This proposal is being generated by an inmate who is
serving 25 years to life under the California Three Strikes Law (3x). It is my
intent to bring something to the table that will help in solving California's Prison Over
Crowding Crisis and also help myself in the process.
CDCR’s only problem is that it does not want to release
anyone from prison. The State's budget cannot handle this type of thinking any
longer, in fact, the State is considering reductions in the school system which
many studies conducted by various organization has concluded that the average
educational levels of inmates are in the low grade school area somewhere around
3rd or 4th grade level. This number has significant meanings as it suggests
that if the State cut more of the education's budget, more Californians' will
end up in prison further packing people into a system that is already broken.
There has been talk of cutting the free lunch program in
schools to help the State's financial crisis which in my opinion would lead to
a drop in the education level of many of the students in the lower income
areas. The California Correctional Peace Officers Association (CCPOA) has
fought tooth and nail against any changes to the prison system in fear of
loosing jobs. The State can save "Billions" of dollars
by implementing a slow reductions to the prison population through a gradual
release program controlled by the Federal Courts or through the process
utilized by the CDCR as they have done in the past with Senate Bill 42
(SB42). This way, the CDCR could take inmates to a Classification hearing,
look through the inmates Central File (C‑File) and if the inmates meets the
criteria for release, the inmate shall be released.
If the State has some reserve about certain inmates, the
State could provide some inmates with ankle bracelets to continue tracking the
inmates movements at a cost of fifteen hundred dollars (1500) a year as opposed
to the forty three thousand dollars ($43,000.00) a year it currently cost the
State to care for an inmate. This plan/proposal would reduce the prison
population by 66,000 inmates, and reduce the prison budget by approximately
$2,838,000.00. Instead of sending non‑violent criminals to prison, the
State could utilize 'stiff measures that would benefit the State. For example,
if a person committed a non‑violent crime, the State could give the accused an
option of completing drug treatment programs, completing community service
hours, paying a fine, and if the accused does not complete what the Judge deems
as a fair course of action for the crime committed, then the State has the
option of imposing a stiff prison sentence on the accused (deferred
sentencing). This would save the State money that could be used in other areas
and help keep the prison population down, and give the accused the chance of
changing his/her deviant behavior.
To safely reduce the number of inmates in the CDCR, all
that need to happen is:
AMEND THREE STRIKES 'LAW
There is a real need for someone to be smart about crime,
which means stop giving people life sentences for petty crimes. amend the 3x
law to "violent crimes only," as it was introduced to the public in
1994 (Violent crimes within the meaning of 1192. 7 (C) I? and 23 use of
a weapon and caused great bodily harm during the commission of the crime to
make the prior eligible to count as a strike prior). This would reduce the
population by about three thousand (3000) inmates. The release do not have to
be at once, it could be written in
a way that would place the responsibility on the inmate by
requiring the inmate to complete/obtain their GED and a Trade prior to
receiving their release.
INMATES SERVING LIFE SENTENCES UNDER OLD LAW
There are large numbers of inmates who were sentenced to 7
years to life in the mid to late 1970's who are still being denied parole, as
well as inmates who received 15 and 25 years to life in the early 1980's who
are being denied parole for reasons such as no "insight" or
"lack of insight" for the crime. These denials are "just
because" denials and if an inmate has completed everything that the Board
of Prison Terms has laid out for the inmate to complete, the inmate should
receive a chance at paroling. This would reduce the population by approximately
twenty or thirty thousand (20,000 to 30,000). There also ran be a requirement
for the inmate to have completed or obtained their GED and Trade.
PAROLE VIOLATORS
The State should do away with parole violations for non‑criminal
acts i.e. failing to submit a change in address, or for receiving a parking
ticket which is classified as "contact with the police." This would
reduce the population by approximately twenty five or thirty thousand (25,000
or 30,000) inmates.
HOSPICES CARE/ELDERLY INMATES/IERMINALLY ILL
There are a number of elderly and sick inmates who are
forced to remain in prison. They are being told that they have a certain amount
of time to live, and they should be released. There should be a criteria or
system in place that would expedite the release of such inmates. This would
reduce the population by fifteen hundred to three thousand (1500 to 3000)
inmates.
EARNED GOOD TIME/WORK TIME SENTENCE REDUCTION
Many inmates are not receiving good time/work time credits
as out‑lined in the CCR Title 15 and penal code. Inmates who are participating
in a positive program, those inmates should receive good time/work time
credits. This would allow the prison population to maintain a steady balance as
opposed to ballooning out of control. Allowing inmates to earn good time credit
will further reduce the violence in the prison system. Inmates once earned
day for day work time credits, however, changes to this procedure now have
inmates serving 80 & 85 percent of their sentence which has slowed the
release of inmates significantly.
The prison population cap should be implemented with over‑sight
by your office and under the control of the Federal Courts. The State should
not be allowed to reduce the budget of the School District
to accommodate the largest prison system in the world. The population should be
around 100,000 inmates. The population should not be allowed to exceed this
number as the State economy can no longer handle such an increase.
Thank
you for your time and consideration to this matter.
C. LEWIS, D‑80824
cc:
Barak H. Obama, President United States of America
Arnold
Swarzennegger, Governor State of California
Eric Holder, United States Attorney General
ROSEN, BIEN, & ASARO, Law Office
Donald Spector, Prison Law Office San Quentin
Karen Bass, State Assembly
Families to Amend California
Three Strikes (F.A.C.T.S.)
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