SAN FRANCISCO, Dec. 2, 2008
Release Inmates To Ease Jail Overcrowding?
California Judge Proposes Early Release In The Face Of Medical Neglect Lawsuits
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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)
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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See all 39 Commentswell we will see how far that conviction goes when they cannot get the most basic services..
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Posted by REPUBLISCUMS at 01:38 PM : Dec 03, 2008
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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..
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.
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!!!
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?
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.
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