Pubdate: Thu, 22 Feb 2007
Source: Sacramento Bee (CA)
Copyright: 2007 The Sacramento Bee
Contact:  http://www.sacbee.com/
Details: http://www.mapinc.org/media/376
Note: Does not publish letters from outside its circulation area.
Author:  Andy Furillo, Bee Capitol Bureau

JUDGE CONSIDERING EARLY PRISONER RELEASES

U.S. District Court Judge Thelton Henderson has issued an order 
containing the strongest indications yet that he is seriously 
considering ordering the early release of an unspecified number of 
inmates to solve California's prison overcrowding crisis.

The San Francisco-based federal judge said in the order dated Feb. 15 
that the three-judge panel that inmates rights lawyers are asking him 
to put together is charged with "determining whether a prisoner 
release order should be entered."

He also ordered the state to report to him within three months on 
"each specific, concrete measure the state has taken, is taking, or 
is planning to take, that is expected to result in a reduction in the 
number of inmates confined in state prisons by March 1, 2008 (in 
roughly one year), and by March 1, 2009 (in roughly two years), and 
the amount of the reduction expected to result from each such measure."

Henderson is acting in a motion filed by plaintiffs' attorneys in a 
case in which the judge found that the California Department of 
Corrections and Rehabilitation is violating the Constitution in the 
way it provides medical care to the state's 172,000 prisoners. 
Henderson said in the order that one inmate is dying every six or 
seven days as a result of poor medical care in the prison system.

The judge said it is "likely" that prison medical care receiver 
Robert Sillen, whom Henderson appointed, would be able to demonstrate 
that prison overcrowding is inhibiting his efforts to fix the 
problem. He gave Sillen three months to provide an assessment "on the 
manner, and extent to which, overcrowding is interfering with his 
ability to successfully remedy the constitutional violations at issue."

Gov. Arnold Schwarzenegger, meanwhile, met for an hour Thursday 
morning with legislative leaders to discuss the state's prison 
crisis. The governor scheduled a 2 p.m. press conference Thursday to 
talk about prisons.
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MAP posted-by: Beth Wehrman