The U.S. Supreme Court has declined to intervene on a legal issue over whether a federal district court could issue a prisoner release order, which will release thousands of inmates from California’s overcrowded prisons. Although the Supreme Court dismissed the state’s petition on jurisdictional grounds, it has not ruled out a possibility that the case might be heard at a later date when a three-judge U.S. district court panel issues its final order implementing a release plan.
As part of the court-ordered release, the state of California will release over 40,000 inmates to remedy constitutional violations caused by a lack of adequate medical and mental health care due to the state’s overcrowded prison system. Among different ways of reducing overcrowding, California will use home detention and transfer some of prisoners to county jails, where they will stay for the remaining duration of their prison terms.
While crime rates in such states as New York, Illinois, and California are declining, the California prison population continues to grow. Between 1995 and 2007, violent and property crime rates in New York dropped by 51 percent and 47 percent, respectively; in California both crime rates decreased by 46 percent and 38 percent; and the numbers in Illinois fell 46 percent and 34 percent. However, during the same time California’s prison population grew over 31 percent.
As a result, in August of 2009, a panel of federal judges ordered California to cut its prison population by about 27 percent within two years. The judges determined that California had failed to comply with previous orders to fix the system and reduce crowding. The state appealed this decision in Coleman v. Schwarzenegger, contesting the right of a federal court to expand its jurisdiction over the operation of the California prison system.
If the U.S. Supreme Court later grants a writ of certiorari and decides to hear the case, oral arguments are likely to be scheduled for October of 2010. At that time, the justices will have the state’s detailed release plan before them, which will enable the court to rule on the real case and controversy between the parties and to avoid issuing an advisory opinion.
If you or a loved one has been charged with a crime, it is important that you talk to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters. Our attorneys are always researching the law and keeping up to date with any changes. This allows for our attorneys to best represent you and fully inform you of any relevant changes. Call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.
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