THE CURRENT POLITICAL CONTEXT

California has been on a gradual trend toward decarceration since 2010. The state has substantially reduced its prison population over the last decade, including through court orders, legislation, executive action, and ballot initiatives

In the 2011 Brown v. Plata case, the U.S. Supreme Court ruled California prisons were seriously overcrowded, which prevented incarcerated people in California from having access to “lifesaving medical and psychiatric care”. The court ordered a reduction in the prison population to a maximum of 137.5% of design capacity, resulting in a significant reduction in the prison population.

The Plata case is ongoing and a federal receiver was appointed to oversee the medical care and mental health care of incarcerated people.

Assembly Bill 109 (2011) “shifted to counties the responsibility for monitoring, tracking, and incarcerating lower-level offenders previously bound for state prison.” After the passage of AB 109, there were concerns among the general public about increased crime and jail overcrowding. The concerns, however, did not bear out, according to the Public Policy Institute of California (PPIC) As noted by PPIC, “the county jail population did not rise nearly as much as the prison population fell, reducing the total number of people incarcerated in California.”

Governor Newsom is committed to closing adult prisons. When taking office, he announced he would close at least one prison; a move not made by a California governor since 2003. In September 2021, Deuel Vocational Institution (DVI) closed its doors He has now identified three other prisons for closure, including the following:

In June 2023, California Correctional Center will close.

In March 2024, CDCR will end its contract with California City Correctional Center, a private facility operated by CDCR.

In March 2025, Chuckawalla Valley State Prison is slated to close

Governor Newson is not only interested in closing adult prisons but also youth prisons. In 2020, he announced the closure of the Division of Juvenile Justice (DJJ), the state’s youth carceral system. Senate Bill 823 (2020) transferred youth confinement from the state to local jurisdictions, similar to AB 109. All remaining DJJ facilities will close on June 30, 2023.

Two notable ballot initiatives have contributed to decarceration efforts in the state, which signal support for decarceration from the public.

Proposition 47 (2014) recategorized certain felonies as misdemeanors and allowed for resentencing, among other provisions. This proposition was approved by 59.6% of voters.

Proposition 57 (2016) allowed “parole consideration process for determinately-sentenced and indeterminately-sentenced people convicted of nonviolent crimes,” among other provisions. This proposition was approved by 64.5% of voters.