California leads the nation in correctional reforms. It has dramatically reduced incarceration and done so without a major increase in crime rates, a new PPIC report concludes. But the state and counties still faces major challenges. A panel of state and local experts discussed them in Sacramento last week. Among some of the challenges:
- Preventing the prison population from increasing. Under federal court order to reduce prison overcrowding, California enacted public safety realignment and quickly reduced the prison population to about 200,000 inmates. But Scott Kernan, secretary of the California Department of Corrections and Rehabilitation, said it may be a challenge to keep the number of inmates below the court-mandated target. Based on population projections, the prisons will run out of available beds soon, he said.
- Continuing to improve prison health care. California continues to operate under a court-ordered federal receivership. Although the state has invested significantly to improve inmate health services, the receiver has turned over management of health care to the state at only 7 of the state’s 34 prisons. Kernan said the state is on a path toward full control.
- Adapting to changing jail populations. The counties—sheriffs, probation departments, and the courts—have had to quickly adjust, first to an increase in their populations under realignment, then to an decrease under Proposition 47, which reduced penalties on some drug and property crimes. Today, jails built for short stays now house more serious offenders for longer periods. Probation departments had to quickly build relationships with community organizations to develop reentry services, said Wendy Still, Alameda County’s chief probation officer. “What I think is amazing,” she said, “Is just how fast the counties were able to make this shift and to be able to create the partnerships, to break down the barriers and begin to create these systems of care—and also to retrain their staffs.”
- Understanding the impact of Proposition 47 on crime rates. The PPIC report says the impact of Proposition 47 on crime is not yet clear. Geoff Dean, Ventura County sheriff, argued that it has been significant and that it has clogged courts. He and Still both said that by reducing some felony drug offenses to misdemeanors, Proposition 47 removed incentives for offenders with substance abuse problems to get treatment. Before Proposition 47, certain offenders convicted of felonies went to drug court as an alternative to traditional prosecution, and they were required to get treatment. Misdemeanor offenders don’t face the same sanctions. “There’s a whole segment of that population that’s not getting treatment,” he said. “And the cycle continues.”
Panelists echoed the conclusions of PPIC report coauthor Magnus Lofstrom. The state and counties need to identify and implement cost-effective strategies to reduce re-offending—to reduce pressures on prisons and jails, improve public safety, reduce spending, and improve the lives of those in the corrections system and their families.
Because highly disadvantaged young men are detached from educational and labor market institutions, they are likely to be among the hardest to reach through traditional sites of enrollment. They are also disproportionately represented among people who are arrested and incarcerated in county jails and state prisons.
Although a number of policies have contributed to this decline, it is largely attributable to two recent major reforms: the 2011 Public Safety Realignment Act, or AB 109, which shifted responsibility for many non-serious, non-violent, and non-sexual offenders to county jail and probation systems; and Proposition 47, which reclassified some drug and property felonies as misdemeanors. Since January 2015, two months after voters approved Prop 47, the prison population has remained below the court-mandated target. That is good news for the state. However, the institutional population is only about 1.1 percent, or 900 inmates, below the target. Given this slim margin—and given the fact that the state still needs to show that it is providing adequate health care—the pressure is still on.
Voters may well be inclined to see reductions in spending on prisons, and with good reason. California’s corrections budget continues to grow, with the governor requesting $10.6 billion from the General Fund for 2016–17—a historic high. This amount does not include more than $1 billion annually that the state transfers to counties to implement realignment. For 2016–17, the state is projecting the cost of the prison system to be almost $70,000 per prisoner. A significant reduction in the prison population could finally allow the state to stop the use of out-of-state contract beds and possibly close a state prison. These actions could potentially lead to hundreds of millions of dollars in annual savings. Without further reductions in the prison population, it will be difficult for the state to stop using contract beds and remain below the court-ordered population cap. 
Proposition 47 helped bring down the prison population by about 8,000 inmates, below the mandated target of 137.5 percent of design capacity (the number of inmates that facilities were designed to house). The target was set by a federal court in 2009 in the wake of lawsuits over prison conditions; at the time, it meant a reduction of almost 40,000 prisoners. The prison population has remained below the target since January 2015. This is a key requirement for the state to regain control of prison health care, which is currently overseen by a court-appointed receiver. The total prison population has dropped by slightly more than 45,000 inmates since it peaked in 2006. 
As we noted above, reports of increased crime in a number of cities and counties in 2015 have fueled concerns about the impact of these population reductions. Between January and August, violent crime in Sacramento was up by 24 percent compared to the same months in 2014. In Riverside County, violent crime was up almost 11 percent in the first six months of 2015. In the City of Los Angeles, it was up almost 21 percent in the same time period. 
As of August 2015, the total prison population had dropped by almost 45,000 inmates from its 2006 peak. The majority (about 55%) of the decline was a result of realignment, which was implemented in October 2011 in response to a court order to improve prison conditions by reducing overcrowding. However, it took the passage of Proposition 47 last November—which reclassified a number of felony drug and property offenses as misdemeanors—and building and renting additional prison beds to reach the court-ordered population target of 137.5 percent of design capacity. The prison population has declined by almost 7,700 since November and has remained below the mandated target since January 2015. This is a key requirement for the state to regain control over prison health care—currently, a court-appointed receiver oversees health care in the system.
Although we can see that prison population numbers have dropped in each of the nine months since Proposition 47 passed, we need to be more cautious about the measure’s impact on jail population numbers because we only have jail data for the first two months. Also, counties have been working to implement and refine new jail policies and procedures, and these may be having an impact on jail populations. For instance, data through March 2015 for Los Angeles County show that the jail population dipped below 16,000 inmates in December (down from more than 18,000 in October), but rose above 17,000 in January and stayed above 17,000 through March. This increase is related to the sheriff requiring that inmates serve a larger percentage of their sentences before release. We may see similar developments in other counties. Nonetheless, even in Los Angeles there was a noticeable drop in the jail population compared to months before passage of Proposition 47. 
Since reaching its peak in 2006 of about 163,000, the institutional prison population has dropped dramatically, by slightly more than 49,000. The court order mandated that inmate population be reduced to 137.5 percent of design capacity, or the number of inmates the facilities were intended to house.
California has indeed seen a significant decrease in the reliance on incarceration over the last decade through policies like SB 678 and realignment, as well as initiatives like 2012 Proposition 36 (which revised California’s “Three Strikes” law) and Proposition 47. Our total incarceration rate has dropped from about 702 per 100,000 residents in 2006 to about 568. Unfortunately this is not reflected in the state’s expenditures. In fact, spending on corrections is now at a historic high. A look at corrections spending going back to the 1970s shows a long-term increase. In the current budget year, the state is spending more than $12 billion on corrections. In other words, meeting the federally mandated target does not mean that California has solved its incarceration problem.