A comprehensive policy concerning overcrowding should be based on the assumption that the right of the State to confine offenders does not include the right to house more offenders than each facility is certified to hold. Therefore, when the number of inmates to be housed exceeds the certified capacity, the chief executive officer of the correctional system must reduce the number of prisoners in the overcrowded institution(s) within 72 hours. This may be done by transferring prisoners to other facilities or by temporarily releasing and furloughing prisoners. Any person confined in a less humane environment shall have a cause of action for release and for actual damages. A policy concerning classification of prisoners is needed because most prisoners currently are classified as requiring more secure facilities than is necessary which is both inhumane and costly. Thus, a comprehensive policy concerning this issue should be based on the principle that the right of the State to incarcerate prisoners implies the obligation to use a modern, empirically tested classification system that insures for each offender the minimum level of security required for personal safety and public protection. Therefore, within 3 months of incarceration, each prisoner should be housed according to the security classification. Prisoners who are not so housed may seek a judicial order enforcing their classification and awarding them damages. Formulation and implementation of the national policy should be initially financed by the American Correctional Association to ensure a prompt start and to avoid compromise over the development process. An outline of the process of formulation and implementation of the policy is proposed.