Oct 22, 2009
Judges reject California Plan to Cut Prison Crowding
By Michael Rothfeld
LA Times
A panel of federal
judges today forcefully rejected a Schwarzenegger administration
proposal to reduce prison
overcrowding and threatened to impose its own plan for lowering
the inmate population if the state does not submit an acceptable one within
three weeks.
The judges said California
officials had failed to comply with their order to produce a plan to pare the
number of state prisoners by 40,000 within two
years. The panel agreed to postpone a decision on a request by inmates' lawyers
to hold Gov. Arnold Schwarzenegger in contempt of court for defying the
earlier order, issued Aug. 4.
The state's plan, submitted last month, also failed to specify how much lower
the number of inmates would be after six, 12, 18 and 24 months, as the judges
had requested.
"We will view with the utmost seriousness any further failure to comply
with our orders," said the seven-page decision by U.S. District JudgesThelton Henderson and
Lawrence Karlton and 9th U.S. Circuit
Court of Appeals JudgeStephen Reinhardt. That would leave the
court "with no alternative but to develop a plan independently and order
it implemented forthwith."
A Schwarzenegger spokeswoman, Rachel Arrezola, said the state would respond to
the order by its Nov. 12 deadline. She said the
administration is continuing to appeal to the U.S. Supreme Court
the judges' "arbitrary" reduction order. That appeal was also filed
last month.