Another Reluctant Prison Plan from the Governator

by Matt Kelley · 2009-11-13 06:10:00 UTC
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California Gov. Arnold Schwarzenegger handed over another version of his court-ordered plan last night to address prison crowding in the state. The state is starting a budge a bit, but Arnold won’t let sweeping reform happen without a fight.

Schwarzenegger’s second try at the plan admits that the federal court has the power to order the changes without a vote from the legislature, and lawyers for the plaintiffs in the class action suit said the new offering from the state is at least “in the ballpark.”

The state’s first offering was rejected and a three-judge panel threatened Arnold with contempt for offering a half-hatched plan. At least he didn’t code an f-bomb  through the first letter of each line, as he’s been known to do.

The federal court ruled in February in a long and ongoing civil case that California must reduce prison crowding to address human rights violations. The state is being sued by thousands of prisoners who say the state’s inferior prison health care is unconstitutional and deadly, contributing to one unnecessary death a month. The Supreme Court said in September it wouldn’t hear the case now, but will review any federally mandated plan before it is implemented.

California’s new plan proposes releasing elderly prisoners earlier, shortening sentences for crimes like drug possession and receiving stolen property. It also unfortunately includes plans to send 5,000 more prisoners to private facilities and the build new prisons for 2,400. One lawmaker said building prisons doesn’t solve the problem.

"I think that doesn't deal with the problem," state State Sen. Mark Leno. "The overcrowding is a symptom. Building new beds doesn't address the problem that caused the symptom." He said the state should change its sentencing guidelines, a proposal that is not in the administration's plan.

California was a leader on the race to the sprawling, crowded prison systems. Now the broke state should lead on sensible policies that reduce prison populations and focus on public safety rather than unnecessary punishment.

Photo by JoseFren

Matt Kelley is the Online Communications Manager at the Innocence Project and a graduate of the Medill School of Journalism at Northwestern University. Follow him on Twitter @mattjkelley.
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