Overcrowded Prisons and Public Safety
http://thedianerehmshow.org/shows/2011-05-25/overcrowded-prisons-and-public-safety
California may be forced to release thousands of felons to reduce overcrowding: What this week's Supreme Court decision could mean for prison populations and public safety.
Guests
Carter Phillips
partner, Sidley Austin
Joan Biskupic
Supreme Court reporter for "USA Today." She has written biographies on Sandra Day O'Connor and Antonin Scalia.
Amy Fettig
senior staff counsel, ACLU
Kent Scheidegger
Criminal Justice Legal Foundation

Comments
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Are these for-profit prisons? Is there profit motive involved?
Also, I remember news reports of prison closing around the country. Why not move these folks around the country?
Diane,
My brother had to worked as a dentist for the florida prison system in between jobs 2 years ago.
He found conditions so filthy that he had to come in on his own time to scrub the floors and walls.
JT
Diane
I listen to your show regularly, appreciate many of the topics you address, but your rude dismissal of guests opinions that differ with your own are blatant, unprofessional, and inappropriate!
Three things to remember:
1.) They're called "human rights", not "good humans' rights",
2.) Murder and other serious crimes happen much, much, more often on television than in real life; most offenders are not soulless murder/torture/rape machines---not fine fellows you'd trust with your wallet for a moment if you were smart, but neither are they completely lost causes who deserve no sympathy at all..., and
3.) Horrible conditions in prisons punish all offenders there equally, if not regressively---bad prisons tend to end up being run by those the administration can trust to keep order best, which works out to the smarter of the violent types, who in turn can make life easier for themselves.
Data for Ca prison populations can be found here, http://www.cdcr.ca.gov/Reports_Research/Offender_Information_Services_Br...
I believe the release of thousands of inmates is a good thing. There are plenty of inmates that are not a threat to the public well being. I did almost 7 years in California prisons without witnessing one inmate that was paroled by the parole board even though some had been incarcerated over twenty years without any incidents or violations and whom deserve parole due to their remorse and changed attitudes and beliefs.
I believe the prison systems in California are overcrowded because law enforcement in California isn't about justice but has become an industry unto itself. The 3 strikes law is an example of my belief since it was sold to the public by politicians who led the public to believe it would only strike out repeat violent offenders but locks up offenders for life on petty crimes if they have a violent offense on their prior record.
Ask your guests about the PIA profits. Ask about unfair competition with competing businesses in the free market that have to compete with the PIA who pay less than minimum wages to inmates that work for the PIA. The PIA competes on the free market in many differing industries from textiles to micro breweries without having to pay free market wages or hire people who have a choice to find other jobs that pay at all while incarcerated...
I may have missed it, but why isn't releasing non-violent drug offenders to rehab or clinics part of the conversation?
I believe that one of your panel members has stated that a health care facility is being built as this show is airing. Does this mean that there is one facility being built for the entirety of California inmates? If there is a singular facility how would inmates of prisons not in the vicinity have access to the services?
Check into the Prison Industry Authority in California and you will see where there is profit in locking up people there.
While doing my time, I received health care that saved my life and cost the tax payers lots of money for two open heart surgeries but, I was used as a guinea pig and that my second open heart surgery wouldn't have been necessary had they not used me as an experiment during the first surgery.
I don't think experimentation is right but I can say that I am appreciative of the fact they did save my life at great expense although, I did suffer enormously during their experiment and wouldn't have had as many ongoing health issues if they had done the first surgery without experimentation and used a tested and approved valve like they should have for the first surgery.
I can't say one way or the other if someone made money for my being used as a guinea pig but I would bet that someone somewhere is making money from this practice...
A comment for Kent Scheidegge:
I see the one an agenda is you Mr. Scheidegge. I am glad for the judges that sought to put an end to that kind of abuse. When your on the other side of the bars with your rights taken away, your glad someone would see the obivous, standup, and say something.
You should try to see it from a prisoners eyes. Lock yourself in a small closet, with feces on the floor and see if you like it for decades.
I'm curious as to why you don't have any criminologists on your panel. There is extensive research on prisoner release, recidivism rates, and effective programs and policies that reduce recidivism rates for specific types of offenders. For example, existing research on recidivism rates identifies programs that provide a support system during reintegration reduce recidivism rates.
The gentleman who is against the supreme court justices' decision.
What would be his solution?
What happened to the ORIGINAL enforcement of these violations? What has taken so long in demanding correction that has been necessary for the last ten years? Shouldn't these issues have been addressed, and remedies worked on, already?
I wish someone would have called Kent out when he attempted to answer the question about the affordability of the system he defends. His first response was to resort to the same old scare tactic. The cost of letting these prisoners out could be great to the society on which they prey. Well, I thought it was understood that the violent prisoners were not the ones considered for release. Are we to fear marijuana users or corrupt accountants?
I am surprised nobody has mentioned legalizing marijuana.
Our drug laws are archaic forms of injustice, created to fatten the pockets of those in high places, and need to be reformed.
In speaking and reflecting exclusively on 3 strikes / non-violent, non-sex offenders, folks (yes, sons, daughters, brothers, etc.) who have made seriously stupid mistakes and decisions ending up addicted to drugs, unable to make positive, coherent decisions - boy they are really getting in the way of our quite contradictory "war on drugs". This is what is insane and inhumane. I'd be the first to fight against drug use or people who waste their gift of life but how can our country claim to fight a war on drugs, and then spend loads of money on locking otherwise good people away & washing our hands of them for becoming hooked on drugs/alcohol instead of helping them get healthy. Get them out of prison to be contributing to society. Hey I know California, how about another money making reality TV solution. The biggest "loser" who with hard work and counseling can becomes the biggest winner. BTW, let's check back in a year and see how far along this "health care facility" has come. I don't think the real issue is prison medical care here.
This horrible situation in Ca. prisons was inevitable since the 'three strikes' law was enacted. It was just a matter of time. I don't know why the media is acting so shocked.
You assign a drug addict with no vehicle or job to probation but often make it impossible for them to get to probation - where do you expect them to end up. There actually are quotas on this for probation officers. Why can probation instantly assign incarceration but not drug evaluation or drug rehab?
For every school you don't build, you better be ready to build four prisons. Mark Twain said something like that over a hundred years ago. I appreciate Diane addressing key social issues on her show. It is really a wake up call. I think that a lot of us in America are blissfully unaware of some of the real problems this country faces; we are happy to cut corners on government programs and just as happy to cut taxes on those who have gained the most from the rules of our economic system. Then we wonder why schools and prisons are in terrible shape. So we gut the system and complain that it doesn't work; really, you can't have it both ways. I think we have to either return to the ideals that Americans have had all along and say that human life has no price and a good quality of life for everyone is worth a shared sacrifice; or admit that human life does have a value, not all are valued equal and that some of us can be priced out. In my opinion for quite awhile we in this country have quietly decided to betray our moral roots and put profit over people. This kind of greed has made us not only morally bankrupt as a nation, but actually bankrupt as well!
That's what I want to know as well. Don't understand why Diane and the guests skated over the comment that a good start to this problem would be to release non-violent marijuana users immediately from prison...
To show how ridiculous these laws are, we have a 69 year old man here in Northern Ohio who was just sentenced to 49 days in jail for growing two pot plants in his own back yard to help his wife treat the after effects of her breast cancer treatment.
Here is the story, for those who are interested.
http://www. ohio.com/news/121398259.html
It is obvious to a lot of folks that as long as the prison industrial complex is in place, the USA is moving toward fascism. How else do you all think they are planning on keeping all of us unemployed/underemployed folks in line?
Wake up, folks. It's already almost too late, don't be led like sheep to the slaughter.
I agreeing with the comments here. Really it deserves a broader topic on the injustice system.
It's an epidemically high incarceration rate (the highest in the world) and if a rough 20% figure for those held on nonviolent, non-theft, possibly consentual crimes is remotely accurate... examples being cannabis possession and archaic overreactionary drug laws, or failure/inability to pay...
Not all criminal actions have an associated cost, but there are costs in the revolving door effect (or the creation of an underclass). In some cases, drug offenders were even barred from higher education institutions as part of their punishment. And municipal courts...
It's difficult to see it otherwise, Jane. 1984, here we come....
The basic civil right is the right to vote. Shouldn't the loss of that right by the founding fathers indicate that felons do not have the same rights as the general populace
Wouldn't repealing unwise legislation like three strikes and your out be a much better way to solve two problems with one swift stroke.
Did Kent Scheidegge just say that benefits for union members were a "government boondoggle?!" In fairness, he characterized the union benefits as "lavish," but I wonder to what, exactly, he was referring ... health care?
It's a false argument to say that if California eliminated "lavish" union benefits, it could pay for its prisons.
Wouldn't repealing unwise legislation like "three strikes your out" be a better way to solve problems like this.
the prison you speak of is for the very ill. It is very large and regular medical care will continue to be given at each prison but if the situation requires hospitalization or long term care they will be sent there and this will free up the medical staff at the other prisons to deal with less acute medical issue which are a large part of the log jam caused at each prison medical service . this will cut down on all the prisons general population and the cost of care to the extremely ill.
the prison you speak of is for the very ill. It is very large and regular medical care will continue to be given at each prison but if the situation requires hospitalization or long term care they will be sent there and this will free up the medical staff at the other prisons to deal with less acute medical issue which are a large part of the log jam caused at each prison medical service . this will cut down on all the prisons general population and the cost of care to the extremely ill.
Isn't prison supposed to be a deterrent? Shouldn't it be a place where people are afraid to end up? What about the victims? Why are we supposed to care more about the criminals than the victims? Maybe we should place the 40,000 criminals that will need to be released from CA prisons now on Alcatraz and let them fend for themselves or swim for the shore (watch out for sharks!). Don't commit a crime in the FIRST place and then you won't end up in prison. It's not that difficult to grasp the concept.
Great question from the caller about how to afford this California prison system.
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Kent Scheidegger responds by attacking state plans for providing transportation and the rights of unions. Typical neo-con talking points fed him by potentates like Rush Limbaugh and Sarah Palin.
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Plenty studies show that with strong social programs, transportation, and unions that empower workers--there are fewer criminals to populate prisons.