Andrea Hoch serves as Chief Legal Counsel to Governor Arnold Schwarzenegger. She has sent us an update on the Governor’s filing a motion yesterday to join efforts to keep an artificial cap being placed on the population of California prisons, leading to the early release of dangerous felons…
"Yesterday Governor Schwarzenegger filed a motion in federal court supporting Republican Assemblymembers, district attorneys, county sheriffs and chief probation officers who want to submit evidence to the three-judge panel that could cap California’s prison population. The Governor is fully behind them. A cap-which would result in either early release or prohibit prisons from accepting new offenders-poses a very real public safety threat. We also believe it will place an enormous burden on our local jails and law enforcement. Representatives, DAs, sheriffs and probation officers can speak with authority about this burden. Obviously, a cap won’t reduce the number of offenders committing crimes in California-it will simply limit the state’s ability to incarcerate them. The responsibility for dealing with these criminals will de facto shift to the counties, creating a ripple effect across our already overtaxed criminal justice system. Many local courts in California, particularly in the fastest-growing regions, are overwhelmed by caseloads. And at least twenty of California’s fifty-eight county jails are under court-imposed population caps. Another 12 counties have self-imposed population caps. A statewide cap will compound this burden dramatically. The Governor has been clear: He will fight every step of the way to ensure that dangerous criminals stay behind bars. We are moving forward aggressively on out-of-state-transfers, a short-term solution that will take the pressure off our overtaxed prisons. AB 900 will construct critical new prison facilities and focus resources on rehabilitation. We are confident that when paired parole with reform, this legislation is the right way to ensure California can house every dangerous offender.