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Prison Ruling Rattles California Budget
By online.wsj.com - VAUHINI VARA And BOBBY WHITE
Published: 05/26/2011

SAN FRANCISCO—The U.S. Supreme Court's decision on California's overcrowded prisons put a fresh spotlight on the state's fiscal problems, ratcheting up the pressure on Sacramento's political factions to reach a budget deal.

The high court Monday upheld a lower court ruling that gave California two years to cut its prison population by 33,630, reducing the inmate population to 109,805 from 143,435.

The issues raised by the ruling were hardly a surprise in California, where Gov. Jerry Brown last month signed into law a plan to move people convicted of crimes deemed "non-serious, nonviolent and nonsexual" to county jails with some of the costs paid by the state.

But that plan hinges on a budget deal. Mr. Brown wants the state legislature to call an election asking voters to extend some tax increases set to expire, but has failed to gain enough support from lawmakers.

Mr. Brown and his allies, along with state prison officials, were arguing Monday and Tuesday that the high court decision validates his "realignment" plan, which would shift inmates but also state programs such as court security and foster care to counties. The prison plan is laid out in California Assembly Bill 109.

"In its ruling, the Supreme Court recognized that the enactment of AB 109 is key to meeting this obligation. We must now secure full and constitutionally guaranteed funding to put into effect all the realignment provisions contained in AB 109." Mr. Brown said in a statement Monday.

Republican leaders. who are wary of extending the tax increases said there are other ways to reduce pressure on prisons—for instance, by building more of them. Senate Republican Leader Bob Dutton said he would look to accelerate the construction of new prison facilities to help satisfy the court order.

"The state has not reacted quickly enough to federal concerns, and that sluggish response goes beyond any one administration," he said.

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