12 months ago
SACRAMENTO (AP) -- A special panel of federal judges has tentatively ruled that California will have to release tens of thousands of inmates to relieve overcrowding.
The judges say no other solution will improve conditions so poor that inmates die regularly of suicides or lack of proper care.
They say the state can cut the population of its 33 adult prisons through changes in parole and other policies without endangering public safety.
The three judges did not set a final population figure, saying that will come later.
In Monday's tentative ruling, they said they want the state to present a plan to trim the population of the nation's largest state prison system in two to three years.
Reaction
"Obviously, the governor and I strongly disagree," said Michael Cate, Director of the California Department of Corrections and Rehabilitation, in a late afternoon news conference. "With the panel's tentative ruling it would result in the release of between 37 and 58,000 inmates onto California streets. That's the equivalent of seven to 10 California prisons. We believe it poses a significant threat to public safety. Moreover, if this panel issues a final decision, we will appeal this matter to the United States Supreme Court."
The state has the right to respond to the ruling. There is no word at this time when the ruling could become permanent.
Seth Unger, spokesman for the CDRC, said in order to comply with the order, it would be very difficult not to have to release some violent offenders. Unger said CDRC would try to determine a formula to release those considered less violent and those with less time left to serve on their sentences.
State Attorney General Jerry Brown promised an appeal to the nation's highest court if the order was made final.
"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.
There is no doubt that there is room for improvement. But significant progress has been made and is continuing to be made at a cost of billions.
The court's tentative ruling is not constitutionally justified. Therefore, the state will appeal directly to the U.S. Supreme Court when the final order is issued," wrote Brown in a news release.
California's adult prisons house 155,000 inmates. CDRC says the prisons were designed to hold 85,000.
The Associated Press
