Thursday, May 23, 2013
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Brown challenges court oversight of Calif prisons

Jerry Brown

Gov. Jerry Brown displays the proclamation he signed declaring the end to the prison overcrowding emergency, during a news conference at the Capitol in Sacramento, Calif., Tuesday, Jan. 8, 2013. Brown is challenging a federal court order for California to reduce its inmate population and is calling for federal judges to return control of prisons to the state. Brown's proclamation will allow the state to phase out the use of private out-of-state prison beds for California inmates starting in July of 2013.(Photo/Rich Pedroncelli)

SACRAMENTO — Declaring that California’s long-running prison crisis is over, Gov. Jerry Brown on Tuesday challenged a federal court order to reduce the inmate population, saying the state has done all it can to relieve overcrowding and improve health care.

Meeting further demands by the courts, he said, would require ignoring state sentencing laws and would put the public at risk by releasing violent offenders.

As a result, Brown urged the judges to end court oversight of inmate medical and mental health care, and vowed to press his fight to the U.S. Supreme Court if necessary.

“There’s no question that there were big problems in California prisons,” the Democratic governor said at a Capitol news conference. “After decades of work, the job is now complete.”

Attorneys representing inmates disputed his claim, asserting that inmates are still needlessly dying of neglect, and mentally ill inmates still go untreated — even as conditions have improved.

Such dismal conditions prompted mentally ill inmates to sue the state in 1991; sick inmates to sue in 2001; and a panel of federal judges to order the state to reduce the population of its 33 adult prisons by about 33,000 inmates by June.

The 2009 order was upheld by the nation’s high court in 2011.

The state won’t meet that deadline, despite sending thousands of less-serious offenders to local jails under a 14-month-old state law designed to reduce crowding and prison spending. The change has reduced California’s inmate population so much that Texas now has more inmates, even though that state has about 9 million fewer residents than California.

Corrections officials calculate that as many as 2,800 third-strike, career criminals could be released after California voters approved Proposition 36 in November.

Previously, state law required sentences of 25 years to life for anyone convicted of a third felony. The recent initiative retroactively changed the law to require the third strike to be a violent or serious felony.

Brown argued the state can’t do more without endangering public safety, and shouldn’t have to comply with an arbitrary cap.

His administration said in court documents filed overnight Monday that it could comply with the court’s current population cap only if the court waives numerous state laws and “orders the outright early release of inmates serving prison terms for serious and violent felonies.”

State sentencing laws would also have to be changed, and inmates who would normally serve nine months or less in state prison would have to spend their time in county jails, the documents state.

The state also could lower the threshold for sending inmates to firefighting camps, expand work furlough, restitution centers and alternative custody programs, and keep more inmates in private prisons in other states.

Attorneys representing inmates said the state could adopt those changes without endangering the public, while saving money. Spending more on prisons means less money for other needs such as public schools, said Allen Hopper, director of criminal justice and drug policy for the American Civil Liberties Union of California.

“Make no mistake about it: Releasing prisoners who were convicted of serious and dangerous crimes is not in the public interest,” Brown said.

The federal judges who issued the order previously said they were not willing to consider lifting the population cap or delay the state’s deadline for meeting it beyond December.

Inmates now receive better care in a “gold plate” prison system than they do on the street, Brown argued, after the state spent billions of scarce dollars to build new prisons and new mental and medical health facilities, and to hire hundreds of new employees at salaries that often outpace what is available in the private sector.

A federal judge is already moving slowly to end a court-appointed receiver’s control of prison medical care because of improved conditions, Brown noted.

Brown has ended a 2006 emergency proclamation by former Republican Gov. Arnold Schwarzenegger that let the state send thousands of inmates to private prisons in other states. Brown’s move cleared the way for them to be returned to California starting in July.

“California is a powerful state. We can run our own prisons. And by God, let those judges give us our prisons back. We’ll run them right,” Brown said.

The Associated Press

The Associated Press

LEAVE A COMMENT

Discussion | No comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • Recent Posts

  • Enter your email address to subscribe and receive notifications of new posts by email.

  • .

    Solano News

    Longtime Travis teacher passionate about education

    By Susan Winlow | From Page: A1 | Gallery

     
    Proponents still pursue Lynch Canyon expansion

    By Barry Eberling | From Page: A1

    Little sister comes to the rescue

    By Angela Borchert | From Page: A2

     
    State includes Solano in school construction projects

    By Danny Bernardini | From Page: A3

    Real McCoy II Ferry down for maintenance

    By Danny Bernardini | From Page: A3

     
    Frazier names Rio Vistan as award recipient

    By Danny Bernardini | From Page: A3

    Fairfield police will soon wear cameras

    By Danny Bernardini | From Page: A3

     
    Frazier to meet with public at farmers market

    By Danny Bernardini | From Page: A3

    Egg hatches 26 days after mother duck dies

    By Amy Maginnis-Honey | From Page: A3

     
    Backyard fire damages Fairfield home

    By Ian Thompson | From Page: A3 | Gallery

     
    Fairfield police log Tuesday, May 21, 2013

    By John Glidden | From Page: A12

    .

    US / World

    School storm protection is spotty in tornado zones

    By The Associated Press | From Page: A1

     
    4 Americans killed since 2009 in US drone strikes

    By The Associated Press | From Page: A1

    One block: How neighbors saw twister’s deadly path

    By The Associated Press | From Page: A1

     
    Brutal attack in London heightens terror fears

    By The Associated Press | From Page: A1

    Oklahoma tornado damage could top $2 billion

    By The Associated Press | From Page: A1

     
    Intercontinental missile test-launched in Calif.

    By The Associated Press | From Page: A4

    UC hospitals in second day of worker walkout

    By The Associated Press | From Page: A5

     
    Injured volunteer seeks payment from lost hiker

    By The Associated Press | From Page: A5

    Union power at issue as Garcetti elected LA mayor

    By The Associated Press | From Page: A5

     
    Boy Scout leaders to vote on lifting gay ban

    By The Associated Press | From Page: A6

    Man shot to death while questioned in Boston probe

    By The Associated Press | From Page: A6

     
    Key House chairman slams Senate immigration bill

    By The Associated Press | From Page: A6

    Broke no laws, IRS official says _ then takes 5th

    By The Associated Press | From Page: A6

     
    House panel moves to curb military sexual assaults

    By The Associated Press | From Page: A6

    IAEA report: Iran expands nuclear technology

    By The Associated Press | From Page: A10

     
    Polish man gets quick face transplant after injury

    By The Associated Press | From Page: A10

    Kerry: US, allies ready to step up aid to rebels

    By The Associated Press | From Page: A10

     
    Egypt leader claims victory in captives’ release

    By The Associated Press | From Page: A10

    Global, local issues for Iran in upcoming election

    By The Associated Press | From Page: A10

     
    Iran’s Ahmadinejad looks to outsider options

    By The Associated Press | From Page: A10

    .

    Opinion

    Apple’s tax avoidance is legal but rotten

    By Scripps Howard News Service | From Page: A11

     
    Garamendi offers no hope to save delta

    By Letter to the Editor | From Page: A11

    Editorial Cartoons for May 23, 2013

    By Daily Republic Syndicated Content | From Page: A11

     
    The egg on Heritage’s face

    By Ruben Navarrette | From Page: A11

     
    2 measly years for a man’s life?

    By Kelvin Wade | From Page: A11

    .

    Living

    Today in History for May 23, 2013

    By The Associated Press | From Page: A2

     
    Community calendar Thursday, May 23, 2013

    By John Glidden | From Page: A2

    Horoscopes for May 23, 2013

    By Holiday Mathis | From Page: A9

     
    .

    Entertainment

    TVGrid

    By Daily Republic Syndicated Content | From Page: B5

     
    Obama to honor Carole King at White House concert

    By The Associated Press | From Page: A7

    ‘Idol’ winner rolling out debut album in July

    By The Associated Press | From Page: A7

     
    Jennifer Lopez to open cellphone stores

    By The Associated Press | From Page: A7

    Blake Shelton putting together Okla. benefit show

    By The Associated Press | From Page: A7

     
    Fox show brings messy workplaces to television

    By The Associated Press | From Page: A7

    .

    Sports

    Bumgarner rebounds from tough outing

    By The Associated Press | From Page: B1

     
    A’s miss chances in 3-1 loss to Rangers

    By The Associated Press | From Page: B1

    WR Crabtree tears right Achilles tendon

    By The Associated Press | From Page: B1

     
    Sharks building momentum against Quick’s LA Kings

    By The Associated Press | From Page: B1

     
    Visconti takes 2nd solo victory in 17th Giro stage

    By The Associated Press | From Page: B2

    Bears LB Urlacher announces his retirement

    By The Associated Press | From Page: B2

     
    Source: Coach K returning to US men’s team

    By The Associated Press | From Page: B2

    Rodriguez’s Balancio fourth in SJS badminton tourney

    By Daily Republic staff | From Page: B2

     
    Woods: Garcia comment hurtful, time to move on

    By The Associated Press | From Page: B2

    LeBron saves Heat at buzzer of Game 1

    By The Associated Press | From Page: B2

     
    Woodson overwhelmed by Raiders fans

    By The Associated Press | From Page: B2

    Jim Harbaugh to drive Indianapolis 500 pace car

    By The Associated Press | From Page: B2

     
    Young drivers give IndyCar solid foundation

    By The Associated Press | From Page: B3

    Local sports for Thursday, May 23, 2013

    By Daily Republic staff | From Page: B4

     
    Sports on TV for Thursday, May 23, 2013

    By Daily Republic staff | From Page: B4

    .

    Business

    Bernanke signals Fed to maintain stimulus efforts

    By The Associated Press | From Page: B5

     
    US home sales tick up to highest in 3 ½ years

    By The Associated Press | From Page: B5

    On top of big salaries, companies pile on perks

    By The Associated Press | From Page: B6

     
    .

    Obituaries

    Nita Luna Haber

    By Brad Stanhope | From Page: A4

     
    Marcius ‘Ed’ Gates

    By John Glidden | From Page: A4

    Camilo Marzan

    By John Glidden | From Page: A4

     
    Maurice E. Epps

    By John Glidden | From Page: A4, 1 Comment

    Jeffrey E. Woodhouse

    By John Glidden | From Page: A4

     
    .

    Comics

    Blondie

    By Daily Republic Syndicated Content | From Page: A8

     
    Frank and Ernest

    By Daily Republic Syndicated Content | From Page: A8

    Beetle Bailey

    By Daily Republic Syndicated Content | From Page: A8

     
    Wizard of Id

    By Daily Republic Syndicated Content | From Page: A8

    Baldo

    By Daily Republic Syndicated Content | From Page: A8

     
    Peanuts

    By Daily Republic Syndicated Content | From Page: A8

    For Better or Worse

    By Daily Republic Syndicated Content | From Page: A8

     
    Get Fuzzy

    By Daily Republic Syndicated Content | From Page: A8

    Fort Knox

    By Daily Republic Syndicated Content | From Page: A8

     
    Rose is Rose

    By Daily Republic Syndicated Content | From Page: A8

    Garfield

    By Daily Republic Syndicated Content | From Page: A8

     
    B.C.

    By Daily Republic Syndicated Content | From Page: A8

    Pickles

    By Daily Republic Syndicated Content | From Page: A8

     
    Sally Forth

    By Daily Republic Syndicated Content | From Page: A8

    Zits

    By Daily Republic Syndicated Content | From Page: A8

     
    Dilbert

    By Daily Republic Syndicated Content | From Page: A8

    Word Sleuth

    By Daily Republic Syndicated Content | From Page: A9

     
    Bridge

    By Daily Republic Syndicated Content | From Page: A9

    Sudoku

    By Daily Republic Syndicated Content | From Page: A9

     
    Cryptoquote

    By Daily Republic Syndicated Content | From Page: A9

    Crossword

    By Daily Republic Syndicated Content | From Page: A9