Prison overcrowding has been complicated by the national movement away from the rehabilitation concept and indeterminate sentencing. Determinate and presumptive sentencing codes have been passed, despite many criticisms of the underlying just deserts model. The harsher codes have led to large increases in prison populations without increases in funding to allow corrections officials to deal effectively with added responsibilities. Typical of recent suits brought under Section 1983 is French v. Owens, a class action suit brought on behalf of all inmates at the Indiana Reformatory. The facility was found to be beyond repair, dirty and unsanitary, grossly overcrowded, lacking in acceptable medical and mental health care, and in violation of State laws regarding minimal provision of educational and vocational programs. The court decision in 1982 found that the overcrowding and other conditions constituted cruel and inhuman treatment of inmates in violation of the 8th and 14th amendments. The State legislators were held responsible for failing to appropriate adequate funds. In view of this and other court decisions, the most reasonable approach seems to be to seek alternatives to incarceration for nonviolent offenders. However, current proposals are for funding to construct more prisons and additions to current ones. More constructive and reasoned sentencing reforms are needed. Thirty-three references are listed.