California’s Prisons and Jails Are Suffering From Over Population of Inmates Within Their Facilities

California’s prisons and jails are suffering from over population of inmates within their facilities. There are numerous reasons that contributed to the overcrowding problem in California’s jail and prison system. One of the main reasons is politicians and lawmakers are making and passing new laws and policies that locks up prisoners, especially drug offenders to serve extensive periods of time. This is flooding the prison system with inmates who could possibly be serving their time in an alternative way, especially for first-time offenders.

Another contribution to the overpopulation is the rehabilitation programs being offered during or after incarceration. Unfortunately, some these programs have been unsuccessful to reform many criminals into law-abiding citizens once they regain their freedom. Instead there are serval criminals returning to jail or prison after being released making them repeat offenders. This paper is going to talk about California’s overpopulated jail and prisons systems. And how politician are trying to resolve this issue.

According to the article “Types of Correctional Facilities in California”, author unknown, California has seven different types of correction facilities: City and County Jails, State Prison, Federal Prison, ICE Detention Centers, Juvenile Detention Centers, and lastly Camps. These facilities all serve the same purpose, which is to house inmates while they are serving their time. However, they are all differ from crimes and sentencing circumstances. For instance, State Prison house inmates who have been convicted of felonies and violent crimes like assault, arson, battery, rape, and other vigorous crimes. Sentencing of these crimes can range from one year to a life sentence.

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Federal Prison houses white collar criminals who have committed feral crimes like blackmail, embezzlement, extortion, fraud, and other nonviolent crimes. Sentencing of these crimes can also range from one year to a life sentence. While City and County jails serve as a temporary living situation, while inmates are awaiting trial. Once an inmate gets their sentence they are shipped away to prison. According to the website Public Policies Institution of California (PPIC), California has had to ship inmate out of state due to the over populated facilities here. PPIC also mentions, California has opened 21 new facilities between 1984 - 2005 just to try and keep up with the high demand of housing of inmates. California is now home to over 110 facilities that house inmates. Even though California has all of these facilities they are still overpopulated and are bursting out the seams with inmates.

Currently, there is an estimated 238,000 adult people incarcerated throughout various facilities in California, according to the website Prison Policy Initiative. This is not including the other 95,000 people who are currently on probation. Probation is the release of an offender from detention, who is subject to a period of good behavior under supervision and strict rules (ADD SOURCE). However, a violation of probation can send an offender back to prison for longer sentence then previous lock up.

According to the New York Times article (INSERT ARTICLE) “California is the only state in the nation that paroles 98 percent of released inmates, even if they have completed their sentences. About 70,000 parolees return to prison every year. Nationally, states parole an average of 40 percent of their released inmates.” These probation violators are infesting California’s prison systems. Having all of these people on probation is basically asking for more inmates to go back to jail or prison. Thus, adding to the problem rather helping the problem of overcrowded of prison systems.

Another contributing factor to overpopulated facilities are lengthy and over sentenced inmates. According to the book “How many Americans are unnecessarily incarcerated?” written by Dr. James Austin and Lauren-Brooke Eisen with James Cullen and Jonathan Frank, an inmates sentencing is based off of four major components: 1.) Seriousness: Murder, for instance, should be not be taking lightly, offenders should be sentences to the fullest. 2.) Victim Impact: If a person has been harmed during a crime, especially physically, sentencing should weigh toward a more serious sentence. 3.) Intent: If the actor knowingly and deliberately violated the law, a more severe sanction may be appropriate. 4.) Recidivism: Those more likely to reoffend may need more intervention.

One of the biggest concerns about overpopulated facilities is safety, not only staff members but for inmates too. In recent years there has been numberless fights and riots that have led to serious injuries and even death. As a result of these unsafe working conditions here has been a significant decrease with correction officers wanting to work this profession. This is because there is too many inmates and not enough staff members. According to (INSERT SOURCE HERE), staff members fear for their lives when they come to work, especially if their facilities is short staffed. This is resulting staff to use excessive force on prisoners. During an interview with an officer, they said “I will use as much force as I need too, in order to protect myself and my partner.” (ADD SOURCE) There has been tons of media coverage on this issue, especially in these recent years.

In 2010 the National police misconduct statistical report focused on excessive force by type from law enforcement. Fifty-seven percent of common force was physical force. David (2010) includes physical force to be fist strikes, throws to the ground or up against anything, choke holds, baton strikes and other physical attacks. David (2010) adds fifteen percent to be armed force, thirteen percent to be mixed force such as being shot a repeated amount of times by a gun with rubber bullets then being thrown in solitary confinement, eleven percent taser force two percent chemical force which includes being sprayed with mace, another two percent K9 force, and lastly zero percent police vehicle force.

The excessive force data clearly suggests disparities in the application of over-aggressive and potentially lethal police action during police encounters. The use of force is excessive and violates the Eighth Amendment when it is not applied in an effort to maintain or restore discipline. The data also reinforces the sense that there is a culture within some law enforcement departments that accepts aggressive behavior during encounters. The result is distrust between inmates and law enforcement agencies.

A recent case (ADD SOURCE) death of an inmate in Salina’s Valley State Prison is a prime example how a short staff facility can turn deadly. On October 15, 2018 a 19-year-old inmate named Jose Alcantar-Ortega, was found in his cell clinging for his life. Alcantar- Ortega had been stabbed multiple time in his head, neck, and chest when officers found him. He was rushed to an outside hospital, were he was pronounced dead the same day. The Salina’s Valley State Prison opened an investigation after Alcantar- Ortega death. After interviewing dozens of inmates, officers narrowed down their investigation to two suspect Alberto Cortez, 26, and Jaime Romero, 25.

Both men had weapons in their cell. It was discovered Alcantar- Ortega and these two men had problems that originated from a prison riot that occurred the earlier that same week of Ortega death. Cortez and Romero ultimately both charged with Alcantar- Ortega death. Although this case demonstrates how the lack of supervision on inmates can turn deadly. It also goes to show if there was more room in prisons inmates could be moved around to be kept safe and avoid hostile environments. But the reality of having any empty space or spare cells in a prison facilities is out of the question. Many inmates are packed like sardines in the facility they are serving their time at.

According to (ADD SOURCE) majority of California’s prison facilities were built in the early 1960’s, making them extremely dated. Most of these facilities can hardly accommodate the inmates they house. Living conditions in the old facilities are unbearable and unlivable. Lastly you’re Right to be Free from Cruel and Unusual Punishment the Eighth Amendment forbids “cruel and unusual punishment” and is probably the most important amendment for prisoners. It has been interpreted to prohibit excessive force and guard brutality, as well as unsanitary, dangerous or overly restrictive conditions.

Prison Abolitionist Calderaro (2017) states, the prison system uses excessive force to maliciously and sadistically cause harm on inmates, which constitutes as cruel and unusual punishment, violating the Eighth Amendment. Inmates have the liberty interest when prison’s actions interfere with or violate an inmates constitutionally protected rights or result in conditions of confinement that are much worse than is normal for prisoners.

'Due to overcrowding,' lawyers for the association write, 'California uses converted gymnasiums to house hundreds of inmates on double- and triple-stacked bunks. In these prison 'dormitories' there are normally only one or two correctional officers to supervise approximately 200 inmates.'

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