Lawyers for California prison inmates will ask a three-judge federal court on Thursday for an order releasing some prisoners, saying there is a danger the COVID-19 coronavirus could “spread like wildfire” among inmates and staff in the state’s crowded prisons.
The motion was filed last week in two long-running prison overcrowding cases filed in federal court in San Francisco in 2001 and federal court in Sacramento in 1990.
In 2011, the U.S. Supreme Court upheld a three-judge panel’s order that the prison population must be reduced to correct “grossly inadequate health care” that violated constitutional standards.
In the new motion, the prisoners ask for orders reducing the prison population in order to achieve social distancing, as well as releasing or relocating prisoners who are at low risk for criminal conduct but high risk for severe illness or death from the virus.
Attorneys for the inmates wrote, “The system is far too crowded.
The prisons house tens of thousands of people in crowded dormitories where they live, sleep, and bathe within feet — sometimes inches — of each other.”
In a response filed on Tuesday, Gov. Gavin Newsom’s administration said it is already taking “immediate, bold and appropriate steps” to protect prisoners and staff, and asked the court not to interfere with the executive branch’s work at a time of crisis.
Those steps include the planned early release of about 3,500 non-violent inmates who are close to release dates, suspending intake of new prisoners from county jails and moving about 500 inmates to other prisons with unoccupied spaces, state lawyers said in the brief.
State lawyers wrote, “This court must not accept plaintiffs’ invitation to substitute its judgment for that of a co-equal branch, which is far better positioned to respond to this unprecedented emergency.”
The state currently houses about 114,000 prisoners in its 35 adult institutions, according to the brief.
The panel will be made up of 9th U.S. Circuit Judge Kim Wardlaw of Pasadena, U.S. District Judge Jon Tigar of Oakland, and U.S. District Judge Kimberly Mueller of Sacramento. They are replacing the three judges on the original panel, who have retired or passed away.
A federal law, the Prison Litigation Reform Act, requires that a court order for reduction of prison population can be made only by a three-judge panel.
36 comments
” … they live, sleep, and bathe within feet — sometimes inches — of each other.”
When those inches and feet comprise concrete, I think they may be safer there. Increased time in lockdown would be beneficial.
Did they promise to be good and behave themselves?
and they all said they found jesus too
Gavin Newsom’s administration said it is already taking “immediate, bold and appropriate steps..
Yep, like letting murderers out on the streets. Thanks Newsome.
Hey the Snowflakes are 100% behind this insanity. Next CA will be the new NYC where we don’t even bother to arrest anyone and sex offenders in lockups than citizens with no criminal record. Yep, completely insane!
They didn’t get there for singing too loud in church. To get in state prison they have to be pretty hard core .
A lot of inmates don’t want to be out. They have a bed, three meals, medical care, discipline….
The inmates are running the asylum
What could possibly go wrong?
Uhhhhhhhh……pretty sure they are already quarantined. Not sure how “sheltering-in-place” among us is going to help them. Notice, it’s all about them and Never about us.
Boil Them ! that will get rid of the germs.
Other states are ordering people to stay indoors and may be arrested in violation. How can this be??
They should have thought about that when they committed their crimes. Jail isn’t supposed to be a happy place.
But it is not supposed to be a lethal place either. Let these people free.
Concord ygnacio has thrown their common sense away.
Sorry, they and WE are Safer right where they are.
Please Stop embarrassing yourself.
Releasing 3500 inmates to go where? Will they be tested and test negative? Are they NOT going to release them unless their families take them in? I suggest the Lawyers for California prison inmates and the three judges take them in and be responsible for them sheltering in place.
If they are are put up in hotels & apartments at taxpayer expense, I’m pretty sure someone just released from prison is not going to do a voluntary lock-down as the law abiding citizens are doing. Please, someone explain the follow up plan for this release.
County Jails maybe. But prisons are safe as long as they don’t bring in any more inmates from the outside. Anyway, did they think about their victims civil rights when they committed crimes?
Problem with that is CDCR was way late on not allowing family visits. So inmates have been expose to family members and staff.
what is the D.O.J’s definition of non violent criminal? and why would anyone just release them because of an epidemic, i like to think that just because someone is labeled as a non violent criminal,doesn’t mean he wont be??, still hes a criminal.
This was April fools joke ?!? How horrible for their victims even if it’s non-violent, there’s a victim…
I highly doubt you all really know what occurs in these prisons concerning bacteria and viruses, at all. Just last year, California healthcare facility in Stockton which holds sick prisoners had a deadly bacteria outbreak coming from the water within the prison, not the prisoners, to my knowledge they obviously were not prepared, yet most outbreaks that occur in CA prisons are rarely reported on; I believe Ione state prison had an outbreak of some sort that made the news with minimal media coverage; oh and of course the warden at that prison was investigated by the FBI for corruption. Itis the reality of it, yet thought I’d share and enlighten you all.
I am in no way in favor of release..
Point to Ponder:
Think of a prison kinda like a cruise ship; 1 infected = @ all infected
Ha. Nope.
They committed a crime in order to be there. No way they should be let out. Let them ride out this virus like the rest of us….in isolation.
Giddyup is correct. Only very serious criminals go to state prison now. A career criminal can be serving a felony sentence for their 10th car theft and they only go to county jail. No easy answers.
Here’s what you need to know.
Calif. Gov. @GavinNewsom: Coronavirus an opportunity to create a new “progressive era”
“We see this as an opportunity to reshape the way we do business and how we govern.”
@DaTruth, doesn’t take a genius to know housing people in close proximity with any infectious illness makes it close to impossible to keep others from infection.
But your not gonna get anyone to feel sorry for inmates except their families, and that’s only if they aren’t done with them all ready.
The bigger issue is if they have no home to go when released then we are placing them in a situation where they will continue to make the same choices in behavior that got them incarcerated to start with.
They and we are safer with them where they should!
@DaTruth, doesn’t take a genius to know housing people in close proximity with any infectious illness makes it close to impossible to keep others from infection.
But your not gonna get anyone to feel sorry for inmates except their families, and that’s only if they aren’t done with them all ready.
The bigger issue is if they have no home to go when released then we are placing them in a situation where they will continue to make the same choices in behavior that got them incarcerated to start with.
They and we are safer with them where they are!
Good point, so you can bet that our Democrat Party overlords will ignore it.
I don’t care if they rot in prison you did the crime you do the time. Way to elect Lucifer dem voters this is why democracy is a farce. This guy only represents imports and fake Americans aka cosmo snob liberal traitors who are Plugged into the main stream television/music matrix subversion machine. Just look at pictures of California before the hippie movement look at the people and how healthy and happy they look look at modern California look at the pictures and compare and contrast that’s pretty much all you need to see in order to see how far we have fallen from grace
@DaTruth: I think your information on the risk in prisons is falling on deaf ears. Many are just fed up with crime and the government’s solution of shoveling money at the problem. There are those who would just be as happy to throw them all into a wood-chipper feet first. It does not help when the county, not state, but county budget story on this website mentions a $43 million dollar budget to treat mentally ill jail inmates. By the way, an industrial size wood-chipper can range from $30,000 up to several hundred thousand dollars.
Under the circumstances I suggest they start at Death Row!
Wow, if you folks realized what goes on in county jails across this state you’d really be upset. Because of state legislature passing AB-109 back in 2011, convicted felons serving sentences in excess of 367 days are now often serving their sentences in county jails.
Jail beds being taken by felons, some serving multi year sentences, means misdemeanor criminals are kicked out long before their full sentences are served because of overcrowding. Liberals have turned county jails across our state in giant revolving doors.
Additionally counties are now responsible for parole supervision for almost all paroled state prison felons.
As well as parole revocation. Used to be for a parole violation they’d roll them up back to state prison for often an additional year, in short deterrence of new crimes thru threat of additional prison time.
After AB-109 the most a parole violator can get is a maximum of 180 days county jail time. An here’s an example how that can work out.
Keep in mind this CNN story aired SEVEN YEARS AGO ! ! !
https://www.cnn.com/2013/08/07/justice/california-sex-offenders-released/
Tell us again why you elect progressive liberals,
aren’t you getting tired of being the tax paying lab rats in their knee jerk experiments ? ? ?
Imagine there being consequences to breaking the law? Crazy!
I have a question where are all these prisoners going? Just wondering the streets and endangering people. I don’t get
Just wondering…. Are you asking because you too saw a news story that many of them will be released with no support system and homeless? The story was about an advocacy group trying to set up homeless sheltering for them.
So in other words, you answered your own question. Yep! Just wandering the streets.
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