The cut-off date for a plan to reduce crowding in California’s prisons is fast-approaching, and the Assembly and Senate are debating two versions of a bill that would comply with a judge-ordered reduction in inmates of 40,000.  

Both plans would increase home-detention and reduce parole supervision for low-level inmates, as well as turn over up to 8,500 illegal felons to the federal government for deportation. It would also offer inmates credit for time served if they undergo rehabilitation.  The Assembly version of the bill--passed last week--falls about $200 million short of the $1.2 billion in cuts specified in the state’s recently-passed budget, and the Senate’s version included many provisions that were stripped out by the Assembly. 

Both versions are coming under fire from Republicans, who worry about the message releasing prisoners ahead-of-schedule sends and the burden that integrating released criminals will place on local governments.  Senate President Pro Tem Darrell Steinberg (D-Sacramento), meanwhile, says there’s a lot of work to be done in bridging the gap between the two versions of the bill, but it’s “a good first step”.

“There’s a lot of work to be done,” Steinberg said.

 If the state doesn’t come up with a plan to reduce the prison population by Sept. 18, the three-judge federal panel will produce its own plan.

Meanwhile, Gov. Arnold Schwarzenegger filed a motion in U.S. District Court in San Francisco arguing that following the judge-ordered reduction would result in increased crime and strained local resources.  If the motion isn’t granted, Schwarzenegger plans to appeal to the Supreme Court.

“The court’s order could force the state to release tens of thousands of prisoners without any supervision, which would have an enormous impact on public safety,” said a statement from the Governor’s Office. 

However, Schwarzenegger has expressed cautious support for the Assembly version of the plan, but a spokesman told Mercury News that it leaves “questions about how it addresses our overcrowding crisis and our budget.”

Those questions will be hammered out in coming weeks between the offices of Steinberg, Schwarzenegger, and Assembly Speaker Karen Bass (D-Los Angeles).  A significant element of the Senate bill was the creation of a nonpartisan commission to discuss sentencing in California, a likely component of the discussions.  Separating nonviolent and violent offenders, as well as choosing when to incarcerate parolees for minor or technical offenses, will continue to be the focus of negotiations.  One thing is certain; legislators don’t want to turn California’s prison system over to the feds.

“Rejecting this common-sense approach is a sure way to get the federal courts to release thousands of prisoners in any manner they decide,” Bass said in a statement after passage of the Assembly bill.

                                        

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Why are Legislators tinkering with politically toxic parole changes that wouldn’t save any real money anyway? Passing a Community Corrections Act (CCA) would save $350 million in annual prison operating costs and avoid spending billions for more prison beds. CCAs have operated successfully in Minnesota and Oregon since the 1970s and would fix California’s long broken parole revocation system.

Under a CCA, a State contracts with counties for supervision of parolees committed from their county. Violations are handled by county criminal courts. Technical parole violation rates would return to standard levels. A CCA contract would pay counties state parole supervision costs of $7,278 per parolee compared to $1,250 spent for each probationer, a financial boost to a budget starved probation system.

Previous CCA legislation has been defeated in the Legislature due to union opposition. Legislators have the rare opportunity to substantially improve the California parole system and save billions. We can only hope they take advantage of it!

rich mckone , September 08, 2009

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