WASHINGTON — California prison officials must remove tens of thousands of inmates from its prison rolls in the next two years, the U.S. Supreme Court ruled, saying persistent, severe overcrowding has resulted in “needless suffering and death” and violates the constitution’s ban on cruel and unusual punishment.
The ruling, one of the largest prison-release orders in the nation’s history, sharply split the court, with vivid descriptions of indecent care from the majority and outraged warnings of a “grim roster of victims” from some in the minority. It will force the state to reduce the number of inmates by more than 30,000, either by releasing some who are now held or by sending fewer local convicts to state prisons.
Justice Anthony Kennedy, a Sacramento, Calif., native, spoke from the bench about suicidal prisoners being held in “telephone-booth sized cages without toilets” and others sick with cancer or severe abdominal pain who died before they were seen by a doctor. As many as 200 prisoners may live in a gymnasium, and as many as 54 prisoners may share a single toilet, he said.
Kennedy, whose opinion was joined by his four liberal colleagues, said the state’s prisons were built to hold 80,000 inmates but were crowded with as many 156,000 a few years ago.
He cited a former Texas prison director who toured California prisons and described the conditions as “appalling,” “inhumane” and unlike any he had seen “in more than 35 years of prison work.”
The court’s four conservatives accused their colleagues of “gambling with the safety of the people of California,” in the words of Justice Samuel Alito.
“I fear that today’s decision will lead to a grim roster of victims. I hope that I am wrong. In a few years, we will see,” he said.
California Gov. Jerry Brown called for enactment of measures to enable the reductions and vowing that “I will take all steps necessary to protect public safety.” California prison officials said they hoped to avoid releasing many prisoners. Instead, they said they planned to “divert” low-level offenders to local facilities.
“Our goal is not to release inmates at all,” Matthew Cate, director of the California Department of Corrections and Rehabilitation, told reporters, though he conceded a release of some prisoners is still likely.
The ruling is sure to revive the debate over whether it is good policy to send more prisoners to long terms behind bars.
Other Supreme Court action
• No sides taken: The Supreme Court refused Monday to take sides in a dispute over a canceled contract for a Navy plane. The high court unanimously threw out court decisions that would have helped both the federal government and Boeing Co. and General Dynamics, the companies that were supposed to build 850 A-12 Avenger attack planes. The government and the contractors disagreed over who was responsible for delays and cost overruns.
• Appeal denied: The court turned down an appeal from Guantanamo detainees who fear they might be tortured or jailed if they are released from the U.S. naval base in Cuba. The justices rejected a plea from dozens of detainees who say they should have 30 days’ advance notice to challenge their transfer to countries where they have a reasonable fear of torture, or even continued confinement.
• Death penalty: The court rejected an appeal challenging the death penalty from an Arizona inmate set to be executed Wednesday for the rape and murder of a 13-year-old Tempe girl in 1984. Denver Post wire services
