DA files federal lawsuit to prevent early prisoner releases
By: JOHN HALL - Staff Writer | ∞
RIVERSIDE ---- The county's top prosecutor filed a lawsuit Tuesday in federal court seeking to prevent the early release of inmates because of overcrowding in state prisons.
Riverside County District Attorney Rod Pacheco was joined by San Diego County District Attorney Bonnie Dumanis and 13 other district attorneys in the suit, which was filed in United States District Court in both San Francisco and Sacramento.
The suit seeks to intervene in other federal lawsuits that led to the appointment of a three-judge panel tasked with recommending solutions to overcrowding, including prison population caps and early release for some prisoners.
"We are pleading our case to let these three judges know that early release would be a disaster to the safety of the public," Pacheco said Tuesday evening.
In May, Gov. Arnold Schwarzenegger signed into law Assembly Bill 900, a prison-reform plan that includes the addition of 53,000 beds to the state's overcrowded prisons, as well as county jails. The $7.8 billion agreement was reached by lawmakers in an effort to prevent the early release of prisoners as well as adding to the rehabilitation of inmates.
"We need to let that plan play out before going to the extreme" of early releases, Pacheco said.
In the lawsuit, the 15 district attorneys asked that no early release of prisoners be ordered until the prison reform has been implemented and its effects can be fully assessed.
It also requests that early releases not be authorized unless there is "clear and convincing evidence" that crowding is violating prisoners' civil rights and that no other action will remedy the violation.
The lawsuit also addresses the potential danger early releases would pose to public safety across the state.
There is the real possibility, Pacheco said, that tens of thousands of prisoners could be released early if a population cap was put into place by the three-judge panel.
Pacheco said he's heard that state prisons currently should house between 125,000 and 132,000 inmates, with the present population being about 170,000.
"There is no question we need more prisons and rehabilitation," Pacheco said.
Should the panel of judges decided to release prisoners early, the plan would be to set free those with the least amount of time remaining on their sentences, Pacheco said. So convicted murderers would not suddenly be going free.
If early releases were forced, Pacheco says Riverside County would be the hardest hit and potentially see the most harm to public safety.
"Riverside County has the largest percentage of prison commitments in the state and the law requires a prisoner be released back to the county which sent him there," Pacheco said.
With the lawsuit now filed, the next step, Pacheco says, is having the motion heard in federal court.
"I think we've moved quickly enough" to prevent anyone from being released early from prison, he said.
Contact staff writer John Hall at (951) 676-4315, Ext. 2628, or jhall@californian.com. Comment at www.californian.com.
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News Hog wrote on Aug 15, 2007 12:42 AM:this District Attorney Pacheco just loves to have his name in the paper. He is a real polititian. Purhapse if Riverside county didn't prosecute some many innocent people and coerce them into plea bargins the prison would not be over crowded.
Lock 'em up! wrote on Aug 15, 2007 8:43 AM:Any bleeding heart judge who mandates the early release of convicted gang bangers, thugs, dope fiends and sex offenders is placing the community in clear and present danger. Perhaps these dregs from prison should be released into the neighborhoods and homes of the judges who want to force these early releases onto a wary public. That would be poetic justice and maybe these dopey judges would actually learn that there are real life repercusssions to their "rose tinted" worldly decisions. Our communities WILL be SAFER if the DAs win their suit and these convicted felons serve their time in prison. Locked up criminals have a very difficult time victimizing innocent people and communities when locked up.
Agreed wrote on Aug 15, 2007 8:47 AM:This is what passes for reporting? Platitudes in the place of news. "It's for the public safety." Next he'll be saying, "it's for the children." "News" would be telling us who is in prison, and for what. How many are there for years for marijuana charges, or some minor offense? How many were forced into a plea bargain because the DA overcharges, and no judge has the backbone to stand up to the bully? And don't you dare tell us Emperor Rodric has no clothes. Any local attorney or even any judge will tell you what happens to the person who dares say anything against the Emperor.
I walk the line. wrote on Aug 15, 2007 10:05 AM:Her are some solutions to prison overcrowding. Prosecute Peace Officers for falsification of Peace Officers Reports, fund the public defenders office in order to give defendents constitutionally mandated "effective representation", require judges to give constitutionally mandated "reasonable" bail. Make sanctions against the D.As office for overchargeing, Bring in a madatory grand jury system for felony cases. Put a cap on election campaign funds funds (war chest) for the D.A.s office and Judges. As it is now it is political suicide for anyone to run against a siting Judge and Pachecos war chest is so large all the judges in this county are afraid to rule against him. We have a judical process that is way out of control.
So True wrote on Aug 15, 2007 10:13 AM:I believe if these DA's didn't empose these excessive Sentencing laws. Which is completely rediculous, our prisons would not be overcrowded. Prison Reform does need to be changed our sentencing laws definatley need to be changed and modified for first time offenders.
Ha ha wrote on Aug 15, 2007 10:45 AM:I walk the line is probably a CCPOA member, they hate being tough on crime, they just want their fat union inflated paychecks.
Jedi Knight wrote on Aug 15, 2007 11:19 AM:Another way to reduce the prison population is to get rid of parole it serves no purpose.
Concerned wrote on Aug 15, 2007 11:38 AM:If they are going to release prisoners early, why not do it by the "crime committed" and not the "time served". How ridiculous is that??? Marijuana users are hardly hardened criminals.
Denny wrote on Aug 15, 2007 12:33 PM:Somebody should introduce Governor Arnold to Sherif Joe Arpaio of Phoenix Arizona. ( not sure about spelling of name) Sheriff Joe houses HIS inmates in tents, out in the desert. His reasoning?,.." If tents are good enough for our troops in the middle east.......good enough for his prisoners" It's a helluva lot hotter in Afghanistan than it is is Phoenix
The solution is to build more prisons wrote on Aug 15, 2007 3:20 PM:If a criminal gets 60 days they should remain in jail for 60 days. Get rid of these short release terms for good behaviour and crime will decrease. People know they can play the system and do < 10% of their time. Most laugh at the system on their way out of prison. I'm willing to have my taxes raised for more prisons.
Me wrote on Aug 15, 2007 3:24 PM:You can blame it all on the DA for the over crowding. There are alot of people who should not be there, in prison or in the DA's office. Give the gut a title and he thinks he GOD. I just wonder how squeeky clean he is.
Ben wrote on Aug 15, 2007 3:27 PM:Another way to cut cost and reduce our prison population is to require speedy trials. Require the District Attorney to provide all discovery within 10 days of an arrest.
Mary wrote on Aug 15, 2007 7:27 PM:I don't think it really makes any difference who is to blame. The problem still exists regardless who is to blame. I don't know why there is such an uproar about releasing inmates with lesser crimes and time. Parol violators seem to be the ones taking up a lot of room. Why not reform the parol structure instead of picking up these men and women every time they sneeze.
JP wrote on Aug 15, 2007 8:02 PM:im not surprised riverside has the most people in the prison system. for one they do throw peroles back in for looking at the cops wrong,wich by the way show a grose abuse of power,you cant even walk or bikeride in riverside any more without getting a harsh shakedown by the rpd.
Seperation of Powers. wrote on Aug 15, 2007 9:51 PM:The D.A., the Sheriffd Department and the Judges all sleep together. The only one left out is the public pretenders. The public defenders office is so underfunded they do not even pretend to defend anyone anymore. All they do is bring you the D.A.s deal of the week.
PedroG wrote on Aug 16, 2007 8:46 AM:The prisons are filled with illegal aliens. Deport them and there will be plenty of room for citizens.
Rose C wrote on Aug 16, 2007 9:13 AM:Crowding in CA prisons & early release: Gov S ran his campaign on the promise of always trying to bring both sides together, why don’t we see more of this. The Gov has a perfect opportunity to mediate with attorneys and inmate groups to solve the problem of overcrowding in CA prisons. Everyone wants to see an inmate serve a fair sentence. A sentence free from prejudice of any kind. Unfortunately, CA harsh sentencing laws are not fair. Inmates are serving time for their crime, and then on top of that mandatory and enhancements are piled upon that time. The issue of sick and dying inmates and the mentally ill are a separate issue and needs to be addressed immediately. The Gov has proven he does not know how to negotiate, it is time for a three judge panel to come up with a solution for a fair systematic way to release prisoners that do not pose a threat to society and somehow make the unfair sentences that were imposed on these inmates fair.
Cindilee wrote on Aug 16, 2007 12:09 PM:It doesn't matter if you release a person early or not. If they are gonna offend again they will do so even if they are released after doing their time or if they are released early. The smart thing to do would be to rehabilitate them. Let them earn their early release,that way they have something to inspire them. Most reoffenders end up back in the system because they do not have coping skills or life skills.
Sorry wrote on Aug 16, 2007 5:11 PM:Pacheco only cares about Pacheco and the good he can do for himself. Govoner Pacheco that leaves a nasty taste in my mouth.
Michael wrote on Aug 16, 2007 5:20 PM:The smartest thing is to invest in prevention of mental illness and substance abuse, educate and support our young people, this is what would really reduce crime. Prisons create far more crime than they prevent. They are simply a pre-historic practice that has never worked, now they are an industry, a slave-labor industry. I for one do not want education and human services dollars taken to build more prisons.
Bethany wrote on Aug 17, 2007 2:38 PM:California prisons are nothing more than legalized slavery facilities. Prisoners are worked w/minimal compensation. Thier work is then sold to the market for a greater price. We the tax payers pay high taxes for the housing of the inmates 43,000 per inmate/annually. The politics for housing inmates is very corrupt. It fills the pocket books of the greedy politicians/law makers. Pacheco sounds like another greedy law maker who wants his moment of fame. California judges and DA's need to spend some time visiting the prisons to learn first hand of the horrible living conditions. These prisoners need help with rehabilitation. I have visited a family member in prison and I cannot believe how inhumane the prisoners are treated, as well as, family members. We are spending more money on the prisons than our children's education. I guess this is because it is easier to get away with leagalized slavery and over taxing when it comes to inmates. Many inmates come from a less desirable background, whether it is abuse, financial, lower education, ect... Therefore, possibly making easier for the corrupt politicians to take advantage of. Remember, politicians do not want to be known for taking candy from a baby/child. However, treating a less fortunate individual like an unwanted dog or slave is ok in thier minds. I will difinetly be changing my political views/votes. I have also been informed that the current prison population is greater than 73,000. I've been told at the time of the official count the corrictional dept had many new inmate in route from receiving facilities to the perminate prison housing. Could this be true. Sounds about right due to all the other corruption.
esteban wrote on Aug 20, 2007 9:22 AM:Bethany...you are right! Prison is TOO hard!!!!! We neeed more couches and massage tables in the pen. Also, maybe a nice tropical pool with a grotto and bar service. They have it too tough in there. It makes people not want to come back...that's not good.
Anna wrote on Sep 2, 2007 3:49 PM:Bethany, I agree with you 100%. I have a good friend in there who has been there since he was a teen. That was almost 17 years ago. Prisons are too crowded, medical help is unheard of, by many inmates, meals that are served to them are small in portions (so inmates lose weight. Families have to fund their trust accounts so they can buy more to eat. Families have to buy their quarterly packages, which contain clothing, shoes, tolitries etc. I know for a fact that lock downs are frequent, and being put in the shu or hole happens to inmates even when they didn't do anything to diserve it. Inmates mail is slow in coming, some dont receive mail for 20+ days from time it was sent. Due to the lack of mail clerks. Also inmates have a hard time getting their time restorations updated due to the fact that the case worker for the units are on vacations and when they get back they are too busy to mess with minor things as such. You don't know what an inmate goes through until you have stepped in their shoes. Some prisoners belong there. But by far more prisoners should of been released a long time ago. And one more thing, when a prisoner finally get freedom they must have a job, now how many jobs do you think will give a felon a job? Hence return to prison. I could go on and on about this but I'll let it stand as it is. I say cap and early releases is just what is needed, Not more prisons, but more rehabliltation, more health care, and counciling. Put more money to the prisoner who are getting released so they dont wind up back inside.
jane wrote on Oct 8, 2007 8:29 AM:the whole criminal justice system is corrupt. we have a prison industrial complex, and the reason the politicians want more prisoners is to fill for profit prisons being built all over our country these prisons are traded on wall st. fortunes and careers depend on being able to fill them with bodies. prisoners get no medical care, are treated worse than animals, and no one seems to care. we need to stop this mass incarceration NOW.
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