Prop. 36 could lead to more deaths in CA jails

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.

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. 

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 populations of county jails and those under community supervision (which together is roughly 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.

This has advocates, academics and families of people who died in jail worried: Over the last 10 years, the number of people dying in jails has increased, even though California has been locking up fewer people. Jails in Tulare, San Diego and Riverside counties have some of the highest jail death rates in the state. 

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.

• 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.”

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.”

• 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.” 

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.”

Read more about Prop. 36’s potential impact on jail deaths in Nigel’s story.

From CalMatters community college reporter Adam Echelman:

More than 7 million adults in California lack a college degree — and they typically make less money as a result. On Monday, standing in a welding classroom at Shasta College, a community college in Redding, Gov. Gavin Newsom presented an outline of the state’s Master Plan for Career Education. He said the plan will overhaul the state’s convoluted job training programs. 

One focus of the new plan is on translating students’ work experience into college credits. It’s already a priority for California’s 116 community colleges, which have a goal to provide at least 250,000 students with college credits for certain kinds of work experience.

In a press release, Newsom said the state would put more money into this goal and that he would roll out a new kind of transcript to help workers showcase both their academic and professional know-how. The new “Career Passports” would also help increase the number of apprentices — a key goal of his administration — according to the press release.

Research shows these adults often have the right skills, even if they lack the right diploma. In an executive order last August, Newsom asked the California Department of Human Resources to move faster — catching up with efforts that other states have already made.

Starting Jan. 1, a number of new labor laws will go into effect, potentially benefiting millions of workers and their employers statewide. 

One of the most notable of these new laws bans employers from forcing workers to attend anti-union meetings, writes CalMatters Capitol reporter Jeanne Kuang. Though the National Labor Relations Board has allowed these “captive audience” meetings for decades, the board under President Joe Biden has argued they are often used to intimidate employees. 

The federal board also ruled in November that the meetings violate federal law by infringing on workers’ right to unionize. Once President-elect Donald Trump takes office, however, that decision could be overturned, labor experts say. If that happens, California’s law is still applicable.

Other legislation kicking in on Jan. 1 includes enabling farmworkers to accrue paid sick leave to avoid working outside during natural disasters, and allowing workers to use sick leave when serving on a jury.

Learn more about California’s new labor laws in Jeanne’s story.

California’s public school students have improved their standardized test scores. CalMatters K-12 education reporter Carolyn Jones and video strategy director Robert Meeks have a video segment on Carolyn’s story on how schools’ investments, such as tutoring, are paying off, as part of our partnership with PBS SoCal. Watch it here.

SoCalMatters airs at 5:58 p.m. weekdays on PBS SoCal.