Unintended Consequences Of The State Prison System

In the United States of America there are currently two prison systems in place; the Federal prison system, and the State prison system. Every state in the U.S. has its own Department of Corrections, which is tasked with handling crimes committed at the state level (Allen, 2017). The state where the crime occurred has jurisdiction over the individual that committed the crime. An individual, whom has committed a crime within a state’s jurisdiction that results in a long sentence, is sent to the state prison system in that particular state (Allen, 2017). A long sentence encompasses a period of time which exceeds a year, and a day; which is the length of time given to an individual convicted of a felony crime. An individual convicted of a misdemeanor crime which is accompanied by a sentencing length of less than a year, will serve their respective sentence in a jail. Once the individual has received their sentence, they will go through an initial classification process (Allen, Latessa, and Ponder, 2013). The purpose of the initial classification process is to identify the individual’s custody level, work assignment, and treatment. The initial classification process will differentiate between those individuals that present different security risks, and supervision concerns. Factors such as the individual’s current offense, escape potential and prior criminal history are factored in during the initial classification. Also, an individual’s background attributes, such as mental

Corrections have existed throughout society for many years and continued to change and evolve in the United States reflecting society’s values and ideals throughout the centuries. In the criminal justice system, corrections exist in more than one form. Not only do corrections refer to jails and prison systems but they also pertain to community-based programs, such as probation, parole, halfway houses, and treatment facilities. Past, present, and future trends in regard to the development and operation of institutional and community-based corrections vary between states but corrections have grown immensely since the early 1800s and have continued to expand

One of the most recent significant changes to California corrections is the passing of Assembly Bill 109 (AB 109) by Governor Jerry Brown in April of 2011. The realignment is a program that was created as a result of overcrowding in state prisons, and it served to redirect non-violent offenders to county jails and put them under the supervision of county probation officers instead of sending them to state prisons. It “…shifted responsibility for people convicted of certain non-serious, nonviolent or non-sex felony offenses from state prisons and parole, to county jails and probation…” as an alternative (CalRealignment.ORG). AB 109 was primarily the result of a U.S. Supreme Court upholding a lower court’s ruling in Brown V. Plata. The court mandated California to reduce state prison overcrowding because the conditions in these prisons were so bad. The conditions were so terrible, especially when it came to certain

However, the mandated reductions, the prison inmate’s population would still be 137.5 % over its allowed capacity (Liptak 2014). In opposition, the State of California submitted an appeal for the federal order to the Supreme Court seeking protections under the Prison Litigation Reform Act (Newsman and Scott 2012). In 2011, the Supreme Court 5-4 decision upheld three-judge panel’s federal order requiring California state prisons to reduce its population by 30,000 inmates (Liptak 2014).The Supreme Court judges emphasized the notion that overcrowding inflicted pain on prisoners, and, therefore, violated inmate’s constitutional rights (Newsman and Scott 2012). After the Supreme Court’s decision, Jerry Brown advocated realignment in the state prisons that would transfer non-violent, non-serous, and non-sexual offenders to county jails (Ravi 2014). Likewise, to comply with the federal order Brown allocated 6 billion in state funds to be transferred to counties aiding the realignment reforms (Ravi

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).

Whenever you imagine prison, you think up ideas and violent images that you have seen in the movies or on TV.   Outdated clichés consisting of men eating stale bread and drinking dirty water are only a small fraction of the number of horrible, yet “just” occurrences which are stereotypical of everyday life in prison.   Perhaps it could be a combination of your upbringing, horrific ideas about the punishment which our nation inflicts on those who violate its’ more serious laws that keeps people frightened just enough to lead a law-abiding life. Despite it’s success in keeping dangerous offenders off the streets, the American prison system fails in fulfilling its original design of restoring criminals to being productive members of society, it is also extremely expensive and wastes our precious tax dollars.

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).

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

Since 1984, the California Penal System has been forced to undergo drastic changes resulting from increased legislation aimed at increasing the severity of retribution to offenders leading to an exponentially increasing prison population. In the 132 years between 1852 and 1984, the state of California built twelve prisons, but has since supplemented the prison system with 21 new facilities. In 1977, the California Department of Corrections was responsible for 19,600 inmates. California’s inmate population now stands at 160,655, an increase of close to 800%.

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

In the 1970s and 1980s, a massive amount of inmates began fillin up the United States prison systems. This huge rate of growth in this short amount of time, has greatly contributed to the prison overcrowding that the United States faces today. In fact, the prisons are still filled to the seams. This enormous flood of inmates has made it practically impossible for prison officials to keep up with their facilities and supervise their inmates. One of the main reasons why many prisons have become overcrowded is because of states’ harsh criminal laws and parole practices (Cohen). “One in every 100 American adults is behind bars, the highest incarceration rate in the world” (Cohen). The amount of inmates in corrections systems, throughout the

Ex-offenders face many challenges after being released into society after prison. This prolonged issue has gone on for quite some time in the United States, and it has been since recent decade that the United States has discovered reentry for prisoners (Johnson & Cullen, 2015). In 2007, the Second Chance Act of 2007 was introduced to break the cycle of recidivism; to rebuild ties between offenders and their families before and after incarcerated to encourage and support offenders; to protect the public; to provide and promote law-abiding conduct; to assist offenders in establishing a self-sustaining and law-abiding life providing sufficient transition

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)

The Unites States of America’s prison system is a flawed mess. To open the eyes of our government we must first take a stand against unlawful government decisions, and show support for the greater good of society. What are our own tax-dollars paying for, what are the flaws in the justice/prison system, why is overcrowding in prisons causing tension, and what are ways our society and government can rebuild the system that has been destroyed over the years? Most criminals in prisons are not a danger to our society because they commit crimes just to use jail as a shelter, causing the overcrowding of prisons and wasting away of what we really should be paying for.

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)