Jerry's Brown-Nosin' with California's Prison Guards

The California prison guards' union -- one of the state's richest and most reviled special-interest groups -- is funding a multi-million-dollar attack on Proposition 5, the Nonviolent Offender Rehabilitation Act. The prison guards' newest ally is Jerry Brown, attorney general and former governor of California.

Prop. 5 is a modest and sensible reform of California's corrections system that promises to reduce the state's bloated prison population and, in the process, cut state spending by billions of dollars. The measure is supported by a wide-range of treatment professionals, good-government types and former high-ranking corrections and law enforcement officials.

The prison guards, however, oppose Prop. 5. They don't like the math. Fewer prisoners will mean fewer jobs and less overtime pay for prison guards. Today we released a new ad that will be running throughout the state that shows how the prison guards are sabotaging California's future for their own self interest.

Prop. 5 would also forestall massive new prison construction. For taxpayers, that means saving $2.5 billion for each new prison that is no longer needed. For the guards, however, fewer prisons will mean less staff to run them -- and possibly fewer new dues-paying members in the future. This is bad news for a union with burgeoning membership that boasts higher annual take-home pay than the governor. To put it bluntly, the prison guards' union is built on the backs of human beings in cages.

A.G. Jerry Brown's role in all this is the most perplexing. He is either taking progressives for granted or figures they'll give him a pass for cozying up to the prison guards and fighting a measure that offers drug treatment and a second chance to young people, nonviolent offenders and prisoners.

Since I am a co-author of Prop. 5, Jerry contacted me a couple of weeks back. Said he wanted to talk about Proposition 5. He called me on my cell phone while I was participating in a panel discussion about California's prison crisis sponsored by U.C. Berkeley. I decided to duck out of the symposium. Months earlier, I had reached out to Jerry to discuss the details of Prop. 5, but those calls went unreturned. I figured that, if Jerry Brown was now ready to talk about Prop. 5, that would be a good use of my time.

"OK," I say, "let's talk." Turns out, Jerry doesn't want to chat about public policy. He wants to vent. He lectures me for five minutes about how, when he's governor, he'll solve the state's decades-old prison crisis in his first month in office. He neglects to mention that the roots of the prison crisis date back to his first stint as governor.

Jerry pounces: "Prop. 5 is anti-democratic," he complains. I tell him that that's an odd attack, particularly when Prop. 5 creates an independent citizen's oversight commission, appointed by the legislature and governor, to bring transparency and change to the state's prison system. And what could be more democratic than a voter initiative?

Jerry switches tack. He argues that Prop. 5 deprives him -- and by "him" it is clear Jerry means the next governor of California -- of too much power over prisons. I ask him whether he's actually read Prop. 5. No response. I note that Prop. 5 in fact allows the governor to appoint two officials to head up the state's prison and parole agency, not just the one allowed under current law. The governor also gets to appoint more than half the members of new oversight panels that, in turn, must run public hearings, take public comment and publish audits and reports on their activities. These panels provide new levels of transparency and accountability for prisons and for treatment programs statewide.

Jerry gets flustered. His angry pit-bull persona dissolves into more of a wet pug. "But the drug court judges oppose you," he stammers. "True," I respond. "But their opposition, like the prosecutors and prison guards, is ideological, not evidence-based." I continue, "All of the state's leading drug treatment and medical professionals -- the folks who know the most about delivering substance abuse and mental health services to this population -- support Prop. 5." Also, recalling Jerry's "anti-democratic" blast earlier, I note that the drug court judges voted to oppose Prop. 5 when their partners in the treatment community were out of the room.

Jerry wants off the phone. "Okay. Listen. This thing is complicated," he says. "I need you to walk me through Prop. 5, line by line, so I can understand what you are doing here."

"Great," I say. "How about we talk later today or tonight, right after this prison symposium is over. I can meet you or go over it by phone." Jerry gives me his mobile number.

Later that evening, I call Jerry. No response.

I call Jerry more than a dozen times over the next week, not only on the cell number he gave me, but also on two other numbers I have for him. I call every morning and every afternoon. I leave messages. Jerry has my home, office and wife's cell phone numbers. He knows what time I pick up and drop off my son at kindergarten. Still no word from Jerry. I'm starting to think the facts don't matter, despite his entreaty to grapple with the details of Prop. 5.

Two weeks later, Jerry accidentally answers his cell phone while getting in his car to go to Sacramento. It's me. "Let's talk," I say. Jerry sounds bummed that he forgot to check caller ID. He says, "Can't talk now. I'll call you tonight at home." I say, "Great. No hour is too late." I give him my numbers again.

Jerry doesn't call.

But Jerry was working the phones, after all. He's done a press conference for No on 5. He's inserted himself into the campaign, courtesy of the prison guards. They are now listed as among the largest contributors to "Jerry Brown 2010." Their biggest gift to date: $825,000 worth of TV time starting this week for No-on-5 ads starring Jerry.

If those ads help Jerry, he'll move one step closer to becoming CEO of one of the largest, most expensive and worst-performing penal colonies in the world. History suggests that in 2010 he will need some help with his prison problems. I don't trust him to make the right call.

Daniel Abrahamson is the Director of Legal Affairs at the Drug Policy Alliance Network and co-author of Prop. 5

Comments

[bpdelia]

nomnead, I assume you "love" the constitution? DO you not consider creating a Lord of THe Flies style prison exile island with no laws or means of support "cruel and unusual". Now you can sit there and perhaps argue that the potential violence and stravation of your plan is not "cruel" but you cannot argue that it is not "unusual" so, sorry buddy, your plan is COMPLETELY unconstitutional. If you would like to amend the US constitution to allow for this sort of punishment I recomend you begin lobbying in a friendlier forum immediately, though I suspect this will be a hard sell.
GOod luck though. In the meantime normal people without severe mental disabilities will try to find REAL, VIABLE, HUMANE, and CONSTITUTIONAL solutions to this very serious problem.

[horus07]

i am so disappointed in you jerry!

if drugs are not a crime, then the gang violence that has become accepted as commonplace is seriously impacted. DUH!
anyone who doubts this-please read about the eighteenth amendment to the constitution of the united states(jerry brown cali AG)
criminalizing non violent human behavior is an indication of an immature, poorly governed society.

[whiteman12049]

In the 2008 California sample ballot, first sentence describing prop 5: "allocates $486M to improve and expand treatment programs". Most fiscally responsible taxpayers, in this economic climate, need no more info than that- I can hear minds slamming shut like steel traps, hell, no- no more cash outlays for programs. It is not mentioned until the next to the last sentence, potential savings to Corrections Dept of $1B annually. So even the Voting Guide obscures the measure. Coincidence?

The California Prison overpopulation problem is systemic. There's a serious conflict of interest; the Parole Agents and the Prison Guards are all in the same Union, and one hand washes the other. That is the root. Their Union is the largest in the whole State. It's big business. The business of ruining lives.

Breaks my heart to hear that Jerry sold out, though. He woulda had my vote, until this.

[StopJudicialTyranny]

Indeed, Jerry Brown has SOLD OUT. Last October, I filed an 18 page criminal
complaint with his office against 4 LA SUPERIOR COURT JUDGES, including
evidence of FELONIES. Jerry Brown FAILED TO INVESTIGATE. I later discovered
that 3 of the 4 judges I reported are former LA COUNTY DEPUTY DISTRICT
ATTORNEYS. As a last resort, I've now filed a FEDERAL LAWSUIT
(BORCHARDT v. REID, et al., CV08-3086-DOC)
which includes numerous allegations of HATE CRIMES by LA SUPERIOR
COURT JUDGES. Pursuant to Cal. Civ Code §§ 52(d) and 52.1, the AG has
a DUTY to represent the PEOPLE OF CALIFORNIA via my lawsuit. Instead of
stepping up to the plate, the AG's office has taken an adversarial position and
has filed a TOTALLY BOGUS (unsigned) MOTION. If you'd like to OUT JERRY
BROWN for his FAILURE to PROTECT the INTERESTS of the PEOPLE of
CALIFORNIA, Please ask the MEDIA to ATTEND THE HEARING on the AG's
MOTION in CV08-3086-DOC on Monday, November 10, 2008, 8:30 a.m. at the
FEDERAL COURTHOUSE in SANTA ANA, CALIFORNIA..411 West Fourth Street,
92701..Courtroom 9D..JUDGE DAVID CARTER presiding [phone]. WE
NEED TO PACK THAT COURTROOM, so please spread the word about the hearing.
If the ELECTION is STOLEN AGAIN, BLAME IT ON JERRY BROWN, as HE is
REFUSING TO EXPOSE this REPUBLICAN DOMINATED SCANDAL INVOLVING
CALIFORNIA'S JUDICIAL BRANCH, before November 4th. Call me for further details
[phone] and LETS HOLD THEM ACCOUNTABLE.

[BobInSantaMonica]

Jerry Brown does THIS???!!!! Maybe you could just post his cell number, so the rest of us could let him know how much we won't be supporting him next year.

[research]

I used to defend you Jerry.

No more.

[CalliDem]

Breaks my heart. Jerry sold out like the rest of them.

[Paul Armentano - Huffpost Blogger]

Who"s Getting Rich Off Prohibition? Just Look Who Opposes Prop. 5

http://blog.norml.org/2008/10/30/whos-getting-rich-off-prohibition-just-look-who-opposes-prop-5/

You can learn a lot about the merits of a proposal by taking a good, hard look at who"s lobbying against it.

California"s powerful prison guards union has spent close to $2 million dollars to lobby against the passage of Prop. 5. After all, overcrowded prisons and more prison construction are a financial windfall for prison guards, even if they spell disaster for everyone else.

Prop. 5 would also reduce minor marijuana possession penalties from a misdemeanor (punishable by a $100 criminal fine with a criminal record) to a non-criminal infractio. Now who would be against that?

If you answered: the folks who make their living by possessing a monopoly on the sale of legal intoxicants, you"d be correct! The California Beer and Beverage Distributors have donated $100,000 to the "No on 5" campaign.

So now that you know who"s against Prop. 5, why not examine who is lobbying for it. That list would include the California Nurses Association, California Society of Addiction Medicine, the California League of Women Voters, and the California Academy of Family Physicians.

In short, those who have dedicated their lives to helping others in need are backing Prop. 5, while those who have dedicated their careers to destroying people"s lives (or who promote a product that does) vehemently oppose it. You do the math.

[JustLeftOfRight]

How can Jerry Brown run for Governor again? Oh no, not our dear Governor Moonbeam again. I wonder if Linda Ronstadt is available for the first lady gig?

Seriously though, even if our constitution permits it, Jerry Brown will NEVER be governor of California again. He's refashioned himself as Mr. Law and Order and couldn't even succeed in that mode in cleaning up Oakland. (Though admittedly that's a difficult task for any Mayor.) The righties won't elect him and the lefties and I suspect the centrists/independents are smart enough to see right through Mr. transparency. Good luck Jerry.

[Clavis]

Wow, Jerry Brown indicts himself as irredeemably corrupt. What a shame.

Hopefully, in an Obama America, crooked politicians like that will be drummed out of office!

[llozano]

It just goes to show that fear can be used by both ends of the political spectrum if it fits their ambilitions. Jerry Brown is just a politician that barely manages to keep himself relevant. However, as a former governor and now as California Attorney General he has the ear of many Californians who rely on our elected officials for direction. In this case all the former governors are wrong. They have all been shown to be recipients of large amounts of money from the Prison Guards union which is the group behind all the ads now on TV.

[RobinSeattle]

The OC: Where conservative judges laugh at rape victims and a prosecutor has an affair with a cop/witness:
http://www.ocweekly.com/2008-10-30/news/moxley-confidential/

[RobinSeattle]

Actually, nomoredead, what we need is a form of internal exile. Buy an island from the Mariannas or something (that chain is a U.S. protectorate) and dump all the career criminals on it (be they violent offenders or not) and then blockade it with the U.S. Navy (which can use the practice in that regard) and let the inmates figure out how they are going to run it. That way, we get rid of most of the prisons in the U.S. AND these miscreants are permanently out of circulation, which helps reduce law enforcement costs, homicides and contributes to the general betterment of local communities.

Under my proposal, first time offenders would not be eligible for the island in order to ensure that the falsely accused have a shot at being redeemed. At some point, we nonetheless have to put our collective foot down, though, and get career criminals out of our society. Yeah, they can't be visited, but tough darts. Protecting society is far more important than the personal comfort of thugs.

[nomoredead]

This could also be a good opportunity for Iraq. We want them to stand up and have a good economy. So that could be an ideal spot for several large prisons. Maybe convert some of the bases the military built. We have trained their police and military already. A perfect fit. Let's help those people get some jobs. Saving American billions a year.

[RobinSeattle]

Nomoredead, you are a bad man. But in a good way.

[arvay]

We also need a way to prevent younger offenders from becoming career criminals. Of course, economic justice would help, but that will take a while.

One thing that would help right away -- decriminalize all drugs. That would bankrupt the drug cartels and stop all drug arrests. Take a fraction of our "enforcement" budget and apply it to rehabilitation.

[WorldsGreatestActor]

Publish this proposal, PLEASE!

TITLTE: "I GOT MY IDEAS FOR PRISON REFORM BY WATCHING EVERY EPISODE OF SURVIVOR!!!"

AUTHOR: RobInDaDungeon

Exile Island?

Naval Blockade?

Collective feet down? (pew)

and my favorite: Tough Darts? (is this a new extreme contest at my local pub!?)

Cheney "08 "Torture You Can Believe In"

[M1]

Jerry Brown is on my radar as a no vote from this point on.

[nomoredead]

If we can move our factories offshore, we should move our prisons offshore. Cheaper to build and maintain by other countries. We pay the other countries per head at a very reduced price compared to our system. Tremendous savings and I think it would make a criminal think twice about robbing a bank if he thought he would do time in a jail in India or Mexico.

[M1]

Yea, but visitation would be difficult and, oh, that 14th Amendment Due Process clause might just get in the way.

[WorldsGreatestActor]

Better yet, let's just take a major failing US metropolis, say Detroit, wall it off and dump any and all criminals inside. No internal guards, no rules, no regulations, no costs save for the construction. We'll save a bundle on those pesky Detroit urban renewal projects while we're at it.

Since it will basically be a country within a country we'll need an ambassador. Someone with a really tough name like "SNAKE"...

whadda ya think nomoredead and RobinSeattle?