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February 13, 2009
Tell governor Schwarzenegger not to appeal prison population cap!
Dear FCL Supporter,
While we await details of state budget negotiations and passage of the federal stimulus bill, an important event that FCL has been following for years took place earlier this week.
A federal three-judge panel tentatively ruled that prison overcrowding is the primary cause of the state's inability to deliver health care and mental health services that meet constitutional standards to prisoners. Both prison health care and mental health care have been under court supervision for years (decades in the case of health care), and despite some improvements, the court said ". . . many of these achievements have succumbed to the inexorably rising tide of population." California's prison population is at 195 percent of capacity. Many prisoners are triple-bunked in gymnasiums and hallways. Pictures of the triple bunking have been likened to historical drawings of slaves cramped in the cargo holds of slave ships.
The three-judge panel has ordered that the prison population be capped at 120 percent to 145 percent of design capacity within a period of two to three years. This would require the release of up to 57,000 prisoners. The court ruling cited evidence-based reforms to safely reduce the prison population proposed by numerous experts (including the governor's own Independent Review Panel) and made reference to the governor's own proposed reforms. These include parole reforms, giving prisoners more opportunities to earn early release credits, rehabilitation programs that reduce recidivism and keeping prisoners convicted of low-level offenses under the jurisdiction of counties.
Not surprisingly, some public officials have resorted to fear mongering and attacked the tentative ruling as the product of liberal judges. A California Department of Corrections and Rehabilitation (CDCR) spokesperson said the ruling would ". . . amount to us having to open the doors of seven to ten prisons of our prisons and letting out all of the inmates. It would certainly jeopardize public safety. . . ." Attorney General Jerry Brown, a candidate for governor in 2010, released a statement saying, "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."
The state is certain to appeal the panel's final ruling directly to the U.S. Supreme Court. This, despite the fact that Governor Schwarzenegger declared a state of emergency in 2006 because of severe overcrowding which has caused "substantial risk to the health and safety of the men and women who work inside these prisons and the inmates housed in them."
The state cannot have it both ways. When faced with the prospect of early releases, the state argues that receivership is bringing prison health care up to constitutional standards; yet, Governor Schwarzenegger and Attorney General Brown have argued to terminate federal receivership of prison health care.
Rather than playing politics, Governor Schwarzenegger should accept the three-judge panel's final ruling. Fear mongering is directly responsible for the Legislature's inability to manage our prisons. As a result, the courts have found it necessary to intervene. The three-judge panel has given our elected officials a way out of this mess.
Click here to read the panel's tentative ruling .
TAKE ACTION NOW!
- Contact Governor Schwarzenegger and ask him not to appeal the three-judge panel’s ruling.
- Tell him you know that the court is not proposing a one-time, massive, early release.
- Remind the governor that possible remedies cited by the tentative ruling mirror his own proposals.
- Remind the governor of his own emergency declaration on prison overcrowding.
Letters should be addressed to:
Governor Arnold Schwarzenegger
State Capitol
Sacramento, CA 95814
Phone: (916) 445-2841
Fax: (916) 558-3160
Sincerely,
Jim Lindburg
Legislative Advocate
Friends Committee on Legislation
717 K Street, Suite 500-B
Sacramento, CA 95814
Ph: (916) 443-3734
Fax: (916) 448-6109
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