NCJ Number
97026
Journal
New York University Review of Law and Social Change Volume: 12 Issue: 1 Dated: (1983-1984) Pages: 209-241
Date Published
1984
Length
33 pages
Annotation
This article describes the political and legal processes of prison expansion using examples from New York State, which embarked on a prison expansion drive over the past decade to meet the enormous increase in its prison population.
Abstract
The role of the department of corrections (DOC) in resolving the question of prison expansion is described, and the DOC is identified as the most important advocate of prison expansion. The DOC justifies expansion through prison population projections and capacity limitations. Without the DOC's enthusiastic support, prison expansion is unlikely, and probably impossible. Attention is given to why and when the DOC decides to increase prison capacity as well as how the expansion will occur -- for example, through renovation, new will occur -- for example, through renovation, new construction, or more beds. Further, the role of the electorate in prison expansion is addressed, and certain constitutional and philosophical questions about how plebiscites on prison expansion should be conducted are considered. The role of the legislature in prison expansion is analyzed, and real and perceived political costs in taking positions which favor or oppose prison expansion and in voting for any particular expansion plan are delineated. Additionally, the interests of local government in the State's expansion policy are examined, as are the roles of citizens' commissions in producing or preventing prison crowding. Finally, prison expansion is concluded to be politically and economically feasible. Ninety-six references are included.