Prisons: 2012 and Beyond

                   The United States is the land of the free and the home of the brave; at least that’s what we have always been told.  It is written in our national anthem, and our constitution lays out the guidelines we must follow in order to stay that way; violations of those guidelines are grounds for punishment.  The punishment that the United States has been most fond of using is imprisonment; making the inmate population in the United States the largest amongst other nations. We have had a long lasting battle with prisoners and prisons; debates on what to do with criminals and how to do it. This has lead to a large problem amongst our prisons and we are trying furiously to fix them.  Many prisons have turned to early release, and others have turned to the reform of tough on crime legislation (Navarrette, 2011, CalRealignment.org, 2011.)

            California, in particular, has been trying viciously to reduce inmate population size.  One of the biggest attempts began with a Supreme Court case in which the court ruled the settings in which the inmates were living to be cruel and unusual punishment; which violated their eight amendment rights (CDCR, 2010; Biskupic, 2011.) The environment that these inmates are living in includes less staff, and more inmates. This leads to increased stress for both inmates, fighting off assault and sexual attacks, and staff who are in charge of more and more inmates; who can rebel at anytime leaving the officers vulnerable to attack (Martin, J., Litchenstein, B., Jenkot, R., & Forde, D 2012.) Also, the inmates are living in unsanitary conditions; every year millions of prisoners are released into the community.  Amongst those inmates released from prison, thousands now house viruses such as tuberculosis, HIV, or hepatitis C; all of which are contagious (Harrison, 2002.) 
           Other consequences that inmates must deal with due to the overpopulation, are the lack of rehabilitation programs.  Not only are the inmates being locked up for longer periods of time, but they are not given any hope of changing their ways; instead they are given the chance to learn new criminal tactics. How can we anticipate change in criminals if we do not provide them help? We throw them in a cell with others who have similar backgrounds, or who have committed worse crimes, and expect them to leave prison a model citizen of the United States? The prison system is a revolving door. Governor Brown said in a press release on April 5, 2011 that (CDCR, 2010,)

            "For too long, the state’s prison system has been a revolving door for lower-level offenders and parole violators who are released within months—often before they are even transferred out of a reception center. Cycling these offenders through state prisons wastes money, aggravates crowded conditions, thwarts rehabilitation, and impedes local law enforcement supervision (CDCR, 2010.)"

            There has been tons of speculation as to what is the best way to handle and loosen the problems amongst inmates due to overpopulation.  Some believe that the change can come if we change sentences.  California has taken a couple of steps to try and end overpopulation using legislations such as what Governor Brown calls realignment. Realignment began on October 1^, 2011 which sent thousands of prisons from state prisons to county jails (CalRealignment.org.) According to an article posted in The Sacramento Bee (2012) nine months after realignment was enacted in California there was a 39 percent reduction in new prison admissions as well as a 26,480 reduction in inmate population; this accounts for two-thirds of what the Supreme Court ruled needed to be reduced by 2013 (Walter, 2012.)

                        Another attempt at reducing the overpopulation occurred in November of 2012. Proposition 36, a reform to the tough on crime, three strikes lawwas voted into effect by the citizens of California. Proposition 36 is said to cut down on prison overpopulation because it will change the sentencing guidelines of the three strikes law.  Now an individual must commit a violent crime, such as murder,rape, or use a deadly weapon while commiting a crime, as their third strike conviction; making them eligible for life without the possibility of parole. Also, inmates who are currently serving a life sentence based on the three strikes law may have their sentences changed to reflect the guidelines of the new law (Attorney General, 2012.)  Therefore, an inmate who is serving a life sentence on their third strike,who has not committed a violent crime may have their sentence reduced to a more appropriate sentence. The first resentencing took place in San Diego on November 21, 2012 (The CW, 2012.) Kenneth G. Corley was convicted in October of 1996 to 25 years to life for possession of drugs for sale. He was resentenced to 15 years, and released based on time served (The CW, 2012.)

            Because of the new changes in the laws, many California attorneys have been gearing up for more cases like the one of Mr. Corley.  There is anticipation that there will be many more inmates released on similar grounds (The CW, 2012.) With changes in the law such as realignment, and proposition 36 I anticipate that there will be a large reduction in the population within the prisons. I believe that once the inmate population drops to a point where rehabilitation programs can be once again introduced to inmates, there will also be a drop in recidivism rates.Although, I don’t believe that these outcomes will happen overnight, there will be a brighter future for prisons, inmates and a less stressful environment for prison staff.

Works Cited

Attorney General. The Attorney General's Office, (2012).Proposition 36 three strikes law. repeat felony offenders. penalties. initiative statue.. Retrieved from website: http://vig.cdn.sos.ca.gov/2012/general/pdf/36-title-summ-analysis.pdf

Biskupic, J. (2011, May 24). Supreme Court stands firm on prison crowding. USA Today. Retrieved from http://www.usatoday.com/news/washington/judicial/2011-05-24-Supreme-court-prisons_n.htm

California Department of Corrections and Rehabilitation (CDCR). (2010). The cornerstone of California’s solution to reduce overcrowding, costs, and recidivism. Retrieved from http://www.cdcr.ca.gov/realignment/index.html

CalRealignment.org. (2011). California realignment. Retrieved from http://www.calrealignment.org/

Harrison, E. (2002). The health status of soon-to-be-released inmates: A letter to congress. National commission on correctional health care, 1, retrieved from http://www.ncchc.org/stbr/Volume1/Health Status (vol 1).pdf

Martin, J., Litchenstein, B., Jenkot, R., & Forde, D. (2012). They can take us over anytime they want: Correctional officers' response to prison crowding. The prison journal, 92(1), 88-105. doi: 10.1177/0032885511429256

Navarrette, R. (2011, May 26). Where does California put 33,000 released inmates?. CNN . Retrieved from http://articles.cnn.com/2011-05-26/opinion/navarrette.california.prisons_1_prison-population-prison-overcrowding-high-court?_s=PM:OPINION

The CW: San Diego channel 6. (2012, November 21). San diego superior court first to re-sentence under proposition 36, releases ‘three-striker’. Retrieved from http://www.sandiego6.com/news/local/San-Diego-Superior-Court-First-to-Re-Sentence-Under-Proposition-36-Releases-Three-Striker-180402461.html

 

Walter, D. (2012, August 15). Realignment has dropped California prison population sharply. The Sacramento bee. Retrieved from http://blogs.sacbee.com/capitolalertlatest/2012/08/realignment-has-dropped-california-prison-population-sharply.html

 

Problems for Inmates

           The United States has made an impact amongst other nations as being one of the toughest countries in the world.  We have one of the greatest military efforts and have some of the toughest laws. It is no wonder that, although we are only a small portion of the world; the United States houses the largest population of inmates (Chuck, 2012.) Although many citizens praise the efforts of law makers to rid society of crime, the consequences such as overpopulation in practically every prison built and the need for more prisons to be built. Some prisons have even moved their prisons outside, like in Maricopa County, Arizona. The sheriff of Maricopa County, Joe Arpaio, has had his staff create a “tent city” where inmates live in large military style tents, sleep on cots and work throughout the day in the Arizona heat(The Huffington Post, 2012.)

Yes, “tent city” has saved costs and it is a way to deal with overpopulation (The Huffington Post, 2012); however, we can’t very well build tent cities outside all prisons in the United States.  Although many people agree with Sheriff Arpaio’s ideology of inmates living the same way that military service men and women do, there are many complaints that arise People rallied outside of Sheriff Arpio’s tent city to protest that the conditions in which the inmates are forced to live.  They exclaimed that the conditions are inhumane, and there must be a better way to deal with the inmates (The Huffington Post, 2012.)

At the end of 2010, the inmate population in both federal and state prisons was 2,266,800; meaning that approximately three out of every ten people were incarcerated (Glaze, 2011.)  Prisons in the United States have exceeded the occupancy of their prisons by half to two times the amount they were designed to hold. Prison overcrowding has resulted in a decreased availability of basic necessities such as staff supervision and medical services as well as a short coming of privacy.  According to the Bureau of Justice Statistics (2008),  the inmate population in the United States in both federal and state prisons increased by ten percent between 2000 and 2005; however, the staff population only increased by three percent (Stephans, 2008.)  The lack of supervision and rising continual increase of inmates causes problems on various levels.

 Also questionable and unacceptable is the harmful physical conditions and the insufficient sanitary environment. Once in a small space shared by two or three people, sanitation becomes a problem, as well as becoming ill and spreading various sicknesses.  In 2002 there were approximately nine million inmates that were released in the United States.  Of those nine million, approximately 1.3 million were infected with hepatitis C, an inflammation of the liver which can lead to cirrhosis (Harrison, 2002; A.D.A.M. Medical Encyclopedia, 2011.)  Also out of those released in 2002, an estimated 137,000 were infected with the HIV virus, and another 12,000 had tuberculosis (Harrison, 2002.) Illnesses an inmate might suffer from in an overcrowded prison environment also become psychological. 

In prison, an individual goes from being free to do as they like, to an environment where they are now told how to dress, what to do, and enclosed in a cell with one or sometimes two other people.  Inmates enclosed in small spaces with other people who are facing similar problems are more likely to develop depression, post traumatic stress disorder, anxiety, aggression and frustration (Sparks-Myers, 2008.) Some may argue that a criminal chose to commit the crime, and therefore must deal with the consequences. Some may also argue that inmates get treated a lot better in prison than those who live life as law abiding citizens. Inmates get three meals a day, and are provided health care whenever they need it.  However, with the increasing numbers of inmates healthcare inside the prison walls is in short supply.  Inmates with mental health problems sometimes commit suicide rather than to wait for help. Other mentally ill inmates are kept in solitary confinement due to the lack of knowledge amongst staff and the unequipped facilities (Chuck, 2012.)

Due to the low level of supervision, many inmates are suffering from assault, sexual advances, stress, decreasing sanitation, and suicidal thoughts (Chuck, 2012; Sparks-Myers, 2008.)  Although I don’t believe that an inmate should have a glorious life in prison for something wrong, I still don’t agree with the “lock them up and forget them” ideology. Inmates shouldn’t be given more than society, but shouldn’t be treated like animals either.  Although, many states are trying to lower their numbers by releasing prisoners or sending them to county lock up, I believe there should be more done.  Instead of building more facilities, money should be spent on trying to fix the dilapidated prisons that already exist, and create more rehabilitation opportunities for the inmates.  If the United States keeps inmate populations high and the standards for the inmates living conditions low we will see in an increase of illnesses coming into society from the large number of newly released inmates.  It will go from a prison problem to a community problem.

  

Works Cited

A.D.A.M. Medical Encyclopedia. (2011, October 06).Hepatitis c. Retrieved from http://www.ncbi.nlm.nih.gov/pubmedhealth/PMH0001329/

Chuck, E. (2012, February ). For mentally ill inmates, health care behind bars is often out of reach. NBC News, Retrieved from http://usnews.nbcnews.com/_news/2012/02/03/10309751-for-mentally-ill-inmates-health-care-behind-bars-is-often-out-of-reach?lite

Glaze, L. (2011, December). Correctional population in the United States, 2010. Retrieved from http://bjs.ojp.usdoj.gov/content/pub/pdf/cpus10.pdf

Harrison, E. (2002). The health status of soon-to-be-released inmates: A letter to congress. National commission on correctional health care, 1, retrieved from http://www.ncchc.org/stbr/Volume1/Health Status (vol 1).pdf

Sparks-Myers, D. (2008, December 17). Mental effects on inmates from overcrowded prisons. Retrieved from http://voices.yahoo.com/mental-effects-inmates-overcrowded-prisons-2305415.html?cat=17

Stephan, J. (2008, October). Census of state and federal correctional facilities, 2005. Retrieved from http://bjs.ojp.usdoj.gov/content/pub/pdf/csfcf05.pdf

The Huffington Post. (2012, June 24). Joe Arpaio tent city protests: Thousands gather for rally . The Huffington Post. Retrieved from http://www.huffingtonpost.com/2012/06/24/joe-arpaio-tent-city-protests_n_1622466.html