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Brown asks three-judge panel to lift prison population reduction order  

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Gov. Jerry Brown has asked a federal three-judge panel to lift an order requiring the state to reduce the number of inmates in its overcrowded
prisons to 110,000 by June.

In filings in federal courts in San Francisco and Sacramento on Monday night, Brown contends the order is no longer needed because the prison
population has already been significantly reduced and health care greatly improved.

"The overcrowding and health care conditions cited by this court to support its population reduction order are now a distant memory," state
lawyers argued in the papers.

"California's vastly improved prison health care system now provides inmates with superior care that far exceeds the minimum requirements of the Constitution," the attorneys contended.

The population reduction was ordered in 2009 by the three-judge panel acting on a lawsuit in which inmates claimed that prison health care
was so deficient that it amounted to unconstitutional cruel and unusual punishment.

The panel concluded that severe overcrowding was a primary cause of poor health care and ordered the state to decrease the population of its
33 adult prisons to 110,000 inmates, or 137 percent of the designed capacity. At the time, the prisons housed 150,000 inmates in facilities designed for 80,000.

The U.S. Supreme Court upheld that ruling in 2011, saying that the "grossly inadequate" health care was unconstitutional.

The prison population has now fallen to 119,000, as a result of several measures, including the so-called "realignment" process in which some
low-level offenders were transferred to county jails.

Brown claims in the court papers that continued enforcement of the population reduction order is now "unfair, unnecessary and illegal."

Monday was also a deadline for the Brown administration to tell the court how it would complete the remainder of the population reduction by June.

In a separate filing, the administration said the number of inmates could be reduced further by changes in state laws to provide shorter
sentences and by court orders for the early release of some prisoners, but argued that those options might endanger public safety.

A lawyer for the prisoners who filed the lawsuit was not immediately available for comment.

The three-judge panel is made up of U.S. District Judges Thelton Henderson and Lawrence Karlton of Sacramento and 9th U.S. Circuit Court of Appeals Judge Stephen Reinhardt of Los Angeles.

It was convened under a federal law that provides that a court order to reduce prison population can be made only by a three-judge panel and not by a single trial judge acting on a civil rights lawsuit.

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Comments

Posted by Bob, a resident of the Danville neighborhood, on Jan 9, 2013 at 2:16 pm

Where is Brown and the other socialists gonna put us law abiding gun owners when Obammy does his illegal executive gun grab order?


Posted by Citizen Paine, a resident of the Danville neighborhood, on Jan 9, 2013 at 2:41 pm

To the extent that olbobby's comment is not offensive, which is very little, it is off-topic, by quite a lot. You win the Doofus Daily Double, in duplicate, my friend!

I think Jon Stewart got it right when he got serious on the topic of guns last evening, to the effect of "so the rest of us are supposed to endure a tragically dystopic present, only because a very few paranoid delusionals irrationally fear a dystopic future."

I may have embellished a bit, based on olbobby's inspiring example.


Posted by LOUISE, a resident of the Danville neighborhood, on Jan 11, 2013 at 10:04 am

I don't think Bob got anything wrong or is off topic at all. Article is about prisons and criminals. We will have more crime when private citizens can no longer protect themselves. It has not been proven that countries that have gun control have less crime. Criminals will always get guns and crazies will always commit crimes. We cannot control people's behaviors though many think we can. The current administration is taking away our rights and acting more like a king than a president. And posting the names of gun owners in newspapers is a form of invasion of privacy. If the right did this, the left would be protesting and screaming. Our government is undermining the constitution to suit its utopian ideology. When certain rights are taken away from others and the 1st and 2nd Amendments are altered, then maybe the left will start noticing, but it will be too late.


Posted by Bill, a resident of the Danville neighborhood, on Jan 11, 2013 at 1:44 pm

Hey Citizen Pain, glad you are so certain that there is no need for the constitution which was written by those you call the "paranoid delusionals who irrationally feared a dystopic future".

Best to let King Obama shred the thing and just start doing everything he wants through Executive Order. After all, the king knows best and we can't trust the serfs or their representatives to do the left thing.

Sounds pretty dystopic to me...


Posted by Citizen Paine, a resident of the Danville neighborhood, on Jan 11, 2013 at 5:23 pm

olbillie: Please provide a link to this Executive Order. I'd like to read it. Thanks.


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