Thursday, November 10, 2011

NEWS: Reduced state prisoner population expected to leave counties with heavy burden

By Katharine Wilson
Contributing Writer

There have been many misconceptions and mixed messages from the media concerning Gov. Jerry Brown’s “realignment” plan for prisoners passed in April with Assembly Bill (AB) 109 according to Lt. Jackie Galapon, public information officer for the California State Prison in Lancaster, CA.

“We are not transferring any inmates to county jails,” Galapon said. “We won’t release any inmates early.” The state prison population will decrease gradually over the next two years as convicted felons currently in prison continue to serve the time of their respective sentences.

Effective Oct. 1, AB 109 transferred two responsibilities to local officials: supervising new parolees who have not committed a violent or sexual crime and accommodating all newly convicted criminals accused of committing non-violent, non-serious and non-sexual crimes.

This classification of low-level felonies generally covers drug and property crimes according to Lt. Billy Graham, who works at the Mira Loma Detention Center beside the state prison.

California has been struggling to deal with overcrowded prisons for decades since crime increased exponentially from the 60s to the present day, especially during crime peaks in the 70s, 80s and 90s as recorded in the Uniform Crime Reports compiled by The Disaster Center.

Three judges on a federal panel ruled on Feb. 7, 2009, that California prisons were violating the Eighth Amendment’s ban on cruel and unusual punishment by failing to provide a healthy environment for their inmates.

The state appealed to the Supreme Court, but on May 23, 2011, a 5-4 vote ruled in favor of reducing the states prisoner population. Under this ruling, by May 24, 2013, the state must reduce the prison population by 33,000 inmates―leaving 110,000 convicted violent, high risk and sexual offenders in state prisons, which is 137.5 percent of the system’s capacity.

Galapon said after only one month there has been no noticeable difference in their population, but claimed the state prison in Lancaster is not overcrowded with its 4,500 inmates. She also said, however, that the majority of non-violent offenders currently imprisoned there are bunking in what used to be a gym before half of the facility was converted into a reception center in 2006-2007.

The fact that inmates have been packed into gymnasiums in some state prisons was one of the main health concerns brought up by the federal three-judge panel, as well as Justice Anthony M. Kennedy of the Supreme Court, according to the Los Angeles Times.

Apart from AB 109, plans have been in place for a couple of years to convert the gym back into a recreational area by February 2012, according to Galapon. Then, the prison will become a Level 4 facility (the highest security in this state) as it was originally constructed to be in 1993.  Brown’s realignment plan is expected to help with this changeover, as non-violent felons will be filtered out.

After the first month of operating under AB 109, there has not been a noticeable spike in crime according to Deputy Michael Rust, public information officer for the Lancaster Sheriff’s Department. He does not, however, expect this to continue.

“Our gut feeling is that, yeah, crime is going to go up,” Rust said.

With most of the beds full of state prisoners in the county jail, there won’t be room for the regular run of criminals. Alternatives to custody have become a necessity. “Somebody who would normally do 6-8 months in county jail will now be given an ankle bracelet, and sent on their way,” according to Rust.

Statistically, Rust said, 98 percent of parolees violate their parole within two years, and a vast majority of them violate it 30-60 days after their release from prison.

This new plan will not only be taking up a lot of the county deputies’ time and manpower, but will also be costing the county more “for prosecuting the state offenders, parole violators . . . [and for monitoring] people who are out with an ankle bracelet,” Rust said. “It’s costing the county more, but the state’s going to save money.”

Brown has signed several bills to help allocate funds from state sales tax revenues and Vehicle License Fees to the 58 counties of Calif., lowering the county’s required contribution from 25 percent to 10 percent, and other deals concerning jail construction. However, Rust still anticipates a heavy financial burden on the county.