The Problem Of Prison Overcrowding

Since the tough-on-crime era began in the 1980s, the California prison system and parolee population have grown tenfold. This is in great part due to the three strikes law that passed in 1994. This law made it a requirement for any offender convicted of a felony with two previous felonies to go to prison for a minimum of twenty five years. This law sent many people to prison for longer sentences due to non-violent drug offenses, when in actuality they should have been sentenced to rehab. Prison overcrowding is an important topic that all Americans should care about, since according to The Bureau of Justice Statistics, over ninety-five percent of all prison inmates will be released at some point, with over eighty-five percent of them being placed under parolee supervision. Of this population, sixty-five percent suffer from substance abuse issues and meet the need for treatment for their addiction. Drug and alcohol abuse, specifically drug abuse, and crime are inextricably related. Unfortunately, the majority of those released from prison who suffer from addiction issues are not treated while incarcerated, and as a result end up back in prison.

As of 2015, 2.7% of adults in the United States were under correctional control, the lowest rate since 1994, however that is still roughly 6.7 million adults (Kaeble & Glaze, 2016). While the correctional population has declined, correctional facilities in the United States are still grossly overcrowded, with many facilities at or surpassing capacity. A report in 2010 by the California Department of Corrections and Rehabilitation showed that on average, facilities were at 175% capacity (Brown, 2010). However, as of midnight on October 31st, 2017 the California Department of Corrections and Rehabilitation reported that their facilities, on average, were 132% occupied (Brown, 2017). Not only is prison overcrowding a burden on the facilities themselves, but also on the inmates. Prison overcrowding, that is, housing more inmates than the facility can humanely facilitate (Haney, 2006), places a strain on all resources throughout the correctional facility, including on the healthcare that’s offered, educational programs, and most dramatically on the physical space available to house inmates (Ekland-Olson, 1983).

County jails are not equipped to “manage the influx of more prisoners, and for longer periods of time, as well as provide ‘evidence-based’ rehabilitative programs,” which has serious implications for confinement conditions and for the overall success or failure of Realignment (Owen & Mobley, 2012, p. 47). Even before the Realignment Act, California jails were struggling with “crowding, court-ordered ordered caps on their populations, antiquated facilities and few programs” (Owen & Mobley, 2012, p. 48). Counties are limited in their ability to address these concerns because of county-level budget cuts.

The U.S. Supreme Court has acknowledged the growing distress, deeming California’s state prisons unconstitutionally crowded. In 2009, the U.S. Supreme Court ruled out that California’s 33 state prisons have become too overcrowded to the point where there are no sufficient medical and mental health care available (Realignment AB 109, 2013). The U.S. Supreme Court determined that the 33 state prisons are violating constitutional exclusions, under the Eighth Amendment, against unfamiliar punishment and brutality, says the American Legislative Exchange Council, an American organization producing model policies for state legislators (ALEC, 2010).

In 2011, California Governor Edmund G. Brown Jr. signed Assembly Bill (AB) 109 into law. The purpose of this historic legislation, was to enable California to finally close the revolving door policy for lower-level convicted felons coming in and out of the state’s 33 prisons. AB 109 was also the key piece of legislation for California’s solution to abide by a federal court order. The order mandated the California Department of Corrections and Rehabilitation (CDCR) to reduce the amount of inmates in the state’s prisons system to 137.5 percent of capacity by 2013 (Caudill 2015).

Within the last four decades, the rate of incarceration in the United States has continued to increase exponentially. The Bureau of Justice reports that the inmate population in 1971 was estimated at two hundred thousand, while the current number stands at roughly 1.5 million – nearly eight times more than the number of inmates in 1971. Because of the high costs associated with prison operations, their overcrowding, and wrongful convictions, California introduced legislative measures such as Propositions 36 and 47 as well as Assembly Bills 109 and 117, in order to lessen the number of incarcerations. Not only will implementing these reforms save the state millions in revenue, they will also rightfully place truly dangerous criminals in

Before 1998, California’s state prisons were designed to house 66,000 inmates, that meant one inmate per prison cell. Around the time of September of 1998, there were 120,000 inmates resulting in an overcrowding level of 182 %. Construction plans after 1998 were for new prisons to hold 80,000 inmates (“Accommodating”, 1995). Referring back to the 137.5% reduction that needed to be met by three-judge panel, that would mean that it would

By beginning his paper with background information, Schuck invites the reader into the conversation – overcrowding is so high in the prison system that the holding capacity of prisons has become unconstitutional, but will persist due to skeptical, crime-fearing, and tax-weary public that will decline any reforms presented. Schuck uses California as a prime example of the serious

The United States Supreme Court ruled that prison overcrowding in California was equivalent to cruel and unusual punishment. This decision recharged a long-standing disagreement among scholars and politicians as to whether or not courts should intervene to protect make changes. Some believe this is a matter or the well-being of those unable to make decisions for themselves. Others believe this is not a top priority and by forcing states to improve state institutions, the already costly industry will have cost increase. The journal also discusses the economic effects reform has had. Concluding that they have made positive changes at a slightly higher expense. The changes made by the state made the facilities closer to “humane” by court standards. (7)

All aspects of the prison system have increased exponentially since the 1970s: “population size, budget, staffing, and number of facilities” (Owen & Mobley, 2012, p. 46). Not only does California have one of the highest incarceration rates nationally and internationally, it also has one of the highest rates of recidivism. Prior to 2011, two-thirds of those released were re-incarcerated within 3 years, most often for technical parole violations – not new convictions (California Department of Corrections and Rehabilitation [CDCR], 2013); the majority of rearrests in California occurred within one year (Durose, Cooper, & Snyder, 2014). In Brown v. Plata, the Supreme Court ruled that California prisons violated the 8th Amendment on the grounds

California is known for many things: beaches, sunshine, surfing, and some of the most crowded prisons found in America. California’s state prisons have long been faced with the issue of overcrowding, largely due to California’s tough-on-crime laws put into place to keep crime rates low and discriminate against criminal activity. Unfortunately, these laws have backfired and now serve to keep far too many non-violent Californians locked for much longer than necessary. This has led severe overcrowding within the California prison system to the point where the federal government has become involved in solving the issue.

These measures were taken to ensure public safety but are now posing a problem for our correctional facilities. Overcrowding and budgets are among the problems brought about by these measures. Both the state and federal correctional population throughout the United States have steadily seen significant increases in their population, every year for the past decades. Based on the census found on the Bureau of Justice website, the data collected between June 30th 2000 to December 30th 2005 showed that prisoners held in custody between federal and state prisons increased by 10%. (“Bureau of Justice Statistics”, p.1 -2)

Overcrowding within the criminal justice system has intrigued me to write about it because of personal family reasons. The problem of overcrowding has been a major problem within the criminal justice system for years. Overcrowding occurs due to harsher punishment for crimes (“Prison overcrowding is a growing concern in the U.S.,” n.d.). More laws are being created that makes certain activities illegal which places more criminals into jails (“Prison overcrowding is a growing concern in the U.S.,” n.d.). Criminals are also relapsing into criminal activity after leaving jail (“Prison overcrowding is a growing concern in the U.S.,” n.d.). Overcrowding in prisons has created extensive problems not only within the prisons but outside the prisons

The top vulnerability that was included in the the material was overcrowding. The reason why we have so much overcrowding in our prisons is because of laws and not enough smart on crime actions and policy being taken place. We have many people serving more time in our prison for non violent offenses. We are spending more money keeping these offenders in our prison. Enforcing laws such as the three strike laws that are giving our offender time up until twenty five years and more. This law has became the most taken advantage of in our criminal justice system. We need more corrective action programs and halfway houses for non-violent offenders to participate in. We need more treatment facilities to help offenders with disability. This would allow

Prison Overcrowding has become a major issue in the United States. Many laws such as the three strikes law and also mandatory minimums have played a major part in prison overcrowding in the United States. The violence that is caused by prison