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Running Head: Dangers of Overcrowding

Dangers of Overcrowding in California Prisons


Jennifer Creacy
Cal Baptist University

Dangers of Prison Overcrowding

Prison overcrowding is an issue that affects many states--especially California. It occurs


when there is insufficient space for prison inmates. Most California prisons are so overcrowded
that they are housing more than 15,000 inmates in unsafe conditions as well as using program
rooms for housing. Some sentencing is unnecessarily harsh and it contributes greatly to prison
overcrowding. Some states have decreased their prison budgets to reduce the inmate population,
and then reduce the operating capacity and related costs. Prison populations should be reduced
by changing the legal system and the amount of time served in prison by reducing sentences for
specific crimes or incorporating innovative ideas in lieu of time behind bars.
To understand the history of prison overcrowding one must understand its origins in our
country. The state of California actually had a reputation for having an ultra-progressive penal
system before 1980, California didnt have harsh laws or excessive sentencing. Then California
began aggressively increasing sentencing in that late 80s and 90s in response to nationwide fear
about high crime rates. Several high profile crimes by parolees including the murder of 12-yearold Polly Klauss stoked fear in California. California enacted more than 1,000 laws that
increased sentencing in a 5 year span to settle these fears (Fusch 2014).
California takes in so many inmates that the California Corrections system does not have
enough space to house these inmates in safe conditions. The California Department of
Corrections and Rehabilitation (CDCR) is the largest prison system in the United States. The
website, Office of Governor Edmund G. Brown (n.d.), says that due to the large amount of
people incarcerated in California prisons, all 33 CDCR are at or above maximum operational
capacity, and 29 of those prisons are so overcrowded that they are housing more than 15,000
inmates in conditions that pose high safety risks, namely, prison areas never designed or intended
to house inmates. Rooms such as common areas, prison gymnasiums, day-rooms, and program

Dangers of Prison Overcrowding

rooms with about 1,500 inmates sleeping on triple bunks create significantly overpopulated areas
which can pose health and procedural issues.
With all those inmates being housed in rooms where the normal programs are supposed
to be held, the inmates are not receiving the proper therapy and education that they can use upon
release. The inmates could really benefit from life skills, career development programming, PEP
aims to educate, empower, and transform the lives of those incarcerated (Prison Education
Project (n.d.). Without the inmates receiving proper therapy and education, they are sent back
into society and are expected to behave and not break the law again. Given those circumstances
it does not seem possible for them to create a new life for themselves. Without an education it
does not leave many job opportunities open for them. Some of these inmates come into prison
with no education and no job experience, being released they have no skills and are almost
guaranteed to return to prison. Also, Over 40% of all people leaving prison will reoffend and
be back in prison within three years of their release. Alternatives to prison such as drug and
mental health courts are proven to confront the underlying causes of crime (i.e., drug addiction
and mental illness) and help prevent offenders from committing new crimes (Alternatives to
Incarceration in a Nutshell 2011 para. 6). With the way the prison system is now, many are not
receiving the proper help and tools needed to succeed in the real world and it poses a huge risk
for the general public putting these criminals back on the street. As well as making it almost
certain that these individuals will return to prison, which in return will continue to make the
prisons overcrowded. Research has also shown that prisons with better staff-prisoner
relationships are perceived as more rehabilitative (Schinkel, M. 2015).
Another issue related to overcrowding is that of minimum sentencing or excessive

Dangers of Prison Overcrowding

sentencing. In early 2014, the sentencing commission adopted an amendment to reduce


sentences from certain drug-trafficking and distribution offenses,includingtraffickingoffenses
thatinvolvedrugquantitiessubstantialenoughtotriggermandatoryminimumsentences.The
sentencingcommissionermadethisretroactive,applyingthemtothousandsofinmateswhoare
servingsentencesfromdrugoffenses.Thousandsoffederalinmateshavefiledmotionswiththe
courtsofjurisdictionfromsentencereductionsandhavebeengrantedapprovalforearlyrelease
(Reduce Prison Sentences, but Not for Violent Offenders. n.d.). Therearesomanyinmatesthat
areincarceratedbecauseofthethreestrikelaw.Alotofthemarenonviolentoffendersandthey
areusuallyjustfordrugcharges,whoarenowinprisonwithalifesentence.Lifesentences
shouldnotbehandedouttononviolentdrugoffenders,theyshouldbesavedforviolent
offenders.

There is a growing consensus in Congress that certain federal drug sentences, such as
mandatory life imprisonment for a third drug trafficking offense, are unnecessarily harsh and
contribute to prison overcrowding and a ballooning federal prison budget. However, the
sentencing Commission is going about it the wrong way. The new guidelines blindly apply
sentence reductions to all federal inmates without considering the impact early release would
have on the safety of our communities (Reduce Prison Sentences, but Not for Violent Offenders.
n.d.). This new sentence reform is not ideal in all aspects but it does have some positive impact
of the overcrowding of prisons. It gets those inmates, who deserve an early release, to have a
second chance at life and it also gets those inmates out of prison to help with the overcrowding.
The negative aspect is that some prisoners who are getting released early are more dangerous and
make it dangerous for the communities they are being released to. A number of unfortunate

Dangers of Prison Overcrowding

collateral consequences are likely, including increases in child abuse, family violence, the spread
of infectious disease, homelessness, and community disorganization (Petersilia 2000).

Another huge concern is what these inmates are exposed to while in prison that can make
them even more unstable upon release. With so many inmates and not an increase in the amount
of prison guards, it makes the sexual assault rate increase. The guards are not able to watch
every single prisoner and that is when inmate on inmate sexual assault occurs. The same goes
for staff member assault, there are just not enough correction officers for how many inmates
there are, to stop these type of crimes. Evans (2014) writes an estimated 49,000 state prisoners
were sexually assaulted during their incarceration. There were 27,300 incidents of inmate on
inmate sexual abuse and around 27,100 incidents of sexual misconduct by a staff member. In
total, about 9.6% of state prisoners were believed to be sexually assaulted. While incarcerated,
inmates are exposed to being sexually assaulted and then not even receiving the right help in
prison to deal with the emotions that come with that. This can make the public at risk for these
released inmates to take their aggression out on an innocent citizen.
If California could find a successful way to keep inmates out of prison, it would benefit
communities, families, and taxpayers in general. The cost to keep one person in federal prison is
$28,000 for only one year. Alternatives to prison are much cheaper and would save taxpayers
millions. Also, keeping people incarcerated keeps families separated, sometimes for decades.
Alternatives to prison can keep families together. The main benefits of reducing prison
overcrowding could lead to a decrease in impoverished neighborhoods, overall job growth, and
the potential for economic growth nationwide (Alternatives to Incarceration in a Nutshell 2011).
If the inmates were rehabilitated upon release and able to work, they would be putting money

Dangers of Prison Overcrowding

back into the economy. It would make more sense if Americans were paying that money to get
these inmates the help they needed and into society where they can contribute to the economy.
Instead they are being locked up for the amount of time appropriate for their crime, and then
sent back out to just repeat the same crime again, or in some cases an even more horrific crime.
The only way for states to decrease their prison budgets substantially is to reduce the
inmate population, and then reduce the operating capacity and related costs. Some states already
have some different approaches to the way they handle released inmates that are still committing
some crimes. South Carolina increased the punishment for certain violent crimes while
restricting controlled substance offenses to provide community supervision options for first and
second time offenders. Some states have even expanded earned time credits to some inmates
who have completed programs designed to reduce recidivism (Henrichson & Delaney 2012).
The state of California needs to find a way of keeping inmates from returning to prison to
keep the number of inmates that are incarcerated down. If the inmates are being released and
within a few years committing another crime, what good is that for the communities and for the
prisons? The goal should be to stop them from committing new crimes and returning to prisons
just to make the population grow. Recidivists may return to prison multiple times. This is called
churning and churning turns into a public safety problem in terms of new crimes and an
unfortunate future for those past inmates who keep returning to prison. As the knowledge
continues to grow about which programs are successful at reducing recidivism, and the type of
offenders most likely to benefit, one must make an equal effort to understand how readily
available the programs are, to examine the contents in which they can be delivered, and how best
to utilize them for the purpose of maximizing a reduction recidivism. Over the past three

Dangers of Prison Overcrowding

decades, scientists and evaluators have conducted empirical studies to access the effectiveness of
various correctional programs. Generally, the emphasis has been on assessing the impact of a
program or intervention on recidivism or some measure of returning to offending (Taxman
2013).
Recidivism is the best strategy to keep these inmates from returning to prisons and to
keep the prison population down. Many states have stepped up their efforts to reduce the amount
of crime that can potentially happen and violations of probation and parole. Reducing recidivism
offers a significant amount of savings. The most effective re-entry planning begins by preparing
the inmates for their release as soon as they enter prison, by using a thorough screening
instrument that helps staff identify priority areas for intervention and develop management plans
(Henrichson & Delaney 2012). If upon release an inmate had all the tools they needed to be
successful, there would be a greater chance that they would not return. Prison overcrowding can
not end if the same prisoners keep returning, there has to be a way to end the vicious cycle.
Since much of the recidivism occurs when offenders return to prison for technical
violations, breaking the administrative rules of their community based supervision, several states
are using meaningful but less expensive consequences. Some states are even providing financial
incentives for agencies that reduce recidivism, including California (Henrichson & Delaney
2012). If agencies are receiving incentives to keep the prisoners from returning, it could be just
the right thing American needs to keep that population down. These agencies will try every thing
in their power to keep the inmates from breaking their probation or parole which in return will
keep them from returning to prison.

Dangers of Prison Overcrowding

Prison systems need to be rebuilt so that they reflect and live up to fundamental
Western ideas about justice and fairness. The moral responsibility; human dignity, interests, and
needs of defendants and offenders should be restored to their place at the center of the criminal
justice system. Peoples freedom, property, reputations, and loves are at stake. Everything the
criminal justice system does should acknowledge that. That does not mean that victims interests
in security and crime prevention should be ignored. They are important, but there is no zero-sum
game. Treating offenders unjustly does not honor victims, affirm moral values, or make a safer
society. (Tonry, M. 2015).
Hebrew 13:3 states, Continue to remember those in prison as if you were together with
them in prison, and those who are mistreated as if you yourselves were suffering. The bible
states that those incarcerated in prison are still human being and that they should not be forgotten
or mistreated. We are all Gods people and we should all be treated fair. We are not to judge, it
is to be left up to God what our eternal life is, but while we are on this earth everyone should be
treated with respect and we should have empathy to those who dont have the life that is
expected.

Dangers of Prison Overcrowding

References

Alternatives to Incarceration in a Nutshell. (2011, July 08). Retrieved

January 26, 2016, from

http://famm.org/wpcontent/uploads/2013/08/FSAlternativeinaNutshell7.8.pdf
Evans, K. M. (2014). Crime, prisons, and jails. Detroit, Mich: Gale.
Fuchs, E. (2014, August 04). How California Prisons Got To Be So Insanely Overcrowded.
Retrieved February 8, 2016, from
http://www.slate.com/blogs/business_insider/2013/08/04/california_prison_overcrowding_ho
w_did_it_get_that_way.html
Get the Facts. (n.d.). Retrieved February 03, 2016, from http://raisetheageny.com/get-the-facts
Henrichson, C., & Delaney, R. (2012). The Price of Prisons: What Incarceration Costs
Taxpayers. Retrieved from http://www.pewtrusts.org/en/research-and-analysis/reports/
0001/01/01/the-price-of-prisons
No New Prisons - Prison Facts. (n.d.). Retrieved February 03, 2016, from
http://www.nonewprisons.org/prisons/
Office of Governor Edmund G. Brown Jr. Newsroom. (n.d.). Retrieved January 7, 2016, from

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http://www.gov.ca.gov/news.php?id=4278
Reduce Prison Sentences, but Not for Violent Offenders. (n.d.). Retrieved February 02, 2016,
from http://www.nationalreview.com/article/426367/sentencing-reform-violent-criminals
Petersilia, J. (2000, November). Sentencing & Corrections. Retrieved February 8, 2016, from
https://www.ncjrs.gov/pdffiles1/nij/184253.pdf
Prison Education Project. (n.d.). Retrieved February 09, 2016, from
http://www.prisoneducationproject.org/
Schinkel, M. (2015). Adaptation, the meaning of imprisonment and outcomes. Prison Service
Journal, (219), 24-30. Retrieved January 27, 2016, from
http://www.crimeandjustice.org.uk/sites/crimeandjustice.org.uk/files/PSJ 219 May 2015.pdf
Taxman, F.S., & Pattavina, A. (2013). Simulation strategies to reduce recidivism: Risk need
responsivity (RNR) modeling for the criminal justice system. New York, NY: Springer.
Tonry, M. (2015). Studies in Crime and Public Policy: Sentencing Fragments. Oxford, GB:
Oxford University Press. Retrieved from http://www.ebrary.com
Prison Education Project. (n.d.). Retrieved February 09, 2016, from
http://www.prisoneducationproject.org/

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