California State Prison Overcrowding

Federal Courts have been on California's back for a while now about the overcrowding going on in the state's prison system.  The state has been asking for more time to reduce its prison population, while the Federal Courts have been reluctantly pushing the deadline back.  Well on Monday, the courts extended the deadline one more month.

While this might sound like an ultimatum, it appears that this extension was granted not in order to give California time to comply.  Rather, the extension was meant to allow for another (longer) extension.

Governor Jerry Brown wants the Federal Government to give California THREE YEARS to reduce the prison population, while inmate advocates obviously want less time than that.  Brown contends that the three year extension will allow for programs aimed at keeping people out of prison to work.  I'm skeptical that an effort was even made to that effect, and am extremely skeptical that it would work.

California has long resisted reducing the percentage of time an inmate must serve in prison from 85% to 66%.  Instead, California is asking for more time, and if they don't get it, will spend $315 Million this year to house inmates in private prisons and county jails.  Realignment last year moved many would-be state prisoners to the county jails.  While it is unlikely California will budge on the 85% requirement, it seems like sentencing reform would be a better solution than continued overcrowding or further bankrupting the state and burdening county jails.  Brown has also been opposed to having prisoners housed in other states, where it is cheaper than California's $50,000 a year to keep someone locked up.  Reforming sentencing enhancements like California's "Three Strikes" law would also go a long way, but does not seem to be on the horizon.

REALIGNMENT
Due to the Prison Overcrowding, the state passed laws allowing people to serve felony sentences of over one year (for nonviolent offenses) in the county jail.  This has further overburdened county jails, and left prison to house mostly violent offenders.  Still, sentences under California's three strikes law are so harsh that the prisons remain overcrowded.

EXPANDED FIRE CAMP
A Federal court has also ordered California to expand fire camp to some serious and violent felons.  This offers some strike offenders an opportunity for a shorter sentence.  The particular inmate would have to be found by the Department of Corrections to have a very low risk of flight or violence and determine that the person is suitable for a shortened jail sentence.

The US has more people behind bars than China, a country with four times our population.  Clearly we're doing something very wrong here in the self-proclaimed "land of the free."  Does Jerry Brown have the solution?  I hope so...but I doubt it.

LA County Jail Overcrowding

CA Department of Corrections

Best,

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
NL@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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