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Roommates for LifeHow do prisons deal with overcrowding?

Prisoner dressed in prison clothing and handcuffed.Michigan Gov. Jennifer Granholm sent a letter to California Gov. Arnold Schwarzenegger Monday offering to take some prisoners from his overcrowded facilities. The California prison system is currently at twice its intended capacity. How do prisons deal with so much overcrowding?

They add more beds. Prisons are built to hold a certain number of inmates, with one bed per prisoner. When the population increases, single cells become doubles, doubles become triples, and so on, with new makeshift beds bolted into the walls. Dayrooms—the communal areas intended for recreation and relaxing—get filled with bunk beds, as do gymnasiums. When those spaces fill up, prisoners will often sleep in "boats," or plastic canoe-shaped trays that can be laid on the floor at night and stacked during the day. (See a picture here.) A prison will sometimes open up a new temporary facility, like the famous "tent city" of Maricopa County jail in Arizona. Worst-case scenario, prisoners go to other states: California has already sent more than 7,000 inmates to Arizona, Tennessee, Mississippi, and Oklahoma.

The problems with overcrowding go beyond sleeping arrangements. Tight quarters lead to higher levels of violence between prisoners. They also make security more difficult, since it's harder for guards to see across large rooms when they're filled with beds. Sanitation suffers as well—toilets break from overuse, showers get clogged, and diseases are more easily transferred. As a result, convicts overwhelm the prison health system—hence California's prison health care debacle.

In the 1981 case Rhodes v. Chapman, the Supreme Court ruled that prison overcrowding is not unconstitutional, per se, and that the U.S. Constitution "does not mandate comfortable prisons." The justices did note, however, that overcrowding can lead to other conditions that violate the Eighth Amendment, which prohibits cruel and unusual punishment. The court defined those conditions as "the wanton and unnecessary infliction of pain," "pain without any penological purpose," "serious deprivation of basic human needs," or deprivation of "the minimal civilized measure of life's necessities."

The American Correctional Association, which accredits 1,500 prisons across the country, does issue guidelines for how much physical space prisoners need. In single cells, each prisoner should have at least 35 square feet of unencumbered space. If the inmate spends more than 10 hours a day in his cell—which is rare in most prisons—he needs 80 square feet. When the number of inmates in the room is between two and 50, each one gets 25 square feet. These standards, however, aren't mandatory, even for prisons that get certified.

Explainer thanks David Fathi of Human Rights Watch, Jenni Gainsborough of Penal Reform International, and Eric Schultz of the American Correctional Association.

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Christopher Beam is a Slate political reporter. Follow him on Twitter.
Photograph of a prisoner by Douglas C. Pizac-Pool/Getty Images.
COMMENTS

When are we going to change the way we punish people in this country? We have the highest percentage prison population in the world, and we are far from the most dangerous country...obviously we are doing something wrong. At least there's going to be some good I think coming from all the money problems states are having. We need to entirely rethink the way our justice systems works, since obviously it's not.

-- emzmcgee
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click here)

We also routinely imprison other non-violent offenders. I know a guy who recently went to prison for five years because he took money from a client to construct a metal building for them and then failed to deliver the building as promised.

I used to work with this guy years ago. He wasn't a criminal. He was self employed in the building trade and he had recently had a heart attack and was in dire financial straits. I'm not saying that he wasn't criminally liable for taking these folks' money and failing to deliver their building, but I don't understand how throwing him in prison makes the situation any better. Now his kids are living on welfare and he has no means to repay the people that he ripped off. On top of that, the taxpayers of our state are now paying as much as he stole to keep him in prison each year.

There has to be a better way to mete out justice. There may be a sense of revenge had by taking his freedom from him, but I just can't see how justice has been served.

-- NightSwimmer
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