The U.S. Supreme Court recently ordered the State of California to
address its overcrowded prison problem. As a “quick fix” remedy,
nearly 30,000 low level (non-violent) offenders will be released
statewide in the next few months — nearly 12,000 in Los Angeles
County. The County has a FEW perplexing dilemmas:
Where are all these parolees going to live? Los Angeles’ NIMBY
persona (not in my backyard) means the County’s poorer and more
impoverished areas are going to receive a disproportionate share.
With unemployment already between 24% and 40% (depending whose
numbers you cite), where are they going to work? We all know
ex-offender unemployment rates are nearly 700% (seven times) of
the national unemployment rate of 9.2%, with only one in four
being able to find permanent work.
Early parolees and probationers must find work in a relatively
short time (usually 30 days, although many aren’t released until
they can prove they have work). But the biggest dilemma Los
Angeles County has is who will supervise these newly released
ex-offenders. The Los Angeles County Probation Department is under
massive scrutiny because of its failures to properly supervise
ex-offenders.
So instead of overhauling the Department, L.A. County is
considering another solution: allowing the Los Angeles County
Sheriff’s Department to supervise parolees. The state legislature
thinks it’s a good idea because they can save money in the
cash-strapped budget. Did the hair just stand up on your neck
(like it did mine when I first heard this)? It should’ve. This is
unprecedented and the first step to us being a police state. It
sounds like a “common sense” solution but is full of
constitutional conflicts.
If done, Los Angeles would be the first county in the nation to do
this. No other county in California, and no other county in the
nation, has done this or is doing this. There is a reason there’s
a wall between law enforcement — the Courts and the Justice
Department. The very people who sent many of these parolees away,
some under very suspicious – even false circumstances – would be
asked to supervise their release and rehabilitation.
I can imagine sitting across the desk from the officer who
arrested me (or his buddy) and sent me away, and having a great
deal of confidence that the system that may have compromised me
once is poised to do it again.
Most police think someone who has broken the law once can’t
change, even after it’s been proven time and time again that
people can change for the better and turn their lives around,
police are the last ones to give you the benefit of the doubt. Not
coming out of prison – their biases and suspicions are too high.
It also opens another door of possible collusion; judges,
prosecutors and law enforcement officers already have a cozy, near
incestuous relationship. One arrests, one is the trier of fact who
determines guilt; the last is the determiner of penalty. Once law
enforcement and criminal justice are out of the picture, the state
(or federal) prison systems hold you until your have “paid your
debt.” Federal or state probation departments are supposed to
evaluate, without bias, to determine re-entry and re-assimilation
into society. I’m not convinced law enforcement could be that
objective.
California didn’t get into this predicament overnight. The state
made a concentrated effort to divest in education and invest in
prisons, as its primary measure of social control. Don’t educate
them. Lock ’em up and re-lock them when they get out.
In 2006, then Governor Arnold Schwrazenegger warned that the
state’s prison system was in crisis, as state recidivism was an
alarming 70%, meaning nearly three out of four released inmates
return to prison. That is (still) the highest in the nation. If
the United States of America is a “prison nation” with more than 2
million people imprisoned, California is the prison nation’s
“capitol state.” California is the nation’s largest jailer with
nearly 180,000 prisoners in its statewide corrections system, a
system that only has some 80,000 plus beds.
The prison industrial complex thrives in California, having built
22 new prisons since 1985 while only building ONE new state
university — a 2,000-student campus at UC Merced. The prison
officer’s union has become one of the most powerful in the state
and those employed at California prisons are amongst the best
compensated in the nation. My point here is that there was plenty
of incentive to overcrowd, even when California didn’t have the
money to operate all the prisons it built.
Nearly 60% of California inmates are in prison for non-violent
offenses, and California death row inmates have the longest appeal
process in the nation (nearly 23 years is the average death row
inmate’s stay). The Texas death row appeal process is less than
three years.
California’s statewide prison budget is larger than its education
budget. Arnold called that out on his way out the door, but did
little to reverse the trend. He was going to let inmates out of
prison and he wasn’t going against the prison guard lobby. So the
courts had to do what the state refused to do – prisoners do have
some rights, as few as they are. But now we are forced into a
“situation” whereby the poor and disenfranchised are poised to be
victimized again.
Anthony Samad1 Sheriffs Department Supervising Parolees?Los
Angeles County Sheriff, Lee Baca, is a compassionate, reasonable
man who has proven that he can barely make a dent into the abusive
culture of his department. And he won’t be there forever; more the
reason not to do it. I believe both the prisoners and the citizens
would have a constitution challenge if the Board of Supervisors
carry this out. It violates both the rights of the accused AND the
rights of society.
Los Angeles County’s best option is to overhaul the Probation
Department. Put it in receivership like they did the Health
Department and Children & Family Services. But don’t give it
to the Sheriffs Department. Parolee supervision will then become
just another blurred line of abused authority.
Anthony Samad
The Black Commentator |