Still behind bars

Still behind bars
December 26, 2006

Gov. Schwarzenegger' s plan for prison reform includes most of the elements conventional wisdom would suggest to deal with California's prison overcrowding and recidivism crises. It could have been better if it had moved beyond conventional wisdom to consider the fundamental purposes of a system of criminal justice.

California now houses about 174,000 prisoners in facilities designed for about 100,000 inmates, so many inmates sleep in facilities designed as gymnasiums or cafeterias. This overcrowding means rehabilitative programs are crowded out. Combined with sentencing laws patched together over the years, the troubling outcomes are that some who should be in prison for longer periods are released early, while some perpetrators of minor or victimless crimes serve overly long sentences.

The governor proposes to build facilities housing 78,000 new beds – including 45,000 in local jails, where criminals with sentences three years and below can serve their time – and spend $1 billion to improve health care facilities. The proposal provides funds to implement Jessica's Law, passed in November, which would monitor sex offenders with GPS systems and restrictions on where they may live after serving their sentences.

The proposal includes a Sentencing Commission, a 17-member panel to rethink California's jumble of sentences for various crimes. Its first assignment would be to reform the parole system. California is one of only two states where every offender is required to serve parole, which means parole officers must monitor a large population rather than focusing on those who might pose a larger threat to public safety.

All this is to be financed by almost $11 billion in bonds – a big price tag – plus a token amount from the General Fund and $1.1 billion in local matching funds.

Sentencing reform is a good start, but the governor made a mistake in declaring California's Three Strikes law off the table. Along with considering reform of drug laws, which make addicts who might benefit from medical attention the responsibility of the police and which have other deleterious side effects, reconsideration of what crimes merit lengthy incarceration would be part of a genuinely comprehensive reform program.

A hard road

After years of dormancy, moves toward a peace settlement between Israel and Palestine are appearing on several fronts. The Iraq Study Group report contends that an Israeli-Palestinian settlement is essential to a reasonable outcome in Iraq, and Secretary of State Condoleezza Rice has traveled to the region and vowed to step up support for Palestinian Authority President Mahmoud Abbas.

Israeli Prime Minister Ehud Olmert and President Abbas last month agreed to a cease-fire in the Gaza strip.

And Mr. Olmert has offered significant concessions, including the release of numerous Palestinian prisoners, in exchange for the release of an Israeli soldier whose abduction this summer touched off the latest military conflict, between Israel and Lebanon. And Mr. Olmert and Mr. Abbas have announced that they plan to meet before the end of the year, their first meeting since Mr. Olmert became prime minister in January.

Secretary of State Rice has said it is less important than one might think for Palestine to have a unity government, noting the United States is planning to give the Abbas government tens of millions of dollars.

Israel is also on the verge of releasing to President Abbas some $600 million in Palestinian taxes it has withheld since the Hamas victory.

All this looks relatively hopeful. The United States, however, should resist the temptation to jump into negotiations or actively to offer carrots or sticks to various parties.

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