Friday, 18 June 2010 06:22

Supreme Court Considers Legality of Federal Order

slide2-supreme_court_considers_legality_of_federal_order.pngAmador County – The U.S. Supreme Court is considering the legality of a three-judge panel’s decision to put a cap on prison populations in California. The nation’s highest court agreed Monday to hear an appeal by the Schwarzenegger administration to reconsider whether the federal judiciary can force a reduction in population in order to improve inmate health care. “We continue to believe federal judges do not have the authority to order the early release of prisoners in our state,” said the governor in a statement. “California should be able to take action on its own to keep its citizens safe without interference from the federal courts.” The special federal court panel ordered the ruling last year, saying current overcrowding conditions are unconstitutional and amount to “cruel and unusual punishment.” They ordered California to reduce its prison population by nearly a quarter in two years. The Governor tried to address the court’s order last November by proposing a series of steps, including construction of new prison space, shortening sentences, the early release of non-violent offenders, and shipping some inmates out of state or to county jails. The state legislature passed a trimmed-down plan, but the panel said it did not go far enough to reduce overcrowding. That plan is on hold while the state pursues the appeal. Mule Creek State Prison near Ione is a prime example of the conditions that led to the panel’s decision. For years now, inmates there have been sleeping in three-tiered bunks in the gymnasium. The facility was originally built for 1700 inmates, but currently is holding over 4000. California’s prison population is now about 158,000, well above the 84,000 for which it was designed. Opponents of the panel’s decision worry what will happen if the Supreme Court decides to uphold the ruling. Tuolumne County Sheriff Jim Mele, who presides over the region near the Sierra Conservation Center, wonders who will take over the monitoring of parolees. Supporters of the decision say the estimated $35,000 it costs to house an inmate for one year is money being thrown away, and there has been no reduction in the crime rate. The Supreme Court will hear oral arguments on the population cap this fall, with a ruling expected by early next year. Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.