Judges approve Schwarzenegger's prison plan

A panel of three federal judges has approved a court-ordered plan submitted by Gov. Arnold Schwarzenegger to reduce overcrowding in California prisons, under a decision released today.

Schwarzenegger has appealed to the U.S. Supreme Court to overturn last year’s decision by the federal judges presiding over a pair of lawsuits by inmates who said overcrowding violates their rights to adequate medical and mental healthcare.

In the meantime, the governor was required to submit a plan showing how, if the state loses, he would reduce the inmate population by up to 40,000 over two years. His first plan was rejected by the judges in October because it did not meet the required population targets or timeline.

[Corrected, 5 p.m.: A previous version of this post reported that the governor's first plan was rejected in November.]

His second, submitted in November, told the judges how the state could achieve the population reduction. Schwarzenegger said the governor would work with lawmakers to approve measures they rejected last year, including home detention with satellite tracking devices for some inmates; permitting some felony offenders to serve time in county jails instead of state prisons; and reducing sentences for property crimes.

If lawmakers refuse to go along with the plan, the judges could waive state law and order the measures implemented, Schwarzenegger said. The governor’s aides said they oppose such a solution, but would implement the orders if they lose their appeals.

The judges said they would postpone implementation of the plan pending resolution of the state’s appeal.

-- Michael Rothfeld in Sacramento

Comments

[allaire8]

To address our prison population we will have to rethink sentencing and laws. I understand the concept behind 3-strikes but it's been criticized time and again for putting too many behind bars. Some people, violent people, have to be in prison or a prison mental ward, but others, we could do something different. The system to rehibilitate or even get people "functioning" in their life and society is lacking. Our balances seem off. I think it may be a time when we're forced to rework the system, which is long overdue.

[Jage]

We need Arizona Sheriff Joe Arpaio to run California's prisons!

[alarmed and scared in LA]

"home detention with satellite tracking devices " ?

Does that include updates for the people unfortunate enough to be a neighbor next to the house in which the criminal has "house detention"?

Its alarming to live in LA, it gets worse every day.

Maybe I am biased because I live next to a house where I know there are alleged felons on bail, waiting for trial. Studies show that 1 in 10 murders is by a felon on bail.

As far as I am concerned, the Federal Courts should review their demands for reducing prison population and start thinking of where to house the criminals.

[it's the right thing to do]

alarmed and scared in LA
You asked some very good questions.
Thought I'd share my understanding of this situation.
First, don't be scared. Public Safety is still a priority.
If I am not mistaken there are 4 security levels in the CDCR.
1=minimum security --- 4=maximum.

Rest assured NONE of the prisoners from maximum security levels will be released. Obviously, the majority, if not all, of the prisoners being released will be from the level 1 (NON-Violent) category. I don't know if the state is considering releasing inmates from other levels but if they are. . .they most definitely will NOT be from level 4.

Also, these prisoners are not going to be "unleashed" all at once. How crazy would that be in this economy? The state has worked out a plan for the inmates to be assimilated back into society gradually over a couple of years.

The federal courts ordered the release of these inmates because the overcrowded conditions inside the prisons have been deemed "inhumane and unconditional." The Gov. said the prison system is in "a state of emergency." Many people consider the state of California's "tough on crime" policies draconian and the state is looking at ways to reform the sentencing laws, so that 1.) low level offenders are not such a burden on the state's taxpayers and 2.) So, that the those who are sent to prison, will be housed under humane conditions.

Hope this helps to ease your worries.