Romero Predicts Three Federal Judge Panel Will Be Appointed--One That May Cap California's Prison Population

There was a sea of pink flowers in the audience

Row upon row of families of prisoners from the UNION, United for No Injustice, Oppression or Neglect were in the audience, more than 100 inside the courtroom and about 100 more overflowing into the foyer. So many in fact that they played musical chairs so that those who traveled from as far away as San Diego could spent at least some time witnessing the hearing.

The pink flowers symbolized hope and trust, that people in power are going to recognize and act upon their immeasurable suffering. They wanted to deliver a message that the UNION has been organizing the necessary voting block to change the laws for many years now that will be active in filing lawsuits for abuses and wrongful deaths of their loved ones and bringing the poor by the busloads to vote out people who oppose reform bills in the future.

There is zero support for out of state prisoner transfers in the UNION or AB 900 both of which are non-solutions to the problem. Imagine that, the families can organize and show up.

One other thing worth mentioning, some who are very desperate for help from people who are considered to be in charge of the reform, waited until after the hearing so that they could speak to people like Attorney Michael Bien. He had plenty of time to speak with the radio broadcasters but brushed the desperate family members who approached them off with total disinterest.

He might be on the right side but none of these people including Sillen are responding to emergencies. Just tell them you're a reporter though and they have all kinds of time for you.

Great article Mr. Russo.

You can certainly tell how clueless the lawmakers are about what would constitute prison reform. Transferring prisoners out of state and expanding a failed agency under a silly plan such as AB 900 didn't appear to be flying with the judges at all.

At least for once the prison guards were honest about not being able to staff the facilities that they have, let alone expanding to need many more.

The families of the UNION overflowing the courtroom was a clear message that they do know how to organize and get out the vote.

The three million people attached to a prisoner are being taught how to bring people to the polls to vote against dumb-on-crime politicians who think that everything will change in a sick person's life if they just lock them in cages and torment them.

The families are on the move and everyone is being taught to register the poor to vote. It is the poor who cannot fight back for themselves in a system that is corrupt arrest through parole.

Judges Henderson and Karlton are absolutely legends in their own time, how can the families that have been destroyed by all this tough on crime nonsense every repay them?

Organizing to be able to prevent such a police state and so much injustice in the first place is ultimately the only way and the judges are well aware of that fact.

But we are all praying that they don't retire just yet as we are still building our mobilization, filing more lawsuits, teaching people to notify the media of all deaths, riots, disease outbreaks

The Governor's office and the Legislature cannot fool Judges Karlton and Henderson. These two men understand that politics overrides needs, and these politicians are scared silly not to appear tough on crime. The public must be educated as to how their tax dollars are being wasted and how they are being told whatever their legislator thinks they want to hear. Prisoners are human beings. Even if they commit an inhumane crime, two wrongs will never make a right and our judicial system must carry out this attitude. Winston Churchill said that a society can be judged by the way it treats its prisoners. Where does that leave us? Uncivilized, mean spirited and completely unforgiving. It is embarassing and shameful. We are the laughing stock of Western Europe. At the rate we are incarcerating people, every American family will be affected by this binge of imprisonment. Our tough on crime crowd will do a big about face when it is their family member affected.

So many times we read negative comments about our prisoners. No one seems to care if they are tortured, or denied medical care. The problem is that many are there because of being undereducated, and low income.
I want to praise these two judges for fighting for the underdogs. For doing what is right for a social justice.
Our politicians want to be "tough on crime", but the problem is that with so many new laws on the books, some of the "crimes" could be dealt with in other ways.
We are locking up our youth at an excellerated rate for
many non violent and, in my opinion, minor offences.
Our politicians are not proactive. They would rather spend billions on prisons rather than spend money on helping educate or support our youth. (They just turned down AB 845) which would have helped the young adult foster children get a start in life. Instead, the want to wait until these young people get into the prison system to keep their industry going. People better wise up before it's too late. I pray to God that these two judges can see through all of this and have the courage and strength to carry this out.
Thank you Frank for a great article.

Corruption in California runs deep. Over the years voters have been duped into passing extreme bills that give law enforcement unfettered control of the legal system. The punishments no longer fit the crimes. There is no even handed justice. The same crime may get you probation or 10 years in prison. There are hundreds of DA's just like Mike Niphong in the "Duke Rape Case" trying to make a name for themselves. They overcharge, embellish and just plain lie and have to prove nothing. They can make statements in court that influence a jury without any justification or evidence. The accused know this so they are petrified to go to trial. 95% of California cases are plead out because of whate DA's can do. DA's and their investigators lie, intimdidate and coerce them into prison. They hang life sentences over people because
they can. All the crazy enhancement laws that have been enacted make a crime that should get someone 1 year in prison, 5-10. And we wonder why our prisons are overcrowded. Legislators need to stop using "tough on crime" bills for their own personal political gains. A sentencing commission is what is needed. Take control away from legislators and this problem can be solved. More money in Education, prevention and rehabilitation. That is the answer. Not more space in prisons.

It was a day to behold as one that will bring much change the torture camps of the U.S. called California Prisons.

Thank God for two very brave Judges such as Henderson and Karlton. It is time someone took a stand against such a corrupt prison system. The operators of the prison should be in prison themselves for what they are doing to promote the torture and medical neglect of a human being.

U.N.I.O.N. members were in their Court room in force and Nora Weber passed out packages of her sick and dying son Mark Grangetto. Keep up the good fight UNION folks we are making head way.

I'm grateful to these judges for honoring the humanity of all people.

I pray the judges continue to show the state of California that just because someone commits a crime does not mean they need to be treated inhumanely.

I am grateful to Judges Henderson and Karlton for standing strong for human rights for all. I am also proud of the many prisoner families who showed their support in the courtroom yesterday. I am hopeful that with the continued support of California citizens who understand, many first-hand, the serious and critical state of affairs in our prisons, these two dedicated judges will appoint a three-judge panel that will not only establish a prison population cap but ensure that it is enforced to the extent that those responsible will be held accountable or face serious consequences.

Hello my name is Irene Rodriguez, i live in San Jose, Ca. My own son was given 3-strikes for a non-violent
offense, but because of his previous violations he was given 25-years to life. He has had a drug problems for
the past 15-20 years. All of his convictions were a violation of his parole. I would like to thank the judges for what they are trying to do. The governor is
not going to help us at all, he proved that when we trying to get prop 66 passed. I'am praying for these judges to make a difference. If not we will take it to the polls in 2008.

I am glad to hear that logic is being implemented. I know that there is a shortage of staff to meet the needs of the prisoners. This not only hurts the prisoners, but it hurts the staff as well. The prison in Blythe has ONE full-time physician servicing 5,000 prisoners. If this were a hospital or a school - all hell would be raised. Just because people are in prison does not make them any less human. This doctor has stated that some of the prisoners he serves are in there for life because they got caught stealing food from a 7-11. I think our society, as a whole, needs to make a 180 and realize that our prison system is a result of our lack of compassion for taking care of our poor. Social services and education need to be expanded - not the prisons!

I am a member of FACTS, (Families to Amend California's Three Strikes). I was so thankful to be able to come to the hearing from Orange County, with my oldest son.
Early on, it became obvious that Judges Henderson and Karlton have not been taken in by the political rhetoric, false promises and the defendant's attorneys assertions.
This day has been a long time coming, and had the politicians done their jobs in the past umpteen years, they would not have put prisoners, their families and even themselves in this position. This is the consequence of their own inaction to serve all their constituents, not just their favored financial donors. They have ignored these problems to protect themselves from any political backlash from their opponents. They have been too busy keeping their own political careers safe from all harm, and have hindered those legislators that have tried to make changes. Some of them are bullies...some are b#@!*es...and thus, nothing gets done! Having their power taken away by Federal Judges is one appropriate step towards the appropriate punishment that is fitting of their apathy towards all their constituents needs. Their final punishments should be a 'NO' vote and then they can look for another job.

Let the wool that covers the eyes of the people be removed. Vote!

Let the wool that covers the eyes of the people be removed. Vote!

Let the wool that covers the eyes of the people be removed. Vote!

Let the wool that covers the eyes of the people be removed. Vote!

Let the wool that covers the eyes of the people be removed. Vote!

Let the wool that covers the eyes of the people be removed. Vote!

Let the wool that covers the eyes of the people be removed. Vote!

Let the wool that covers the eyes of the people be removed. Vote!

Let the wool that covers the eyes of the people be removed. Vote!

IT IS HIGH TIME FOR CHANGE.THE CALIF.PRISON POPULATION NEEDS TO CAPPED,AND REHABILITATING INMATES IS A DIRE NEED.
WHAT IS NEEDED IS RESPONSIBLE LAW MAKERS IN OFFICE." NOT PROFITEERING LOBBY-BACKED POLITICIANS WHO COULD CARE LESS ABOUT MAKING RIGHT CHOICES FOR FOR THE GOOD OF CALIF. PEOPLE ARE TRIED OF THE FEARING MONGERING LIES.BY THE YEAR OF 2056 AT THIS RATE OF INCARCERATING PEOPLE FOR PROFIT THE WHOLE COUNTRY WILL HAVE BARBED WIRE AROUND IT.
WE NEED OFFICIALS WHO CARE ABOUT CALIF.NOT POLITICIANS LIKE BONNIE GARCIA WHO GO VISITING PRISONS;JUST TO SPIT ON INMATES AND CALL THEM ANIMALS AND TODD SPITZER SAYING HE WANTS US AFRAID.DO THESE POLITICIANS WANT INMATES TO BE REHABILITATED AND BECOME NOT ONLY GOOD CITIZENS BUT GOOD PEOPLE. CALLING THEM ANIMALS IS IGNORANCE,WITH THIS MIND-SET IT'S NO WONDER THERE IS NO CHANGE.THE PRISON INDUSTRIAL COMPLEX MENTALITY IS ONLY FOR PROFITS,WHO WOULD SHAMEFULLY SELL OUT OUR HOPES FOR A BETTER CALIFORNIA FOR ALL.
PEOPLE ARE NOT ANIMALS,AND POLITICIANS NEED TO DO THEIR JOBS....OR BE VOTED OUT.

and, thanks to Mr. Russo for continuing to report on the out of controll prison system.

The whole systems needs an overhaul but especially concerning issues of the mentally ill, lack of medical treatment, overcrowding, unreasonably long sentences, lack of rehabilitation programs, and the broken parole system.

Remember the “Cowardly Lion” in the Wizard of Oz? Well, he's back but he has a title: Governor!

A Governor, who once pledged to "blow up the boxes" of state government, is too politically timid to even begin to deal with a routine prison bed shortfall of 16,600 beds. Other administrations easily dealt with correctional bed shortages; county sheriffs deal with it every day. Sheriffs release about 20,000 inmates a few days early each month. Governor Reagan dealt with overcrowding by reducing average length of stay by a few days (and closing a prison) without significant problems[1].

Instead of simply dealing with prison overcrowding by bringing prison capacity into line with demand, our famous Governor caved in to public employee unions and opted to literally waste $6.5 billion for 40,000 unneeded prison beds. It will take years to bring the new beds on line and will result in a 32,000 prison bed surplus by 2012 according to the Legislative Analysist[2].

How difficult would it be for our famous and timid Governor to actually deal with overcrowding on a rational basis? How about a couple 10 minute phone calls? He could call the chairman of the Board of Prison Terms and tell him or her to reduce average revocation terms for technical parole violations. Reducing terms by 30 days saves 5,900 prison beds and 60 days saves 11,700 beds. He could also phone the Director of Corrections (& Rehabilitation) and tell him to adjust the inmate work incentive program[3] to reduce average days served in prison by 8%, from 587 days to 543 days. The 16,600 prison bed shortage would be eliminated[4] and annual prison operating costs reduced by about $450 million. It also avoids spending any of the $6.5 billion slated for more prison beds.

It should be noted that overcrowding has nothing to do with inmates serving long terms for major crimes. There is plenty of room for all such offenders - none will ever be released due to overcrowding. The prison bed shortage exists only because thousands of less serious offenders (often referred to as wobblers) and parole violators, serving terms of less than a year, have been diverted to prison due to the long term, severe county jail bed shortage. Basic correctional policy dictates that short term offenders, absent other factors – usually security, serve their terms in county jail (at far less cost) not prison[5]. These short term offenders occupy about 30,000 to 40,000 prison beds, causing overcrowding[6].

Problem solved and our timid Governor can focus on real issues like the State budget.

Hey, Gov! Find the nerve!

Rich McKone, Executive Officer, California Coalition on Corrections, www.rebuildcorrections.lincal.com; Parole Agent III, Retired, DC&R, Former Criminal Justice Planner, California Council on Criminal Justice & California Youth Authority

--------------------------------------------------------------------------------

[1] There is no relationship between LOS and offender behavior after release See Recidivism: The Effect of Incarceration and Length of Time Served, Song & Lieb, September 1993 for a listing of 12 studies on LOS and parole outcome at: http://www.wsipp.wa.gov/rptfiles/IncarcRecid.pdf.

[2] http://www.lao.ca.gov/analysis_2007/crim_justice/cj_05_anl07.aspx#Adult%20Corrections

[3] See Penal Code Section 2930-2935 for work/good time credits.

[4] Inmates, on average, serve about 600 days in prison with each average day equaling about 360 beds.

[5] Historically, there has been a 50%/50% state local offender split. Due to the county bed shortage, it is now about a 67%state/33%county split.

[6] The approximate total of the jail bed shortage reported by the Sheriffs Association in Do the Crime, Do the Time? Maybe Not, in California (California State Sheriffs’ Association, June 2006), at http://www.calsheriffs.org/Documents/do_the_crime,_do_the_time.pdf plus the 30,000 to 40,000 prison beds occupied by offenders serving less that a year in prison who would be county jail absent the jail bed shortage.

Remember the “Cowardly Lion” in the Wizard of Oz? Well, he's back but he has a title: Governor!

A Governor, who once pledged to "blow up the boxes" of state government, is too politically timid to even begin to deal with a routine prison bed shortfall of 16,600 beds. Other administrations easily dealt with correctional bed shortages; county sheriffs deal with it every day. Sheriffs release about 20,000 inmates a few days early each month. Governor Reagan dealt with overcrowding by reducing average length of stay by a few days (and closing a prison) without significant problems[1].

Instead of simply dealing with prison overcrowding by bringing prison capacity into line with demand, our famous Governor caved in to public employee unions and opted to literally waste $6.5 billion for 40,000 unneeded prison beds. It will take years to bring the new beds on line and will result in a 32,000 prison bed surplus by 2012 according to the Legislative Analysist[2].

How difficult would it be for our famous and timid Governor to actually deal with overcrowding on a rational basis? How about a couple 10 minute phone calls? He could call the chairman of the Board of Prison Terms and tell him or her to reduce average revocation terms for technical parole violations. Reducing terms by 30 days saves 5,900 prison beds and 60 days saves 11,700 beds. He could also phone the Director of Corrections (& Rehabilitation) and tell him to adjust the inmate work incentive program[3] to reduce average days served in prison by 8%, from 587 days to 543 days. The 16,600 prison bed shortage would be eliminated[4] and annual prison operating costs reduced by about $450 million. It also avoids spending any of the $6.5 billion slated for more prison beds.

It should be noted that overcrowding has nothing to do with inmates serving long terms for major crimes. There is plenty of room for all such offenders - none will ever be released due to overcrowding. The prison bed shortage exists only because thousands of less serious offenders (often referred to as wobblers) and parole violators, serving terms of less than a year, have been diverted to prison due to the long term, severe county jail bed shortage. Basic correctional policy dictates that short term offenders, absent other factors – usually security, serve their terms in county jail (at far less cost) not prison[5]. These short term offenders occupy about 30,000 to 40,000 prison beds, causing overcrowding[6].

Problem solved and our timid Governor can focus on real issues like the State budget.

Rich McKone, Executive Officer, California Coalition on Corrections, www.rebuildcorrections.lincal.com; Parole Agent III, Retired, DC&R, Former Criminal Justice Planner, California Council on Criminal Justice & California Youth Authority

--------------------------------------------------------------------------------

[1] There is no relationship between LOS and offender behavior after release See Recidivism: The Effect of Incarceration and Length of Time Served, Song & Lieb, September 1993 for a listing of 12 studies on LOS and parole outcome at: http://www.wsipp.wa.gov/rptfiles/IncarcRecid.pdf.

[2] http://www.lao.ca.gov/analysis_2007/crim_justice/cj_05_anl07.aspx#Adult%20Corrections

[3] See Penal Code Section 2930-2935 for work/good time credits.

[4] Inmates, on average, serve about 600 days in prison with each average day equaling about 360 beds.

[5] Historically, there has been a 50%/50% state local offender split. Due to the county bed shortage, it is now about a 67%state/33%county split.

[6] The approximate total of the jail bed shortage reported by the Sheriffs Association in Do the Crime, Do the Time? Maybe Not, in California (California State Sheriffs’ Association, June 2006), at http://www.calsheriffs.org/Documents/do_the_crime,_do_the_time.pdf plus the 30,000 to 40,000 prison beds occupied by offenders serving less that a year in prison who would be county jail absent the jail bed shortage.

July 28 07
I'm praying the three judge panel
will be put in place
soon. You know the problems are still mounting in
the prisons.

A mother of an inmate at Salinas Valley State Prison

The system has fail my son and myself. I hope and pray
that God touch eveyone heart and bless the Judges for the effort and support. The CO/staff is overwork and it makes them unhappy people. Where is Customer Service
with the CO's I pay my taxes yearly for 34 year.

I will keep the faith the this will work out for us all.

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