in the spotlight

Update: California Prison Overcrowding

On September 12 of this year, Governor Jerry Brown approved Senate Bill (SB) 105, which provides $315 million for reducing California's prison population in response to a federal court order. SB 105 allows these funds to be used for two different purposes. One purpose is to increase prison capacity through the use of private prison space in order to reduce California's prison overcrowding. Another provision allows these funds to be used for community corrections programs that are designed to reduce recidivism.[1] The California Department of Finance estimates the cost of incarceration in a contracted facility to be $29,491 per inmate, versus $10,000 per inmate for state prison incarceration.[2]

SB 105 was enacted in response to a federal three-judge panel's order requiring the State of California to reduce its prison population to 137.5% of capacity by December 31, 2013. It appropriates $315 million from the state's General Fund; these funds must be spent on immediate prison capacity to meet the federal court order, and only to the extent needed to avoid early release of prisoners. It allows specified private prison space to be used meet capacity needs; it also allows prisoners to be sent to out-of-state prisons without their permission.

SB 105 funds not encumbered for immediate prison capacity by June 30, 2014 must be transferred to the newly created Recidivism Reduction Fund (with some portion potentially being returned to the General Fund). In turn, the Recidivism Reduction Fund will be used to support community corrections programs that reduce recidivism; these may include mental health treatment, drug and alcohol treatment, anger management, cognitive behavior programs, and job training and employment services. SB 105 also includes a provision that if the three-judge panel adjusts the date that the capacity requirement must be met after SB 105 is enacted, the California Department of Finance is required to prepare a fiscal estimate of the revised order(s).

Later in September, the federal court gave the State an extension to January 27, 2014 to reduce the prison population. It also prohibited the state from increasing the number of inmates who are housed in out-of-state facilities.[3] On October 15, 2013, Corrections Corporation of America announced that it had leased prison space to the State for a 3-year base term, plus ability for renewal options.[4] On October 21, 2013, the federal three-judge panel gave the state another extension to reduce the prison population, to February 24, 2014.[5]