Thread: Hearing exposes rifts over solving Calif . prison crisis

May 30, 4:04 PM EDT


Hearing exposes rifts over solving Calif. prison crisis

By DON THOMPSON
Associated Press Writer







SAN FRANCISCO (AP) -- The seemingly endless effort to solve California's prison overcrowding will get even more complicated Friday when a panel of federal judges is presented with a settlement proposal that already appears to be falling apart.

A court-appointed referee outlined the proposed settlement last week, calling for a gradual reduction in the state's inmate population by 2011.

That plan, as originally outlined, tried to strike a balance: It would avoid an immediate early release of inmates by seeking alternate punishments for some offenders, diverting parole violators to treatment programs and making more prisoners eligible for programs that could shave time off their sentences.

Critics say it has been changed quietly since it was announced on May 19, setting up what is likely to be a divisive hearing before the three-judge panel in federal court.

The settlement proposal has been criticized by Republican state lawmakers who could try to block any deal. It also was failing to win support from local law enforcement and county officials, who fear they would end up caring for criminals who otherwise would be sent to state prisons.

"The settlement appears to be dead on arrival," said state Sen. Mike Machado, D-Linden, who has his own concerns about the plan.

The stakes for the state are high: The federal courts could order an immediate release of tens of thousands of inmates or a cap on the prison population, something lawmakers and law enforcement groups want to avoid.

At the same time, the proposed solutions will cost billions as the state faces a $15.2 billion deficit and cuts to basic services.

Court-appointed referee Elwood Lui, a former state appeals court judge, described his proposal last week as a way to avoid capping the prison population and releasing inmates before they complete their full sentences.

The issue is before the federal courts because of a series of lawsuits related to inmate medical care, mental health treatment and other services that have suffered as the state's prison system has become ever more crowded. The 33 state prisons hold 170,000 inmates, about 70 percent over capacity.
Republican lawmakers and law enforcement officials said Lui's settlement was changed this week in a way that could allow the early release of inmates if the state is unable to reduce the prison population sufficiently by 2011. The target inmate number would be set by a panel that has yet to be created.

Republicans said the changes also create the potential for less parole supervision of ex-convicts, something not in the version Lui outlined May 19.

They said the latest proposal would give the state corrections secretary discretion to increase early release credits and put more criminals into drug treatment, mental health or other diversion programs.

"They snuck in early release. They snuck in summary parole," said Assemblyman Todd Spitzer, R-Orange, who has been involved in the ongoing talks. "It changed things dramatically."

Sen. George Runner, R-Lancaster, said objections to the settlement persuaded Republican state senators to defeat a bill this week that would have borrowed $7 billion for new medical and mental health facilities.

That money was demanded by a federal receiver who has been appointed to oversee medical care in the prison system. The bill's defeat means a federal court judge could order the money be taken directly from the state treasury.

Runner said there are too many questions about the various fixes in the works for the state prison system and whether they will be coordinated. Those fixes include:

- The proposed settlement on overcrowding that is the subject of Friday's hearing.

- The $7 billion proposal for improved medical service.

- And a plan the Legislature approved last year to spend $7.4 billion in bonds to build 53,000 new prison and jail beds.

"There are just a lot of parts and pieces that are just not cooked," Runner said.

Lawyers representing police chiefs, county sheriffs, probation officers, district attorneys, Gov. Arnold Schwarzenegger's administration and inmates' rights attorneys were expected to ask the three-judge panel for more time to continue negotiations.

At the same time, attorneys representing inmates plan to ask the judges to schedule a trial. They want the courts to determine whether severe crowding is stalling efforts to improve conditions for inmates.

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You would think with 4 to 6 million illegals they would start deporting all convicts and jailbirds .



http://hosted.ap.org/dynamic/stories/C/ ... TE=DEFAULT

You would think with 4 to 6 million illegals they would start deporting all convicts and jailbirds .

Oh come on, that makes too much sense. Probably they will let out rapists and murderers, send them to college, after a PetScan for diseases, give them an apartment, food stamps, a car to drive, (without their license,) and a massage to lessen the stress of their imprisionment. Just be thankful that Arnold can't run for President!

WorriedAmerican said

Oh come on, that makes too much sense. Probably they will let out rapists and murderers, send them to college, after a PetScan for diseases, give them an apartment, food stamps, a car to drive, (without their license,) and a massage to lessen the stress of their imprisionment. Just be thankful that Arnold can't run for President! [/quote]

Arnoldo the magnificent is a JOKE .