By Debra J. Saunders
Sunday, September 01, 2013
Why would someone who opposes draconian federal mandatory
minimum sentences oppose efforts to cut California's prison population by about
9,600 inmates? Because the federal system and the California system are two
different animals.
U.S. prosecutors have been known to throw the full weight
of the federal government toward putting low-level, nonviolent offenders away
for decades.
In California, the focus has been on violent and serious
offenders. In the past several years, Sacramento has reduced the state prison
population by about a quarter, or more than 40,000 inmates. Gov. Jerry Brown's
2011 "realignment" plan diverted nonviolent, non-serious and non-sex
offenders to county jails or programs.
Now, apparently, Brown has hit his limit. "The
proverbial low-hanging fruit, they're gone," California Department of
Corrections spokeswoman Terry Thornton noted. "The people who still come
to prison are serious and violent and sex offenders."
Now Brown wants to put the brakes on the inmate exodus.
Alas, in 2009, a panel of three federal judges ordered the state to reduce its
prison population to 137.5 percent of capacity. Please note that 100 percent
capacity means one inmate per cell; by this definition, every prison is
overcrowded. No worries: The judges also concluded that overcrowding is
"criminogenic" -- or likely to produce criminals. So they ordered the
inmate reduction, which Brown clearly fears would be truly criminogenic.
"If you let 10,000 people out, what happens if they
decide not to go to church every Sunday and instead commit serious
crimes?" Dao Gov noodled during a news conference. They will have earned
their way back to prison, but thanks to the judges' inmate cap, there will be
no room at the inn. Before freeing inmates, Brown argued, do-gooders should
ask, "How many people will pledge not to commit crimes that will get them
back in?"
"Politically, (Brown has) been with the releases all
the way down the line," observed Kent Scheidegger of the tough-on-crime
Criminal Justice Legal Foundation, which opposed Brown's realignment plan. Now
that Brown wants to stop an inmate release, he added, "I do think he
genuinely believes that releasing another 10,000 would indeed increase
crime."
Brown fought the three-judge panel all the way up to the
U.S. Supreme Court. But he lost. (So much for the Roberts court's being
conservatively activist.) With a Dec. 31 deadline looming, the Democratic
governor has been left with two choices -- free thousands of inmates who are
likely to reoffend or find more prison beds. Here "find" means
"build them or buy them."
The governor reached out to Assembly Speaker John Perez,
Assembly Republican Leader Connie Conway and state Senate Republican Leader Bob
Huff to put together a bipartisan package to place state prisoners in privately
owned facilities. To pay for the program, Sacramento will have to raid budget
reserves to the tune of about $415 million per year.
"I always tell the governor," Conway later
quipped, "I love it when he channels his inner Republican." For their
part, Conway and Huff had to hold back the temptation to criticize Brown for
not spending some of the $7.4 billion in bond funds approved in 2007 to build
more prisons.
Perez has the thankless task of standing with Brown and
GOP leaders as state Senate President Pro Tem Darrell Steinberg pushes an
alternative plan that screams the sort of soft-on-crime thinking that drove up
crime in the Golden State until voters approved a three-strikes ballot measure
in 2000. Steinberg proposed spending $200 million per year on drug treatment
and mental health programs; in exchange, prison inmate attorney Donald Specter
might agree to a legal settlement that would give the state three years to
reduce the prison population, not four months.
If an attorney for inmates might agree to keep some
10,000 inmates in prison, that says two things: The prisoner lobby can live
with the status quo, and maybe it's afraid of what happens if too many inmates go
free. As Scheidegger blogged, "if you release prisoners in order of
dangerousness, the danger to the public safety per prisoner released increases
as you go along."
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