Sacramento, CA – This week, California lawmakers passed AB 2178, which supporters believe is a critical step in the state’s strategy to tackle its prison budget crisis effectively.
Authored by Assemblymember Phil Ting (D-19th District) and supported by Californians United for a Responsible Budget (CURB) alongside more than 100 other organizations, AB 2178 “offers a sustainable and fiscally responsible solution to the problem of excess bed capacity across state prisons.”
“The surplus of beds is expensive. We’re maintaining them at taxpayer expense when schools, social safety net programs, transportation and other priorities are vulnerable to budget cuts. This is irresponsible, especially in light of foreseeable budget shortfalls. My legislation promotes fiscal responsibility, saving billions of dollars,” said Ting in a statement.
CURB noted that while a “minority of legislators expressed unfounded concerns that passing AB 2178 was premature given the uncertainty of Proposition 36, a regressive November ballot measure that would reinstate harsher penalties for drug and theft convictions and increase prison spending by over $26 billion over 10 years,” they added that “these concerns overlook the bill’s flexibility.”
Instead they argue that AB 2178 “directly addresses these concerns by providing a framework that allows the California Department of Corrections and Rehabilitation (CDCR) to adjust capacity needs annually. Because of how AB 2178 is structured, the very real threat posed by Prop 36 does not apply to this legislation, ensuring the state won’t be forced back into overcrowded prison conditions.”
CURB Executive Director Amber-Rose Howard, a fierce opponent of Prop 36, supports AB 2178.
“AB 2178 provides a long-term solution for managing excess prison bed capacity, potentially saving hundreds of millions that could be redirected to life-affirming programs across the state,” Howard said. “We trust California voters to reject Prop 36, one of the worst ballot measures in the state’s history. However, if it does pass, AB 2178 ensures CDCR can maintain the capacity they have previously requested while protecting against exceeding the court-ordered 137.5% design limit.”
She added, “Signing this bill allows the Governor to reaffirm his commitment to sensible, forward-thinking public safety using cost-saving strategies. Missing the opportunity to pass this common-sense legislation would be regrettable.”
The nonpartisan Legislative Analyst’s Office (LAO) estimates that California could save up to $1 billion annually by closing five prisons and an additional $2 billion in capital costs over the next decade by reducing excess capacity.
Prior to the pandemic, when the prison population was higher, CDCR required a 2,500-bed buffer for flexibility.
Assemblymember Ting’s legislation addresses this, “gradually reducing empty beds to that target over five years. “
CURB noted, “As the state navigates uncertain political waters, AB 2178 lays the groundwork for more decisive steps toward reducing unnecessary prison spending and ultimately closing facilities that no longer serve California’s best interests.”
The Governor has until September 30 to sign AB 2178 into law.
Closing prisons and reducing beds without reducing incarceration rates is a sure way to introduce more crowding, stress, and violence to our prison system. This is going to be a huge nightmare if this passes alongside Prop 36.