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24 May 2011 10:46

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U.S.: The logistics of Supreme Court’s California prison overcrowding case

  • The gates of California prisons aren’t going to be opened, and 30,000 prisoners aren’t going to walk out tomorrow. The court ordered a very slow, conscientious process that gives state prison and law enforcement officials compete discretion on how to accomplish it.
  • Prison Law Office attorney Don Spector • Pointing out that the process of releasing 30,000 prisoners in California might be a bit … complicated. There are some ideas, though, including having short-term non-violent offenders serve at the county level rather than the state level, which might ease the prison system’s burden. Gov. Jerry Brown signed that plan in April. Unfortunately, that plan hasn’t received funding from the state due to disagreements with the legislature on the issue. Other options: Finding a different way to fund the state-to-county thing, coming up with a new plan — or shipping off prisoners to other states. The state has shipped around 10,000 California to nearby states like Arizona, Oklahoma or Mississippi (wait, that’s not nearby!), and they might increase the number, based on the Supreme Court’s decision. Either way, this is a logistics nightmare. source

23 May 2011 15:42

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U.S.: SCOTUS rules CA prisons unconstitutionally overcrowded

  • “Incompatible with the concept of human dignity”: So said Justice Anthony Kennedy, writing for the 5-4 Supreme Court majority that ruled California’s state prison system is so overcrowded that they say it violates constitutional rights (the level of health services available to inmates who sorely need them has been a relevant issue of late). As such, the ruling may force the state to release nearly 40,000 prisoners. “The release of prisoners in large numbers … is a matter of undoubted, grave concern, yet so too is the continuing injury and harm resulting from these serious constitutional violations,” said Kennedy. source