CA- Federal judges deny California’s request seeking to delay ruling on reducing inmate population

9-4-2009 California:

Federal judges refuse to delay Calif prison ruling

SACRAMENTO, Calif. — A special judicial panel denied a motion Thursday by the Schwarzenegger administration that sought to delay an order requiring California to reduce its prison population.

The panel of three federal judges scolded the administration for seeking the delay. The judges have ordered the state to reduce its inmate population by 40,000 inmates over two years. That’s about a quarter of all inmates housed in California’s 33 adult prisons.

“This court has been more than patient with the state and its officials” in waiting for California to reduce overcrowding to improve medical and mental health care for inmates, the judges said in a five-page ruling. “We are persuaded that it is now in the best interests of all concerned to act as swiftly as possible.”

The state is under order to submit a plan to reduce the prison population size to the court by Sept. 18.

In the motion that the panel acted on Thursday, the state had hoped to delay that submission while it appeals the overall prison population reduction order with the U.S. Supreme Court.

The administration filed notice of that main appeal Thursday. It was joined by Republican legislators and associations representing prosecutors, sheriffs, police chiefs and chief probation officers.

They argue the overall reduction order oversteps the judges’ authority to manage the state’s affairs, and violates a federal law that restricts judges’ actions in inmates rights cases.

In addition to that overall appeal, the state said it would also appeal Thursday’s motion that rejected the delay request.

Schwarzenegger spokesman Aaron McLear said the administration will ask the nation’s high court on Friday to stay the lower courts’ requirement that the state present its plan this month.

“We disagree with the findings of the three-judge panel, which is why we are appealing that decision,” said Schwarzenegger spokesman Aaron McLear.

The California-based judges said the administration already is pushing a plan in the Legislature that would nearly meet the goal the judges set in an Aug. 4 order. The proposal would reduce the population by about 37,000 inmates over two years by diverting many criminals to home confinement or local jails. ..Source..