You have commented 339 times on Rantburg.

Your Name
Your e-mail (optional)
Website (optional)
My Original Nic        Pic-a-Nic        Sorry. Comments have been closed on this article.
Bold Italic Underline Strike Bullet Blockquote Small Big Link Squish Foto Photo
Home Front: Politix
Fed judges order California to spring 40,000 prisoners
2009-08-05
SACRAMENTO — In a decision that could dramatically reshape California's criminal justice system, a panel of federal judges Tuesday ordered Gov. Arnold Schwarzenegger and state legislators to find ways to cut the prison population by 40,000, or about one-quarter of all inmates.

The ruling was a stark milestone in the years-long saga of two lawsuits charging that California allows inhumane conditions to fester in its prisons because of severe overcrowding. Law-and-order advocates say such cuts would result in inmates being returned to the streets early or being turned over to cash-strapped counties to jail. The Schwarzenegger administration signaled that it would likely appeal the case to the U.S. Supreme Court.

The three-judge panel gave the governor and lawmakers 45 days to present a plan to cut the inmate population from about 150,000 to 110,000 over two years. The judges delivered a stern message about conditions that are so poor in some prisons that they violate inmates' constitutional rights.

"The medical and mental health care available to inmates in the California prison system is woefully and constitutionally inadequate, and has been for more than a decade," the judges wrote in a 184-page ruling. "Tragically, California's inmates have long been denied even (a) minimal level of medical and mental health care, with consequences that have been serious, and often fatal. ... A significant number of inmates have died as a result."

The judges described some prisons operating at nearly 300 percent of capacity, with inmates housed in triple bunk beds placed in gymnasiums and day rooms.

"In these overcrowded conditions, inmate-on-inmate violence is almost impossible to prevent, infectious diseases spread more easily, and lockdowns are sometimes the only means by which to maintain control," the judges wrote.

In general, the 33-prison system is at nearly double its capacity. Even under the judicial order, the system would remain overcrowded, at 137.5 percent of capacity.

Matthew Cate, secretary of the Department of Corrections and Rehabilitation, acknowledged that the prisons are severely overcrowded and that conditions in many facilities have been substandard. But the situation has improved dramatically in recent years, he argued, enough so that the federal courts should not be dictating how California runs its correctional system.
Posted by:GolfBravoUSMC

#15  Note that the 60% are of people who have been previously been convicted of violent offenses - I'm sure in the remaining 40%, there are plenty of others who were charged but not convicted.
Posted by: Zhang Fei   2009-08-05 17:37  

#14  More on the myth of "non-violent" offenders from NRO:

Shedding this many inmates — even though some will end up in county and city lockups — will inevitably let some bad criminals get back on the street, where they will commit more crimes. After all, very few people end up in prison without violent records — about 60 percent of “non-violent” offenders have violent offenses on their rap sheets.
Posted by: Zhang Fei   2009-08-05 17:33  

#13  "Tragically, California's inmates have long been denied even (a) minimal level of medical and mental health care, with consequences that have been serious, and often fatal. ... A significant number of inmates have died as a result."

Gee, I thought government-sponsored healthcare was inherently a good thing. At least these folks didn't have to endure the torment of being repeatedly put on hold by their HMO.
Posted by: Matt   2009-08-05 17:14  

#12  A lot of non-violent offenders would do better in work camps.

They'd have to have a filtering mechanism. Many non-violent offenders are like Al Capone - convicted of tax evasion because prosecutors couldn't make anything else stick.
Posted by: Zhang Fei   2009-08-05 14:30  

#11  Give the illegals a free truck ride to the border, (Military style convoy) march them across and shoot them if they return, fixes that problem.
Posted by: Redneck Jim   2009-08-05 12:37  

#10  Good point, GB, except I don't think Mexico wants them.
Posted by: Steve White   2009-08-05 12:26  

#9  California should immediately (and cheaply) construct Joe Arpaio tent city prisons out in the desert

Nice areas out east of Date City before you get to Ogilby.
Posted by: Mullah Richard   2009-08-05 11:40  

#8  Areas California missed potential budget savings.

Send the illegal aliens in prison back to wherever. There, prison overcrowding problem is solved with room to spare.

Posted by: GolfBravoUSMC   2009-08-05 10:45  

#7  Should be easy pickins for the MilTerrs, ala recruitment.
Posted by: JosephMendiola   2009-08-05 10:32  

#6  California should immediately (and cheaply) construct Joe Arpaio tent city prisons out in the desert, enough for 100,000 prisoners. By international law, military field conditions do not in any way violate human rights.
Posted by: Anonymoose   2009-08-05 10:22  

#5  Is this the 9th Circus Court?
Posted by: 3dc   2009-08-05 09:52  

#4  So -eh- what are the gun laws in CA like? my guess is that they will be the next target of Zero and friends.
Posted by: CrazyFool   2009-08-05 08:35  

#3  Judges are likely right. The California prison system is inhumane in many ways.

Then again, prison isn't supposed to be a picnic.

Fact is, we have lots of people in prison who don't need to be there, and we have lots of people on the street who should be locked up. Figuring out who is which is the problem.

A lot of non-violent offenders would do better in work camps. Or send them to Sheriff Joe for a couple months. But they don't need to be in prison long term. At the other end the violent offenders should be held until they're old and gray.
Posted by: Steve White   2009-08-05 08:25  

#2  Well, if you take away the death penalty, in form or function, you'll eventually fill beyond capacity. The judiciary and legal caste are just moving the death penalty to the broader community where the general citizenry will get no due process or appeal. Remember the state does not exist to provide security in your person, your family, or your property. You'll have to turn to other alternatives to find that.
Posted by: Procopius2k   2009-08-05 06:32  

#1  Holder was on the news last night talking about unspecified "incarceration alternatives." This is exactly the release plan Barry and Holder want instituted across the nation. These state political prisoners must be freed in order that total urban chaos can be achieved. All laws and enforcement measures must be federalized and centrally controlled to ensure fairness!
Posted by: Besoeker   2009-08-05 06:10  

00:00