SAN FRANCISCO, Dec. 2, 2008

Release Inmates To Ease Jail Overcrowding?

California Judge Proposes Early Release In The Face Of Medical Neglect Lawsuits

  • A holding cell at San Quentin prison, California. The state is facing numerous lawsuits because severe overcrowding at its prisons is allegedly leading to medical neglect and unconstitutionally inhumane conditions. Judges are considering freeing some prisoners early to ease the strain. Photo

    A holding cell at San Quentin prison, California. The state is facing numerous lawsuits because severe overcrowding at its prisons is allegedly leading to medical neglect and unconstitutionally inhumane conditions. Judges are considering freeing some prisoners early to ease the strain.  (AP)

(AP)  Releasing inmates early might be the best remaining option for ensuring that California prisoners receive adequate medical care, a federal judge said Tuesday.

The comments came during a trial focused on overcrowding in the state's 33 adult prisons, which inmates' attorneys say is so severe that it leads to medical neglect and malfeasance.

A special three-judge panel clearly signaled its willingness to restrict the number of inmates in California prisons. But the judges abruptly decided not to make a formal ruling this week that crowding is so severe that it leads to unconstitutional conditions.

Instead, the judges said they will continue hearing testimony and issue a single ruling later that could include ordering the state to free tens of thousands of inmates.

U.S. District Judge Lawrence Karlton said releasing thousands of inmates before their sentences are up may be the only option unless lawmakers change their minds and approve a construction program.

"Something's better than nothing if you're desperate," he said.

Witnesses representing county district attorneys and probation officers testified that freeing tens of thousands of inmates early would overwhelm county probation and rehabilitation services.

State lawmakers have refused to support the $8 billion plan to build new medical facilities, which was proposed by the court-appointed receiver who oversees inmate medical care. It calls for improving medical and mental health treatment by building space for 10,000 inmates.

Lawmakers say the state can't afford it and already has made money available for prison construction.

Karlton said releasing inmates may be the only choice at a time when there is "enormous uncertainty" about whether the medical centers will ever be built. He noted that space is so limited that some mentally ill inmates receive counseling inside prison bathrooms.

"You could take the office space out of the toilet," Karlton said during Tuesday's hearing in U.S. District Court. "This is so serious - there's nothing funny about it - but it's bizarre."

A second judge on the panel, Appellate Judge Stephen Reinhardt of Los Angeles, also said he thinks trial testimony so far has shown that California's prison system lacks adequate treatment space for its 156,300 inmates. The system was designed to hold fewer than 100,000.

The hearing consolidates several court cases filed on behalf of inmates. Overcrowding is just one symptom of dysfunction within the state's correctional system, which has had many of its operations placed under the authority of federal courts in recent years.

Karlton said the three judges are trying to strike a balance - not seeking to interfere with the state's sovereignty while correcting conditions so poor they violate inmates' constitutional rights.

Reinhardt said the judges could set a limit for the prison population without directly ordering that inmates be released.

"The purposes of a cap would give the state the choice on how to get there," Reinhardt said.

Witnesses testifying for the Schwarzenegger administration and for local law enforcement officials opposed the idea of a limit or an early release order.

While prisons are "terribly overcrowded," the state is making improvements, said Robin Dezember, the state Department of Corrections and Rehabilitation's chief deputy secretary for health care.

He said easing crowding alone would not improve treatment for seriously mentally ill inmates.

© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed

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Add a Comment See all 39 Comments
by lady54-2009 December 2, 2008 11:39 PM PST
Can''t we just bring back the death penalty?
Reply to this comment
by solarrays247-2009 December 2, 2008 11:50 PM PST
Can''''t we just bring back the death penalty?

Posted by lady54 at 11:39 PM : Dec 02, 2008

LOL...LOL...LOL (I just about fell out of my desk chair when I read your post!!)

I was just thinking about all of the millions of good, law-abiding citizens in our country who can''t get any medical care right now!

I am finding it a little difficult to muster any sympathy for anyone serving time, and it is made more difficult when I am trying to imagine what it must be like not to be able to afford medical care for your family right now!

Perhaps the answer for anyone needing medical care...the trick is to do something to get yourself arrested....then you can get all the free medical care that you need?
Reply to this comment
by mrmeatspin December 3, 2008 1:40 AM PST
liberals has the solution to this problem

LEGALIZE CRIME
Reply to this comment
by mrmeatspin December 3, 2008 1:44 AM PST
AP) Releasing inmates early might be the best remaining option for ensuring that California prisoners receive adequate medical care, a federal judge said Tuesday.

**************

I would say i have a better solution..LOWER THE SALARY OF THESE JUdges to pay for the upkeep...get the names of those liberals who wanted to the best for criminals and terrorists AND LET THEM PAY FOR THIER KEEP..kinda like adopt a criminal programs..no one adopts you..YOU *** KING DIE FOR YOUR CRIMES AGAISNT HUMANITY..you should it as pay per view like those liberal pamela anderson shows and see the revenues go up..
Reply to this comment
by mrmeatspin December 3, 2008 1:46 AM PST
some criminal is going to kill someone pretty soon..and its all because a liberal is unwilling to prioritize the law abiding citizen over a criminal...

I DO NOT MIND VIOLATING THE RIGHTS OF THESE CRIMINALS..

either that or the liberals pay for these people..
Reply to this comment
by spinproof December 3, 2008 2:37 AM PST
Release Inmates To Ease Jail Overcrowding?

Low risk inmates can be released to serve out the remainder of their sentences to "House Arrest" wearing standard GPS ankle monitoring bracelets until they finish serving their time and paying their debt to society. An early release from prison does not need to translate into an early release to freedom!
Reply to this comment
by airboatboy1 December 3, 2008 4:20 AM PST
Hell yeah, turn ''em loose! The more the merrier!
Reply to this comment
by grandesign December 3, 2008 4:41 AM PST
I was just thinking about all of the millions of good, law-abiding citizens in our country who can''''t get any medical care right now!
Posted by Solarrays247 at 11:50 PM : Dec 02, 2008

And the tens of millions which are going to loose it real soon as they get laid off from their jobs. But you know, an investment portfolio that has several medical companies is going to increase in value because medical costs keep rising way above the level of price inflation. More medical costs means more revenues for medical companies, and the stock values increase even more. Medical costs for government agencies like prisions are even higher, so got to put those companies'' stock in the portfolio. Medical costs for life for Congress is getting higher too, I wonder who their medical provider is--got to add that company too.
Reply to this comment
by rf35 December 3, 2008 4:55 AM PST
A return to capital punishment would be a good start to ease overcrowding. You can''t violate the rights of a dead person. Also, expand the death penalty to include lesser crimes such as rape, armed robbery, assault with a deadly weapon, drunk driving, and drug dealing. One trial, one appeal, execution to be carried out immediately following if the conviction stands.
Reply to this comment
by magoo2u1 December 3, 2008 5:14 AM PST
"expand the death penalty to include lesser crimes such as rape, armed robbery, assault with a deadly weapon, drunk driving, and drug dealing"
///////////////////////////////////////////////
Typed by a real morohn. Not possible nor reasonable and you would object loudly when one of your kids is with some ****** that swipes a candy bar and get the chair too. How about some some serious ideas like removing inmates legs so you can triple stack them in existing cells? Now THAT''s a real option!! And the "short" timers would need fewer calories too. Let the dope smokers out and keep the violent ones stacked up in their cells. We could use them to stack the nuclear waste in Yuka mtn when we open it up. When it''s full just seal them up in there with the other waste.
Reply to this comment
by slim1h2o December 3, 2008 5:26 AM PST

I''m all in favor of releasing low level, non-violent drug offenders that have been placed in these prisons by draconian drug laws.

And sooner the better...
Reply to this comment
by juwboy December 3, 2008 5:56 AM PST
Future prison overcrowding was one of the arguments used by opponents of California`s "3 strikes and your out" law passed by initiative in the 1990s.
Reply to this comment
by emmonnier December 3, 2008 7:33 AM PST
First; Provide adequate medical care for all present and former members of the armed forces who are not in prison.
Secondly; Every politician who advocates early release for convicted criminals should be made to have at least two of these people live with them in their own private home while they are being given medical aid.

Side thought; Why can''t medical wings be built onto existing prisons? Create jobs for builders and the medical field.
Reply to this comment
by frankinaz December 3, 2008 8:06 AM PST
It''s about time California address the issue that illegal immigrants are taking up a large part of the space in it''s prisons and jails.
These incarcerated people are also burdening the taxpayers of California millions of dollars each year, yet it''s cities and counties still consider
their municipalities as "Illegal immigrant sanctuaries."
Reply to this comment
by emmonnier December 3, 2008 8:25 AM PST
Good thought about the illegals. Take any that are able enough down south and get them working on the fence between US and Mex. Make that thing atleast 50 feet tall and deep. When they pour the last bit of concrete or put in the last nut and bolt make sure they are all on the southern side of that thing.
Reply to this comment
by libsh8theusa December 3, 2008 10:24 AM PST
I like the fence ideal..

Maybe Ca. should bring back capitol punishment.. If you have more then one life sentence then you die.. That should make for some room..

Between the two.. they should be able to convict a few more people..

Reply to this comment
by bigscruffy1 December 3, 2008 10:27 AM PST
Another aspect to this is societies refusal to belive people can change. Often left with no honest options offenders reoffend.
Reply to this comment
by ozarkbard December 3, 2008 10:27 AM PST
Average sentence for drug-related crime: 10 years
Average sentence for child molestation: 6 years

Averages sentence for burglary: 10 years
Average sentence for rape: 5 years

Starting to get the picture here? Our prisons are overcrowded because we have no REAL standard for sentencing. Although we have it on paper, it''s really down to how much money you can spend on your lawyer.

Our justice system is a FOR PROFIT organization.
Reply to this comment
by hidegirlgcks December 3, 2008 10:30 AM PST
Execute the murderers and rapists, release the one''s that got caught with mere mariqiuana. Start shipping them to other prisons that arent so over crowded. Gather up all the illegals and line them up on the border and they can help start putting that fence up on the border.
Reply to this comment
by buchanan231 December 3, 2008 10:55 AM PST
If these judges rule to reduce the prison population, then the state has vowed to appeal. This could take years, and more human suffering will occur with more deaths and lawsuits.
If this happens, then hopefully the world will know how California deals with this unspeakable act. How they have become murderer''s, how they have violated tons of civil rights. Yes, there are victims, and while there are those who deserve to be punished for their actions, there are just too many in for low level crimes that are suffering, along with thousands of mentally ill. Many have suffered because of the unwillingness of California to do the just and right things. In the past 10 to 20 years, more than 1,000 more felony laws have been enacted. The parole system is a disgrace, sending people to prison for being late for an appointment, flooding our system with "out of control" spending. When is this state going to learn? You have to invest in our children, our future economy, to make any real changes. Instead of paying teachers and counselors, we hired more law enforcement to feed the overly powerful guards union. Most of our corrupt politicians have built their careers off the misery of others.
Reply to this comment
by sunray1171 December 3, 2008 11:55 AM PST
Send all the murderers, child molesters and rapists overseas to fight the war with the understanding that they don''t get to come back. It will save the taxpayers a lot of money too and rid society of excess scum of the earth!
Reply to this comment
by candy-apple December 3, 2008 11:56 AM PST
How sweet, turn the criminals loose because they don''t have adequate medical care? Inmates get better medical treatment than most honest, law-abiding citizens. Oh wait, we as taxpayers foot the bill because it would be inhumane to do otherwise. These people are CRIMINALS!! Why do they get better treatment than other everyday people?? There is something seriously wrong in this country when government worries more about the treatment of criminals than it does about the everyday citizen!!
Reply to this comment
by nascar8de December 3, 2008 12:28 PM PST
Why not send them into Iraq and let our guys come home that are law abiding. If they make it out then they are good to go. Its going to become more of problem, the youth of today don''t care they have no respect for authority, and the court system reinforces this everyday. The medical care makes me laugh I have to decide if I am going to eat keep my heat on or go to the Dr office and hopefully I will get the care I need, oh there is the fact of paying the bill. Overcrowding is a joke they did the crime now do the crime they could have tent city like in AZ. I live in California and see the influx of the illegals every day they have no respect for our law and think we owe them. I believe in rehab of person but they are few and far between.
Reply to this comment
by inketolstoy December 3, 2008 12:32 PM PST
Government logic.

Problem: We have too many prisoners.

Solution: Let some of them go.

That''s a wrap fellas. Let''s go out to lunch with the lobbyists, collect some checks and get ready for the next election.

Does this seem like the mentallity you trust to solve our economic problesm?
Reply to this comment
by xoxo_leena99 December 3, 2008 1:10 PM PST
OMG I cant even believe some of the posts I read. yes there is bad people that deserve to be there. Then there is others that just made a bad decision. You can''t sit there and say that every man in prison is bad. What about the father that kills the man that raped his baby girl? Bad person NO! Bad decision yes. What about the man that breaks the law to protect his family. Bad person NO! Bad decision yes. What about the mother that steals to feed her children because she is that desperate. Bad person NO! Bad decision. I can go on and on about situations like these. What I''m trying to say every one has a story and we are no one to judge. Early releases should be considered. If the state was doing what they are suppose to be doing which is rehabilating the inmates there would not be a high turn around. So you tell me who is to blame here. The system. I think so!
Reply to this comment
by axomomma December 3, 2008 1:17 PM PST
HA HA HA HA HA!!!

I LOVE IT!!!

1)People (I mean those of us on the outside) don''t care if prisoners are overcrowded.
2)Prisoners already get free healthcare that TOO MANY WORKING CLASS don''t get at all!
They get free cable tv, too! Did you know that?
3)Start with the people on Death Row - kill them now before the electricity goes off again!
4)Impose harsher sentencing for repeat offenders - Death Penalty - kill them, too!
5)Send a message to the population - *** up and you will be prosecuted/exectuded.

HA HA HA HA HA HA HA HA!!!
Reply to this comment
by gopack443 December 3, 2008 1:19 PM PST
They could always just release the prisoners that had no victims and shouldn''t have been there in the first place. I don''t see how releasing them will get them medical care however.
Reply to this comment
by gowens1 December 3, 2008 1:38 PM PST
Move them ot Crawford Texas, right next the GWB when he leaves.
Reply to this comment
by lochlan-2009 December 3, 2008 2:14 PM PST
With legislation just passed in Connecticut, that any minor caught with an aerosal can would be fined the first two times and then aressted, I think is a prime example of why this country has more people (1 in 100)in prison than any other country in the world. There is just to much money and power to be made by the courts, judges, lawyers, etc., to stop their greed that incarcerates so many in this country. Make laws that puts everyone in the system, and they get paid. It''s not hard.
Reply to this comment
by frankcourser December 3, 2008 2:37 PM PST
It is time we come to terms about our sentencing laws in Califorina. We passed the toughest law in the nation "Three Strikes" that has not reduced crime anymore than non three strikes states! What we did was give life sentences to drug users and shoplifters.Today 1/4 of the prison population are strikers serving double time or life sentences.The governor appointed board of prison hearing won''t even release 85 year old ladies that never harmed anyone! There are thousands of inmates that have served long past their sentences! The parole system keeps the revolving door moving because parole officers belong to the same union as prison guards!Big conflict of intetrest! The prison guards and DA''s use fear to make the public believe there is a danger in releasing old elderly inmates or non-violent offeders caught in the net of three strikes!All this is done to keep their budget bloated and pay high! Voters are being extorted by those that claim to keep you safe! It is all about greed and profit!It is an industry that profits from your fear!
Reply to this comment
by xoxo_leena99 December 3, 2008 3:32 PM PST
frankcourser

well said.. i agree with you! its all a game and the thing is lives of human beings are being played with. the sentence should fit the crime bottom line. california got in over their heads with the 3 strikes law. now they want cant even man up to the big problem that has caused. its time to fix the problem not just put a band aid over it and say its fixed. people on the outside should care, why? because we are the ones paying for this. why pay thousand of dollars to have someone in prison for years when there crime was non violent. common people our schools would benifit more with that money.
Reply to this comment
by arnoldbowers December 3, 2008 6:10 PM PST
My only fear here is the counties and cities will let illegal aliens go first and not worry about them they could all be realeased and sent home and this would save a lot of money but each realeased should be put to sleep and a dna chip installed while out and then they could keep tabs on them when they are gone and make sure they do not come back. Frank
Reply to this comment
by arnoldbowers December 3, 2008 6:14 PM PST
Just ship out all illegals aliens and all aliens of just granted American Citizenship ship them out as well as for child molesters just put the needle to them and spousal abuse needle them as well not on the second trip but on the first trip they are not worthy of American life as we know it. Frank
Reply to this comment
by mrmeatspin December 4, 2008 6:26 PM PST
give it time..these liberals in california WOULD SOLVE THIS by LEGALIZING crime
Reply to this comment
by mrmeatspin December 4, 2008 6:28 PM PST
Move them ot Crawford Texas, right next the GWB when he leaves.


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Posted by REPUBLISCUMS at 01:38 PM : Dec 03, 2008
+ report abuse


******

the get dealt with there..they rather be in liberal san francisco OR ANYWHERE IN LIBERAL CALIFORNIA where they have MORE RIGHTS than victims..AND THEY GET TREATED LIKE ROYALTY..
Reply to this comment
by cockamammy December 4, 2008 7:44 PM PST
xoxo_leena99 and frankcourser are correct: The justice system is profit driven and thus wholly corrupt. The problem exists not only in CA but throughout the nation. CA only escalated their woes but creating a stupid law like the 3 strikes law. It is a revolving door system that pays the salaries of the judges, the guard unions, the corrections industry lobbyists, the police, the probation officers, the drug testing labs and everyone else associated with this immoral trade. To be honest, NOTHING will change until people see through this veil of deceit and finally demand the end of the prison for profit system.
Reply to this comment
by mrmeatspin December 4, 2008 11:07 PM PST
if the liberal masses in BROKE california finds out how much money they are ''throwing in the firepit'' on death row inmate..

Reply to this comment
by mrmeatspin December 4, 2008 11:08 PM PST
when liberals said its cheaper to KEEP DEATH ROW INMATES for life than executing the law..

well we will see how far that conviction goes when they cannot get the most basic services..
Reply to this comment
by kansas1946 December 5, 2008 12:31 AM PST
Just release prisoners that are there for non-violent drug offenses and you will have plenty of room.
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