Major Changes in Sentencing, Prisons, and Penal System Quietly and Methodically Advancing in Sacramento

Thank you Mr. Russo for the heads up. Please continue to keep this prison issue in the headlines. People need the truth about our justice system. These Senators and Assemblymen actually understand the crisis in our prisons. We need more like them, not just the lock em and throw away the key legislators that don't want to see the truth about what their crazy sentencing bills and enhancements have created. The Assembly and Senate were duped into approving AB900. All they needed to solve the overcrowding is the Reforms in this article. A small amount of building is probably necessary, but not the mammoth spending that they signed us up for behind our backs. Hopefully those who have figured out the mistake they made will make it right and actually read some of the reports like the "Little Hoover Commission" and truly make an informed decision when it comes time. The second half of the funding in AB900 may not need to be spent. Wouldn't that be something! They can still get something right if they do a little research.

Thank you, Mr. Russo, for keeping us current on what is going on in our Legislature. You are an invaluable resource, especially for prison reform issues.

Here is some more information on AB 1539 coming before the Assembly Appropriations Committee on Wednesday, May 9:

AB 1539 amends existing Penal Code, Section 1170. PC 1170 already allows medical release of a terminally ill prisoner (diagnosed with a disease that would produce death within 6 months). AB 1539 would additionally allow medical release of a permanently medically incapacitated prisoner, specifically, “The prisoner is medically incapacitated by a medical condition that renders him or her permanently unable to move without assistance, permanently unable to perform activities of daily living such as dressing, eating, ambulating, or maintaining personal hygiene without assistance, or permanently ventilator-dependent.” As is currently the case, a prisoner being considered for a medical release must also be “deemed not to threaten the public safety.”

AB 1539 also would improve the failed medical release process by: (1) allowing any prison doctor to bring a prisoner’s condition or prognosis for possible medical release to the attention of the chief medical officer, who if he concurs notifies the warden; (2) requiring that within 48 hours, the warden notify the prisoner, as well as a prisoner’s family member, of the potential sentence recall and keep them both current throughout the process; (3) mandating that the Secretary issue guidelines and procedures for the new medical release procedures; and (4) if the court orders the sentence recall, the CDC has 48-hours, unless the prisoner agrees to more time, to release the prisoner along with his medical records, medications, and property.

In summary, AB 1539, the Medical Release and Fiscal Savings Bill, would provide needed procedures for the medical release of terminally ill prisoners required by Penal Code Section 1170 but not being accomplished primarily due to procedural delays. It would also allow the medical release of the permanently incapacitated.

Currently prisoners who qualify for medical release -- and their families -- endure a slow and frustrating process that often ends with the prisoner’s death in prison. AB 1539 would prevent these inhumane procedural delays and the unwarranted suffering of families. AB 1539 would also save taxpayers hundreds of thousands of dollars by eliminating from Corrections’ budget -- where it does not belong in the first place -- the expensive health care of the terminally ill and permanently incapacitated. Funds saved could be more effectively used toward crime prevention, education, and rehabilitation. It would also help to free up needed prison beds.

I urge people who live in Sacramento who support this bill to show up at the Appropriations Committee room on Wednesday.

There ought to be a law against bringing more than 900 complicated new laws per session that go through five different hearings before going to the Governor

It costs $20K to bring each law and the people targeted, on the prisoner issues, are too uneducated to keep up with the issues and too poor to go to everything.

The legislators are signing many bills that they haven't even read and other bills are falling through the cracks because there aren't enough volunteers on criminal justice issues to support or oppose all that happens.

If people don't show up for the AB 1539 hearing, their alternative is simply to be denied visits to their loved ones in prison if they should ever need to go to a hospital.

This horrible practice is business as usual. They are not only denied medical care until it is too late in most cases, but they are also denied family ties. Crowds matter in Sacramento because silence and non attendance is consent.

If the legislators wanted more support, they should end the practice of bringing so many bills that nobody can keep up with them.

Thanks for trying though.

Thank you Mr. Russo for your well written and informed columns. You take what is potentially complicated and bring it into layman's terms so we understand the various legislation being considered. AB1539 if before the Appropriations Committee this morning and this is indeed very important. This bill would provide needed improvements to Penal Code Section 1170 so that terminally ill and physically incapacitated prisoners could be released back to their families in a timely and efficient manner. AB1539 would prevent the inhumane procedural delays that cause suffering for both the prisoner and their family. In addition, AB 1537 would save taxpayers thousands upon thousands of dollars by eliminating the need for the CDCr to provide health care for the terminally ill and permanently incapacitated population. The money saved can be better spent on education and true rehabilitation to those both in and out of prison. Furthermore, this would free up beds in each prison that are so dangerously overcrowded. The release of these people will in no way threaten public safety since the chance of a person who is terminally ill or permanently incapacitated committing a crime is virtually zero. The current medical release process is not clearly written, frustrating and difficult to implement in a timely manner, which leaves these sick and dying people to suffer in a cruel and inhumane manner and often die alone. If families are willing to take care of their loved ones, why make the State responsible? The compassionate release of prisoners who are terminally ill and physically incapacitated is both humane and cost effective. We all have been taught the Golden Rule as well as “two wrongs don’t make a right”. This applies to every citizen, even those have offended us. Thank you for taking a supportive position for a community of people that are not well liked and under represented. It's not a popular position, but you tell it like it is instead.

If the State wants to keep paying for very sick and dying inmates they can choose to waste your tax dollars or they can send those inmates out of prison on AB 1539. Which is exactly what they should do. Send those people home to spend their last days, weeks or months of life.

thank you so very much for the information.
my husband is in coalinga state hospital he has already served his time at vacaville. In march 2007 we thought he was coming home but instead he landed in the state hospital. They said he would go to court in sept to find out details still nothing. He has already paid his debt to society and signed the agreement to serve the time now they have added more. He is in a wheelchair and when he went in he walked in but now this has been going on for 8 years or more. I live in a mobile home park in the desert I am now 66 years of age. I cannot afford to spend any money and do not have knowledge what to do. so thank you thank you for information
sincerely christy

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