Judges deny state's request to delay prison order

A panel of federal judges today denied state officials’ request to delay an order that they produce a plan to reduce California's prison population by 40,000 inmates.

Aides to Gov. Arnold Schwarzenegger have said they would take their request to the U.S. Supreme Court on Friday.

In denying the state’s request, the judges said they had been “more than patient with the state and its officials” and harshly criticized them for “conflicting representations” in court that have forced the cases to drag on.

“Further delays and obstruction will not well serve the people of the state, and will not be tolerated by this court,” wrote U.S. District Judges Thelton Henderson and Lawrence Karlton, and U.S. 9th Circuit Court of Appeals Judge Stephen Reinhardt.
 
In their order last month, the judges said overcrowding is the primary cause of substandard healthcare and mental health care in state prisons. They required the state to produce a plan by Sept. 18 to relieve the overcrowding.

State officials, in requesting a delay, had said they would be wasting taxpayer resources putting together a plan that ultimately might be unnecessary after an appeal of the order. The appeal was filed separately today.

The judges noted that a proposal to reduce prison overcrowding has been approved in the state Senate and part of that plan passed the Assembly.

“Indeed, the state has already completed much of the necessary work to develop a plan that could satisfy much or all of our order,” they wrote.

—Michael Rothfeld in Sacramento

Comments

[Michael Perrone]

The only reason we Californian's are in this prison mess is because we create tens of thousands of criminals with prohibition, and prohibitions externalities multiplies crime with turf wars and violence against our police. When will wake up and do what is morally right- end prohibition and develop drug policies based on science, reason, compassion and harm reduction. Prohibition is the true disaster and the elephant in the room.

[tarheelchief]

Evidently the judges think the state has little or no power to resist the Federal Judiciary.
Maybe this is the reason judges are approved by the Senate.The state does not have a healthy economy and now the judges decided to make it a more dangerous economy, aless inviting place to invest. Isn't this just wishful thinking on the part of defense lawyers and judges?
Let's ask a few pertinent questions.
One, what is the lifespan of prisoners in California? How does this compare with the lifespan of prisoners in other states?
Two, since the state does not provide health care for its citizens,how is it possible the prisoners will be the sole group with good medical facilities?
Three, the prisons are involved with a major civil war right on the other side of a semi-permeable border.Refugees,criminals,and others are drifting into our system.How has the judiciary in California and legal profession of California helped alleviate the problems within the prisons?
The people of California are not openly defying the court's ruling,this is not a civil rights case of improper racism.This is simply a case of being in the wrong place at the wrong time.
It's always interesting to hear the decisions made by people whose pay is fixed in a lifelong untouchable position.How would they know about the problems of normal folks in a recession?

[DOGROB1]

"Wasting taxpayers resources/money" can't be used as an excuse to delay a plan that will save them money or keep them safe in their communities, these same taxpaying citizens trusted and voted for these state representatives to be placed into office, and their decisions must benefit first the state, populous and most of all the communities of which they serve. Gentlemen get er done because "THE ROOF THE ROOF THE ROOF IS ON FIRE"

[J Buchanan]

California's prisoners come from every walk of life. Some have committed crimes for which they have been removed from society for our safety. On the other hand, if you have ever witnessed our judical system, then you must know that there are many flaws in our system. And some people in our prisons are not quilty of any crime. Some of those in prison committed very minor offences and we, the tax payers, and society in general are paying not just in terms of monetary expenses, but in things like taking away health care, education, parks, jobs, things that we need. Our prisoners are our sons, daughters, fathers, mothers, brothers, sisters, and friends. We can not treat them as if they are animals, and trash. Our state, our representatives have nearly destroyed us over their inability to know what they are doing. Because clearly, they don't. If you need help, you call in the experts. And that is what Henderson, Karlton and Reinhart did. And I, for one, am so very grateful to these hard working judges who know the truth. God bless you.

[Calilaw]

Hallelujah!The judges aren't taken Arnies BS,and are doing the right thing......there IS still some JUSTICE in California!

[Rachel Contreras]

The Gov should be held in contemp of a court order by wanting to delay the release of prisoners that are no longer a threat to anyone. Of course the CDC Union and all the politians that make money off the prison industry are upset and are willing to do anything not to lose the job security and their money, including fearmongering the public, instead of telling them the truth, that they are the ones that are going to benifit by this release as far as our taxes that have been going to pay for CDC guards instead of education, that has taken income from the Elderly the Disabled and the Poor and the healthcare plans of our children and Elderly, this is what they don't want anyone to know.They figure that most of the public is stupid and will believe anything they say under the guise of public safety, when actually they could care less about public safety their only worried about their money!!!!!!!!!!!

[Sierra Mist]

Release the 40,000 prisoners already, reform the sentencing laws, and definitely release the terminally ill to their caring families, the mentally ill to non-prison facilities that can care for them accordingly. And PLEASE vote out these "Tough and Dumb on Crime" politicians!

[berkeleygal]

The three federal judges made their order based on expert testimony from both sides. They are unbiased and respect all of human life. Their ruling is made in an effort to minimize the total human death toll. Consider the finding that one preventable death occurs per week within our CA prisons due to overcrowding and the resulting medical neglect. Here is a list of recent deaths within our prisons (I leave out the names out of respect for the families.):
1 N.S. was found dead Aug 5,
2. A.C.H., age 57, Aug 14
3. J.L.F. Aug 19
4. J.M.N., tasered to death. July 31,
5. R.M., 68 yr old EOP (mentally ill, beaten to death) at Lancaster July 18
6. 48-year-old G.A.T., beaten to death, CSP-LAC Jul 15
7. Man dies at Pleasant Valley State Prison, media can't get his name. 75 inmates rioted.
8. E.B., Age 20 died from stab wounds at CCI
9. 1 dead, at least 16 hurt at Kern Valley S.P. in riot
10. 175 injured in Chino riot Aug 8
11. Elderly man dies Mule Creek A yard Aug 31

These are human lives. Victims are victims, be it a citizen on the outside or an inmate on the inside of prison. Think about this: do we investigate every victim's past to determine if they qualify to be classified as "victim?" NO. So it's time to also recognize all the victims of the CDCr. It is time for our state to accept responsibility for all the unnecessary deaths inside our prisons. Schwartzenegger, please stop this mess, please stop wasting tax dollars. Please heed the judges' order now.

[berkeleygal]

I have a great idea: Along with taking away the power of the parole officers to violate parolees for technical,non-criminal violations, the governor should also remove the CORRECTIONAL OFFICERS' power to "write up" inmates for petty, non-criminal violations within prisons which has added much unjustifiable, costly time onto inmates' sentences. The CCPOA members (parole officers and correctional officers) should not have the power to play prosecutor, investigator, judge, jury and executioner. There is an obvious conflict of interest involved.

[NoNoNo]

Face it folks. LA has the highest crime rate in the nation. Now, if you want the gangs to totally control LA, let them out. Yes, some things need to be changed (encouraging kids to finish school, and not join gangs, is a good start). But, until we have reached truly rehabilitative milestones, it's foolish to release gang members back out on our streets. There was a very good reason for "tough on crime". It was needed, and continues to be needed now more than ever, with no jobs to be had. If our law abiding citizens can't find jobs right now, how do you expect Ex-Cons to find them? They won't. They'll have no choice but to resort to criminal activities. This is foolish nonsense. It's the worst time economically to consider a mass release of 40,000 prisoners. How about considering release when the economy is good, and those that actually want to turn themselves around, have a shot at getting a job?

[HOMERUN]

This ruling by these federal judges is a HOMERUN for justice...for the Constitution...for all those who have defended and supported the Constitution...
for all who see past the dangers of today...to the hope of tomorrow.

[bill cormeny]

Is anyone reading the reports from Mexico?
How many people have died in the fighting down there.We already isolate the two major gangs from each in other in separate prisons. We have a completely segregated population in Pelican Bay since racially motivated attacks led to horrible retributions.Neither our prison system or our neighborhoods can avoid the violence boiling up within LA,San Diego,SF,Modesto,Sacramento,Fresno,Bakersfield.
If you check the statistics over the past 12 years you will find similar results in many eastern and midwestern states where gangs dominate the streets.Detroit,Baltimore,Washington,DC,Philadelphia,New York,Houston,New Orleans bear the burdens of gang violence.California's death rate reflects the same problem:
turf wars over drug distribution.You'll note how difficult the cell phone and conjugal visits have helped violence increase.

[HOMERUN]

Excellent...this a HOMERUN for all of california and not for the few of self interest groups...
A HOMERUN that supports and defends the Constitution...
Thank you for guarding our Constitution.

[Ricardo Guerra]

This is what an over zealous State gets for making everything against the law.

[tarheelchief]

I know these are the sons and fathers and in laws of decent people.
Our state prison system saves lives for these men and women would be killed on the streets by gang members,policemen in fear of their lives,vigilantes,and even attorneys.
Did the defense lawyers help themselves by plea bargaining these criminals into jail time?Did these attorneys save their own families? Did they help get rid of these threats to their lives?
Do these criminals want to be homeless,jobless,and left without their families who have moved away for their own protection?How many lives have these men or women destroyed outside the victims? Who is keeping count?

[annie hall]

THERE ARE MANY REASONS FOR PRISON OVERCROWDING MAINLY CROOKED AND CORRUPT COP FALSIFYING POLICE REPORTS, CONCOCTING OUTLANDISH STORIES, AND PERJURING THEMSELVES.

[annie hall]

75%OF THE PRISONERS MAYBE FALSELY CONVICTED, THE CRIME EXAGGERATED, AND CROOKED COP PERJURING THEMSELVES. THE DISTRICT ATTORNEYS GO ALONE WITH THESE CROOKED AND CORRUPTED COPS, AND INSTEAD OF THE JUDGES THROWNING MANY OF THESE CASES OUT OF COURT THEY CONTINUE TO GO ALONE WITH IT COSTING THE PRISONERS THEIR FREEDOM AND THE TAX PAYERS MILLIONS OF DOLLARS.