Judge Rules Governor Schwarzenegger Broke the Law with Inmate Transfers

[The Straight Story]

Judge Rules Governor Broke the Law with Inmate Transfers

A Sacramento judge has ruled Gov. Schwarzenegger broke the law when he issued a state of emergency over prison overcrowding, a move that began transferring inmates out-of-state.

"We've warned from the start that what the governor was doing was illegal," said Chuck Alexander with the California Correctional Peace Officers Association (CCPOA). CCPOA and the state's service employees union had sued over the emergency declaration, claiming Schwarzenegger overstepped his authority in order to send inmates to private prisons in four other states.

Sacramento Superior Court Judge Gail Ohanesian ruled Tuesday morning. The governor's office called the ruling disappointing and a threat to public safety. Schwarzenegger said the state will file an appeal and seek a stay so that some 300 inmates already moved would not have to be brought back.

"Our prison system is in desperate need of repair, and the transferring of inmates out of state is a prudent alternative to the risk of court-ordered early release of felons," said Schwarzenegger in a prepared statement. "I will not release dangerous criminals to relieve overcrowding."

The judge heard arguments on the lawsuit Friday, February 16. In her ruling, Ohanesian acknowledged prison overcowding is a crisis, but said, "This is not the type of circumstance generally covered by the California Emergency Services Act. The intent ... is not to give the Governor extraordinary powers to act without legislative approval in matters such as this ..."

http://www.news10.net/display_story.aspx?storyid=24653

[Ian David]

1. The prisoners can all just live in Der Gropenfuhrer's Hummers. n/t

[PLF]

2. just decriminalize pot

There would be plenty of room for these prisoners.