State Senator Dave Cogdill has this observation to make about the recent decision by two federal court judges to set an arbitrary population cap for state prison inmates, with the necessary release of inmates that goes along with that…
In the Legislature, when considering public safety matters, we used to debate whether or not to increase or reduce sentences, whether or not to increase or decrease penalties. It’s a constant back and forth between those of us who want to be tough on crime and criminals and those who would like to see mandates on criminals eased up. I proudly belong to the former group. There is no logic behind fighting crime by relaxing laws. However, it is part of the liberal toolbox – right up there with lowering classroom standards in order to make sure everybody passes.
The most recent twist to the unfolding prison crisis is the proposal by two federal judges (Lawrence Karlton and Thelton Henderson) to create a 3-judge panel tasked with setting a population cap for California’s prison system. This panel has the power to require the early release of thousands of prisoners, thousands of convicted criminals, thousands of people who broke the law and ought to receive their just deserts. It is no secret which way this 3-judge panel would lean. Judge Karlton is the federal judge who declared that the use of the word “God” in the Pledge of Allegiance is unconstitutional. Judge Henderson is most notorious for ruling against the anti-affirmative action measure, Proposition 209. These liberals will be taking it upon themselves to decide how many people can be in California’s prison system – not how many people in California can commit crimes, but how many people can suffer the consequences of their crimes. A likely outcome of this 3-judge panel could be the release of more than 35,000 prisoners.
Once again, we are seeing the liberals taking advantage of a situation. These judges are seeking to assert their judicial powers in an effort to trump the Legislature. Earlier this year, the Legislature approved a multi-billion dollar bond to create 53,000 new prison beds. Governor Schwarzenegger signed this into law and work is already being done to implement the new law. Additionally, the Governor has the authority to transfer inmates to other states in order to relieve the pressures on California’s prison system. And yet, these judges feel the need to preempt these efforts by releasing criminals? Surely, we are not so limited in creativity that we cannot come up with an interim way of housing our criminals.
For example, I carried a measure, SB 864, the “Keep Them in Jail Alternative Incarceration Act” which would have provided county Sheriffs the flexibility to provide temporary housing to address California’s prison overcrowding immediately until the permanent housing is completed. That bill was defeated by the Democrat-controlled Assembly Public Safety Committee.
I am genuinely concerned about a future as prescribed by these judges. What’s it going to take – a criminal who was released early committing atrocious crimes such as murder, rape, burglary, etc. for us to realize that just letting people go is not a way to prevent crime. We need to send the correct message – “you do the crime, you do the time” – not “you do the crime and if you’re lucky enough to time it to when there are no available beds, don’t worry, we’ll catch ya next time.”