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Report: California inmate release credits not being fully applied

LOS ANGELES (AP) -- Hundreds of inmates aren't getting the early releases they earned through good behavior and working in prison, costing the state millions in housing costs and legal settlements, according to a report published Sunday.

Offenders were set to remain in prison longer than they deserved in more than half of the 679 inmate cases sampled last year by state investigators, according to records obtained by the Los Angeles Times.

Fifty-nine of those prisoners had already overstayed and were released after serving a total of 20 years too many, an average of four months each.

"They just did what they wanted to do at the Department of Corrections," said Nicholas Shearin, 38, of Hawthorne, who received less than a third of the good-behavior credit he was due and was released from prison eight months later than he should have been.

The state paid $468,280 in legal settlements between 2000 and 2004 and to prisoners who weren't released on time, according to a 2006 report published by California State University, Sacramento.

State researchers also projected that for the 354 inmate cases reviewed last year, it would have saved $2.3 million in housing costs if all had been released on time.

Failing to correct the errors could cost the state more than $110 million more over the next 15 years, researchers said.

Analysts who compute sentences for state prisoners said insufficient staffing and outdated computers are to blame for the late releases.

Karen DeVoll, an analyst at Sierra Conservation Center, said she has decades-old computer systems that cannot calculate current sentencing formulas.

She and her colleagues do most of their work with pen, paper, calculators and file folders jammed with inmates' papers, she said.

Scott Kernan, the corrections department's chief deputy secretary for adult operations, said the prisons plan to add 85 new analysts so that all questionable release dates can be corrected by September.

But analysts will also have to review tens of thousands of additional prisoner records if legislators approve Gov. Arnold Schwarzenegger's plan to release some prisoners early to help close a $14.5-billion budget gap, and that could mean new delays.

State Senate Majority Leader Gloria Romero, who chairs the Senate's public safety committee, said the Department of Corrections was violating inmates' right to a timely release.

She criticized the prison agency's "arrogance in the face of the law to simply say that these people's lives don't matter, but they can just lock them away and essentially throw away the key."

But Kernan defended the department.

"Our staff struggle every day and do a wonderful job in calculating these cases and prioritizing the workload and getting these guys out," he said. "We're doing as much as we possibly can with the existing resources we have."

(Feb. 18, 2008)

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The following are comments from the readers. In no way do they represent the views of the Hanford Sentinel

Mrs.D wrote on Feb 18, 2008 10:28 AM:

" I'm going to start a fund to buy Kleenex for all these inmates who are complaining that they aren't being released when promised. "

Prison Cop wrote on Feb 18, 2008 10:45 AM:

" It's ok to shed a tear every now and then...but now is not the time. "

Mad in Nevada wrote on Feb 18, 2008 1:40 PM:

" What the heck is all this good behavior credit crap about? If they had been behaving to start with they wouldn't have ended up in there. They should have to serve their whole time no matter what. "

Typical Prison Fiasco wrote on Feb 18, 2008 7:05 PM:

" All we hear from the prisons is mismangement- overtime abuse, sick time abuse, worker compensation abuse, code of silence by the prison guards, tampered reports, multi-million dollar verdicts paid for by tax payers, and now they can't do the math - time to listen to the republicans and let private business do the job, a lot more efficient and cheaper. "

Jarred wrote on Feb 19, 2008 9:37 AM:

" Privately owned prisons are in the business of crime, Prison Fiasco. They _want_ people to go to jail because they get paid per inmate, hence more criminals = more money. Do you really think they would put any money into rehabilitation? Of course not, they want them to finish their sentence and go out and commit more crimes. Any sort of rehabilitation that lessens the chance that they will come back in cuffs again means a loss. And if you really think we'll be paying less, think again.

John D. Ferguson, the CEO of Correction Corp of America, makes almost $2.5 million a year. For someone who probably has never stepped into a prison, he gets paid quite a bit. Why should I put my taxes towards padding his already thick wallet? "

To Prison Fiasco & Jarred wrote on Feb 19, 2008 6:36 PM:

" The prison budget always goes over because of all the correctional officer's over time, which amounts to millions of dollars. I guess that is why California has $150,000 a year correctional officers. Is it true other states have privately owned prisons that cost 1/2 the what California is pating? "

To Jarred wrote on Feb 22, 2008 2:12 AM:

" Prison rehabilitation programs do not work. Court appointed rehab does not work either. It is entirely up to the person to want to change himself/herself. With all the addicts sentanced under proposition 36, we shouldn't have any addicts in this County anymore. But we do because the Government and its progams can't and won't change people. So lets quit trying to pretend that prison rehabilitates people, that mandatory drug counseling makes someone automatically stop using drugs, and that we can change people that don't want to change. Prison is punishment - bottom line.

That is not to say that none ever change but if they want help they will seek it. Then they will have made a step in the right direction towards changing their life. "

Blue Falcon wrote on Feb 22, 2008 6:08 AM:

" California politics at its finest! Prison guards overpaid; inmates let out early, and complain about it.

Too bad California don't have prison's like that county jail in Arizona... where the inmates wear pink, and eat baloney sandwiches; and have to pay for their own food... and to top it off they live in Tents.

California takes better care of their prisoner's then they do the homeless and misfortunate! Maybe if they would take better care of the misfortunate, they would not end up in Prison. California is the 5th largest Economy in the world??? But there over budgeted, always in the red and have more internal department issues than any other state. Part of the problem is these CO's that make $150,000 a year... Another problem is all these super high-speed prison's going up everywhere... how many prisons are there now? I lost count! Close down San Quenton, sell that BILLION DOLLAR property and all the maintenance issue's with it (Scott Peterson, Marcus Wesson)... and build freaking TENTS in the Mojave! Who cares if it's hot... Soldier's are dealing with it every day in Iraq, and live in tents! "

Ashley wrote on Feb 22, 2008 5:56 PM:

" There is a saying in recovery ... "you can lead a horse to water but you can't make him drink: but if you leave him tied up long enough he will get thirsty" There are many people who have been sentenced to Prop 36 who had no desire at all to quit using drugs when they were first sentenced but somewhere along the line while enrolled in that program they decide to quit and give recovery a chance. I know just as many who didn't quit but do you throw the bathwater out with the baby? No, programs work even for those who are mandated. Prison is supposed to be a negative consequence for a negative behavior and teach the person a lesson "do the crime, do the time" but we've lost sight of that somewhere and now we want to "rehabilitate" the criminal so they won't do it again. Make prison so unpleasant that they don't want to be there that might "rehabilitate" them. Chain gangs, hard labor, no t.v., no internet, no "conjugal" visits ... NOT A PLACE THEY WANT TO BE! "

Angry wrote on Feb 22, 2008 11:33 PM:

" I think we should make all the prisoners live in tents fenced in with razor ribbon, put them in pink underwear, pink pants, pink tops, pink hats and make them eat bologna sandwiches everyday they are locked up three times a day with no coffee to wash it down. Or do a reverse Cuba move, put 'em all on boats and send them to Havana with no return addresses. Make privilage something they earn instead of something they are entitled to, perhaps. Good behavior should not be credited it should be demanded. Repeat offenders are clearly not capable of rehabilitation so they could be career inmates with a permanent address and permanent work assignment like our history dictates making little one's out of big one's in a rock pile. Bring back the chain gangs and let them clear out and keep our highways beautiful or fight fires or send them to Iraq as first line defenders. They already know how to make their own weapons so you won't have to supply them. You can keep them on bolgona cause they are use to it and save money on private contractors feeding them. "

mE wrote on Feb 24, 2008 10:12 AM:

" Sheriff Joe Arpajo of Maricopa County in Arizona has it right - inmates (male and female) live in tents, wear pink jumpsuits, eat bologna and work in public service during their incarceration. It has been demonstrated that their living conditions are better than that of many in the military. Arpajo does not run his county jail this way because he is uncaring, but because he understands his role in law enforcement to provide for public safety through the most efficent use of public funds.

California liberals as the vocal minority have pushed their agenda of protecting the poor, misunderstood inmates, at the cost to public safety and dismiss his proven system.

There are no $150,000 annual salaries for Correctional Officers as the norm. Their salary schedules are public information and should be referred to before people make uninformed statements. The very few officers who earn more than $100,000 annually have many years in and are at the top of the pay scale. Much of their overtime is forced due to the many vacant positions.

So a few inmates didn't get released on time, Ask me if I care!!! "

Prison Cop wrote on Feb 24, 2008 1:05 PM:

" I hear everyone talking about how terrible inmates are and how they should never be on the streets again, yet in the same breath those mean old prison guards are making to much money. Everyone wants private prisons, but the public does not know how many escape from private prisons every year. It's one or the other, because I would rather have another job than be around the scum of society for any lower wage. "

CO Military Veteran wrote on Feb 24, 2008 6:07 PM:

" A few California Peace Officers throughout the state might make $150,000 according to the media, but in actuality only a handful do. This perception that all correctional officers make $150,000 is absurd, even with overtime. For a new correctional officer it takes 6.6 years to cap out at $80,916 per year, minus health care. For a starting officer they get $4,142.00 per month ($49,704.00), minus $300 to $400 per month for health care / dental premiums. Every officer DOES NOT receive unlimited overtime as the state has limitations. $49,704.00 yr. for a new officer or $80,916.00 yr. for a veteran officer, not a whole lot for someone who has their life on the line daily. With the current correctional officer shortage it sure doesn't look like a whole lot of people are willing to put their lives on the line either, and the ones that do only a small percentage make it through a very strenuous process of health / physical, and mental evaluations. Please don't forget that many of the correctional officers are military veterans who are well educated and served their country and continue to serve their local communities. "

Mrs.D wrote on Feb 25, 2008 12:07 PM:

" My husband works for CDCR and I'll be the first to tell all you that not all CO's get paid $150K a year! Some prisons up and down the state are either over staffed or gravely understaffed. At the understaffed prisons, that is when all the over time comes in. And with Plata Medical, there has to be 2 CO's with every "sick" inmate. Those 2 CO's per inmate cost money! And at overstaffed prisons, the CO's are taking over at the understaffed prisons temporarily. That cost money, too. CDCR isn't doing this to make the tax payers angry. They are doing it because they HAVE A JOB TO DO! "

Mag wrote on Feb 25, 2008 12:37 PM:

" To those of you who have truthfully reported what COs actually earn, thank you. I have always wondered if the $150-200k was true or not, or how it really works. "

Tell the truth CCPOA wrote on Feb 25, 2008 7:11 PM:

" LA Times - over 6,000 guards got over $100,000 a year, and the average guard got $90,000 a year. Sacramento Bee, over 120,000 people a year apply for the job. Plenty of people want the job, especially a job that allows a guard to call in sick and get overtime for it. Prison Guard union does not care about the tax payer, and CCPOA always distorts the truth. Time to bring in the privates who can do the job at 1/2 the price, and eliminate the multi-million dollar judgments aginst the prison guards, stop the worker compensation abuse by the gurads, and the sick time abuse - highest in the state, 10 times higher than CHP. "

Mrs.D wrote on Feb 26, 2008 4:37 PM:

" Mag, I appreciate your comment. What people don't realize is what an average CO goes through on a daily basis. Prison Cop may agree on this but, what a CO makes a month, doesn't make up for all the BS that goes on inside that prison. Not only do they go up against inmates, they also go up against Administration(Wardens, Assoc. Wardens, Business Services, Captains,etc). If an inmate gets riled up because his/her illegal property has been removed from their cell by a CO, that inmate family member will call and call a Warden until that Warden puts the screws onto a guard. Then, in retaliation, that inmate will either gas a guard(gas by urine or fecal matter)or outright try to kill a guard. And really, there is no one who will try to protect the rights of a guard, but will bend over backwards to accomadate an inmate! All that pay will usually take care of a CO family if he/she is fired from their job. "




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