Public frustrations about organized retail theft and drug crimes galvanized California voters to overwhelmingly pass Proposition 36 in November. But the measure may invite another consequence, writes CalMatters criminal justice reporter Nigel Duara: More deaths in California jails.
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Championed by law enforcement groups, Republican legislators and some Democrats, Prop. 36 increases penalties for certain crimes and allows district attorneys to charge some misdemeanors as felonies.
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It will also likely increase populations in county jails, state prisons and private detention centers, though experts are split on how much. An analysis by the nonpartisan Legislative Analyst’s Office estimates that Prop. 36 would increase the county jail population of 250,000 by “a few thousand.” But an analysis by Californians for Safety and Justice, which opposed Prop. 36, estimates it would add more than 130,000 people in jail each year.
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A rise in overdoses is partly the reason why deaths are increasing, as well as suicide and other “natural causes.” Jails are responsible for inmates’ health care, but with more people behind bars — including those with complex mental health needs — the facilities could become more strained, says Yusef Miller, who leads a group of San Diego families whose relatives died in jails.
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- Miller: “We've been claiming that Prop. 36 is going to increase the jail population, of course, but they’re increasing it into an already failed and broken system where people’s lives are lost from neglect. If you put more pressure and more activity on this, it's going to fail even more.”
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But Don Barnes, Orange County’s sheriff and president of the California State Sheriffs’ Association, argues that the increase of in-custody deaths isn’t necessarily tied with issues directly “related to the jail.”
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- Barnes: “Saying people died in jails is a little bit of a misnomer. People who are dying in our care, and I can't say this any other way, they're not dying because they're in jail. They are dying from things that are life choices, narcotics issues, poor health, cancer, other things.”
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In recent years, the Board of State and Community Corrections began conducting more unannounced jail inspections after receiving pressure from the public and state officials to improve quality of care. The new director overseeing in-custody death reviews is also embarking on a listening tour in at least two cities. But when asked about Prop. 36, a spokesperson for the corrections board told CalMatters it has not carried out a “formal analysis for impact.”
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