California’s death row — the largest in the coun­try — is expand­ing beyond the capac­i­ty of San Quentin State Prison to hold it. In response, Governor Jerry Brown has pro­posed a $3.2 mil­lion expen­di­ture to make about 100 new cells avail­able to incar­cer­ate death row inmates. California has not exe­cut­ed any death-row pris­on­er since 2006. Court rul­ings have barred the state from using its lethal injec­tion pro­to­col and, last July, in the case of Jones v. Chappell, a fed­er­al dis­trict court declared the State’s death penal­ty statute uncon­sti­tu­tion­al as a result of sys­temic delays in pro­vid­ing appel­late review of death sen­tences. In the nine years since its last exe­cu­tion, California’s death row has grown from 646 to 751 inmates. The death-row facil­i­ties at San Quentin, which can house 715 inmates, cur­rent­ly hold 708. The remain­ing inmates include 20 women housed in a sep­a­rate facil­i­ty and 23 inmates held else­where for court hear­ings, in long-term med­ical facil­i­ties, or in pris­ons in oth­er states. Under the gov­er­nor’s new pro­pos­al, death row pris­on­ers could be held in anoth­er hous­ing unit at San Quentin, where cells have recent­ly become avail­able as the state releas­es low-lev­el offend­ers under a mea­sure approved by vot­ers in 2014. Gov. Brown asked the leg­is­la­ture to approve the addi­tion­al out­lays to increase secu­ri­ty and staff at the prison. State Senator Loni Hancock, head of the bud­get sub­com­mit­tee that will con­sid­er Brown’s pro­pos­al this month, said, California is in a Catch-22 sit­u­a­tion. We are required by the Courts to address prison over­crowd­ing and we are required by law to pro­vide cer­tain min­i­mum con­di­tions for hous­ing death penal­ty inmates. The Legislature can’t avoid its respon­si­bil­i­ties in these areas, even though the courts are cur­rent­ly con­sid­er­ing the con­sti­tu­tion­al­i­ty of the death penal­ty, and I hope will agree to end it.”

(P. St. John, California’s death row, with no exe­cu­tions in sight, runs out of room,” Los Angeles Times, March 30, 2015.) See Costs and California.

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