Pubdate: Wed, 5 Aug 2009
Source: Los Angeles Times (CA)
Page: Front Page
Copyright: 2009 Los Angeles Times
Contact: http://drugsense.org/url/bc7El3Yo
Website: http://www.latimes.com/news/printedition/front/
Details: http://www.mapinc.org/media/248
Author: Carol J. Williams
Referenced: The ruling 
http://www.caed.uscourts.gov/caed/Documents/90cv520o10804.pdf
Bookmark: http://www.mapinc.org/find?199 (Mandatory Minimum Sentencing)
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)

STATE GETS TWO YEARS TO CUT 43,000 FROM PRISONS

Federal Judges Call Conditions 'Appalling' and Unconstitutional. A 
Reduction Plan Is Due by Mid-September.

California must shrink the population of its teeming prisons by 
nearly 43,000 inmates over the next two years to meet constitutional 
standards, a panel of three federal judges ruled Tuesday, ordering 
the state to come up with a reduction plan by mid-September.

The order cited Gov. Arnold Schwarzenegger's own words when he 
proclaimed a state of emergency in the corrections system in 2006 and 
warned of substantial risk to prison staff, inmates and the general 
public, saying "immediate action is necessary to prevent death and harm."

Tuesday's ruling heightens the stakes for a legislative debate over 
prisons that will take place later this month. As part of the 
agreement to close the state's $26-billion budget gap, the governor 
and lawmakers agreed to cut $1.2 billion from the prisons budget, but 
postponed decisions on how to hit that goal.

The governor and most legislative leaders back a plan that would 
reduce prison populations by as many as 37,000 over the next two 
years using a combination of early releases, changes in parole 
policies and shifting of some prisoners to county jails.

Debate on that plan will be contentious, with many Republicans 
opposed. But the judges' ruling means that defeating the plan would 
not only unravel a major piece of the budget agreement but also 
potentially cede decision-making over prison policies to the federal courts.

Lengthy Process

The 185-page opinion follows a trial last year and nearly 14 years of 
deliberations over lawsuits brought by inmates alleging cruel and 
unusual punishment, which moved the state case into federal 
jurisdiction. The opinion accuses the state of fostering 
"criminogenic" conditions that lead prisoners and parolees to commit 
more crimes, feeding a cycle of recidivism.

"The constitutional deficiencies in the California prison system's 
medical and mental health system cannot be resolved in the absence of 
a prisoner release order," the judges concluded.

They stopped short of issuing a release edict, though, giving state 
officials 45 days to come up with their own plan for reducing 
overcrowding while observing that alternatives to release, such as 
building new prisons, were "too distant" and unlikely to be funded.

Atty. Gen. Jerry Brown said the state would comply with the order to 
produce a plan, but repeated criticism that the judges had ignored 
significant improvements made in recent years.

He said he doubts the U.S. Supreme Court, to which state officials 
could appeal any release order, would find that current prison 
conditions violate the Constitution.

"The courts are ordering the state to come up with a plan to release 
all these prisoners, but the question is: Which prisoners? Release to 
what -- halfway houses, GPS monitoring? And what happens when they 
commit another crime -- do they come back? There's a lot that is not 
clear," Brown said.

Department of Corrections and Rehabilitation Secretary Matthew Cate 
said he hoped the judges would back down if state officials and 
lawmakers make progress in reducing the state's prison population 
this month, as planned.

The administration's proposal to cut the inmate population by 37,000 
over two years could be approved by the Legislature with a majority 
vote -- meaning no support would be needed by conservative 
Republicans who threatened to scuttle last month's budget deal if 
prisoner releases were included.

The governor's plan would allow the state to place on home detention 
prisoners with less than a year left on their sentences and those who 
are elderly or infirm. It would also change sentencing and parole 
rules to reward those who show evidence of rehabilitation.

But Schwarzenegger may be reluctant to use the courts as a hammer to 
push his plan through. Administration officials have repeatedly said 
that the court has overstepped its boundaries. The overcrowding 
problem, Cate said, is a state problem that needs to be fixed by the 
governor and lawmakers.

"It is not the job of the federal court to do this," he said.

Noting the legislative session that begins in two weeks, Prison Law 
Office Director Donald Specter, who brought the prisoners' suits, 
said lawmakers now face the choice of being "part of the solution or 
continuing to be part of the problem."

Potential Win-Win

Specter emphasized, as did the judges, that the ruling "doesn't mean 
that 40,000 prisoners are going to walk out of prison tomorrow."

"If done right, this could be a win-win situation for the entire 
state, as the prisons will be safer for my clients and the staff who 
work there, taxpayers will save hundreds of millions of dollars a 
year and communities will be safer as a result," Specter said, 
pointing to the judges' opinion that prison conditions contribute to 
repeat offenses.

The judges capped the prison population at no more than 137% of the 
designed capacity of 84,000. That would mean release of 42,920 
inmates to meet the population ceiling of 115,080.

Some lawmakers welcomed the ruling while others vowed to fight it.

"It's frankly a day of reckoning for those who have pushed for 
constant sentence enhancements, who would decimate rehabilitation 
programs and who oppose revenues to support state services," said 
Assembly Speaker Karen Bass (D-Los Angeles), alluding to Republican 
lawmakers' conflicting efforts to be tough on crime while cutting spending.

"Today's decision by the three-judge panel is a nightmare come true 
for California families," countered Assembly Minority Leader Sam 
Blakeslee of San Luis Obispo. "Any fair-minded court will see there 
is no way to reduce our prison population by nearly 43,000 without 
letting out some very dangerous criminals onto our streets and into 
our neighborhoods."

The judges pointedly rejected any notion that conditions have 
improved. Citing testimony during last year's trial by some of the 
nation's foremost prison administrators, the judges said the experts 
reported "they have never previously witnessed such appalling prison 
conditions."

Until overcrowding is reduced, the state will be unable to provide 
"constitutionally compliant care," concluded the panel comprised of 
U.S. District Judges Thelton Henderson and Lawrence Karlton, and U.S. 
9th Circuit Judge Stephen Reinhardt.

The judges said overcrowding at prison reception centers approaches 
three times designed capacity, frustrating prison intake officials' 
ability to identify incoming prisoners with medical or mental health problems.

Overcrowding has led to conditions that contribute to the spread of 
disease, require increased use of lockdowns to control inmates, and 
impede authorities' ability to provide essential healthcare, the 
judges said. It also "worsens many of the risk factors for suicide 
among inmates and increases the prevalence and acuity of mental 
illness," they added.

Conditions are "often dangerous, and on many occasions fatal," the 
judges said, alluding to reports that California inmates die of 
treatable or avoidable illnesses at the rate of one per week.

Henderson, a judge of the U.S. District Court for Northern 
California, seized oversight of the prison healthcare network in 2006 
and appointed a receiver to fix the deficiencies.

J. Clark Kelso, the receiver, said in a recent interview that his 
staff was making progress on a daunting array of projects but that 
significant improvements remain at least a year away. He plans to 
computerize inmate medical records, replace a deficient pharmacy 
operation, build at least $2 billion worth of hospitals and upgrade 
existing ones. 
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MAP posted-by: Richard Lake