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Wednesday, July 31, 2013

The Early Release Of California's Prison Population

This past Friday, the U.S. Supreme Court denied the state's request to stop the early release of nearly 9,600 inmates by the end of 2013. California has been ordered to reduce its prison population as a result of "dangerous and unacceptable conditions" in 30 of the state's correctional facilities.

In 2011, a federal court panel instructed the state to reduce its prison population after lawsuits deemed overcrowding as the key element in harmful and hazardous conditions. During that time, Justice Anthony Kennedy stated that "needless suffering and death have been the well-documented result. Over the whole course of years during which this litigation has been pending, no other remedies have been found sufficient."

The federal panel found that the medical and mental health care that was provided to California inmates was below a constitutional level, and the singular way to remedy the issue was to reduce overcrowding.

Starting in 2009, the California prison system was ordered to decrease its inmate population from 202% over capacity to a maximum of 137.5%, within two years. To prevent state officials from dragging their feet any further, this past May federal judges threatened to cite the state with contempt if it did not comply with release orders.

The state of California cites public safety as their reason for resisting the release, for fear inmates will commit additional crimes once they are release.

If you have been charged with a crime, contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990.

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