Press Release

Legislators Outline Agenda To Create New Prison Beds And Ease Transfer Rules

SACRAMENTO - Legislative Republicans today called on the Legislature to act immediately in dealing with prison overcrowding by making it easier to use available bed space as well as transfer prisoners out-of-state. 

"It is critical to get something done now," said Senator Dick Ackerman (R-Tustin). "Inaction will lead to prisoners being released early."

It is possible that the federal courts will impose a population cap or take over the system completely unless the state addresses prison overcrowding.  Unfortunately, previous efforts by Republicans to address prison overcrowding have failed in the Democratic-controlled Legislature.  In addition, actions taken by the Schwarzenegger Administration to transfer prisoners out-of-state have been tied up in the courts.

"We must do everything in our power to find available space to relieve prison overcrowding," said Senator George Runner (R-Antelope Valley).  "That includes empowering the Governor with the ability to address this crisis."

Republicans call on the entire Legislature to pass measures that will make it easier for the Governor and the California Department of Corrections and Rehabilitation (CDCR) to develop temporary housing at underutilized state facilities, jails and community correctional facilities. 

"We must give the Governor all of the tools necessary to deal with the prison overcrowding problem including amending laws to make it easier to transfer prisoners out-of-state," said Senator Roy Ashburn (R-Bakersfield).  "The Capitol should never be a barrier to exporting prisoners out-of-state."

Republicans also want the lawmakers to address out-of-state transfers.  In October of 2006, Governor Schwarzenegger proclaimed a State of Emergency within the prison system in order to allow for the transfer of inmates to out-of-state facilities without the need to contract for these beds.  Unfortunately, the Governor's proposal was stopped as a result of a legal challenge.

Additionally, Republicans have identified some previously closed community correctional facilities as well as some existing sites that cannot house inmates due to regulatory issues.

"Prison reform must include mitigation measures to lessen adverse impacts on surrounding communities," said Senator Dave Cox (R-Fair Oaks). "It is inherently unfair for the State of California to dump its prisoners into small rural towns and not consider the adverse effects prisons have on nearby communities."

Legislative Republicans will also push for expanding existing prison facilities to permanently increase the number of prison beds in order to more closely meet the diverse needs of the inmate population, including medical and mental health needs.  The last two prisons built were Delano II (authorized in 1999 and activated in 2005) and the Substance Abuse Treatment Facility and State Prison at Corcoran (authorized in 1993 and activated in 1997).   

"We are rapidly running out of room in our state's prisons for one simple reason - lawmakers have failed to build more prison space," said Assemblyman Greg Aghazarian (R-Stockton).  "The consequences before us are real and we must act today to ensure dangerous, repeat criminals are not given a get-out-of-jail early card because the Legislature ignored the problem."

On November 13, prisoners who are parties to the Plata (health care) and Coleman (mental health care) class action lawsuits filed motions asking the respective courts to look into placing a cap on the state prison population.  The motions assert that "overcrowding is causing cruel and unusual conditions" and come on the heels of the Democratic-controlled Legislature's lack of action during last year's Special Session.  The judge in one of these cases has given the Administration until June to provide evidence that it has a plan to deal with overcrowding. 

With impending May and June court deadlines, the Legislature and the Governor have little time to come up with a short term solution or else there is a high likelihood that the federal courts will release prisoners early. 

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