The California Department of Corrections and Rehabilitation had a $15.8B budget for the 2019-2020 fiscal year, which was 7.4% of the state budget ,[2] and $13.6 billion ($13.3 billion General Fund and $347 million other funds) for CDCR in 2021-22.[3] The state's prison medical care system has been in receivership since 2006, when a federal court ruled in Plata v. Brown that the state failed to provide a constitutional level of medical care to its prisoners. Since 2009, the state has been under court order to reduce prison overcrowding to no higher than 137.5% of total design capacity.
California's first state prison was the Waban, a 268-ton wooden ship anchored in San Francisco Bay. Men incarcerated on the Waban constructed California's oldest active state prison, San Quentin State Prison, which opened in 1852. California's newest state prison, California Health Care Facility, opened in 2013 as part of the state's response to the federal court ruling in Plata v. Brown that the state failed to provide a constitutional level of medical care to its prisoners.
CDCR additionally makes the following designations:
Reception centers: designed to house incarcerate people incoming to the state prison system while they complete an evaluation and receive a custody score. After that, they may be transferred to another prison for longer-term confinement.[5]
Reentry hubs: while all facilities have some level of education, treatment, and pre-release programs,[6] reentry hubs provide specific reentry support to incarcerated people within 4 years of release, including cognitive behavioral therapy, job search skills, and financial literacy.[7]
Over the past 4 decades, the California prison system has been substantially shaped by a set of legislative initiatives that caused a large increase in the prison population, which resulted in severe prison overcrowding and unconstitutional living conditions. Those conditions led to a set of court cases that mandated a reduction in overcrowding and changes to prison services, which resulted in a number of legislative initiatives to reduce overcrowding and improve conditions.
The introduction of determinate sentencing and subsequent increases in prison sentence lengths was the largest driver in a nearly 900% increase in California's prison population over the next 3 decades.[9]
Part of a wave of "tough on crime" laws passed across the country, Three Strikes required a doubled sentence for any felony if the person convicted had a prior "serious or violent" felony conviction. It also required a mandatory 25-year-to-life sentence for any felony if the person convicted had two prior "serious or violent" felony convictions. Three Strikes was one of the largest drivers of California's increasing prison population over the next 2 decades.
1995
Federal class action civil rights lawsuit Plata v. Brown
The court ruled that CDCR failed to provide a constitutional level of medical care to its prisoners and ordered the state's prison medical care system be put into receivership. The receivership started in 2006 and is still active.
Convened after California's state prison population peaked in 2006, this panel ordered the state to reduce its prison population to 137.5% of prison design capacity. The court order is still active.
In response to the court mandate to reduce the state prison population, the state altered sentencing and supervision guidelines to shift responsibility for some prisoners to counties. Under Realignment, people with convictions for "non-serious, non-violent, non-sex" crimes serve their sentences in county jails and are under county community supervision upon release.
2014
Proposition 47, Reduced Penalties for Some Crimes Initiative
One of many responses to prison overcrowding, this approved ballot proposition change some felonies to misdemeanors, including some drug possession, petty theft, and forgery offenses. The proposition also permitted re-sentencing for people serving a prison sentence for one of the reduced offenses.
2016
Proposition 57, Parole for Non-Violent Criminals and Juvenile Court Trial Requirements
One of many responses to prison overcrowding, this approved ballot proposition allowed the parole board to release people convicted of "non-violent" crimes once they served the full sentence for their primary offense. It also required CDCR to develop uniform parole credits for good behavior and rehabilitative achievements, to incentivize rehabilitation.
2016
Proposition 64, Control, Regulate and Tax Adult Use of Marijuana Act
This approved ballot proposition legalized recreational use of marijuana. Following legalization, several district attorneys announced that they would apply Prop 64 retroactively, resentencing or dismissing thousands of marijuana convictions.
Prison population and overcrowding
Graph showing the California prison population over time (1925 - 2019)
California's prison population grew dramatically after the passage of the Uniform Determinate Sentencing Act of 1976. The introduction of determinate sentencing and subsequent increases in prison sentence lengths was the largest driver in a nearly 900% increase in California's prison population over the next 3 decades.[9] In 1994, as part of a wave of "tough on crime" laws passed across the country, California passed a Three Strikes Law that required a doubled sentence for any felony if the person convicted had a prior "serious or violent" felony conviction. It also required a mandatory 25-year-to-life sentence for any felony if the person convicted had two prior "serious or violent" felony convictions. Three Strikes was one of the largest drivers of California's increasing prison population over the next 2 decades. The highest recorded CDCR daily prison population was on October 20, 2006, with 173,643 people under custody.[10]
The California incarceration rate has ranged from about 0.1% of the population to about 0.5%.
In response to this population growth, between 1984 and 2005 California built 21 of the 35 prisons that CDCR currently operates in the state (see List of California state prisons for full details). Despite this construction, most of the prisons continued to be overcrowded. In 1995, the court ruled in federal class action civil rights lawsuit Plata v. Brown that CDCR failed to provide a constitutional level of medical care to its prisoners and ordered the state's prison medical care system be put into receivership. The receivership started in 2006 and is still active. After the state's prison population peaked in 2006, a three-judge panel was convened in Plata and Coleman. This panel ordered the state to reduce its prison population to 137.5% of prison design capacity. The court order is still active.
Since that court order, the state has taken several steps to reduce prison overcrowding. In 2011, California passed Public Safety Realignment, which altered sentencing and supervision guidelines to shift responsibility for some prisoners to counties. Under Realignment, people with convictions for "non-serious, non-violent, non-sex" crimes serve their sentences in county jails and are under county community supervision upon release. CDCR also contracted with private companies to incarcerate thousands of people in private facilities in other states.[11]
Other legislative changes to reduce prison overcrowding include 2014 California Proposition 47, which changed some felonies to misdemeanors, and 2016 California Proposition 57, which allowed the parole board to release people convicted of "non-violent" crimes once they served the full sentence for their primary offense. Prop 57 also required CDCR to develop uniform parole credits for good behavior and rehabilitative achievements, to incentivize rehabilitation. While prison populations have been declining since their peak in 2006, as of April 2020, 32 of California's 35 state-run prisons have incarcerated populations above their design capacities, and 10 prisons have incarcerated populations greater than the 137.5% limit from the Plata and Coleman court order. Valley State Prison has the highest overcrowding rate, with an incarcerated population at 150.1% of design capacity.
State corrections and rehabilitation costs
Corrections and Rehabilitation as a percentage of the 2019-2020 enacted California state budget
Since the 2007–2008 fiscal year (the oldest year with enacted budget records maintained online by the state), Corrections and Rehabilitation has been between 6.3% and 7.8% of the California state budget. In the 2019-2020 fiscal year, Corrections and Rehabilitation had a state budget of $15,788,581,000, or 7.4% of the total state budget, and was the 4th largest agency area budget.[12] The majority of that budget goes towards personnel costs, with an estimated 57,653 positions funded for the 2019-2020 fiscal year. CDCR funding is organized into the following programs:[13]
Adult Corrections and Rehabilitation Operations
Adult Health Care Services
Adult Rehabilitative Programs
Board of Parole Hearings
Corrections and Rehabilitation Administration
Department of Justice Legal Services
Juvenile Services
Parole Operations
Peace Office Selection and Employee Development
The costs to run prisons are substantially subsidized by the use of incarcerated labor. Incarcerated workers do meal preparation, laundry, janitorial services, building maintenance, and other activities necessary for the day-to-day operations of a prison. Incarcerated workers are paid between $.08 and $.37 per hour for their labor.[14]
Demographics and statistics
Gender
CDCR divides the in-custody population into men and women. Men make up 95.5% of the in-custody population.[15]
Prisons facilities are designed for and run based on a specific gender. In 2019, the California state legislature passed SB 132, "The Transgender Respect, Agency, and Dignity Act", which will require that CDCR "house the person in a correctional facility designated for men or women based on the individual’s preference" starting in 2021.[16]
As of the most recent CDCR "Offender Data Points" report,[18] the California state prison population breaks down by ethnicity as follows:
Ethnicity
Population
Percentage
Black
36,183
28.3%
Hispanic
56,275
44.1%
White
26,819
21.0%
Others
8,432
6.6%
Sentences
As of the most recent CDCR "Offender Data Points" report,[19] the California state prison population breaks down by sentence type as follows:
Sentence Type
Population
Percentage
Determinate Sentencing Law
53,304
41.7%
Second Striker
33,415
26.2%
Third Striker
6,901
5.4%
Lifer
27,328
21.4%
Life without Parole
5,117
4.0%
Condemned
722
0.6%
Others
922
0.7%
Per the report, "Others" includes "those with commitment information not yet entered, those sentenced to prison for diagnostic evaluation, and boarders from other jurisdictions".
While California has a moratorium on the death penalty, it has the largest condemned population of any state in the United States.[20]
Death in prison
While the last execution in California was in 2006, incarcerated people die in California prisons regularly. The most common cause of death in prison is "natural causes" (old age, chronic illness, or disease), followed by homicide at the hands of a law enforcement officer and then suicide.
There were 9,909 deaths in CDCR custody from 2005 - 2018:[21]
Manner of death
Count
Natural
5697
Homicide Justified (Law Enforcement Staff)
1423
Suicide
984
Accidental
790
Pending Investigation
569
Homicide Willful (Other Inmate)
276
Cannot be Determined
129
Other
33
Homicide Willful (Law Enforcement Staff)
4
Homicide Justified (Other Inmate)
3
Execution
1
Most suicides are via hanging. Most accidental deaths are from drug overdoses.
Prison conditions
The state's prison medical care system has been in receivership since 2006, when a federal court ruled in Plata v. Brown that the state failed to provide a constitutional level of medical care to its prisoners. Since 2009, the state has been under court order to reduce prison overcrowding to no higher than 137.5% of total design capacity. "The state spends millions of dollars each year in class-action litigation costs alone", often related to overcrowding or inadequate health care. In 2012, in response to multiple long-standing class-action lawsuits, as well as budget concerns and continuing overcrowding after Public Safety Realignment, CDCR published "The Future of California Corrections: A Blueprint to Save Billions of Dollars, End Federal Court Oversight, and Improve the Prison System", which articulated a strategy to improve rehabilitative programming, health care, housing, and parole operations.[22]
In 2013, people in long-term solitary confinement in the Security Housing Unit at Pelican Bay State Prison initiated a hunger strike in protest of the state's solitary confinement practices. A subsequent lawsuit, Ashker v. Governor of California, alleged that long-term solitary confinement violated the Eighth Amendment's prohibition on cruel and unusual punishment, as well as due process under the Fourteenth Amendment. This court case ended the use of indeterminate solitary confinement in California.[23]
^"Offender Data Points"(PDF). California Department of Corrections and Rehabilitation. December 2018. p. 4. Archived(PDF) from the original on May 24, 2020. Retrieved May 23, 2020.
^"SB-132 Corrections". California Legislative Information. September 9, 2019. Archived from the original on May 24, 2020. Retrieved May 23, 2020.
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