Please ensure Javascript is enabled for purposes of website accessibility
Federal Judges Urged to Free Thousands of California Inmates
gvw_ap_news
By Associated Press
Published 5 years ago on
March 26, 2020

Share

SACRAMENTO — Attorneys representing California inmates late Wednesday filed an emergency motion asking federal judges to free thousands of infirm and lower-security prisoners to prevent what they predict will otherwise be the catastrophic spread of coronavirus through a vulnerable population.

Gov. Newsom ruled out the release of violent offenders and said he fears other wholesale releases would add to problems in already strained community hospitals and homeless shelters.
They want the judges to order the release of inmates who are at higher risk for complications from the disease, as well as nonviolent offenders who are within a year of being paroled.
So far, one inmate and nine employees have tested positive. But every day without action is “another lost opportunity to mitigate the effects of what we know is going to be a severe calamity,” said Don Specter, director of the nonprofit Prison Law Office and one of the attorneys filing the request.
The state Department of Corrections and Rehabilitation said it will be reviewing the action and already has taken measures such as halting public prison visits and screening everyone who enters a facility.
“Public safety is a top priority for CDCR, as is the health of our community,” said a statement from the department.
Gov. Gavin Newsom on Tuesday ended transfers into state prisons from county jails for 30 days, an order expected to reduce the population by more than 5,000 inmates. But he ruled out the release of violent offenders and said he fears other wholesale releases would add to problems in already strained community hospitals and homeless shelters.
The inmates’ attorneys filed their motion with a panel of three federal judges who a decade ago ordered the state to dramatically reduce its prison population to improve living conditions. That order reduced the population in what once was the nation’s largest state prison system, with about 170,000 inmates, to the current 123,000 convicts.

The Attorneys Are Asking the Judges to Release Those Whom Have Already Been Deemed to Be Low Risks

Only such a three-judge panel can order inmate releases, under federal law.
“We’ve already released too many prisoners from state prison (in response to the judges’ previous order). The low hanging fruit has already been picked. The people who are in prison need to be there,” said Kent Scheidegger, legal director for the Criminal Justice Legal Foundation that backs crime victims’ rights. The court filing, he said, “certainly seems to be (a case of) ‘never waste a good crisis.’”
Christine Ward, executive director of the Crime Victims Action Alliance, said it is important to keep inmates safe, but “we have serious concern about letting people out of prison early that could potentially come into our communities and cause harm.”
The attorneys are asking the judges to release those whom corrections officials have already been deemed to be low risks to public safety, are serving time for nonviolent offenses and are scheduled to be paroled within the year. California narrowly defines violent offenses to include 23 crimes like murder, rape, kidnapping and felonies in which a gun is used or that causes great bodily injury.
The goal is mainly to free up space in crowded dormitories that house more than 46,000 inmates, or nearly 40% of the population. There often are dozens of inmates double-bunked with little space to maintain the 6 feet of separation that health officials advise, their filing says.
The state’s current plan includes potentially housing sick and healthy inmates in the same dorm, separated by a line of tape on the floor “to mark the isolation section,” the motion says.
They also want judges to release inmates with health conditions listed as vulnerable by the U.S. Centers for Disease Control and Prevention.

More Than 17,000 Inmates, or 15% of the Prison Population, Are Classified as Medically High Risk

Those include more than 5,000 inmates age 65 and up, along with prisoners with chronic lung disease, moderate to severe asthma, heart disease with complications, compromised immune systems, severe obesity, uncontrolled diabetes, renal failure, liver disease, or those who are pregnant.

“I think everyone sees that density needs to be reduced, that it’s a public health emergency and there are people who are safe and appropriate to be placed in the community.” Michael Bien, an attorney representing inmates’ interests
More than 17,000 inmates, or 15% of the prison population, are classified as medically high risk, according to the court filing. It quotes Clark Kelso, the federal receiver who controls healthcare in California prisons, as supporting an accelerated release program to allow for social distancing.
Specter says it is unclear how many would be released if the judges agree. But he and other attorneys have talked in terms of releasing at least 10,000 inmates.
“I think everyone sees that density needs to be reduced, that it’s a public health emergency and there are people who are safe and appropriate to be placed in the community,” said Michael Bien, another attorney representing inmates’ interests.
About 36,000 inmates are paroled each year from California prisons, and many end up homeless, Specter said. It was nearly 38,000 in the last 12 months, state figures show.
“Adding another 10,000 or even 20,000 to the number of people who are paroled who are going to get out in a year anyway doesn’t seem like it would have a significant impact on the governor’s ability to deal with this crisis,” Specter argued. “And it would save innumerable lives, because once the virus starts spreading in the prisons it could have catastrophic effects.”

RELATED TOPICS:

DON'T MISS

Waymo’s Robotaxis Now Open to Anyone Who Wants a Driverless Ride in Los Angeles

DON'T MISS

Fresno County Man Accused of Filing Fake Disability Claims in $300K Fraud Scheme

DON'T MISS

Trump Nominates Fox News Host Pete Hegseth for Defense Secretary

DON'T MISS

Economists Warn of Inflation and Debt Risks in Trump’s Second Term Plans

DON'T MISS

How Many Smoke Shops Is Too Many? Fresno Plan Would Allow Only 49

DON'T MISS

US Says It Will Not Limit Israel Arms Transfers After Some Improvements in Flow of Aid to Gaza

DON'T MISS

Who With Valley Ties Could Land Spots in the Trump Administration?

DON'T MISS

Tulare Gang Member Gets Life Without Parole for 2022 Murders

DON'T MISS

Who With Valley Ties Could Land Spots in the Trump Administration?

DON'T MISS

Gov. Newsom Said No, but California Voters Overwhelmingly Said Yes

UP NEXT

Gov. Newsom Said No, but California Voters Overwhelmingly Said Yes

UP NEXT

Chris Wallace Is Leaving CNN, Eager to Explore New Media Landscape

UP NEXT

California Counts Methodically as House Control Hangs in the Balance

UP NEXT

Voters in California City Reject Measure Allowing Noncitizens to Vote in Local Races

UP NEXT

Voters in Oakland Oust Mayor Sheng Thao Just 2 Years Into Her Term

UP NEXT

California Gov. Gavin Newsom Will Spend Part of Week in DC as He Tries to Trump-Proof State Policies

UP NEXT

US Regulators Investigating Whether Engines on 1.4 Million Hondas Might Fail

UP NEXT

When to Catch the Last Supermoon of the Year

UP NEXT

California Farmers Enjoy Pistachio Boom, With Much of It Headed to China

UP NEXT

Mattel Says It ‘Deeply’ Regrets Misprint on ‘Wicked’ Dolls Packaging That Links to Porn Site

Economists Warn of Inflation and Debt Risks in Trump’s Second Term Plans

21 mins ago

How Many Smoke Shops Is Too Many? Fresno Plan Would Allow Only 49

33 mins ago

US Says It Will Not Limit Israel Arms Transfers After Some Improvements in Flow of Aid to Gaza

40 mins ago

Who With Valley Ties Could Land Spots in the Trump Administration?

2 hours ago

Tulare Gang Member Gets Life Without Parole for 2022 Murders

3 hours ago

Who With Valley Ties Could Land Spots in the Trump Administration?

3 hours ago

Gov. Newsom Said No, but California Voters Overwhelmingly Said Yes

4 hours ago

Mike Tyson-Jake Paul: How to Watch the Fight, Time, Odds

4 hours ago

Travel in the West Bank Is a Tale of Two Journeys

4 hours ago

Chris Wallace Is Leaving CNN, Eager to Explore New Media Landscape

5 hours ago

Waymo’s Robotaxis Now Open to Anyone Who Wants a Driverless Ride in Los Angeles

LOS ANGELES – Waymo on Tuesday opened its robotaxi service to anyone who wants a ride around Los Angeles, marking another milestone in...

2 mins ago

2 mins ago

Waymo’s Robotaxis Now Open to Anyone Who Wants a Driverless Ride in Los Angeles

A Fresno County man has been indicted on mail fraud charges for allegedly submitting over $300,000 in falsified disability claims using stolen identities. (GV Wire File)
14 mins ago

Fresno County Man Accused of Filing Fake Disability Claims in $300K Fraud Scheme

Pete Hegseth walks to an elevator for a meeting with President-elect Donald Trump at Trump Tower in New York, Dec. 15, 2016. (AP File)
18 mins ago

Trump Nominates Fox News Host Pete Hegseth for Defense Secretary

21 mins ago

Economists Warn of Inflation and Debt Risks in Trump’s Second Term Plans

33 mins ago

How Many Smoke Shops Is Too Many? Fresno Plan Would Allow Only 49

40 mins ago

US Says It Will Not Limit Israel Arms Transfers After Some Improvements in Flow of Aid to Gaza

Photo of David Bernhardt
2 hours ago

Who With Valley Ties Could Land Spots in the Trump Administration?

Nathaniel Lujano, 23, of Tulare, a known gang member was sentenced to life without parole for two 2022 murders, committed to benefit a criminal street gang. (Tulare County DA)
3 hours ago

Tulare Gang Member Gets Life Without Parole for 2022 Murders

Search

Send this to a friend