International Law

Court Orders California to Cut Prison Population

By John Hirst

"The California prison system must reduce overcrowding by as many as 55,000 inmates within three years to provide a constitutional level of medical and mental health care, a federal three-judge panel tentatively ruled Monday.

Relying on expert testimony, the court ruled that the California prison system, the nation?s largest with more than 150,000 inmates, could reduce its population by shortening sentences, diverting nonviolent felons to county programs, giving inmates good behavior credits toward early release, and reforming parole, which they said would have no adverse impact on public safety. The panel said that without such a plan, conditions would continue to deteriorate and inmates might regularly die of suicide or lack of proper care.

?The evidence is compelling that there is no relief other than a prisoner-release order that will remedy the unconstitutional prison conditions,? the panel said in its tentative ruling.

The California attorney general, Jerry Brown, vowed to appeal the ruling.

?This order, the latest intrusion by the federal judiciary into California?s prison system, is a blunt instrument that does not recognize the imperatives of public safety, nor the challenges of incarcerating criminals, many of whom are deeply disturbed,? Mr. Brown said in a statement.

?The court?s tentative ruling is not constitutionally justified,? he said. ?Therefore, the state will appeal directly to the U.S. Supreme Court when the final order is issued.?

The court supported its argument by citing Gov. Arnold Schwarzenegger?s own support for prison reforms, which he has said would reduce the population by about 40,000 inmates.

?We cannot believe that such support would exist if the adoption of such measures would adversely affect public safety,? the court ruled".

I wonder what knee-jerk Jack Straw will have to say about that? It's about time such a ruling was handed down in our courts.

Full post as published by prisonlawinsideout on February 10, 2009 (boomark / email).