Release Inmates To Ease Jail Overcrowding?

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

(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.

[kansas1946]

Just release prisoners that are there for non-violent drug offenses and you will have plenty of room.

[mrmeatspin]

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..

[mrmeatspin]

if the liberal masses in BROKE california finds out how much money they are ''throwing in the firepit'' on death row inmate..

[cockamammy]

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.

[mrmeatspin]

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


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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..

[mrmeatspin]

give it time..these liberals in california WOULD SOLVE THIS by LEGALIZING crime

[arnoldbowers]

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

[arnoldbowers]

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

[xoxo_leena99]

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.

[frankcourser]

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!