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Emergency Prison Release Policies - The Iowa Example

NCJ Number
97065
Journal
Prison Journal Volume: 64 Issue: 2 Dated: (Fall-Winter 1984) Pages: 88-96
Author(s)
R D Wright
Date Published
1984
Length
9 pages
Annotation
In response to a perceived condition of prison overcrowding, in 1981 the Iowa Legislature adopted a prison ceiling that required the release of certain prisoners if the number of inmates exceeded an established level. There is little evidence that it will be a long-term solution to the problem.
Abstract
At this time, the discretionary power of the judiciary was sharply curtailed, and mandatory sentencing procedures were implemented. The only place for some relief was at the back end of the system, so attention focused on parole decisionmaking. The emergency crowding provisions passed by the legislature contained several steps: if the prison capacity level is exceeded for 45 consecutive days, a prison overcrowding state of emergency is declared; within the next 90 days, the Iowa Board of Parole is required to review for possible release all inmates who are within 9 months of the expiration of their sentences; if the parole board review reduces the prison population to 100 below the 'cap' within the stated 90-day period, then the state of emergency is to be declared ended; if the population of the prison system does not drop to at least 100 below the 'cap' within 90 days of the declaration, then the sentences of all property offenders are to be reduced by 90 days. The concept of an emergency prison capacity number has received mixed reaction throughout the State. Although the 'cap' has met the needs of many on a temporary basis, it may not be a long-lasting solution to prison overcrowding. Fifteen references are included.

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