FOR IMMEDIATE RELEASE
Press Contact:
Brian Kaneda | CURB | brian@curbprisonspending.org | 323.273.5000
August 28th, 2024
AB 2178: A Pragmatic Approach to Reduce Prison Spending—Regardless of Prop 36’s Outcome
Assemblymember Ting’s Bill Clears California Legislature, Now Heads to the Governor’s Desk
SACRAMENTO, CA – Yesterday, California lawmakers passed Assembly Bill (AB) 2178, 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 press release.
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. However, these concerns overlook the bill’s flexibility. 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. Highlighting its role in addressing the state’s budget crisis while ensuring public safety, she stated:
“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. 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. 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.”
Before the pandemic, when the prison population was higher, CDCR required a 2,500-bed buffer for flexibility. Ting’s legislation aligns with this, gradually reducing empty beds to that target over five years.
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.
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, advocates say.
The Governor has until September 30th to sign AB 2178 into law.