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CJCJ's Executive Director Daniel Macallair, is a practitioner-in-residence at San Francisco State University (SFSU)'s Department of Criminal Justice Studies. These slides are from his California …

CJCJ's Executive Director Daniel Macallair, is a practitioner-in-residence at San Francisco State University (SFSU)'s Department of Criminal Justice Studies. These slides are from his California Corrections System course materials.

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  • 1. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103The Plata & Coleman DecisionsCalifornia Corrections
  • 2. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Eighth AmendmentExcessive bail shall not berequired, nor excessivefines imposed, nor crueland unusual punishmentinflicted
  • 3. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103California Prisons Overcrowding
  • 4. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103California Prisons Overcrowding• 33 Prisons- Meant to hold 90,000 inmates• Population reached 172,000 inmates (2004)• Large disparity of staff:inmates ratio.• Led to lack of proper care, services, funding, room forinmates, etc..
  • 5. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Plata v. Brown (2001) inadequate medical screening of incoming prisoners; delays in or failure toprovide access to medical care, including specialist care; untimely responses to medical emergencies; the interference of custodial staffwith the provision of medical care; the failure to recruit and retain sufficient numbers of competent medical staff;disorganized and incomplete medical records; a “lack of quality control procedures, including lack of physician peer review,quality assurance and death reviews”; a lack of protocols to deal with chronic illnesses, including diabetes, heartdisease, hepatitis, and HIV; and the failure of the administrative grievance system to provide timely oradequate responses to complaints concerning medical care. Plaintiffs asserted that the “unconstitutional conditions” caused by defendants’failure to “properly care for and treat the prisoners in [their] custody . . . causedwidespread harm, including severe and unnecessary pain, injury and death.”Complaint said that this treatment led to 34 deaths.
  • 6. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Plata v. Brown (2001)• Issues Raised:– Violated 8th Amendment• Cruel & Unusual PunishmentAs a result:– CDCR medical care is seen as unfit– Court orders medical care to be in “receivership”• Receivership limited effectLawyers say it is because of severe overcrowding
  • 7. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Coleman v. Brown (1990)
  • 8. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103California Prison Overcrowding
  • 9. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Coleman v. Brown (1990)Complaint:– Improper mental health care for prisoners• Delays in access to necessary mental health care “at each level of themental health care delivery system as it existed in the CDC,” which“resulted in exacerbation of illness and patient suffering.”• No “systematic program for screening and evaluating inmates for mentalillness.”• “supervision of the use of medication was completely inadequate;prescriptions were not timely refilled, there was no adequate system toprevent hoarding of medication, . . . inmates on psychotropicmedication were not adequately monitored, and it appeared that somevery useful medications were not available because there was notenough staff to do necessary post- medication monitoring.”• “the California Department of Corrections was significantly andchronically understaffed in the area of mental health care services.”
  • 10. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Coleman v. Schwarzenegger (1990)• Issues Raised:– Violated:• Civil Rights Act of 1871• 8th and 14th Amendments• Rehabilitiation Act of 1973• As a Result:– Special Master appointed to oversee prisoncompliance.
  • 11. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103What the Cases RevealedThe Special Master and Receivership appointed to theCDCR as a result of Plata and Coleman showed anintense overcrowding problem.– So severe that mental and medical health issues areseriously affected• Governor issues “state of emergency” in California prisonsystem.
  • 12. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Three Judge Panel• Following the Governor’s State of Emergency, thePlaintiffs from Plata and Coleman move to have a three-judge court limit the prison population.• The court grants motion; and orders defendants (CDCR)to submit a plan within 45 days detailing "a populationreduction plan that will in no more than two years reducethe population of the CDCR’s adult institutions to 137.5%of their combined design capacity.”
  • 13. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Results of Coleman/Plata• The Plata and Coleman cases revealed the trueconditions that exist in the CA Prison System.• They forced the state government to improve healthcare.• Led to court decree ordering the state to address theovercrowding• Mandated the improvement of overall conditions
  • 14. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103US Supreme Court Rules (May 2011)California Prisons Violate ConstitutionalConditions and orders state to reduce prisonpopulation
  • 15. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103The criminal justice Realignment law(ab 109)Effective October 1, 2011
  • 16. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Provisions of Realignment Law• People convicted of felonies with prison sentences ofthree years or less will serve sentences in county jails• Revocations for post release violations can berecommitted for no more than 180 days• County jail good time calculated at one for one• Counties can use home detention in lieu of jail• Counties provided with funding to expand communitycorrections services
  • 17. www.cjcj.org© Center on Juvenile and Criminal Justice 201340 Boardman PlaceSan Francisco, CA 94103Change in prison population after realignmentImprisonment rate, 2010Major county* Percent change Dec 31, 2011 June 30, 2011Solano -16% 1,351 1,614 381.0Placer -16% 801 952 305.3Yolo -15% 943 1,115 465.8Kings -14% 1,385 1,618 1,145.7San Francisco -14% 1,269 1,482 110.3San Joaquin -14% 3,021 3,522 419.0Tehama -14% 430 501 434.0Stanislaus -14% 2,149 2,503 313.0Kern -14% 4,387 5,101 363.7Butte -14% 1,138 1,319 688.7Merced -14% 877 1,015 305.4San Bernardino -13% 10,558 12,182 410.4Fresno -12% 4,281 4,846 356.9Shasta -12% 1,339 1,515 744.4Yuba -12% 444 502 450.6Orange -11% 7,988 9,023 380.3Santa Barbara -11% 1,392 1,565 451.4Madera -11% 564 633 502.7San Luis Obispo -11% 691 774 341.9Humboldt -10% 515 575 302.1Ventura -10% 1,992 2,222 283.2San Diego -10% 10,824 11,967 408.3Statewide -9% 148,770 164,143 407.1Santa Clara -9% 4,936 5,426 401.0Alameda -9% 3,918 4,295 284.9Tulare -8% 2,653 2,891 442.4Sacramento -7% 7,174 7,754 461.5Monterey -7% 1,660 1,794 429.2Los Angeles -7% 50,569 54,296 494.9Santa Cruz -7% 515 552 199.1Riverside -7% 10,151 10,866 583.8San Mateo -6% 1,484 1,582 310.9Sonoma -5% 1,169 1,229 246.3Contra Costa -5% 1,852 1,945 179.1