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The California Progress Report is published by Frank D. Russo, a longtime observer of and participant in California politics.

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The Absurdity of Incarcerating the Incapacitated: California Prisons are Wasting Taxpayers’ Money and Endangering the Public

Paul-Krekorian.jpg By Paul Krekorian
Member
California State Assembly

California’s prisons are in crisis. The system is so grossly overcrowded that a federal judge is on the verge of taking control of it away from the state’s Department of Corrections and Rehabilitation. If the overcrowding is not immediately remedied, the prisons may be forced to release felons early – possibly including murderers, gang leaders and others with a history of violence.

So why are we wasting bed space and guards on inmates who are in a coma?

The cost of imprisoning terminally ill and medically incapacitated prisoners is an unnecessary, exorbitant expense for California taxpayers, often exceeding $120,000 a year for a single inmate. Not only must the state pay for expensive end-of-life medical care, but also the cost of round-the-clock guards for a person who is incapable of posing any threat to society. Using correctional officers to guard such inmates also takes them away from more important security responsibilities, creating unnecessary risks to prison personnel, inmates and the public.

Especially at a time when the state must cut basic services to people in need because of budget limitations, it is absurd that we are wasting taxpayers’ money to care for and incarcerate inmates who are comatose, or surviving only because of a ventilator, or too weak and frail in their final days of life to feed themselves. That’s why I introduced AB 1539, which has passed the Legislature and is now on the Governor’s desk awaiting signature. This bill streamlines the existing medical release process for terminally ill inmates, relieving the state of exorbitant medical and security costs, and extends the scope of the existing medical release program to include inmates who are permanently medically incapacitated and pose no risk to public safety.

The current “compassionate release” law, which was enacted ten years ago, allows dying inmates or their family to apply for re-sentencing consideration. If both the warden and the sentencing judge agree that there is no risk to public safety, the sentencing judge may release the inmate so that he or she may die in a hospice or other setting rather than in prison. This program is not available to those who are serving life sentences.

This sensible, cost-saving, humanitarian program, however, is rife with bureaucratic problems, including a lack of information and notification to eligible inmates, delays, and the absence of directives to prison medical staff. As a result, the number of medical releases in recent years has reduced by half – an unwelcome change over a period in which the inmate population has increased by about twenty percent. Many of those who have applied have been granted release too close to death for the state to see any fiscal benefit, and too late for their families to spend any meaningful time with them. In some cases, the request has been approved after the inmate has died. AB 1539 will put procedures in place to ensure that the program operates as it was intended and provides benefit both to taxpayers and to the inmates’ families.

In addition to making the existing medical release process more effective, AB 1539 will extend it to the most expensive of all inmates -- those who are “permanently medically incapacitated,” but are not likely to die within six months. AB 1539 narrowly defines “permanently medically incapacitated” to include those inmates who are permanently unable to perform activities of daily living and require 24-hour total care due to an irreversible medical condition. Such conditions include coma, persistent vegetative state, brain death, ventilator-dependency, and loss of control of muscular/neurological function – conditions that prevent any possible risk to the public, and also prevent any further punitive value from continued incarceration.

AB 1539 is a common sense measure that will save a tremendous amount of money that is now wasted on overtime costs and medical expenses for a relatively few inmates. The effective and carefully-considered release of even a few terminally ill and permanently medically incapacitated inmates, who cannot pose any threat to the public, could potentially save millions of tax dollars that can more appropriately be spent on other policies and programs that will make a real difference in keeping Californians safe. At the same time, this measure allows families the chance to heal, and allows inmates to receive appropriate end-of-life medical and hospice care.

In response to the prison overcrowding crisis, Governor Schwarzenegger recently observed that “release of the old, feeble, and sick who pose no threat to the public” could be an approach to overcrowding that he would support. AB 1539 is just such an approach. It is a bill that simultaneously promotes fiscal responsibility and public safety, and the Governor should sign it into law.

Paul Krekorian was elected to the California State Assembly in 2006 to serve the communities of Burbank, Glendale, Los Feliz, North Hollywood, Silver Lake, Valley Glen, Van Nuys and Toluca Lake. Mr. Krekorian serves on two of the Assembly's most powerful committees, Appropriations and Rules. He also serves on the Utilities & Commerce, Judiciary, and Human Services committees, the Select Committee on Hate Crimes, and as Chair of the Select Committee on Preservation of California's Entertainment Industry.

Posted on September 27, 2007

Comments

It's a great idea still buried in typical California red tape. I don't think you could find anyone that disagrees with this bill. So why is it still sitting on his desk? Sign the bill Mr. Governor. Sign the others reform bills sitting on your desk also. We need to move forward quickly. Thank you Assemblyman Krekorian....

Posted by: Morris1 at September 27, 2007 08:18 AM

oh ! what a report what money for what med care ???? the inmamtes are dieing in the prison what money for med care what money????? and the big wheel that is getting richer off the backs of inmates and lots of prisoners are not violent ? and it does not take that many years to grow up in your calif prison for the mistake they made i bet you bought shock in the prisons

Posted by: delang at September 27, 2007 12:45 PM

I think this is great the only thing that bothers me is the fact that you are excluding LIFERS they as much as their families have the right to be there with them in their last days and what threat could they be? no more than any other person in that situation.

Posted by: Mrs. Magic at September 27, 2007 03:23 PM

Too bad Assemblyman Krekorian didn't cut a deal to get this bill signed into law before he voted to support AB 900, the administrations feeble attempt to look like it's doing something about the prison overcrowding situation. Unfortunately, the legislature and Governor lost a chance to retain control of the system when they passed AB 900 and didn't touch any of the systemic problems that are causing the overcrowding. Specifically, they failed to address the lack of effective rehabilitative programs for first-time offenders, before they graduate from the counties into out prison system. Shame shame shame.....

Posted by: Joe at September 27, 2007 04:44 PM

Alot of the lifers are in there for nonviolent offenses they dont belong in there. Theres no reason for the incapacitated to be in there

Posted by: jorge at September 27, 2007 08:42 PM

Alot of the lifers are in there for nonviolent offenses they dont belong in there. Theres no reason for the incapacitated to be in there

Posted by: jorge at September 27, 2007 08:42 PM

Since you seem to have some common sense as well as understanding of the issues, please work to get your fellow legislators on the same page. And...pressure the Governor to sign the bill on his desk as a sign of human compassion rather than worry about looking like a tough guy who wouldn't release a flea from prison. We need legislators, like yourself, who will stand up for what is right, just and constitutional, rather than worry about the next election. You are elected to act in the here and now. Therefore, I propose you also get your fellow legislators to stop voting funds for Prop 83 as you did with AB900 which serves to not to protect children as it was touted to do by the Runners. It is the biggest scam foist upon the voters I know of. It has rather served to provide less protection as more offenders go underground because they have no where to live. Please Assemblyman, be the first one to stand up and tell the truth not what you think the voters want to hear. Thank you.

Posted by: Leah at September 27, 2007 09:06 PM

Since you seem to have some common sense as well as understanding of the issues, please work to get your fellow legislators on the same page. And...pressure the Governor to sign the bill on his desk as a sign of human compassion rather than worry about looking like a tough guy who wouldn't release a flea from prison. We need legislators, like yourself, who will stand up for what is right, just and constitutional, rather than worry about the next election. You are elected to act in the here and now. Therefore, I propose you also get your fellow legislators to stop voting funds for Prop 83 as you did with AB900 which serves to not to protect children as it was touted to do by the Runners. It is the biggest scam foist upon the voters I know of. It has rather served to provide less protection as more offenders go underground because they have no where to live. Please Assemblyman, be the first one to stand up and tell the truth not what you think the voters want to hear. Thank you.

Posted by: Leah at September 27, 2007 09:07 PM

Nicely said Leah. The truth about these boondoggle child predator laws is starting to surface. Not just the huge financial responsibility out of a deficit budget. They have unintended consequences that scoop up the wrong people and make children less safe. Stop trying to legislate everything because of the latest and greatest crime of the week. We have enough laws.

Posted by: Morris1 at September 27, 2007 09:13 PM

Mind the innocent. Mind those never got treatment. Mind punishment and its length is but one aspect to secure security in a nation of highest prisoner rate.
http://www.summary.oregontrial.org.uk

Posted by: Franz Kurz at September 28, 2007 05:47 AM

Mr. Krekorian,

While I support your 1539 bill, I resent the statements that you have made. We all know that murderers, or other violent criminals will never be released due to overcrowding. Why are you, and others, lying to the American public. That shows poor character. The inmates that might be released are non violent. The public sees through the politicians lies.
While saving tax money, you should also mention that in certain circumstances, the suffering, dying, inmate should be allowed to die with some dignity. That shows compassion.
You, and your colleagues, are responsible for the mess we are in. Our legislature system, is a complete failure. Thanks to politicians like yourself.

Posted by: Jill Buchanan at September 28, 2007 08:19 AM

jill good going you told it like it is !!!! thank you ..they lie lie and lie again

Posted by: delang at September 28, 2007 09:36 AM

While I appreciate Mr. Krekorian's attempt to do something about the disastrous handling of sick people who shouldn't be in prison at all, I would like to know what warden and what judge would cooperate in getting them out?

The bill is so watered down now that it hardly has any teeth.

I for one do not want to pay to punish sick people period! There is no evidence whatsoever that the prisons are doing anything except creating more crime.

The federal government would pay for some of the costs via SSI and Medical if people were given a fighting chance to get medical care.

It is a huge violation of the California Constitution and the US Constitution to keep anyone in prison and not give them medical care, which is happening.

The movie for the big screen being done about the UNION families and how much they begged for help as their loved ones were dying will be quite revealing. There is no place to go for help even in a serious emergency at the state level or the federal. The prisoners are just pawns and treated no better than livestock.

The family members are mostly too uneducated to organize a voting block to stop the tough-on-crime politicians from ever getting elected in the first place.

Some legislators who aren't purchased by law enforcement labor unions to do their bidding could do the right thing realizing the destruction this is causing to the women and children too weak and too ignorant of how the system works to do anything about it.

The CDC doctors are ridiculed and fired when they try to help inmates and the judges have no courage except for these three federal judges who know the details of how thousands of people died.

I hope people are aware of the 28 wrongful death lawsuits that are being litigated now by UNION families with many more on the way. This cost savings of avoiding more lawsuits needs to be taken into consideration when such evil practices in taxpayer-financed institutions.

Not everyone is too stupid to do something about paraplegics, quadraplegics, brain dead, people with dementia and cancer, it's outrageous that this didn't get signed last year.

Thanks for bringing it but the legislators ARE responsible for many of these needless deaths and to put politics over people is just unforgivable in this day and age when we are supposed to be civilized.

I would like to know what CDC Doctor and what judge will have the courage to sign release orders. People who didn't have a death sentence have died from the denial of transplant surgeries just because they're in prison for a short while, This practice is inhumane, it's wrong and efforts are being made to teach the poor to vote to stop anyone who oppose such a mild bill from ever getting elected in power over us.

What have you personally done to help Mark Grangetto whom the state cannot care for in a prison setting? We have 60 Minutes looking into a few of our cases and those who have been callous and turned their backs leaving people to die will be held accountable in full public view. The lawsuits will continue to come and the taxpayers will continue to be educated on conditions in the bloodhouses.

It's only a philosophy from the dark ages that is allowing these third world conditions, a very expensive philosophy that has no statistics to support that people's loved ones should be allowed to die in squalor worse than animals.

People in elected office who participate in this type of abuse are no better than the most mentally ill prison on death row.

However minor it turned out to be after it was basically gutted, you are trying to make a positive change Mr. Krekorian and I salute you for that. The legislators cannot posture to the Judge that they are working on release and not have us bust the Governor and the Repiglets for turning this down.

Posted by: Michael Westmoreland at September 28, 2007 10:39 AM

I think it is a gross obscenity to allow these (incapacitated) inmates to be treated in the way they are. They are in reality being punished 'twice'. This is what you get for electing an unintelligent overrated moron as Senator. Whilst he and his cronies scratch their heads to resolve the bigger problem of overcrowding. Which even the retarded can see will lead to friction among both staff and inmates resulting in an obvious escalation in violence. The prisons become more akin to the sleeping accomodation of a 17th century prison ship where the manacled are simply left to languish. Have bricks and mortor lost their value in the USA? Or have the Senators fell out with their corporate buddies and no longer accomodate them getting even richer off the backs of the incarcerated? God give us sanity. This from a nation that continually espouse it's 'moral values' around the world (often by military means). It is a crime against humanity. I applaud you Mr Krekorian. You are a ship amid a sea of fools.

Posted by: Sep at September 28, 2007 01:13 PM

Look at the pictures of real people whose loved ones have died horrible deaths and their families denied access to them even in their darkest hour. Then help these families by showing up their trials where they have filed lawsuits. We know that another 400 people are going to die this next year, the expenses are always the most expensive on the end of the illness

What the hell is the matter with these crazy Republican politicians that they think anyone respects this kind of inhumanity and cruelty to any American citizen?

http://www.1union1.com/about_UNION.htm

more photos of families standing up to the system

http://www.1union1.com/Sept7_rally_photos.html

We're reporting everything to the media, the ban of reporters to cover up this great inhumanity taking place isn't going to work out going forward. The families are being educated on what to do, they're talking and the news media is listening and reporting.

Anyone who participates in this kind of inhumane treatment is a criminal themselves. Nobody thinks that is "cool" except people who profit off the suffering of the sick and dying, mentally ill in our society.

How utterly disgusting that this bill wasn't signed last year

Posted by: Stephanie Gooding at September 28, 2007 04:55 PM

I wish you guys would go after Senator Denham the way you have gone after others. Read this Senators Letter to his constituents. Comment.

http://tracypress.com/content/view/11398/2244/

Posted by: Morris1 at September 28, 2007 06:10 PM

72% of the convicts are in prison for non-criminal behavior. Using drugs IS NOT criminal. The law makers can say kissing your wife is a crime...It's still not criminal! The people of the usa have been used and lied to, to the sum of $72 trillion in debt obligations to pay for their leaders prosperity and get nothing in return (you've heard "Johnny can't read"). I'm glad I quit paying and live a beautiful life camping in Malibu. I'm never working again and am not paying a dime to that debt! People quit pay; the simple life is easy.

Posted by: August at September 28, 2007 08:51 PM

I BET IF THE GOVERNOR AND OTHER POLOTICIANS HAD RELATIVES IN PRISON, IT WOULDN'T BE SO HARD FOR HIM TO SIGN THOSE BILLS FOR THE BETTER OF THE PRISONERS AND THEIR FAMILIES. HE KNOW ABOUT YESTERDAY, AND TODAY, BUT HE DOESN'T KNOW ABOUT TOMORROW.

Posted by: J HALE at September 28, 2007 10:12 PM

It's about time someone cared about the sick and dying,that are suffering,in these abusively crowded prisons.
Mr.Krekorian,thank you for having human compassion and standing up for humanity.You see the results of the continued gross mismanagement of our state.
Many families have desperately contacted state officials to no avail. You are willing to make a positive change for humanity and true public safety,and at the same time have highlighted the costs involved in the so call "caring" for those who are helplessly in need of a remedy.
We are many mothers,fathers and adult children of inmates,who will definitely remember who had the guts to go forward, when voting time comes around.
Politician's need to remember,there are 175,000 inmates sardined in these hell hole prisons,and that you will automatically have their votes,and this does not include extended family members.
You are not caught up with the fear mongering,that is always displayed by other politician's !!!
We the families applaud your courage and most important,your oath to uphold,your commitment to The Constitution Of The United States Of America.
The other politicians have disregarded their oath of office !!
-----
All Officials should have taken the Oath to uphold the Constitution and probably, they have never read it. We the famillies,are here to let them know that it is a crime to knowingly or unknowingly pass a law's that are unconstitutional,after they took an Oath to uphold it.
What is the crime?
1.PERJURY (they lied under oath, if they swore an oath),
2.TREASON (gives comfort to the enemy of the people).

Posted by: WeRalldoingTime~~ at September 29, 2007 10:56 AM

“release of the old, feeble,and sick. Are these individuals included in your bill?
If they are then it seems right.

70 percent of inmates doing time are non-violent offenders.

Harsh sentencing laws is the major factor to the over-crowding crisis.
One inmate dies every six days from medical neglect.What will you do for our loved ones who are dieing from these human-rights violations.Animals have rights,and the law is inforced. CDC abuses humans and nothing has been done about it. That is why the 3-judge panel is going forward;because law makers are negligent.They have been told for years to fix the over-crowding. We need a governor who is not out to lunch while people die.Our children are not disposable,politicians are. Those who don't do their jobs should be recalled,or voted out.
I support the U.N.I.O.N. Cayanne Bird is a great leader of prison reform. You should talk with her. She would tell you what we are suffering.Saving money is good,how about saving lives.

Compassionate release is a good start;but it is only the tip of the iceberg.

Posted by: Shaw at September 29, 2007 08:15 PM

I am curious as to why inmates do not sleep in shifts?

You could solve a great deal of overcrowding by having 3 prisoners to 1 bed as follows: Prisoner #1 - sleeps 8PM-4AM, Prisoner #2 sleeps 4AM-12PM, Prisoner #3 sleeps 12PM-8PM.

Each prisoner would get 8 hours of sleep and 16 hours of awake time cutting the awake population by 1/3.

Posted by: John Schuller at September 29, 2007 10:43 PM

Mr. Schuller

the prisoners live on their beds and in tiny cells no larger than a bathroom, often double-celled with a mentally ill person and kept locked down 23 hours or more a day.

Where would they go while someone else was in all their stuff? These aren't factory widgets, they are people, human beings, not slaves, but American citizens.

It is a constitutional violation to put people in such inhumane conditions and everybody participating is technically a criminal themselves including CDCR and the legislators.

This is why the judges had to step into the situation which is horrifying

Posted by: Michael Westmoreland at September 29, 2007 11:06 PM

Its a shame that it has to come to dollars and cents,to grab the attention,of people,to take notice,that inmates are human beings !! The sick and dying are completely powerless and do not pose a threat to society,any longer !! Governor Schwarzenegger,needs to sign the compassionate release bill SB 1539,immediately~~I have never witnessed such cruel punishment upon helpless patients !!!!
Thank You Mr. Krekorian
for displaying your "smarts on crime",you certainly do not hide behind,fear mongering.
I believe you are caring and sincere~~

Posted by: WeRalldoingTime~~ at September 30, 2007 05:35 AM

The US people are no different from the worst murderer in jail. They are guilty of murder for those humans deaths. And it's still happening. They keep killing those people. You do it to your poorest children too; no health care....what have you become?

Posted by: Leslie at September 30, 2007 08:13 PM

Mr. Westmoreland,

I probably should have stated first that I am only in favor of the 3 shifts per bed plan if -

Non violent drug offenders, people incarcerated for consensual crimes and incarcerated mentally ill people (who should be receiving a different and more humane treatment) be released from the prison system.

After that, I think that much jail space would be cleared.

As for where the prisoners can go for the other 16 hours a day? Perhaps studying, excercising and if they are innocent - fighting the system all the way.

Posted by: Jo' at September 30, 2007 09:44 PM

thank you for your comments. All the exercise equipment was taken from them years ago, when they are on lockdown, nobody can attend classes, the dayrooms are all full of beds. They are literally restricted to their bed for most of their lives. The law says they must be allowed to be outside for one hour a day, but many of the prisons break this law too.

The bunks are stacked three high, it's a very inhumane situation

Posted by: Michael Westmoreland at October 1, 2007 09:14 AM

Why has the Governor not signed this bill already?

What sick and dying inmate can apply to their original sentencing Court to request resetencing under Ab1539?

What a sad thing that my son is dying, wasting away in a cell with out of control diabetes, wheelchair bound, blind, heart problems, sick and nauseated all the time with hepatitis C, dying a slow and tortured death with no pain medication because, the prison does not stock the pain medication that the pain management doctor recommended so he gets nothing for pain and suffers.

It sickens me to think that all of this is happening to my brain damaged son and regardless of what help I offer it is all turned down. Sad, Sad way we treat a human being.

Posted by: Nora Weber at October 1, 2007 09:32 PM

Wow, Adolf Hitler has risen from the grave. Let's put Paul Krekorian in a comotose condition inside his own cell and let him be the first one to be the victim of his own law!

Posted by: Mary Stone at October 4, 2007 09:05 AM

Krekorian is good and the Governor is more like Adolph Hitler leaving people to die in prisons on a cold concrete floor based on an outdated and faulty philosophy that this will somehow "deter" mentally ill people from acting out their illness.

the criminals are wearing badges and sitting in elected office

Posted by: Stephanie Gooding at October 6, 2007 02:16 PM

Does anybody have the bill number in California for children of inmates. This bill would provide intervention and prevention services for the children of inmates?

Thank You,

Lupe

Posted by: Lupe at October 8, 2007 04:50 PM

Hi there
i find the order for the next hearing date for three judge panel on prisons go to
www.clearinghouse.wustl.edu/detail.php?id=573
click on documents and you will find the order for sept24 2007 and filed on 10/10/2007 you will find the next hearing date in this file i hope this help thank you dlangley48@netzero.net

Posted by: delang at October 26, 2007 09:57 AM

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