Lawsuit Could Leave Governor Schwarzenegger Between a Rock and a Hard Place on Prisons

[courtesy of California Progress Report]

By Bill Cavala
A veteran of over 30 years in Sacramento

A suit filed by a group of “taxpayers” alleges the state’s plan to finance new prison construction with revenue bonds is an unconstitutional violation of the provision that demands a public vote authorizing such borrowing.

Highways, Schools, and other public infrastructure – including prisons – have until now been financed with general obligation bond approved by voters.

But public opinion surveys (and the last two bond measures) indicate the public is tired of spending on prisons. The public is not tired, however, of putting people into prison. An effort to modify the state’s “three strikes and you’re out” law, which provides life in prison for a third felony conviction following two “violent or serious” felony convictions, failed at the polls.

So our prisons gain more population annually.

This phenomenon has captured the attention of the federal judiciary. California’s correctional health program is already under federal control – with a mandate to spend huge sums to bring the system up to snuff. At some point in the near future, overcrowding could lead to the control of our entire correctional system. This would mean not only huge spending increases, but also the ‘early’ release of many convicted felons. “Free”, as the TV ad noted, “to kill again”.

A similar thing happened in Texas during the regime of Democratic Governor Mark White. Convicts, released by the Court to alleviate overcrowding, committed a well publicized heinous crime. Voters blamed the Governor – and a promising career ended.

That lesson has not been lost on the handlers of our Governor. His late opposition to the modification of the “three strikes” law helped persuade public opinion to oppose it. The failure to make that modification means prisoners continue to stack up. Action by the court is threatened – hence the revenue bonds for new construction.