Federal judges refuse to delay California prison-overcrowding order

By Howard Mintz Posted: 09/03/2009 02:39:29 PM PDT A three-judge federal court panel has refused California's bid to hold off on coming up with a plan to release more than 40,000 inmates from the state's prison system, forcing the state to keep working on clearing its prisons while pressing an appeal to the U.S. Supreme Court.
"This court has been more than patient with the state and its officials," the judges wrote in an order today. "Further delays and obstruction will not well serve the people of the state, and will not be tolerated by this court."
Gov. Arnold Schwarzenegger' s administration earlier this week asked the unique three-judge panel to stay its Aug. 4 order requiring state officials to devise a plan to shed more than 40,000 inmates from the prison population to bring the prison system into compliance with constitutional standards. In court papers, California Attorney General Jerry Brown argued the order should be put on hold while the state appeals to the U.S. Supreme Court. But the judges were unmoved. In their order today, they stressed that they've required the state to present a plan within 45 days to reduce the prison population, but have not set a deadline for beginning to put the plan into effect. The judges told the state it is in the "public interest" to come up with a plan quickly, regardless of the outcome of the appeal to the Supreme Court. In response to the court's latest order, Brown's office filed a notice that they plan to immediately appeal the case to The judges' order concluded that California's prisons are so overcrowded that the state can no longer provide adequate medical and mental health care to the more than 150,000 inmates, violating the U.S. Constitution' s ban on cruel and unusual punishment.
State officials maintain the federal court overstepped its authority in ordering an inmate release plan, and that it raises unprecedented issues for the Supreme Court.
The Legislature and governor have been struggling for weeks to agree on a plan to deal with the prison overcrowding crisis and trim $1.2 billion from the corrections department's budget, which was expected to be part of the overall plan to close the state's budget deficit this summer.

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