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The missing piece in Newsom's prison reform efforts

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POLITICO California Playbook PM

By Lindsey Holden

Presented by Google

Gavin Newsom speaks during a news conference.

Gov. Gavin Newsom speaks at a news conference in Sacramento. | Rich Pedroncelli/AP

ANOTHER SWING AT SOLITARY: Gov. Gavin Newsom wants to make California prisons less punitive — but he still hasn’t cracked the code on solitary confinement.

As Playbook reported on Tuesday, Newsom has been touting a more humane model of incarceration that would emphasize programming and education. But he’s been resistant to reconsidering the practice of confining inmates to small cells for most of the day and isolating them from the general prison population.

The state Department of Corrections and Rehabilitation prefers to use the phrase “restricted housing” and balks at the use of the term “solitary confinement” without explanation. And powerful state law enforcement groups, including the California Correctional Peace Officers Association have opposed previous reform efforts.

Those against the changes lawmakers have proposed say solitary confinement is a necessary tool needed to keep order and protect inmate and staff safety in detention facilities. Altering the status quo would require rethinking how the state manages inmate conduct.

For advocates, inmate isolation represents everything that’s wrong with California’s correctional system, which they say dehumanizes people and fails to rehabilitate them.

Now, they may have an opening. A bill from Assemblymember Rebecca Bauer-Kahan would prohibit prisons or detention facilities from placing prisoners in solitary confinement during pregnancy and for a 12-week postpartum period. It’s a far narrower change than the existing proposal from Assemblymember Chris Holden to restrict the practice, and the one Newsom vetoed in 2022.

Bauer-Kahan said she’s negotiating with state corrections officials ahead of key appropriations committee hearings next week, which makes her optimistic about its chances.

The assemblymember said representing isolated inmates as a criminal defense attorney has influenced her thinking on solitary confinement, as she has seen “the impact that had on mental health and physical health, and everything goes along with it.”

“To be pregnant, to remain healthy, I really, truly believe that restrictive housing shouldn’t be a part of the equation,” Bauer-Kahan said.

Her proposal, which is largely focused on pregnant prisoners’ well-being, requires them to be given a minimum amount of bottled water each day, as well as meals that meet certain nutritional guidelines, among other standards.

For Holden, who terms out this year, it’s the last chance to push through legislation he has long championed. His bill would ban solitary confinement for certain vulnerable populations, including pregnant people, and limit isolation to 15 consecutive days — and no more than 45 days in a 180-day period — for everyone else. Last year, Holden parked it in the Assembly during the last days of session, where it remains. He said he was seeking more time to refine the proposal and engage with the governor’s office.

When Newsom vetoed Holden’s bill in 2022, the governor called the practice “ripe for reform,” but said the proposal was too broad and could risk staff and inmate safety.

His administration last year issued new solitary confinement regulations that seemed to represent the governor’s thinking on the practice. They give isolated inmates more outside cell time, allow greater participation in rehabilitative programming and create ways to accelerate their release from solitary cells.

Holden’s current bill would likely again make it to the governor’s desk. It easily cleared the Assembly last year, squeaked off the Senate floor and now awaits a final vote in the Assembly.

But Newsom has given no indication that he has changed his mind. His Department of Finance opposes both Holden and Bauer-Kahan’s bills. The agency cites cost concerns and said Holden’s bill doesn’t do enough to address the governor’s issues from his veto message.

Bauer-Kahan admitted the solitary confinement piece of her proposal would be the most costly.

That’s mostly because some people are placed in isolation as a form of protection if they’re facing safety threats. Corrections officials have said there would be increased labor costs if facilities can’t put pregnant inmates in solitary confinement. One potential solution, she said, would be to rehouse pregnant prisoners, instead of isolating them.

Bauer-Kahan continues to be supportive of Holden’s bill, even though it would make the solitary confinement piece of hers unnecessary.

“That's great if that happens,” she said. “But in the event that it doesn’t, making sure that these individuals have the conditions they need to thrive, I think we all agree is critical.”

IT’S WEDNESDAY AFTERNOON. This is California Playbook PM, a POLITICO newsletter that serves as an afternoon temperature check on California politics and a look at what our policy reporters are watching. Got tips or suggestions? Shoot an email to lholden@politico.com.

 

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WHAT YOU NEED TO KNOW TODAY

Robert Rivas talks to reporters at the Capitol in Sacramento, California.

Assembly Speaker Robert Rivas talks to reporters after the Assembly approved a measure to reduce the state budget deficit at the Capitol in Sacramento, California, on April 11, 2024. | Rich Pedroncelli/AP


RETAIL REDUX: Ahead of a vote expected Thursday on the Legislature’s retail theft bill package, Assembly Speaker Robert Rivas plans to drop a measure that would add penalties for those who damage property while committing a felony, said Nick Miller, a Rivas spokesperson.

Lest we forget, Assemblymember Esmeralda Soria originally authored the bill before dumping it amidst the upheaval over amendments that would have voided this and other laws if a tough-on-crime ballot measure opposed by Newsom and Democratic leadership passed in November.

The move was part of an effort to get the initiative — which would roll back parts of Proposition 47, toughening penalties for some drug and property crimes — off the November ballot. But it backfired, angering Republicans and moderates like Soria who faced blowback from law enforcement and district attorneys backing the ballot measure, Proposition 36.

Miller said the bill was “duplicative,” as Prop 36 contains a similar provision.

 

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ON THE BEATS

WATERED DOWN: A closely watched health care consolidation bill is getting a major haircut. The bill originally would have required the California attorney general to review a proposed acquisition of a health care business by a private equity firm or hedge fund. But pushback from lawmakers, the hospital industry and other groups have dogged the legislation, prompting Assemblymember Jim Wood to pledge that he would reluctantly exempt for-profit hospitals from his proposed Assembly Bill 3129.

Wood’s office has been circulating those amendments — which are not yet in print — around Sacramento to see if they are enough to satisfy lawmakers or get groups like the California Hospital Association to remove their opposition. — Rachel Bluth 

Elon Musk sits with his hands together.

Elon Musk, co-founder of Tesla and SpaceX and owner of X Holdings Corp., speaks at the Milken Institute's Global Conference at the Beverly Hilton Hotel, on May 6, 2024, in Beverly Hills, California. | Apu Gomes/Getty Images

ELON’S WORLD —  Elon Musk is spreading misinformation on X, and world government officials are livid — but limited in their ability to stop him, POLITICO’s John Sakellariadis, Christine Mui and Brittany Gibson report.

The X owner has fanned the flames of anti-immigration riots in Britain and claimed “civil war is inevitable.” He shared a doctored video of Vice President Kamala Harris deeming herself the “ultimate diversity hire” for president. And he’s made baseless claims that the Biden administration is funneling undocumented immigrants into the country to influence the November election.

Governments are looking for ways to hold him accountable, whether it be hauling Musk to Britain for questioning, investigating potential data misuses by his Super PAC or urging him to stop Grok (X’s embedded AI) from spreading false information.

But Musk remains defiant and emboldened in his digital realm, attacking those who question him. That includes U.K. Prime Minister Keir Starmer, whom Musk slammed as “#TwoTierKeir” in a nod to online claims that British police treat violence less harshly when the perpetrators are not white. — Tyler Katzenberger

 

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WHAT WE'RE READING TODAY


NASA might need SpaceX’s help ferrying two astronauts back to Earth amid an investigation into propulsion system malfunctions with Boeing’s Starliner spacecraft. (Los Angeles Times)

— California’s “disorganized” anti-fraud policies put hundreds of millions of federal homelessness dollars at risk, an audit found this week. (CalMatters)

— Two giant pandas, Yun Chuan and Xin Bao, will make their public debut tomorrow at the San Diego Zoo as the U.S. and China resume “panda diplomacy.” (Axios)

 

SUBSCRIBE TO GLOBAL PLAYBOOK: Don’t miss out on POLITICO’s Global Playbook, our newsletter taking you inside pivotal discussions at the most influential gatherings in the world. Suzanne Lynch delivers the world's elite and influential moments directly to you. Stay in the global loop. SUBSCRIBE NOW.

 
 
AROUND THE STATE

— The strongest SoCal earthquake in three years, a magnitude 5.2 quake centered south of Bakersfield, rocked much of the Los Angeles area Tuesday night. (Los Angeles Times)

— Nurses at Rady Children’s Hospital in San Diego rejected the latest contract offer from hospital administrators, arguing it didn’t “sufficiently address” wage issues and high premium costs. (San Diego Union-Tribune)

— The San Jose City Council decided against placing a park maintenance tax measure on the November ballot after polling showed lackluster public support for the initiative. (KQED)

— compiled by Tyler Katzenberger

 

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The good news is that there is still time to voice your opinion while the bill makes its way through the legislature.

Send a message to your legislators telling them to find a better way. Californians deserve access to safe and reliable news from local publishers. Take action by visiting goo.gle/cjpa.

 
 

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