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Will state resist court order to release 44,000 prisoners?


From LA Times 7-23-2009 Overcrowded JailOvercrowded prisons foster "criminogenic conditions," must release prisoners

On August 4th, a panel of 3 federal judges ordered California to reduce its prison population by 44,000 prisoners in the next two years to address the inhumane conditions caused by prison overcrowding!  The courts gave the state until September 18th to submit its plan. As the LA Times reported: "The 185-page opinion...accused the state of fostering "criminogenic" conditions, compelling former prisoners to commit more crimes and feed a cycle of recidivism." The ruling is a result of a lawsuit by two prisoners who alleged that the state's 33 prisons are so overcrowded that they are denied adequate health care and treatment of mental illnesses:

"California's prisons, designed to hold 84,000 inmates, house 158,000, much of the overflow contained in converted sports facilities arrayed with triple-tier bunks.  That exposes prisoners to infectious diseases...constituting cruel and unusual punishment in a system suffering a shortage of doctors, nurses and technicians."

Can't celebrate yet--action still needed.

This is a huge victory for all of us who've been fighting for racial justice but this is not the time to celebrate:

  1. We must not take for granted that California will follow the court's order. Already, "lock ‘em up and throw away the key" forces, such as Attorney General Governor Jerry Brown, are threatening to appeal.

  2. This is a critical opportunity to push for much needed prison reforms and to further expose the immense human rights violation this country's prison system represents

How did the prisons get this bad in the first place?

Since 1984, California has built 33 new prisons, plus dozens of other penal institutions.  During this time, the state's prison population increased from 24,000 to 170,000, a 700% increase, with the vast majority being Black and Latino. This happened not because crime was increasing but because the state dramatically expanded criminalization.  It created an extensive array of "law and order" initiatives: 3-strikes and Prop 21, sentencing enhancements for alleged "gang" crimes, the incarceration of juveniles, one of the most punitive parole systems in the country that sends back 70% of its parolees, beefed up police departments and aggressive "broken windows" policing.  All of this has meant the criminalization of Black and Brown communities and the draining of so many vital social services

Unfortunately, the massive prison construction frenzy and "law and order" policies have been and are a bi-partisan effort. Take AB900--in 2007, after more than 20 years of building more 33 prisons, a 700% increase in the prison population, and a 450% increase in corrections spending, the Democratic-led state legislature approved (without voter approval) the largest prison expansion project yet - AB900 - to add 53,000 beds. This, despite all the evidence that when you build you fill....and fill and fill and fill.  Even the judges are not calling for bigger prisons, they are calling for RELEASE!

Take action now!

In addition to this historic and long-awaited federal court ruling, the state legislature recently approved $1.2 billion in cuts from corrections as part of the budget deal reached in July. How this money will be cut is yet to be determined. This, coupled with the court's order, provides a critical opportunity that we must seize to push for a real reduction in prison population through long lasting reforms.

Take Action NOW to support the court's decision - Click here to take action.

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