CDCR Files Response to Federal Panel on Prison Management Plan

For Immediate Release
Contact: Gordon Hinkle / Oscar Hidalgo
(916) 445-4950

November 12, 2009

CDCR Files Response to Federal Three Judge Panel on Prison Management Plan


Press Conference image

“We
have thoroughly examined the court’s concerns and believe that this
plan represents the best option to meet the court’s order,” said CDCR
Secretary Matthew Cate. 
“Although this plan meets the court
mandate, we continue to believe our best option is the original plan
already being implemented by the state that reduces the prison
population over time without compromising public safety.”

Click here for CDCR's Population Management Plan Filing
Click here for Three Judge Court Ordered Plan: Table
A

SACRAMENTO – The California Department of Corrections and Rehabilitation
(CDCR) today filed a revised plan with the federal three judge panel
that addresses the panel’s concerns about the department’s previous
filing submitted on September 18, 2009. The panel ordered the
department to produce a population plan to meet the court’s operational
capacity level of 137.5 percent by the end of 2011.
 
“We have
thoroughly examined the court’s concerns and believe that this plan
represents the best option to meet the court’s order,” said CDCR
Secretary Matthew Cate. 
“Although this plan meets the court
mandate, we continue to believe our best option is the original plan
already being implemented by the state that reduces the prison
population over time without compromising public safety.”

The
revised plan includes the proposals from the September 18, 2009 plan as
well as additional options the court may consider.  The department can
only reach the court’s population goals with changes in state laws or federal court orders.

The department has implemented or plans to implement measures directly available to it through the Administration’s executive powers, including:

  • developing and deploying the Parole Violation Decision Making Instrument statewide;
  • maximizing the use of the currently authorized California Out-of-State Correctional Facility program;
  • considering eligible undocumented inmates for commutation and deportation;
  • discharging from parole illegal aliens who have been deported by the federal government; and
  •  utilizing electronic monitoring systems, such as global positioning systems (GPS), for eligible parole violators as an alternative to incarceration.

 
Other
measures require changes in state law.  In September 2009, the
Administration was able to obtain legislative enactment of the
following:

  • summary parole -  low-level, lower-risk offenders will no longer be
    placed on active parole, which will reduce the number of offenders
    returning to prison for parole violations; and
  • credit earning enhancements – reduces  time served for qualified inmates.   

 
The Legislature declined to enact three of the Administration’s other proposed measures, including:

  • increasing the monetary threshold for grand theft;
  • providing alternative housing options for low-level offenders (alternative custody); and
  • limiting sentencing options to county jail for certain criminal offenses.  

 
The Administration is seeking a change in state law through the legislative process early next year to:

  • increase the monetary threshold for grand theft;
  • provide alternative custody housing options;
  •  seek authorization to continue the California Correctional
    Out-of-State Facility (COCF) program and to expand the number of
    inmates that can be held in custody out-of-state;
  • seek legislative enactment of a law that would enable CDCR to
    accelerate construction of in-state capacity authorized by AB 900; and
  • seek legislative enactment of a law that would expedite leasing,
    building and/or operating new beds through establishment of private
    vendor contracts to house inmates and operate private facilities in the
    state.

Today’s court filing does not derail the Department’s appeal of the case to the U.S. Supreme Court.  CDCR filed its appeal in September and submitted a jurisdictional statement to the U.S. Supreme Court on October 5, 2009.

The November 12, 2009 Population Reduction Plan submitted to the court today will be posted to CDCR’s web site at www.cdcr.ca. gov once it is filed with the court.