How NOT to do prison reform

September 18, 2009

How many could avoid prison with drug treatment?

How many could avoid prison with drug treatment?

For decades, people in California have talked about prison reform. Even while we were locking up record numbers of young Californians with laws such as Three-Strikes-and-You’re-Out, Democrats and Republicans (well, not the troglodytes) alike have been talking about how we need to divert nonviolent offenders to rehabilitation programs instead of simply jailing them. And California did have some innovative programs to do just that. Only, they were pilot programs. They never became institutionalized. And they were never really supported by the all-powerful prison guards’ union, because they didn’t create enough prison jobs.

It’s long been known that most criminal offenders are substance abusers; most of them are untreated addicts, hence the high recidivism rate. They get out of prison with no treatment, go score their drug of choice – whether its alcohol, crack or crystal – then get loaded and commit new crimes. It ain’t rocket science to prevent this. Oodles of research and pilot projects show that providing treatment and aftercare to addicted offenders reduces recidivism and criminal justice costs. The famous CALDATA study from the early 1990s found that every $1 spent on drug and alcohol treatment saved $7 in taxpayer money, mostly because of reduced crime.

Meanwhile, California’s Little Hoover Commission continually over the years urged more drug courts, treatment, rehabilitation, education and training for both youth and adult prison inmates to reduce overcrowding and huge taxpayer costs.

But, we didn’t do it, not in any meaningful way. A meaningful way would have been to divert incarceration dollars to treatment and rehabilitation programs and push most inmates and parolees into treatment and long-term aftercare for their addiction. But the prison guards’ union wouldn’t allow that, and neither would conservative politicians — or most liberal politicians who either didn’t want to be seen as soft on crime or who just didn’t think it was very important. The state’s prison budget has increased fivefold since 1994. But we didn’t see fit to use that money to transform our corrections system so that it would stymie recidivism.

Now, it’s too late. The federal government is forcing the State of California to release 45,000 inmates – the size of a small city – because of overcrowding and inadequate health care in prisons. The State Legislature recently passed bills called prison reform, but they were really just ways to cut a billion dollars from the prison budget with some window dressing to try to fool people into thinking that lawmakers were doing something positive.

The state says that it will be sending these released prisoners to local programs. But they’re being cut by the state revenue raid of

California prison population outta control

California prison population outta control

local government and cuts to state-funded treatment and rehabilitation, like the deletion of  Proposition 36 funding. So those local programs, such as probation, jails and rehabilitation, actually have less capacity then they did six months ago, yet the state is sending more offenders to local jurisdictions. All these problems will only get worse as California’s budget problems grow next year.

The moral to this story is…well, there is no moral. People give lip service to prison reform, but I’ve never seen it really done, not in California or anywhere else in the United States. We could be diverting huge numbers of offenders from our prisons. But the truth is — we don’t really want to.


Arnold Schwarzenegger and Jerry Brown try to shoot the messenger of California’s prison disaster

February 2, 2009

California Gov. Schwarzenegger and Attorney General Jerry Brown are california_prisons_1_4001
firing blanks at the messenger heralding the disaster that California prisons have become. Both the governor and attorney general asked U.S. District Judge Thelton Henderson to remove J. Clark Kelso, who was appointed receiver of prison healthcare three years ago by Henderson, and return inmate medical care to state control. Schwarzenegger and Brown complain that Kelso is going to spend $8 billion to build a gold-plated health system. However, their ploy to remove Kelso probably won’t work.

Let’s set aside whether Kelso’s $8 billion plan is a good one or not and instead look at how we got into this mess and whether we’re anywhere near getting out of it. The last question is easy to answer. Judge Henderson appointed Kelso because prison healthcare in California was terrible. There’s no evidence to show that it’s improved, nor that it will any time soon, considering the state’s multibillion-dollar deficit. Why would Henderson suddenly remove the receiver when nothing has changed?

How did we get into this mess? That’s easy, too. The politicians and people of California created it by foolishly thinking that they could punish crime away — without giving any consideration to the ultimate cost and impossibility of such a plan.

With rehabilitation almost nonexistent – the public and politicians never wanted to pay for that – recidivism remains at more than 66 percent. Two out of every three people released from California prisons go back – the highest rate in the nation.  Politicians and the public thought they could scrimp on health care, drug treatment, rehabilitation, education – anything that might benefit the lives of inmates once they were released because, well, they’re inmates and they deserve only the worst. Only 7 percent of inmates receive alcohol treatment, although 42 percent have a high need for it. And only 2.5 percent of inmates who have a serious need for drug treatment actually get it. And even for those who get treatment in prison, aftercare programs when they’re on parole are wholly inadequate.

The fact is that inmates are wards of the state and the people of the state are responsible for their welfare – all 172,000 of them. The people of California have volunteered to take care of as many inmates as possible, and now they’re complaining about the cost. Maybe Californians should have thought of that before they embarked on their prison-building binge while incarcerating as many people as possible. Since 1977, about 1,000 laws have been passed increasing penalties for all sorts of crimes. California politicians run for office by touting how they got tough on crime by increasing prison sentences. And the public eats it up.

Crime rates are lower in California than they were when we started our prison building and people punishing obsession. But they are lower
everywhere, including in states that didn’t try to throw everybody behind bars. Nobody’s exactly sure why crime goes up and down.

But one thing is sure: Californians chose an impossibly expensive way to fight crime. And now, we don’t want to pay for the program we chose and we don’t have the political will to create real change. The result will be continued billions of dollars in costs for prisons (more than we pay for higher education), continued high recidivism rates and large-scale inmate releases as the system we chose collapses.

That collapse is upon us. A panel of three judges is considering whether to cap the population and release up to 52,000 inmates – with almost no rehabilitative or re-entry programs in place for them.

This whole thing is dumb public policy, folks. A child could devise a better plan.

Recommended read on prison reform on the California Progress Report.


Everybody talks about rehabilitation, but…

June 29, 2008

Don’t look now, but California is about to be forced to release some 27,000 prison inmates by 2012, with very little chance that many will have received any meaningful rehabilitation. Despite that the California Department of Corrections has been renamed the California Department of Corrections and Rehabilitation, it’s still just a name on a door. The problems at the community level are even worse.

SAN FRANCISCO (AP) June 28, 2008 — A proposed settlement seeting to reduce California’s prison population collapsed yesertday, setting the state for a trial that could result in the court-ordered release of thousands of inmates…

Local officials said that the proposed settlement would have put too great a burden on county jails and rehabilitation programs, which they sare are underfunded.

The California public has supported rehabilitation for years. One survey in 2004 found that by an 8 to 1 margin, Californians favored using state funds to rehabilitate prisoners both during  and after incarceration. And yet, a report by the California Policy Research Center shows that while 42 percent of state inmates have a “high need” for alcohol treatment and 56 percent have a “high need” for drug treatment, only 7 percent get alcohol treatment and 9 percent get drug treatment — of any type, even just 12-step meetings — while in prison. The national average is more than twice that high. Not surprisingly, only 21% of California parolees successfully complete parole— half of the national average— and two out of three inmates returning to prison are parolees.

California has known about these problems for decades and done nothing. In fact, rehabilitation programs declined throughout the 1990s. Today, 20 percent of California inmates don’t take part in any prison program at all.

Pretty soon, there will be mass releases,  and communities — not the California Department of Corrections and Rehabilitation — will get hurt. Even if you don’t believe that addicts should be incarcerated, almost everybody thinks that they should receive treatment. If they don’t, if we release thousands of untreated alcoholics and drug addicts into our communities… well, let’s just say it probably won’t have a beneficial impact on public health and safety.

SAD FACTS ABOUT CALIFORNIA PRISONS