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"content": "\u003cfigure id=\"attachment_112677\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/3625_transform-11.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-112677\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/3625_transform-11.jpg\" alt=\"Fresno State Prison. (Monica Lam/KQED)\" width=\"640\" height=\"360\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Fresno State Prison. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>SACRAMENTO, Calif. (AP) — Federal judges agreed Tuesday to extend an end-of-year deadline for reducing California’s prison population in hopes of finding a long-term solution to an overcrowding crisis that has forced the state to spend billions of dollars to improve inmate medical care.\u003c/p>\n\u003cp>The ruling granted at least a temporary victory to Gov. Jerry Brown and leading lawmakers of both parties. They had been fighting against an early release of inmates, saying it jeopardized public safety.\u003c/p>\n\u003cp>The panel of three federal judges granted the delay until Jan. 27 but said all parties must meet with a separate judge, who will make recommendations to the panel by Oct. 21.\u003c/p>\n\u003cp>The order was the latest development in a seven-year court case centered on inmate medical care. The judges said the one-month delay and mediation process are intended to “ensure a durable solution” to the legal battle that has reached the U.S. Supreme Court.\u003c/p>\n\u003cp>In June, the judges had ordered the state to reduce its prison population by an additional 9,600 inmates by year’s end.\u003cbr>\n\u003c!--more-->\u003cbr>\nOne of the lead attorneys representing inmates in the case said he was hopeful the process would lead to a lasting reduction and better health care for the state’s inmate population.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“We’ve been litigating this since November 2006, so a one-month delay is not really significant in that context,” said Don Specter, director of the Berkeley-based Prison Law Office. “One month to figure out if we can get a sustainable solution to this whole program is well worth it, in my opinion.”\u003c/p>\n\u003cp>The three federal judges are asking the parties to examine the status of three-strikes inmates, elderly and infirm prisoners, those being held on immigration violations, juveniles and those considered low risk. The judges have said previously they believe the state can release some of those prisoners before their full sentences have been served without endangering public safety.\u003c/p>\n\u003cp>They said they do not want the mediator to consider transferring inmates to private prisons out of state, as the governor had previously proposed. Transfers to private prisons within California or available county jail cells can be among the solutions, according to the order.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A state corrections spokesman said the department would issue a statement responding to the court order later in the day.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_112677\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/3625_transform-11.jpg\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-112677\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/3625_transform-11.jpg\" alt=\"Fresno State Prison. (Monica Lam/KQED)\" width=\"640\" height=\"360\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Fresno State Prison. (Monica Lam/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>SACRAMENTO, Calif. (AP) — Federal judges agreed Tuesday to extend an end-of-year deadline for reducing California’s prison population in hopes of finding a long-term solution to an overcrowding crisis that has forced the state to spend billions of dollars to improve inmate medical care.\u003c/p>\n\u003cp>The ruling granted at least a temporary victory to Gov. Jerry Brown and leading lawmakers of both parties. They had been fighting against an early release of inmates, saying it jeopardized public safety.\u003c/p>\n\u003cp>The panel of three federal judges granted the delay until Jan. 27 but said all parties must meet with a separate judge, who will make recommendations to the panel by Oct. 21.\u003c/p>\n\u003cp>The order was the latest development in a seven-year court case centered on inmate medical care. The judges said the one-month delay and mediation process are intended to “ensure a durable solution” to the legal battle that has reached the U.S. Supreme Court.\u003c/p>\n\u003cp>In June, the judges had ordered the state to reduce its prison population by an additional 9,600 inmates by year’s end.\u003cbr>\n\u003c!--more-->\u003cbr>\nOne of the lead attorneys representing inmates in the case said he was hopeful the process would lead to a lasting reduction and better health care for the state’s inmate population.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“We’ve been litigating this since November 2006, so a one-month delay is not really significant in that context,” said Don Specter, director of the Berkeley-based Prison Law Office. “One month to figure out if we can get a sustainable solution to this whole program is well worth it, in my opinion.”\u003c/p>\n\u003cp>The three federal judges are asking the parties to examine the status of three-strikes inmates, elderly and infirm prisoners, those being held on immigration violations, juveniles and those considered low risk. The judges have said previously they believe the state can release some of those prisoners before their full sentences have been served without endangering public safety.\u003c/p>\n\u003cp>They said they do not want the mediator to consider transferring inmates to private prisons out of state, as the governor had previously proposed. Transfers to private prisons within California or available county jail cells can be among the solutions, according to the order.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>A state corrections spokesman said the department would issue a statement responding to the court order later in the day.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Brown, Legislature Make Deal on Prison Overcrowding",
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"content": "\u003cfigure id=\"attachment_110461\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/09/09/gov-brown-legislative-leaders-announce-deal-on-prison-overcrowding-plans/rs50_chinostateprisoninmates20130108-scr-3/\" rel=\"attachment wp-att-110461\">\u003cimg class=\"size-full wp-image-110461\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/RS50_ChinoStatePrisonInmates20130108-scr-e1378755097923.jpg\" alt=\"Prisoners at Chino State Prison, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\" width=\"640\" height=\"460\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Prisoners at Chino State Prison, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Gov. Jerry Brown and Democratic and Republican leaders of both the Senate and Assembly say they've reached a compromise on competing plans for meeting a federal court order to reduce prison overcrowding by the end of the year.\u003c/p>\n\u003cp>Brown, with Republican support, has proposed sending another 9,000 or so prisoners out of state (in addition to 9,000 already in prisons outside California). Democrats, including Senate President pro tem Darrell Steinberg, have proposed seeking more time from the court to meet the reduction order while launching an aggressive program to reduce the rate of inmates returning to prison. They also propose working with inmate lawyers at crafting a prison population cap.\u003c/p>\n\u003cp>Under an agreement announced today, the Legislature and governor would sign off on major points of both plans, then go with the one that will fit the requirements of the three-judge federal court panel overseeing the overcrowding case.\u003c/p>\n\u003cp>KQED's Sacramento Bureau Chief Scott Detrow had this quick take on the deal announced today:\u003c/p>\n\u003cblockquote>\u003cp>An interesting solution ... : Legislature will pass BOTH plans with language leaving it up to courts. If courts grant extension, it's the Senate plan with recidivism grant funding. If courts stick to hard 12/31 deadline it is the governor's capacity expansion.\u003c/p>\u003c/blockquote>\n\u003cp>Scott Detrow joins KQED's Mina Kim to hash out the details on the compromise:\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F109638191\">\u003c/iframe>\u003c/p>\n\u003cp>And here's part of the Twitter reportage from our old Sacramento guy, John Myers:\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>\"We're asking for time\" but \"we will comply with the orders\" of the courts on \u003ca href=\"https://twitter.com/search?q=%23caprison&src=hash\">#caprison\u003c/a> pop, says \u003ca href=\"https://twitter.com/JerryBrownGov\">@JerryBrownGov\u003c/a> \u003ca href=\"http://t.co/Ei6ZN7VFmt\">pic.twitter.com/Ei6ZN7VFmt\u003c/a>\u003c/p>\n\u003cp>— John Myers (@johnmyers) \u003ca href=\"https://twitter.com/johnmyers/statuses/377143646274867201\">September 9, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Here's the first Associated Press dispatch on the story: \u003c/strong>\u003c/p>\n\u003cp>SACRAMENTO — Gov. Jerry Brown and the four leaders of California's Legislature reached a compromise Monday on reducing the state's prison population, offering to spend more money on rehabilitation efforts if a panel of federal judges will extend an end-of-the-year deadline to release thousands of inmates.\u003c/p>\n\u003cp>The deal relies on the state persuading three federal judges to give California time to let rehabilitation programs work rather than spend $315 million to lease cells in private prisons and county jails.\u003c/p>\n\u003cp>The leaders agreed that if the judges don't extend the deadline, the state will fall back on Brown's plan to lease the cells.\u003c/p>\n\u003cp>\"There's insurance here against early release\" of prisoners, Senate President Pro Tem Darrell Steinberg, D-Sacramento, said at a news conference outside the governor's office, where he was joined by the governor and Democratic and Republican leaders of each chamber.\u003c/p>\n\u003cp>Steinberg had opposed Brown's plan and wanted to ask the judges to delay the deadline for three years while the state gave counties $200 million annually for drug, mental health and other rehabilitation programs.\u003c/p>\n\u003cp>The agreement reached Monday resolves the impasse as lawmakers race toward the end of the legislative session this week.\u003c/p>\n\u003cp>However, there is no guarantee the judges will go along.\u003c/p>\n\u003cp>The three-judge panel ordered the state to lower its prison population by about 9,600 inmates by year's end. Brown is appealing that decision to the U.S. Supreme Court, but the justices recently declined to delay the deadline set by the lower court.\u003c/p>\n\u003cp>Without an alternative, the judges have threatened to order the state to give thousands of inmates good time credits, which would lead to their early release. They have repeatedly threatened to hold Brown in contempt if the state does not meet the deadline to reduce the prison population to about 110,000 inmates.\u003c/p>\n\u003cp>The bill to be considered this week includes Brown's original plan to lease cells if the judges stick to the year-end deadline. If they grant an extension of time, a portion of the money that would have been spent to rent cells would instead go to rehabilitation programs.\u003c/p>\n\u003cp>Brown has argued that the state already reduced the population by 46,000 inmates to comply with court orders, primarily through a 2-year-old law that sentences lower level offenders to county jails instead of state prisons. He argues that only the most dangerous convicts remain in state prisons.\u003c/p>\n\u003cp>\"That's huge, that's monumental. We can build on that, but not in a month or a year,\" Brown said Monday about previous inmate reductions.\u003c/p>\n\u003cp>Steinberg had orchestrated opposition from Senate Democrats to Brown's plan and wanted the administration to negotiate with attorneys who represent inmates to push back the year-end deadline by three years. Brown rejected those talks, saying he would not let inmates' attorneys help determine the state's public safety policy.\u003c/p>\n\u003cp>The resulting compromise includes no new proposed deadline for the state to meet the court-ordered population level if an extension is granted, nor does it promise benchmarks or guarantees that the state would comply if granted more time, said Prison Law Office director Don Specter.\u003c/p>\n\u003cp>\"We don't believe it's sufficient to meet the court's order or even get a reasonable extension of time,\" said Specter, whose firm is among those that sued to force the state to reduce prison crowding to improve conditions. \"It's not specific enough, it's not certain enough.\"\u003c/p>\n\u003cp>Brown said he did not know what the three judges would do about the deadline.\u003c/p>\n\u003cp>However, Brown and Steinberg said they had been seeing \"smoke-signals\" that the judges were willing to consider the state's proposal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>J. Clark Kelso, appointed by the federal courts to oversee prison medical care, has been meeting with legislative and administrative officials in recent days. He and his spokeswoman declined comment.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_110461\" class=\"wp-caption alignright\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/09/09/gov-brown-legislative-leaders-announce-deal-on-prison-overcrowding-plans/rs50_chinostateprisoninmates20130108-scr-3/\" rel=\"attachment wp-att-110461\">\u003cimg class=\"size-full wp-image-110461\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/RS50_ChinoStatePrisonInmates20130108-scr-e1378755097923.jpg\" alt=\"Prisoners at Chino State Prison, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\" width=\"640\" height=\"460\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Prisoners at Chino State Prison, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>Gov. Jerry Brown and Democratic and Republican leaders of both the Senate and Assembly say they've reached a compromise on competing plans for meeting a federal court order to reduce prison overcrowding by the end of the year.\u003c/p>\n\u003cp>Brown, with Republican support, has proposed sending another 9,000 or so prisoners out of state (in addition to 9,000 already in prisons outside California). Democrats, including Senate President pro tem Darrell Steinberg, have proposed seeking more time from the court to meet the reduction order while launching an aggressive program to reduce the rate of inmates returning to prison. They also propose working with inmate lawyers at crafting a prison population cap.\u003c/p>\n\u003cp>Under an agreement announced today, the Legislature and governor would sign off on major points of both plans, then go with the one that will fit the requirements of the three-judge federal court panel overseeing the overcrowding case.\u003c/p>\n\u003cp>KQED's Sacramento Bureau Chief Scott Detrow had this quick take on the deal announced today:\u003c/p>\n\u003cblockquote>\u003cp>An interesting solution ... : Legislature will pass BOTH plans with language leaving it up to courts. If courts grant extension, it's the Senate plan with recidivism grant funding. If courts stick to hard 12/31 deadline it is the governor's capacity expansion.\u003c/p>\u003c/blockquote>\n\u003cp>Scott Detrow joins KQED's Mina Kim to hash out the details on the compromise:\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003ciframe width=\"100%\" height=\"166\" scrolling=\"no\" frameborder=\"no\" src=\"https://w.soundcloud.com/player/?url=http%3A%2F%2Fapi.soundcloud.com%2Ftracks%2F109638191\">\u003c/iframe>\u003c/p>\n\u003cp>And here's part of the Twitter reportage from our old Sacramento guy, John Myers:\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>\"We're asking for time\" but \"we will comply with the orders\" of the courts on \u003ca href=\"https://twitter.com/search?q=%23caprison&src=hash\">#caprison\u003c/a> pop, says \u003ca href=\"https://twitter.com/JerryBrownGov\">@JerryBrownGov\u003c/a> \u003ca href=\"http://t.co/Ei6ZN7VFmt\">pic.twitter.com/Ei6ZN7VFmt\u003c/a>\u003c/p>\n\u003cp>— John Myers (@johnmyers) \u003ca href=\"https://twitter.com/johnmyers/statuses/377143646274867201\">September 9, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>\u003cstrong>Here's the first Associated Press dispatch on the story: \u003c/strong>\u003c/p>\n\u003cp>SACRAMENTO — Gov. Jerry Brown and the four leaders of California's Legislature reached a compromise Monday on reducing the state's prison population, offering to spend more money on rehabilitation efforts if a panel of federal judges will extend an end-of-the-year deadline to release thousands of inmates.\u003c/p>\n\u003cp>The deal relies on the state persuading three federal judges to give California time to let rehabilitation programs work rather than spend $315 million to lease cells in private prisons and county jails.\u003c/p>\n\u003cp>The leaders agreed that if the judges don't extend the deadline, the state will fall back on Brown's plan to lease the cells.\u003c/p>\n\u003cp>\"There's insurance here against early release\" of prisoners, Senate President Pro Tem Darrell Steinberg, D-Sacramento, said at a news conference outside the governor's office, where he was joined by the governor and Democratic and Republican leaders of each chamber.\u003c/p>\n\u003cp>Steinberg had opposed Brown's plan and wanted to ask the judges to delay the deadline for three years while the state gave counties $200 million annually for drug, mental health and other rehabilitation programs.\u003c/p>\n\u003cp>The agreement reached Monday resolves the impasse as lawmakers race toward the end of the legislative session this week.\u003c/p>\n\u003cp>However, there is no guarantee the judges will go along.\u003c/p>\n\u003cp>The three-judge panel ordered the state to lower its prison population by about 9,600 inmates by year's end. Brown is appealing that decision to the U.S. Supreme Court, but the justices recently declined to delay the deadline set by the lower court.\u003c/p>\n\u003cp>Without an alternative, the judges have threatened to order the state to give thousands of inmates good time credits, which would lead to their early release. They have repeatedly threatened to hold Brown in contempt if the state does not meet the deadline to reduce the prison population to about 110,000 inmates.\u003c/p>\n\u003cp>The bill to be considered this week includes Brown's original plan to lease cells if the judges stick to the year-end deadline. If they grant an extension of time, a portion of the money that would have been spent to rent cells would instead go to rehabilitation programs.\u003c/p>\n\u003cp>Brown has argued that the state already reduced the population by 46,000 inmates to comply with court orders, primarily through a 2-year-old law that sentences lower level offenders to county jails instead of state prisons. He argues that only the most dangerous convicts remain in state prisons.\u003c/p>\n\u003cp>\"That's huge, that's monumental. We can build on that, but not in a month or a year,\" Brown said Monday about previous inmate reductions.\u003c/p>\n\u003cp>Steinberg had orchestrated opposition from Senate Democrats to Brown's plan and wanted the administration to negotiate with attorneys who represent inmates to push back the year-end deadline by three years. Brown rejected those talks, saying he would not let inmates' attorneys help determine the state's public safety policy.\u003c/p>\n\u003cp>The resulting compromise includes no new proposed deadline for the state to meet the court-ordered population level if an extension is granted, nor does it promise benchmarks or guarantees that the state would comply if granted more time, said Prison Law Office director Don Specter.\u003c/p>\n\u003cp>\"We don't believe it's sufficient to meet the court's order or even get a reasonable extension of time,\" said Specter, whose firm is among those that sued to force the state to reduce prison crowding to improve conditions. \"It's not specific enough, it's not certain enough.\"\u003c/p>\n\u003cp>Brown said he did not know what the three judges would do about the deadline.\u003c/p>\n\u003cp>However, Brown and Steinberg said they had been seeing \"smoke-signals\" that the judges were willing to consider the state's proposal.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>J. Clark Kelso, appointed by the federal courts to oversee prison medical care, has been meeting with legislative and administrative officials in recent days. He and his spokeswoman declined comment.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "When Whitey Bulger Was at Alcatraz",
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"content": "\u003cp>Archcriminal Whitey Bulger was \u003ca href=\"http://ww2.kqed.org/news/2013/08/12/whitey-bulger-verdict/#ap\">convicted today\u003c/a> in Boston on murder and racketeering charges, and he faces life in prison when he's sentenced on Nov. 13. Not the first time he's been there, of course. As we wrote about in 2011, when Bulger was captured after 17 years on the lam, he was incarcerated at Alcatraz from 1959-1963, part of a nine-year stretch incurred for a string of armed robberies. Here's his\u003ca href=\"http://www.alcatrazalumniassoc.org/bad_guys/pages/05.html\" target=\"_blank\"> mug shot\u003c/a> at The Rock ...\u003c/p>\n\u003cfigure id=\"attachment_106517\" class=\"wp-caption aligncenter\" style=\"max-width: 220px\">\u003ca href=\"http://www.alcatrazalumniassoc.org/bad_guys/pages/05.html\">\u003cimg class=\"size-full wp-image-106517 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/08/whitey-bulger.jpg\" alt=\"Photo: Bureau of Prisons\" width=\"220\" height=\"277\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Photo: Bureau of Prisons\u003c/figcaption>\u003c/figure>\n\u003cp>And here's a reprint of a 1988 \u003ca href=\"http://webcache.googleusercontent.com/search?q=cache:agWlWX6d4yMJ:rope.wrko-am.fimc.net/bulger/herald1.pdf+whitey+bolger+alcatraz&hl=en&gl=usboston%20herald%201988\">Boston Herald article\u003c/a> about the relationship between Bulger and \u003ca href=\"http://www.google.com/search?q=clarence+carnes\">Clarence Carnes\u003c/a> (also known as \"The Choctaw Kid\") that developed at the island prison. Carnes, a Native American, received a life sentence at the age of 16 for holding up a gas station.\u003c/p>\n\u003cp>According to the article, Bulger said that Carnes had taken him under his wing at Alcatraz. When Carnes died, Bulger had his body exhumed from a \"pauper's grave\" outside a Missouri prison hospital and sent to a burying ground on Choctaw land in Oklahoma. \u003c!--more-->\u003c/p>\n\u003cp>\u003ca name=\"ap\">\u003c/a>\u003c/p>\n\u003cp>Here's the full story on Bulger's conviction today, from AP ...\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>BOSTON (AP) — James \"Whitey\" Bulger, the feared Boston mob boss who became one of the nation's most wanted fugitives, was convicted Monday in a string of 11 killings and other gangland crimes, many of them committed while he was said to be an FBI informant.\u003c/p>\n\u003cp>Bulger, 83, showed no reaction upon hearing the verdict, which brought to a close a case that not only transfixed the city with its grisly violence but exposed corruption inside the Boston FBI and an overly cozy relationship between the bureau and its underworld snitches.\u003c/p>\n\u003cp>Bulger was charged primarily with racketeering, a catchall offense that listed 33 criminal acts — among them, 19 murders that he allegedly helped orchestrate or carried out himself during the 1970s and '80s while he led the Winter Hill Gang, Boston's ruthless Irish mob. The racketeering charge also included acts of extortion, conspiracy, money-laundering and drug dealing.\u003c/p>\n\u003cp>After 4½ days of deliberations, the jury decided he took part in 11 of those murders, along with nearly all the other crimes, as well as a laundry list of other counts, including possession of machine guns.\u003c/p>\n\u003cp>Bulger could get life in prison at his sentencing Nov. 13. But given his age, even a modest term could amount to a life sentence for the slightly stooped, white-bearded Bulger.\u003c/p>\n\u003cp>During the two-month trial, federal prosecutors portrayed him as a cold-blooded, hands-on boss who killed anyone he saw as a threat, along with innocent people who happened to be in the wrong place at the wrong time. Then, according to testimony, he would go off and take a nap while his underlings handled the cleanup.\u003c/p>\n\u003cp>Among other things, Bulger was accused of strangling two women with his bare hands, shooting two men in the head after chaining them to chairs and interrogating them for hours, and opening fire on two men as they left a South Boston restaurant.\u003c/p>\n\u003cp>Bulger, the model for Jack Nicholson's sinister crime boss in the 2006 Martin Scorsese movie \"The Departed,\" was seen for years as a kind of benevolent tough guy who bought Thanksgiving turkeys for fellow residents of working-class South Boston and kept hard drugs out of the neighborhood. But that image was shattered when authorities started digging up bodies.\u003c/p>\n\u003cp>\"This is not some Robin Hood story about a guy who kept angel dust and heroin out of Southie,\" prosecutor Fred Wyshak told the jury in closing arguments.\u003c/p>\n\u003cp>Bulger skipped town in 1994 after being tipped off — by a retired FBI agent, John Connolly, it turned out — that he was about to be indicted.\u003c/p>\n\u003cp>During 16 years on the run, Bulger was on the FBI's 10 Most Wanted list. He was finally captured in 2011 in Santa Monica, where he had been living in a rent-controlled apartment near the beach with his longtime girlfriend, Catherine Greig. She was sentenced to eight years in prison for helping Bulger evade the law.\u003c/p>\n\u003cp>His disappearance proved a major embarrassment to the FBI when it came out at court hearings and trials that Bulger had been an informant from 1975 to 1990, feeding the bureau information on the rival New England Mafia, as well as members of his own gang, while he continued to kill and intimidate.\u003c/p>\n\u003cp>Those proceedings also revealed that Bulger and his gang paid off several FBI agents and state and Boston police officers, dispensing Christmas envelopes of cash and cases of fine wine to get information on search warrants, wiretaps and investigations and stay one step ahead of the law.\u003c/p>\n\u003cp>At his trial, Bulger's lawyers tried to turn the tables on the government, detailing the corruption inside the FBI and accusing prosecutors of offering absurdly generous deals to three former Bulger loyalists to testify against him.\u003c/p>\n\u003cp>The defense portrayed the three key witnesses — gangster Stephen \"The Rifleman\" Flemmi, hit man John Martorano and Bulger protege Kevin Weeks — as pathological liars who pinned their own crimes on Bulger so they could get reduced sentences.\u003c/p>\n\u003cp>But overall, the defense barely contested many of the charges against Bulger. In fact, Bulger's lawyers conceded he ran a criminal enterprise that raked in millions through drugs, gambling and loan-sharking.\u003c/p>\n\u003cp>His lawyers did strongly deny he killed women, something Bulger evidently regarded as a violation of his underworld code of honor. The jury ultimately found he had a role in the strangling of one woman — Flemmi's stepdaughter — but it could not reach a decision on the other woman, Flemmi's girlfriend.\u003c/p>\n\u003cp>Prosecutors said the women were killed because they knew too much about the gang's business.\u003c/p>\n\u003cp>The defense also spent a surprising amount of time disputing he was a \"rat\" — a label that seemed to set off the hotheaded Bulger more than anything else, causing him to erupt in obscenities in the courtroom.\u003c/p>\n\u003cp>Bulger's lawyers argued that Connolly, Bulger's supposed handler inside the FBI, fabricated Bulger's thick informant file to cover up his corrupt relationship with the gangster and advance his own career. At the time, bringing down the Mafia was a major priority for the FBI.\u003c/p>\n\u003cp>The prosecution's witnesses also included numerous drug dealers, bookmakers and legitimate businessmen who described terrifying encounters with Bulger in which he ordered them to pay up or take a beating or worse.\u003c/p>\n\u003cp>Real estate developer Richard Buccheri said Bulger threatened to kill him and his family if he did not pay $200,000. Buccheri related how Bulger slammed his hand on a table in anger.\u003c/p>\n\u003cp>\"With that, he takes the shotgun that was on the table — he sticks it in my mouth,\" Buccheri said as spectators in the courtroom gasped.\u003c/p>\n\u003cp>Before the trial, Bulger's lawyers said he would take the stand and detail the corruption inside the FBI. Bulger planned to argue he was given immunity for all his crimes by a now-dead federal prosecutor. But Judge Denise Casper disallowed such a defense, and Bulger did not testify.\u003c/p>\n\u003cp>\"I feel that I've been choked off from having an opportunity to give an adequate defense,\" he complained to the judge as the trial wound down. \"My thing is, as far as I'm concerned, I didn't get a fair trial, and this is a sham, and do what youse want with me. That's it. That's my final word.\"\u003c/p>\n\u003cp>Bulger's life story fascinated Bostonians for decades. He grew up in a South Boston housing project and quickly became involved in crime, while his younger brother, William, rose to become one of the most powerful politicians in Massachusetts as state Senate president.\u003c/p>\n\u003cp>William Bulger was forced to resign as president of the University of Massachusetts system in 2003 after he testified before a congressional committee investigating the FBI's ties to his brother and acknowledged receiving a call from him after he fled Boston.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Two years earlier, William Bulger told a grand jury he did not urge his brother to surrender because he didn't \"think it would be in his interest to do so.\"\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Archcriminal Whitey Bulger was \u003ca href=\"http://ww2.kqed.org/news/2013/08/12/whitey-bulger-verdict/#ap\">convicted today\u003c/a> in Boston on murder and racketeering charges, and he faces life in prison when he's sentenced on Nov. 13. Not the first time he's been there, of course. As we wrote about in 2011, when Bulger was captured after 17 years on the lam, he was incarcerated at Alcatraz from 1959-1963, part of a nine-year stretch incurred for a string of armed robberies. Here's his\u003ca href=\"http://www.alcatrazalumniassoc.org/bad_guys/pages/05.html\" target=\"_blank\"> mug shot\u003c/a> at The Rock ...\u003c/p>\n\u003cfigure id=\"attachment_106517\" class=\"wp-caption aligncenter\" style=\"max-width: 220px\">\u003ca href=\"http://www.alcatrazalumniassoc.org/bad_guys/pages/05.html\">\u003cimg class=\"size-full wp-image-106517 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/08/whitey-bulger.jpg\" alt=\"Photo: Bureau of Prisons\" width=\"220\" height=\"277\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Photo: Bureau of Prisons\u003c/figcaption>\u003c/figure>\n\u003cp>And here's a reprint of a 1988 \u003ca href=\"http://webcache.googleusercontent.com/search?q=cache:agWlWX6d4yMJ:rope.wrko-am.fimc.net/bulger/herald1.pdf+whitey+bolger+alcatraz&hl=en&gl=usboston%20herald%201988\">Boston Herald article\u003c/a> about the relationship between Bulger and \u003ca href=\"http://www.google.com/search?q=clarence+carnes\">Clarence Carnes\u003c/a> (also known as \"The Choctaw Kid\") that developed at the island prison. Carnes, a Native American, received a life sentence at the age of 16 for holding up a gas station.\u003c/p>\n\u003cp>According to the article, Bulger said that Carnes had taken him under his wing at Alcatraz. When Carnes died, Bulger had his body exhumed from a \"pauper's grave\" outside a Missouri prison hospital and sent to a burying ground on Choctaw land in Oklahoma. \u003c!--more-->\u003c/p>\n\u003cp>\u003ca name=\"ap\">\u003c/a>\u003c/p>\n\u003cp>Here's the full story on Bulger's conviction today, from AP ...\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>BOSTON (AP) — James \"Whitey\" Bulger, the feared Boston mob boss who became one of the nation's most wanted fugitives, was convicted Monday in a string of 11 killings and other gangland crimes, many of them committed while he was said to be an FBI informant.\u003c/p>\n\u003cp>Bulger, 83, showed no reaction upon hearing the verdict, which brought to a close a case that not only transfixed the city with its grisly violence but exposed corruption inside the Boston FBI and an overly cozy relationship between the bureau and its underworld snitches.\u003c/p>\n\u003cp>Bulger was charged primarily with racketeering, a catchall offense that listed 33 criminal acts — among them, 19 murders that he allegedly helped orchestrate or carried out himself during the 1970s and '80s while he led the Winter Hill Gang, Boston's ruthless Irish mob. The racketeering charge also included acts of extortion, conspiracy, money-laundering and drug dealing.\u003c/p>\n\u003cp>After 4½ days of deliberations, the jury decided he took part in 11 of those murders, along with nearly all the other crimes, as well as a laundry list of other counts, including possession of machine guns.\u003c/p>\n\u003cp>Bulger could get life in prison at his sentencing Nov. 13. But given his age, even a modest term could amount to a life sentence for the slightly stooped, white-bearded Bulger.\u003c/p>\n\u003cp>During the two-month trial, federal prosecutors portrayed him as a cold-blooded, hands-on boss who killed anyone he saw as a threat, along with innocent people who happened to be in the wrong place at the wrong time. Then, according to testimony, he would go off and take a nap while his underlings handled the cleanup.\u003c/p>\n\u003cp>Among other things, Bulger was accused of strangling two women with his bare hands, shooting two men in the head after chaining them to chairs and interrogating them for hours, and opening fire on two men as they left a South Boston restaurant.\u003c/p>\n\u003cp>Bulger, the model for Jack Nicholson's sinister crime boss in the 2006 Martin Scorsese movie \"The Departed,\" was seen for years as a kind of benevolent tough guy who bought Thanksgiving turkeys for fellow residents of working-class South Boston and kept hard drugs out of the neighborhood. But that image was shattered when authorities started digging up bodies.\u003c/p>\n\u003cp>\"This is not some Robin Hood story about a guy who kept angel dust and heroin out of Southie,\" prosecutor Fred Wyshak told the jury in closing arguments.\u003c/p>\n\u003cp>Bulger skipped town in 1994 after being tipped off — by a retired FBI agent, John Connolly, it turned out — that he was about to be indicted.\u003c/p>\n\u003cp>During 16 years on the run, Bulger was on the FBI's 10 Most Wanted list. He was finally captured in 2011 in Santa Monica, where he had been living in a rent-controlled apartment near the beach with his longtime girlfriend, Catherine Greig. She was sentenced to eight years in prison for helping Bulger evade the law.\u003c/p>\n\u003cp>His disappearance proved a major embarrassment to the FBI when it came out at court hearings and trials that Bulger had been an informant from 1975 to 1990, feeding the bureau information on the rival New England Mafia, as well as members of his own gang, while he continued to kill and intimidate.\u003c/p>\n\u003cp>Those proceedings also revealed that Bulger and his gang paid off several FBI agents and state and Boston police officers, dispensing Christmas envelopes of cash and cases of fine wine to get information on search warrants, wiretaps and investigations and stay one step ahead of the law.\u003c/p>\n\u003cp>At his trial, Bulger's lawyers tried to turn the tables on the government, detailing the corruption inside the FBI and accusing prosecutors of offering absurdly generous deals to three former Bulger loyalists to testify against him.\u003c/p>\n\u003cp>The defense portrayed the three key witnesses — gangster Stephen \"The Rifleman\" Flemmi, hit man John Martorano and Bulger protege Kevin Weeks — as pathological liars who pinned their own crimes on Bulger so they could get reduced sentences.\u003c/p>\n\u003cp>But overall, the defense barely contested many of the charges against Bulger. In fact, Bulger's lawyers conceded he ran a criminal enterprise that raked in millions through drugs, gambling and loan-sharking.\u003c/p>\n\u003cp>His lawyers did strongly deny he killed women, something Bulger evidently regarded as a violation of his underworld code of honor. The jury ultimately found he had a role in the strangling of one woman — Flemmi's stepdaughter — but it could not reach a decision on the other woman, Flemmi's girlfriend.\u003c/p>\n\u003cp>Prosecutors said the women were killed because they knew too much about the gang's business.\u003c/p>\n\u003cp>The defense also spent a surprising amount of time disputing he was a \"rat\" — a label that seemed to set off the hotheaded Bulger more than anything else, causing him to erupt in obscenities in the courtroom.\u003c/p>\n\u003cp>Bulger's lawyers argued that Connolly, Bulger's supposed handler inside the FBI, fabricated Bulger's thick informant file to cover up his corrupt relationship with the gangster and advance his own career. At the time, bringing down the Mafia was a major priority for the FBI.\u003c/p>\n\u003cp>The prosecution's witnesses also included numerous drug dealers, bookmakers and legitimate businessmen who described terrifying encounters with Bulger in which he ordered them to pay up or take a beating or worse.\u003c/p>\n\u003cp>Real estate developer Richard Buccheri said Bulger threatened to kill him and his family if he did not pay $200,000. Buccheri related how Bulger slammed his hand on a table in anger.\u003c/p>\n\u003cp>\"With that, he takes the shotgun that was on the table — he sticks it in my mouth,\" Buccheri said as spectators in the courtroom gasped.\u003c/p>\n\u003cp>Before the trial, Bulger's lawyers said he would take the stand and detail the corruption inside the FBI. Bulger planned to argue he was given immunity for all his crimes by a now-dead federal prosecutor. But Judge Denise Casper disallowed such a defense, and Bulger did not testify.\u003c/p>\n\u003cp>\"I feel that I've been choked off from having an opportunity to give an adequate defense,\" he complained to the judge as the trial wound down. \"My thing is, as far as I'm concerned, I didn't get a fair trial, and this is a sham, and do what youse want with me. That's it. That's my final word.\"\u003c/p>\n\u003cp>Bulger's life story fascinated Bostonians for decades. He grew up in a South Boston housing project and quickly became involved in crime, while his younger brother, William, rose to become one of the most powerful politicians in Massachusetts as state Senate president.\u003c/p>\n\u003cp>William Bulger was forced to resign as president of the University of Massachusetts system in 2003 after he testified before a congressional committee investigating the FBI's ties to his brother and acknowledged receiving a call from him after he fled Boston.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "State's Response to Inmate Hunger Strike Frustrates Families",
"title": "State's Response to Inmate Hunger Strike Frustrates Families",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>One of the largest inmate hunger strikes in state history has entered its fourth week, but the mass protest hasn’t seemed to attract the attention of California’s leaders.\u003c/p>\n\u003cfigure id=\"attachment_105079\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-105079\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/hungerprotest-300x200.jpg\" alt=\"A group of protestors voice support for inmates on hunger strike outside of the Department of Corrections and Rehabilitation. (Scott Detrow / KQED)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">A group of protesters voices support for inmates on hunger strike outside the Department of Corrections and Rehabilitation. (Scott Detrow/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Gov. Jerry Brown has yet to publicly weigh in on the strike – his office has referred all questions about it to the Department of Corrections and Rehabilitation. And when KQED contacted Assembly Speaker John Perez and Senate President Pro Tem Darrell Steinberg about the protest last week, both leaders’ offices declined to comment.\u003c/p>\n\u003cp>The lack of response has the families of striking prisoners frustrated. “We need more people out here, we need more news coverage out here,” Silvia Rogokos told a group of protesters at the state Capitol Tuesday morning. “Because nobody cares about inmates.”\u003c/p>\n\u003cp>The primary focus of the strike is to pressure the state to end, or at least limit, the practice of isolating prisoners in long-term segregated housing. Rogokos said her brother, Frank Reyna, has spent more than two decades in Pelican Bay’s Security Housing Unit, or SHU. She worries the prolonged isolation has permanently damaged Reyna, who was convicted of second-degree murder. “They’re kept in these cells for 22 hours. They go out and exercise in what looks like a dog pen. There’s no rehabilitation for them, (so) how can he better himself? “ \u003c!--more-->\u003c/p>\n\u003cp>Corrections officials insist the segregated housing is needed to control gang leaders and dangerous criminals. CDCR spokesman Jeffrey Callison said, “The reality is that inmates in the security housing unit determine themselves how long they’re there for. They can get out of the housing units through renouncing their connection to a gang, through behavior improvements and through debriefing.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>KQED has \u003ca href=\"http://www.californiareport.org/archive/R201307120850/a\">taken a close look\u003c/a> at the\u003ca href=\"http://www.californiareport.org/archive/R201307110850/a\"> use of isolation units\u003c/a> in California’s prisons, as well as \u003ca href=\"http://www.californiareport.org/archive/R201307120850/a\">the changes\u003c/a> CDCR has recently put in place.\u003c/p>\n\u003cp>Rogokos and several other family members of inmates in segregated housing\u003ca href=\"http://www.latimes.com/news/local/la-me-ff-prison-strike-20130730,0,3604540.story\"> delivered a petition \u003c/a>to Brown’s office Tuesday morning, and then marched from the Capitol to CDCR’s headquarters about a half-mile away. She insisted strikers’ demands are “not unreasonable. They don’t want to run all over the place and be set out. All they want to be treated is humanely.”\u003cstrong>\u003c/strong>\u003c/p>\n\u003cp>While Brown and other leaders have yet to offer public comment on the 23-day-old strike, corrections officials did hold a meeting with inmate advocates last week. “It was an informational meeting,” said Callison. \"There wasn’t negotiation, there wasn’t mediation. It was an opportunity for the prisoners’ advocates to pose questions to CDCR executives and for them to answer to the best of their ability.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As of Monday afternoon, 561 inmates remain on hunger strike. That’s down from the initial total of about 29,000.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>One of the largest inmate hunger strikes in state history has entered its fourth week, but the mass protest hasn’t seemed to attract the attention of California’s leaders.\u003c/p>\n\u003cfigure id=\"attachment_105079\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-105079\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/07/hungerprotest-300x200.jpg\" alt=\"A group of protestors voice support for inmates on hunger strike outside of the Department of Corrections and Rehabilitation. (Scott Detrow / KQED)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">A group of protesters voices support for inmates on hunger strike outside the Department of Corrections and Rehabilitation. (Scott Detrow/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Gov. Jerry Brown has yet to publicly weigh in on the strike – his office has referred all questions about it to the Department of Corrections and Rehabilitation. And when KQED contacted Assembly Speaker John Perez and Senate President Pro Tem Darrell Steinberg about the protest last week, both leaders’ offices declined to comment.\u003c/p>\n\u003cp>The lack of response has the families of striking prisoners frustrated. “We need more people out here, we need more news coverage out here,” Silvia Rogokos told a group of protesters at the state Capitol Tuesday morning. “Because nobody cares about inmates.”\u003c/p>\n\u003cp>The primary focus of the strike is to pressure the state to end, or at least limit, the practice of isolating prisoners in long-term segregated housing. Rogokos said her brother, Frank Reyna, has spent more than two decades in Pelican Bay’s Security Housing Unit, or SHU. She worries the prolonged isolation has permanently damaged Reyna, who was convicted of second-degree murder. “They’re kept in these cells for 22 hours. They go out and exercise in what looks like a dog pen. There’s no rehabilitation for them, (so) how can he better himself? “ \u003c!--more-->\u003c/p>\n\u003cp>Corrections officials insist the segregated housing is needed to control gang leaders and dangerous criminals. CDCR spokesman Jeffrey Callison said, “The reality is that inmates in the security housing unit determine themselves how long they’re there for. They can get out of the housing units through renouncing their connection to a gang, through behavior improvements and through debriefing.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>KQED has \u003ca href=\"http://www.californiareport.org/archive/R201307120850/a\">taken a close look\u003c/a> at the\u003ca href=\"http://www.californiareport.org/archive/R201307110850/a\"> use of isolation units\u003c/a> in California’s prisons, as well as \u003ca href=\"http://www.californiareport.org/archive/R201307120850/a\">the changes\u003c/a> CDCR has recently put in place.\u003c/p>\n\u003cp>Rogokos and several other family members of inmates in segregated housing\u003ca href=\"http://www.latimes.com/news/local/la-me-ff-prison-strike-20130730,0,3604540.story\"> delivered a petition \u003c/a>to Brown’s office Tuesday morning, and then marched from the Capitol to CDCR’s headquarters about a half-mile away. She insisted strikers’ demands are “not unreasonable. They don’t want to run all over the place and be set out. All they want to be treated is humanely.”\u003cstrong>\u003c/strong>\u003c/p>\n\u003cp>While Brown and other leaders have yet to offer public comment on the 23-day-old strike, corrections officials did hold a meeting with inmate advocates last week. “It was an informational meeting,” said Callison. \"There wasn’t negotiation, there wasn’t mediation. It was an opportunity for the prisoners’ advocates to pose questions to CDCR executives and for them to answer to the best of their ability.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As of Monday afternoon, 561 inmates remain on hunger strike. That’s down from the initial total of about 29,000.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The head of California’s Corrections and Rehabilitation Department said a brand-new $840 million medical center is proof that federal judges are wrong about health care in the state’s crowded prison system.\u003c/p>\n\u003cfigure id=\"attachment_101166\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-101166\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/beard-stockton-300x200.jpg\" alt=\"CA Corrections Secretary Jeffrey Beard tours the new California Health Care Facility in Stockton (Scott Detrow / KQED)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">CA Corrections Secretary Jeffrey Beard tours the new California Health Care Facility in Stockton. (Scott Detrow / KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Dedicating the California Health Care Facility in Stockton Tuesday morning, Corrections Secretary Jeffrey Beard said the 1,700-bed complex will provide state-of-the-art care for California’s sickest inmates. “Yet the federal courts question California’s commitment to providing quality care to inmates,” Beard told a 200-person audience. “I ask you this: Does what you see behind me today – is that deliberate indifference?”\u003c/p>\n\u003cp>The dedication comes less than a week after \u003ca href=\"http://ww2.kqed.org/news/2013/06/20/california-prisons-lawsuit/\">a panel of federal judges issued its latest order \u003c/a>demanding California release 9,600 prisoners by the end of the year in order to comply with a mandatory population cap.\u003c/p>\n\u003cp>\u003ca href=\"http://www.californiareport.org/archive/R201306210850/a\">The 51-page ruling read like an exasperated rebuke\u003c/a>. The judges wrote the Brown administration has “directly defied this court’s orders,” used “tortured logic” to argue against their rulings,” and shown “repeated failure” to comply. That’s because the panel of judges has been ordering California to reduce its prison population to under 110,000 since 2009. The judges say the health care in the overcrowded prisons is so poor it violates the Constitution.\u003c/p>\n\u003cp>California’s most recent compliance plan falls more than 4,000 inmates short of achieving that goal by the court’s Dec. 31 deadline.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But Brown and Beard have repeatedly argued that the judges’ focus on population totals misses the point. Walking through the yard of the Stockton facility, Beard said he had invited the three judges to attend the ceremony. “And certainly any time they would want to come and take a tour, we’d be happy to take them,” he said.\u003c/p>\n\u003cp>The sickest prisoners in California’s prison system will soon be treated at the Stockton complex. “That means we take them out of other institutions in this state,” Beard told reporters. “Who no longer have those high-acuity people to treat. So that means they can actually have more inmates in that facility, and still handle the medical and mental health needs. Because we have consolidated those needs here at the Stockton facility.”\u003c/p>\n\u003cp>Brown is vowing to appeal the ruling all the way to the U.S. Supreme Court, \u003ca href=\"http://www.latimes.com/news/local/la-me-ff-brown-prisons-20130625,0,6754881.story\">but he has also submitted a plan to lawmakers to reach those benchmarks.\u003c/a>\u003c/p>\n\u003cp>Another setback for California’s prison system: \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_23531486/judge-california-must-move-inmates-two-prisons-because\">on Monday, a federal judge ordered the state to move thousands of inmates out of two Central Valley prisons\u003c/a>, due to the high risk of contracting the fungal infection called valley fever.\u003c/p>\n\u003cp>Beard said he’s worried the latest ruling could “destabilize” the state’s attempts to reduce the prison population.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The head of California’s Corrections and Rehabilitation Department said a brand-new $840 million medical center is proof that federal judges are wrong about health care in the state’s crowded prison system.\u003c/p>\n\u003cfigure id=\"attachment_101166\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-101166\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/beard-stockton-300x200.jpg\" alt=\"CA Corrections Secretary Jeffrey Beard tours the new California Health Care Facility in Stockton (Scott Detrow / KQED)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">CA Corrections Secretary Jeffrey Beard tours the new California Health Care Facility in Stockton. (Scott Detrow / KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Dedicating the California Health Care Facility in Stockton Tuesday morning, Corrections Secretary Jeffrey Beard said the 1,700-bed complex will provide state-of-the-art care for California’s sickest inmates. “Yet the federal courts question California’s commitment to providing quality care to inmates,” Beard told a 200-person audience. “I ask you this: Does what you see behind me today – is that deliberate indifference?”\u003c/p>\n\u003cp>The dedication comes less than a week after \u003ca href=\"http://ww2.kqed.org/news/2013/06/20/california-prisons-lawsuit/\">a panel of federal judges issued its latest order \u003c/a>demanding California release 9,600 prisoners by the end of the year in order to comply with a mandatory population cap.\u003c/p>\n\u003cp>\u003ca href=\"http://www.californiareport.org/archive/R201306210850/a\">The 51-page ruling read like an exasperated rebuke\u003c/a>. The judges wrote the Brown administration has “directly defied this court’s orders,” used “tortured logic” to argue against their rulings,” and shown “repeated failure” to comply. That’s because the panel of judges has been ordering California to reduce its prison population to under 110,000 since 2009. The judges say the health care in the overcrowded prisons is so poor it violates the Constitution.\u003c/p>\n\u003cp>California’s most recent compliance plan falls more than 4,000 inmates short of achieving that goal by the court’s Dec. 31 deadline.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But Brown and Beard have repeatedly argued that the judges’ focus on population totals misses the point. Walking through the yard of the Stockton facility, Beard said he had invited the three judges to attend the ceremony. “And certainly any time they would want to come and take a tour, we’d be happy to take them,” he said.\u003c/p>\n\u003cp>The sickest prisoners in California’s prison system will soon be treated at the Stockton complex. “That means we take them out of other institutions in this state,” Beard told reporters. “Who no longer have those high-acuity people to treat. So that means they can actually have more inmates in that facility, and still handle the medical and mental health needs. Because we have consolidated those needs here at the Stockton facility.”\u003c/p>\n\u003cp>Brown is vowing to appeal the ruling all the way to the U.S. Supreme Court, \u003ca href=\"http://www.latimes.com/news/local/la-me-ff-brown-prisons-20130625,0,6754881.story\">but he has also submitted a plan to lawmakers to reach those benchmarks.\u003c/a>\u003c/p>\n\u003cp>Another setback for California’s prison system: \u003ca href=\"http://www.mercurynews.com/crime-courts/ci_23531486/judge-california-must-move-inmates-two-prisons-because\">on Monday, a federal judge ordered the state to move thousands of inmates out of two Central Valley prisons\u003c/a>, due to the high risk of contracting the fungal infection called valley fever.\u003c/p>\n\u003cp>Beard said he’s worried the latest ruling could “destabilize” the state’s attempts to reduce the prison population.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>SACRAMENTO, Calif. (AP) — A panel of federal judges on Thursday rejected Gov. Jerry Brown's attempt to circumvent its long-standing order for reducing California's prison population, the latest step in an ongoing legal drama over how to improve the medical and mental health care for state inmates.\u003c/p>\n\u003cfigure id=\"attachment_100716\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-100716\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS50_ChinoStatePrisonInmates20130108-scr-300x215.jpg\" alt=\"File photo. An inmate at Chino State Prison. (Kevork Djansezian/Getty Images)\" width=\"300\" height=\"215\">\u003cfigcaption class=\"wp-caption-text\">File photo. An inmate at Chino State Prison. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The judges stopped short of citing the Democratic governor for contempt of court, as they had threatened earlier this year.\u003c/p>\n\u003cp>The plan submitted by the Brown administration in May to further reduce the inmate population failed to meet the judges' mandate because it fell short of the court-ordered population cap by 2,300 inmates, the judges said in their 51-page order. That order has been upheld by the U.S. Supreme Court.\u003c/p>\n\u003cp>The judges reiterated in their ruling that the governor must comply with the original order to reduce the population to 110,000 inmates by the end of the year. They ordered Brown to take all the steps he outlined in May, as well as one more step — the expansion of good-time credits leading to early release. Brown had offered that as an option, but it was not one he was willing to embrace.\u003c/p>\n\u003cp>The governor's plan for getting closer to the required level called for sending more inmates to firefighting camps, leasing cells at county jails, slowing the return of thousands of inmates now housed in private prisons in other states, increasing early release credits for nonviolent inmates and paroling elderly felons. \u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The judges said they want the administration to implement all the measures regardless of whether they conflict with any state or local laws.\u003c/p>\n\u003cp>The ruling from the three-judge panel was expected, and the governor already has filed notice that he intends to appeal to the U.S. Supreme Court.\u003c/p>\n\u003cp>Deborah Hoffman, a spokeswoman for the California Department of Corrections and Rehabilitation, said the administration is reviewing the order and had no immediate comment. However, the administration is expected to ask the courts to stay the judges' order while its appeal is underway.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>At issue is how far the state must go in reducing its inmate population to meet a previous court order to improve medical and mental health treatment. The courts have said that prison overcrowding is the main cause of care that fails to meet the constitutional guarantee against cruel and unusual punishment.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>SACRAMENTO, Calif. (AP) — A panel of federal judges on Thursday rejected Gov. Jerry Brown's attempt to circumvent its long-standing order for reducing California's prison population, the latest step in an ongoing legal drama over how to improve the medical and mental health care for state inmates.\u003c/p>\n\u003cfigure id=\"attachment_100716\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-100716\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/06/RS50_ChinoStatePrisonInmates20130108-scr-300x215.jpg\" alt=\"File photo. An inmate at Chino State Prison. (Kevork Djansezian/Getty Images)\" width=\"300\" height=\"215\">\u003cfigcaption class=\"wp-caption-text\">File photo. An inmate at Chino State Prison. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The judges stopped short of citing the Democratic governor for contempt of court, as they had threatened earlier this year.\u003c/p>\n\u003cp>The plan submitted by the Brown administration in May to further reduce the inmate population failed to meet the judges' mandate because it fell short of the court-ordered population cap by 2,300 inmates, the judges said in their 51-page order. That order has been upheld by the U.S. Supreme Court.\u003c/p>\n\u003cp>The judges reiterated in their ruling that the governor must comply with the original order to reduce the population to 110,000 inmates by the end of the year. They ordered Brown to take all the steps he outlined in May, as well as one more step — the expansion of good-time credits leading to early release. Brown had offered that as an option, but it was not one he was willing to embrace.\u003c/p>\n\u003cp>The governor's plan for getting closer to the required level called for sending more inmates to firefighting camps, leasing cells at county jails, slowing the return of thousands of inmates now housed in private prisons in other states, increasing early release credits for nonviolent inmates and paroling elderly felons. \u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The judges said they want the administration to implement all the measures regardless of whether they conflict with any state or local laws.\u003c/p>\n\u003cp>The ruling from the three-judge panel was expected, and the governor already has filed notice that he intends to appeal to the U.S. Supreme Court.\u003c/p>\n\u003cp>Deborah Hoffman, a spokeswoman for the California Department of Corrections and Rehabilitation, said the administration is reviewing the order and had no immediate comment. However, the administration is expected to ask the courts to stay the judges' order while its appeal is underway.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>At issue is how far the state must go in reducing its inmate population to meet a previous court order to improve medical and mental health treatment. The courts have said that prison overcrowding is the main cause of care that fails to meet the constitutional guarantee against cruel and unusual punishment.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "In California, Incarcerated Students Fall Through Gaps in Special Education Laws",
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"content": "\u003cp>\u003cem>by Joanna Lin, \u003c/em>Center for Investigative Reporting\u003c/p>\n\u003cp>TEHACHAPI, Calif. – School ended for Michael Garcia with a routine transfer from juvenile hall to adult county jail. There was no fanfare, diploma or cap and gown. He hadn’t graduated or dropped out.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/05/28/in-california-incarcerated-students-fall-through-gaps-in-special-education-laws/cir-logo-2/\" rel=\"attachment wp-att-98222\">\u003cimg class=\"size-medium wp-image-98222 alignleft\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/05/CIR-logo-300x72.png\" alt=\"CIR logo\" width=\"300\" height=\"72\">\u003c/a>He’d simply turned 18.\u003c/p>\n\u003cp>For the next 19 months, he was in limbo, unable to receive the high school diploma that he’ll need for most jobs and to attend college. Despite being eligible for special education under state and federal laws – Garcia has a learning disability, an auditory processing disorder and a speech and language impairment – in the Los Angeles County Men’s Central Jail, he was a student that no one wanted to teach.\u003c/p>\n\u003cp>California and federal laws allow students with disabilities to receive special education services until age 22. But the laws are vague enough that deciding who should provide that education is unclear.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Garcia has spent nearly five years in legal battles trying to hold someone accountable. This year, the California Supreme Court is expected to hear Garcia’s case to determine whether an incarcerated student’s local school district – the one in which his or her parents reside – is responsible for his or her special education.\u003c/p>\n\u003cfigure id=\"attachment_98224\" class=\"wp-caption alignright\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/2013/05/28/in-california-incarcerated-students-fall-through-gaps-in-special-education-laws/incarcerated-students/\" rel=\"attachment wp-att-98224\">\u003cimg class=\"size-full wp-image-98224\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/05/incarcerated-students.jpg\" alt=\"Michael Garcia (center in photograph), who was once a junior cadet in the Bell Police Department's junior explorer program, struggled to receive special education services as an inmate in the Los Angeles County Men's Central Jail for 19 months. (Kelvin Kuo/ Center for Investigative Reporting)\" width=\"200\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Michael Garcia (center in photograph) struggled to receive special education services as an inmate in the Los Angeles County Men's Central Jail. (Kelvin Kuo/ Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>The case has implications for county inmates with disabilities and school districts across the state that could be required to send teachers into jails to instruct special education students. In L.A. County jails alone, attorneys for Garcia estimate, between 400 and 700 young adults are eligible for special education on any given day.\u003c/p>\n\u003cp>The court’s decision will come too late for Garcia, who is incarcerated at a state prison – a system beyond the scope of his petition. Still, said Garcia, who turns 23 in June, “it’s the least I can do.”\u003c/p>\n\u003cp>“I know other people are struggling to get education too but don’t have the courage to keep pushing,” he said. “I already went through that struggle. Why not keep going to help everyone else?”\u003c/p>\n\u003cp>During a recent interview in prison, Garcia recited the Lord’s Prayer quickly, unblinking, through the thick glass of a visiting booth. The words weren’t always this easy for him to recall. Garcia grew up with his mother, Yamileth Fuentes, and four siblings in Bell, a small city in an industrial corridor southeast of downtown Los Angeles.\u003c!--more-->\u003c/p>\n\u003cp>After long hours of driving a county Metro bus, Fuentes would return home and teach Garcia angel prayers, first in Spanish and then in English, by having him repeat after her, line by line. Even after a month of saying the same prayers every night, Garcia would struggle to recite them on his own, Fuentes said. And because Garcia glossed over R’s and L’s, his words were garbled and difficult to understand.\u003c/p>\n\u003cp>In second grade, Garcia was found to have a learning disability caused by an auditory processing disorder and a speech and language impairment. He was assigned weekly speech therapy and placed in a special education class. Garcia said he hated the class for separating him from his peers and because it made him feel stupid.\u003c/p>\n\u003cp>So in sixth grade, when he realized he had been mistakenly placed in a general education course, Garcia said nothing. He relished the chance to prove he was smart, that he did not need special education after all.\u003c/p>\n\u003cp>“It was a conflict I had with myself because I knew I was smart enough,” he said.\u003c/p>\n\u003cp>He failed the class. With an F on his report card, Garcia was dropped from the Bell Police Department’s junior explorer program, in which he had been a proud junior cadet who hoped to someday be a police officer.\u003c/p>\n\u003cp>Garcia said he got involved with the wrong crowd shortly after. By the time he finished middle school, he was a member of the Barrio Mojados gang.\u003c/p>\n\u003cp>One evening in January 2006, Garcia was acting as a lookout as his friends tagged a corner store wall in South Los Angeles when two men from a rival gang came up to them and started shooting. Garcia said he ran toward them, shooting back.\u003c/p>\n\u003cp>He then took cover behind a car in the driveway of a nearby house. The man and woman who lived there told Garcia to get out and tried to push him off their property. As the couple tussled with Garcia near the front yard, another teenage boy approached, pulling a gun from his waistband.\u003c/p>\n\u003cp>The couple testified that Garcia told the other boy, a fellow gang member, to shoot the man – a claim Garcia denies. Still, the other boy fired, striking the man’s pants.\u003c/p>\n\u003cp>Garcia was sentenced to 12 years in state prison for one count of attempted murder and two counts of vandalism. With time served, he’ll be released in 2016, when he’s 26 years old.\u003c/p>\n\u003cp>Garcia was a high school freshman when he was sent to Barry J. Nidorf Juvenile Hall in Sylmar to await trial. The Los Angeles County Office of Education ran the special day class he attended and provided him each week with 45 minutes of speech therapy and 30 minutes of counseling, to help him manage frustrations he felt because of his learning disability.\u003c/p>\n\u003cp>“I was still a kid,” he said. “I was going to the classroom, hanging out, not doing my work, fighting. I got older and I was like, what am I doing?”\u003c/p>\n\u003cp>A few weeks after he turned 18, he was transferred to an L.A. County jail, and his special education services vanished.\u003c/p>\n\u003cp>Under California law, county offices of education serve students in juvenile halls. For all other students, state law generally holds the school district where a parent resides responsible for special education. The district remains responsible for the student, who may receive special education services until age 22, as long as his or her parent lives within district boundaries.\u003c/p>\n\u003cp>An administrative law judge in 2009 found that the law extends to students incarcerated in county jails and ordered the Los Angeles Unified School District to provide special education services to Garcia, which the district did while also appealing the decision.\u003c/p>\n\u003cp>A district court judge affirmed the decision, and L.A. Unified’s second appeal is now awaiting a hearing before the California Supreme Court. While the case is pending, a related class-action lawsuit – filed by Garcia and 10 other inmates against the district, state, county office of education and Los Angeles County Sheriff’s Department, among others – is on hold.\u003c/p>\n\u003cp>L.A. Unified is “meeting legal requirements” to provide special education to inmates whose parents resided in district boundaries when the inmate turned 18, a district spokeswoman said in an email.\u003c/p>\n\u003cp>The district currently provides special education services to one of L.A. County’s 18,520 inmates, said Sheriff’s Department spokesman Steve Whitmore. At most, he said, the county has had no more than five inmates receiving special education, all from L.A. Unified, at the same time.\u003c/p>\n\u003cp>In court documents, L.A. Unified said that because there’s no law specifically assigning school districts to provide special education to inmates, the state Department of Education is responsible. The state, on the other hand, said it provides special education services only if it finds local agencies are “unwilling or unable to do so” – a circumstance that it said was not the case for students in Los Angeles County jails.\u003c/p>\n\u003cp>The state is “shirking their responsibility,” said Paula Pearlman, executive director of the Disability Rights Legal Center and an attorney for Garcia. When the local district and county education offices fail, the state is the “district of last resort,” she said.\u003c/p>\n\u003cp>Since Garcia’s transfer from county jail to state prison in September 2010, the special education services he received under court order from L.A. Unified have stopped. He’s currently housed in the California Correctional Institution in Tehachapi.\u003c/p>\n\u003cp>Every Tuesday, Garcia attends a three-hour class in the prison to help him pass the General Educational Development test, which inmates can take once a month.\u003c/p>\n\u003cp>Practice exams have been challenging, he said, because he needs more time to comprehend each question than the test allows. The algebra in the test is difficult, too, especially because he can’t study with a calculator in his cell.\u003c/p>\n\u003cp>He plans to take the test as soon as he can receive additional time – an accommodation called for in his individualized education program, a legal document that outlines a special education student’s goals and services.\u003c/p>\n\u003cp>While Garcia’s case before the California Supreme Court is limited to L.A. Unified, Pearlman ultimately wants the state to provide oversight.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“If there was a system in place, it’s more likely these kids would get services … other than piecemeal, each district trying to figure out who’s there,” she said. “We don’t believe it should end based on your location.”\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>by Joanna Lin, \u003c/em>Center for Investigative Reporting\u003c/p>\n\u003cp>TEHACHAPI, Calif. – School ended for Michael Garcia with a routine transfer from juvenile hall to adult county jail. There was no fanfare, diploma or cap and gown. He hadn’t graduated or dropped out.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/05/28/in-california-incarcerated-students-fall-through-gaps-in-special-education-laws/cir-logo-2/\" rel=\"attachment wp-att-98222\">\u003cimg class=\"size-medium wp-image-98222 alignleft\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/05/CIR-logo-300x72.png\" alt=\"CIR logo\" width=\"300\" height=\"72\">\u003c/a>He’d simply turned 18.\u003c/p>\n\u003cp>For the next 19 months, he was in limbo, unable to receive the high school diploma that he’ll need for most jobs and to attend college. Despite being eligible for special education under state and federal laws – Garcia has a learning disability, an auditory processing disorder and a speech and language impairment – in the Los Angeles County Men’s Central Jail, he was a student that no one wanted to teach.\u003c/p>\n\u003cp>California and federal laws allow students with disabilities to receive special education services until age 22. But the laws are vague enough that deciding who should provide that education is unclear.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Garcia has spent nearly five years in legal battles trying to hold someone accountable. This year, the California Supreme Court is expected to hear Garcia’s case to determine whether an incarcerated student’s local school district – the one in which his or her parents reside – is responsible for his or her special education.\u003c/p>\n\u003cfigure id=\"attachment_98224\" class=\"wp-caption alignright\" style=\"max-width: 200px\">\u003ca href=\"http://ww2.kqed.org/news/2013/05/28/in-california-incarcerated-students-fall-through-gaps-in-special-education-laws/incarcerated-students/\" rel=\"attachment wp-att-98224\">\u003cimg class=\"size-full wp-image-98224\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/05/incarcerated-students.jpg\" alt=\"Michael Garcia (center in photograph), who was once a junior cadet in the Bell Police Department's junior explorer program, struggled to receive special education services as an inmate in the Los Angeles County Men's Central Jail for 19 months. (Kelvin Kuo/ Center for Investigative Reporting)\" width=\"200\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Michael Garcia (center in photograph) struggled to receive special education services as an inmate in the Los Angeles County Men's Central Jail. (Kelvin Kuo/ Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>The case has implications for county inmates with disabilities and school districts across the state that could be required to send teachers into jails to instruct special education students. In L.A. County jails alone, attorneys for Garcia estimate, between 400 and 700 young adults are eligible for special education on any given day.\u003c/p>\n\u003cp>The court’s decision will come too late for Garcia, who is incarcerated at a state prison – a system beyond the scope of his petition. Still, said Garcia, who turns 23 in June, “it’s the least I can do.”\u003c/p>\n\u003cp>“I know other people are struggling to get education too but don’t have the courage to keep pushing,” he said. “I already went through that struggle. Why not keep going to help everyone else?”\u003c/p>\n\u003cp>During a recent interview in prison, Garcia recited the Lord’s Prayer quickly, unblinking, through the thick glass of a visiting booth. The words weren’t always this easy for him to recall. Garcia grew up with his mother, Yamileth Fuentes, and four siblings in Bell, a small city in an industrial corridor southeast of downtown Los Angeles.\u003c!--more-->\u003c/p>\n\u003cp>After long hours of driving a county Metro bus, Fuentes would return home and teach Garcia angel prayers, first in Spanish and then in English, by having him repeat after her, line by line. Even after a month of saying the same prayers every night, Garcia would struggle to recite them on his own, Fuentes said. And because Garcia glossed over R’s and L’s, his words were garbled and difficult to understand.\u003c/p>\n\u003cp>In second grade, Garcia was found to have a learning disability caused by an auditory processing disorder and a speech and language impairment. He was assigned weekly speech therapy and placed in a special education class. Garcia said he hated the class for separating him from his peers and because it made him feel stupid.\u003c/p>\n\u003cp>So in sixth grade, when he realized he had been mistakenly placed in a general education course, Garcia said nothing. He relished the chance to prove he was smart, that he did not need special education after all.\u003c/p>\n\u003cp>“It was a conflict I had with myself because I knew I was smart enough,” he said.\u003c/p>\n\u003cp>He failed the class. With an F on his report card, Garcia was dropped from the Bell Police Department’s junior explorer program, in which he had been a proud junior cadet who hoped to someday be a police officer.\u003c/p>\n\u003cp>Garcia said he got involved with the wrong crowd shortly after. By the time he finished middle school, he was a member of the Barrio Mojados gang.\u003c/p>\n\u003cp>One evening in January 2006, Garcia was acting as a lookout as his friends tagged a corner store wall in South Los Angeles when two men from a rival gang came up to them and started shooting. Garcia said he ran toward them, shooting back.\u003c/p>\n\u003cp>He then took cover behind a car in the driveway of a nearby house. The man and woman who lived there told Garcia to get out and tried to push him off their property. As the couple tussled with Garcia near the front yard, another teenage boy approached, pulling a gun from his waistband.\u003c/p>\n\u003cp>The couple testified that Garcia told the other boy, a fellow gang member, to shoot the man – a claim Garcia denies. Still, the other boy fired, striking the man’s pants.\u003c/p>\n\u003cp>Garcia was sentenced to 12 years in state prison for one count of attempted murder and two counts of vandalism. With time served, he’ll be released in 2016, when he’s 26 years old.\u003c/p>\n\u003cp>Garcia was a high school freshman when he was sent to Barry J. Nidorf Juvenile Hall in Sylmar to await trial. The Los Angeles County Office of Education ran the special day class he attended and provided him each week with 45 minutes of speech therapy and 30 minutes of counseling, to help him manage frustrations he felt because of his learning disability.\u003c/p>\n\u003cp>“I was still a kid,” he said. “I was going to the classroom, hanging out, not doing my work, fighting. I got older and I was like, what am I doing?”\u003c/p>\n\u003cp>A few weeks after he turned 18, he was transferred to an L.A. County jail, and his special education services vanished.\u003c/p>\n\u003cp>Under California law, county offices of education serve students in juvenile halls. For all other students, state law generally holds the school district where a parent resides responsible for special education. The district remains responsible for the student, who may receive special education services until age 22, as long as his or her parent lives within district boundaries.\u003c/p>\n\u003cp>An administrative law judge in 2009 found that the law extends to students incarcerated in county jails and ordered the Los Angeles Unified School District to provide special education services to Garcia, which the district did while also appealing the decision.\u003c/p>\n\u003cp>A district court judge affirmed the decision, and L.A. Unified’s second appeal is now awaiting a hearing before the California Supreme Court. While the case is pending, a related class-action lawsuit – filed by Garcia and 10 other inmates against the district, state, county office of education and Los Angeles County Sheriff’s Department, among others – is on hold.\u003c/p>\n\u003cp>L.A. Unified is “meeting legal requirements” to provide special education to inmates whose parents resided in district boundaries when the inmate turned 18, a district spokeswoman said in an email.\u003c/p>\n\u003cp>The district currently provides special education services to one of L.A. County’s 18,520 inmates, said Sheriff’s Department spokesman Steve Whitmore. At most, he said, the county has had no more than five inmates receiving special education, all from L.A. Unified, at the same time.\u003c/p>\n\u003cp>In court documents, L.A. Unified said that because there’s no law specifically assigning school districts to provide special education to inmates, the state Department of Education is responsible. The state, on the other hand, said it provides special education services only if it finds local agencies are “unwilling or unable to do so” – a circumstance that it said was not the case for students in Los Angeles County jails.\u003c/p>\n\u003cp>The state is “shirking their responsibility,” said Paula Pearlman, executive director of the Disability Rights Legal Center and an attorney for Garcia. When the local district and county education offices fail, the state is the “district of last resort,” she said.\u003c/p>\n\u003cp>Since Garcia’s transfer from county jail to state prison in September 2010, the special education services he received under court order from L.A. Unified have stopped. He’s currently housed in the California Correctional Institution in Tehachapi.\u003c/p>\n\u003cp>Every Tuesday, Garcia attends a three-hour class in the prison to help him pass the General Educational Development test, which inmates can take once a month.\u003c/p>\n\u003cp>Practice exams have been challenging, he said, because he needs more time to comprehend each question than the test allows. The algebra in the test is difficult, too, especially because he can’t study with a calculator in his cell.\u003c/p>\n\u003cp>He plans to take the test as soon as he can receive additional time – an accommodation called for in his individualized education program, a legal document that outlines a special education student’s goals and services.\u003c/p>\n\u003cp>While Garcia’s case before the California Supreme Court is limited to L.A. Unified, Pearlman ultimately wants the state to provide oversight.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>When it comes to California’s prison population, Gov. Jerry Brown is in a tough spot. On the one hand, \u003ca href=\"http://ww2.kqed.org/news/2013/04/12/court-ruling-on-prisons-a-setback-for-gov-brown/\">federal judges are threatening him with contempt if he doesn’t reduce the state’s prison population \u003c/a>by about 9,000 before the end of the year. On the other hand, groups such as Crime Victims United of California contend Brown’s realignment plan, which lowered inmate totals by about 25,000, has led to an uptick in violent crime.\u003c/p>\n\u003cfigure id=\"attachment_69484\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-69484\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/07/jerry-brown.jpg\" alt=\"California Governor Jerry Brown\" width=\"300\" height=\"300\">\u003cfigcaption class=\"wp-caption-text\">California Governor Jerry Brown\u003c/figcaption>\u003c/figure>\n\u003cp>The Democrat spoke to the group during a Tuesday afternoon rally. Appearing after numerous speakers had railed against realignment, Brown told the crowd that he’ll keep pushing to end federal oversight of California’s prison system, despite two recent court rulings stating the prison population is still so high that it violated the United States Constitution.\u003c/p>\n\u003cp>“I’m working every day to figure out how to take this case – which we’re losing now – to get in front of the U.S. Supreme Court,” Brown said, “So we don’t have to let out those 10,000 people. And I pledge to you I’ll do everything under the law to achieve that result.”\u003c/p>\n\u003cp>\u003ca href=\"http://www.nytimes.com/2011/05/24/us/24scotus.html?pagewanted=all&_r=0\">The Supreme Court upheld rulings\u003c/a> ordering California to reduce its prison population in 2011, but Brown challenged the ongoing federal oversight again in January. At the time, he \u003ca href=\"http://www.sfgate.com/news/article/Jerry-Brown-says-prison-emergency-over-4177497.php\">said the state had done enough to reduce its prison population\u003c/a> to a current level of around 119,000 inmates. “The prison emergency is over in California,” he said, adding the state “can’t pour more and more dollars down the rat hole of incarceration.”\u003cbr>\n\u003c!--more-->\u003cbr>\n\u003ca href=\"http://www.cdcr.ca.gov/News/docs/3JP-April-2013/Three-Judge-Panel-4-11-13-Order.pdf\">In its recent ruling\u003c/a>, a three-judge panel said Brown’s refusal to comply with federal orders qualified as “contumacious conduct.”\u003c/p>\n\u003cp>“I’m not contemptuous and I’m not contumacious,” Brown replied on Tuesday. “In fact, I had to look in the dictionary to figure out what the hell that word meant. I’ve been called a lot of things in my life. Moonbeam. This and that, all sorts of things in the last 40 years. I had never been called contumacious until that three-judge panel issued their opinion.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>For the record, \u003ca href=\"http://www.merriam-webster.com/dictionary/contumacious\">Merriam-Webster gives the definition as “stubbornly disobedient.”\u003c/a>\u003c/p>\n\u003cp>While Brown is vowing to appeal the recent court rulings, he’ll also work to craft legislation aimed at further lowering California’s prison population. In the past, judges have suggested California could lower its inmate levels through a combination of early release, sentencing reform and an “expansion of evidence-based rehabilitative programming,” in addition to diverting parole violators and low-risk offenders to county jails.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>But Brown warned new bills would come with a cost. “We’re not going to manufacture money,” he told reporters after the speech. “So anything they want to spend on prisons, they better find another place to cut it from.”\u003c/p>\n\n",
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"title": "Brown Vows To Take Prison Population Battle Back To Supreme Court | KQED",
"description": "When it comes to California’s prison population, Gov. Jerry Brown is in a tough spot. On the one hand, federal judges are threatening him with contempt if he doesn’t reduce the state’s prison population by about 9,000 before the end of the year. On the other hand, groups such as Crime Victims United of California contend Brown’s realignment plan, which lowered inmate totals by about 25,000, has led to an uptick in violent crime. The Democrat spoke to the group during a Tuesday afternoon rally. Appearing after numerous speakers had railed against realignment, Brown told the crowd that he’ll keep",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>When it comes to California’s prison population, Gov. Jerry Brown is in a tough spot. On the one hand, \u003ca href=\"http://ww2.kqed.org/news/2013/04/12/court-ruling-on-prisons-a-setback-for-gov-brown/\">federal judges are threatening him with contempt if he doesn’t reduce the state’s prison population \u003c/a>by about 9,000 before the end of the year. On the other hand, groups such as Crime Victims United of California contend Brown’s realignment plan, which lowered inmate totals by about 25,000, has led to an uptick in violent crime.\u003c/p>\n\u003cfigure id=\"attachment_69484\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-69484\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/07/jerry-brown.jpg\" alt=\"California Governor Jerry Brown\" width=\"300\" height=\"300\">\u003cfigcaption class=\"wp-caption-text\">California Governor Jerry Brown\u003c/figcaption>\u003c/figure>\n\u003cp>The Democrat spoke to the group during a Tuesday afternoon rally. Appearing after numerous speakers had railed against realignment, Brown told the crowd that he’ll keep pushing to end federal oversight of California’s prison system, despite two recent court rulings stating the prison population is still so high that it violated the United States Constitution.\u003c/p>\n\u003cp>“I’m working every day to figure out how to take this case – which we’re losing now – to get in front of the U.S. Supreme Court,” Brown said, “So we don’t have to let out those 10,000 people. And I pledge to you I’ll do everything under the law to achieve that result.”\u003c/p>\n\u003cp>\u003ca href=\"http://www.nytimes.com/2011/05/24/us/24scotus.html?pagewanted=all&_r=0\">The Supreme Court upheld rulings\u003c/a> ordering California to reduce its prison population in 2011, but Brown challenged the ongoing federal oversight again in January. At the time, he \u003ca href=\"http://www.sfgate.com/news/article/Jerry-Brown-says-prison-emergency-over-4177497.php\">said the state had done enough to reduce its prison population\u003c/a> to a current level of around 119,000 inmates. “The prison emergency is over in California,” he said, adding the state “can’t pour more and more dollars down the rat hole of incarceration.”\u003cbr>\n\u003c!--more-->\u003cbr>\n\u003ca href=\"http://www.cdcr.ca.gov/News/docs/3JP-April-2013/Three-Judge-Panel-4-11-13-Order.pdf\">In its recent ruling\u003c/a>, a three-judge panel said Brown’s refusal to comply with federal orders qualified as “contumacious conduct.”\u003c/p>\n\u003cp>“I’m not contemptuous and I’m not contumacious,” Brown replied on Tuesday. “In fact, I had to look in the dictionary to figure out what the hell that word meant. I’ve been called a lot of things in my life. Moonbeam. This and that, all sorts of things in the last 40 years. I had never been called contumacious until that three-judge panel issued their opinion.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>For the record, \u003ca href=\"http://www.merriam-webster.com/dictionary/contumacious\">Merriam-Webster gives the definition as “stubbornly disobedient.”\u003c/a>\u003c/p>\n\u003cp>While Brown is vowing to appeal the recent court rulings, he’ll also work to craft legislation aimed at further lowering California’s prison population. In the past, judges have suggested California could lower its inmate levels through a combination of early release, sentencing reform and an “expansion of evidence-based rehabilitative programming,” in addition to diverting parole violators and low-risk offenders to county jails.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>But Brown warned new bills would come with a cost. “We’re not going to manufacture money,” he told reporters after the speech. “So anything they want to spend on prisons, they better find another place to cut it from.”\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Court Ruling on Prisons a Setback for Gov. Brown",
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"content": "\u003cp>Governor Jerry Brown continues to \u003ca href=\"http://www.californiareport.org/archive/R201304120850/a\">travel through China\u003c/a>, taking a bullet train from Beijing to Shanghai, inking trade deals and setting a brisk pace.\u003c/p>\n\u003cp>But when the governor gets home next week from his largely successful trade and business trip, he faces another federal court ruling rejecting his bid to end judicial oversight of California's prison system.\u003c/p>\n\u003cfigure id=\"attachment_94046\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/chinoprison.jpg\">\u003cimg class=\"size-medium wp-image-94046\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/chinoprison-300x194.jpg\" alt=\"An inmate at Chino State Prison sleeps on his bunk bed in a gymnasium that was modified to house prisoners on December 10, 2010 in Chino, California. (Kevork Djansezian/Getty Images)\" width=\"300\" height=\"194\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An inmate at Chino State Prison sleeps on his bunk bed in a gymnasium that was modified to house prisoners on December 10, 2010 in Chino, California. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>A three-judge panel unanimously ruled the state must reduce the prison population by a percentage that works out to about 9,500 fewer inmates. KQED's Michael Montgomery spoke with \u003ca href=\"http://www.californiareport.org/archive/R201304120850/b\">The California Report’s\u003c/a> Rachael Myrow about the impact of the ruling.\u003c/p>\n\u003cp>“This is a huge setback for Gov. Brown. He's invested a lot of time and energy trying to convince the courts that essentially California’s prison crisis is over and that inmates are getting adequate mental health and medical care,” Montgomery said. “And federal judges have just not bought the governor's arguments. Now the state has to come up with a plan to further reduce the inmate population.”\u003c!--more-->\u003c/p>\n\u003cp>It’s a plan the judges want to see in three weeks. The California Department of Corrections and Rehabilitation issued a statement saying, \"California has invested more than a billion dollars to transform its prison health care system into one of the best in the country. Our prisons now provide timely and effective health care to inmates that far exceeds what the Constitution requires.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>This isn't the only recent setback for Brown on prisons. A federal judge on April 5 \u003ca href=\"http://ww2.kqed.org/news/2013/04/05/judge-rules-against-calif-control-of-prison-mental-health-programs/\">rejected Brown's bid\u003c/a> to regain state control of inmates' mental health care, citing systematic failures to reduce prison suicides, provide timely care and hire enough staff.\u003c/p>\n\u003cp>Read the Associated Press report by Tom Verdin below.\u003c/p>\n\u003cp>SACRAMENTO, Calif. (AP) — A federal judicial panel on Thursday denied Gov. Jerry Brown's request to lift a court-ordered prison population cap and threatened him and other state officials with contempt of court if they fail to comply.\u003c/p>\n\u003cp>The ruling by the three-judge panel singled out the Democratic governor for ignoring its earlier orders to reduce the state's inmate population to the level ordered by the federal courts. Judges have said that capping the population is the most important step the state can take to improve inmate medical and mental health care.\u003c/p>\n\u003cp>In January, the governor sought to end the long-running court oversight of California's prison system and promised to take his fight again to the U.S. Supreme Court if necessary. At the time, he decried the billions of dollars California is spending to improve inmate medical and mental health care, saying the court had ordered the state to create \"gold plate\" prisons that were siphoning money from public schools, colleges, social services and other programs.\u003c/p>\n\u003cp>The judicial panel was unmoved.\u003c/p>\n\u003cp>Naming Brown, it said state officials must take whatever steps are necessary to comply with the court's inmate-reduction order by the end of this year or face the consequences.\u003c/p>\n\u003cp>Otherwise, \"they will without further delay be subject to findings of contempt, individually and collectively. We make this observation reluctantly, but with determination that defendants will not be allowed to continue to violate the requirements of the Constitution of the United States.\"\u003c/p>\n\u003cp>The governor's office did not immediately respond to requests for comment, but corrections department spokeswoman Deborah Hoffman said the administration will appeal.\u003c/p>\n\u003cp>In an emailed statement, Hoffman said the quality of medical care delivered to California's prison inmates \"far exceeds\" the requirements of the Constitution. Any further steps to reduce the inmate population would jeopardize public safety, she said.\u003c/p>\n\u003cp>Thursday's ruling in favor of the inmates' attorneys was expected and is the latest development in two partially consolidated legal cases that date back several years.\u003c/p>\n\u003cp>One case, filed in 1990, concerns the treatment of mentally inmates. The other, filed in 2001, concerns substandard medical care. In both cases, the federal courts have ruled that the care provided by California's prison system was so poor it violated inmates' constitutional rights against cruel and unusual punishment.\u003c/p>\n\u003cp>Just last week, one of the judges on the panel rejected Brown's attempt to end the lawsuit over mental health care.\u003c/p>\n\u003cp>In both cases, the courts have appointed federal overseers to run those aspects of the prison system. The state has responded by building new medical and mental health facilities and hiring hundreds of new employees, many at salaries that exceed $200,000 a year.\u003c/p>\n\u003cp>Brown's boldest response has been his so-called prison realignment plan, which took effect in October 2011 and is sending thousands of lower-level offenders to county jails instead of state prisons.\u003c/p>\n\u003cp>That law alone has reduced the prison population by nearly 25,000 inmates, but it is still not enough to comply with the court order. The state still needs to reduce its inmate population by roughly 9,000 more inmates in its 33 adult prisons by the end of the year.\u003c/p>\n\u003cp>In January, the state said it had done enough, and Brown said the only way it could meet the court's population cap was to release dangerous felons.\u003c/p>\n\u003cp>The judicial panel acknowledged that Brown's realignment law had made headway, but also said the state had taken no further actions to comply with the court's directive.\u003c/p>\n\u003cp>It called the state's long-range prison blueprint \"a plan for noncompliance\" by allowing the state to house 9,000 more inmates than the court order allows.\u003c/p>\n\u003cp>\"What further steps they will take in order to comply is equally clear: None,\" the judges wrote.\u003c/p>\n\u003cp>While their decision against the state was widely anticipated, the judges' ruling was somewhat remarkable in its singling out of the governor. It noted the U.S. Supreme Court's 2011 ruling that upheld the court-ordered population cap and emphasized that Brown has a duty to make any changes necessary and to do so promptly.\u003c/p>\n\u003cp>\"Specifically, the rule is applicable to Governor Brown, as well as the lowliest citizen,\" the judges said. \"That Governor Brown may believe, contrary to the evidence before this Court, that 'prison crowding (is) no longer . . . inhibit(ing) the delivery of timely and effective health services to inmates,' will not constitute an excuse for his failure to comply with the orders of this Court.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>Ernest Galvan, a San Francisco-based attorney representing inmates, called on the state to halt the years of litigation and reduce the prison population to the court-ordered level.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>Governor Jerry Brown continues to \u003ca href=\"http://www.californiareport.org/archive/R201304120850/a\">travel through China\u003c/a>, taking a bullet train from Beijing to Shanghai, inking trade deals and setting a brisk pace.\u003c/p>\n\u003cp>But when the governor gets home next week from his largely successful trade and business trip, he faces another federal court ruling rejecting his bid to end judicial oversight of California's prison system.\u003c/p>\n\u003cfigure id=\"attachment_94046\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/chinoprison.jpg\">\u003cimg class=\"size-medium wp-image-94046\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/chinoprison-300x194.jpg\" alt=\"An inmate at Chino State Prison sleeps on his bunk bed in a gymnasium that was modified to house prisoners on December 10, 2010 in Chino, California. (Kevork Djansezian/Getty Images)\" width=\"300\" height=\"194\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An inmate at Chino State Prison sleeps on his bunk bed in a gymnasium that was modified to house prisoners on December 10, 2010 in Chino, California. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>A three-judge panel unanimously ruled the state must reduce the prison population by a percentage that works out to about 9,500 fewer inmates. KQED's Michael Montgomery spoke with \u003ca href=\"http://www.californiareport.org/archive/R201304120850/b\">The California Report’s\u003c/a> Rachael Myrow about the impact of the ruling.\u003c/p>\n\u003cp>“This is a huge setback for Gov. Brown. He's invested a lot of time and energy trying to convince the courts that essentially California’s prison crisis is over and that inmates are getting adequate mental health and medical care,” Montgomery said. “And federal judges have just not bought the governor's arguments. Now the state has to come up with a plan to further reduce the inmate population.”\u003c!--more-->\u003c/p>\n\u003cp>It’s a plan the judges want to see in three weeks. The California Department of Corrections and Rehabilitation issued a statement saying, \"California has invested more than a billion dollars to transform its prison health care system into one of the best in the country. Our prisons now provide timely and effective health care to inmates that far exceeds what the Constitution requires.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>This isn't the only recent setback for Brown on prisons. A federal judge on April 5 \u003ca href=\"http://ww2.kqed.org/news/2013/04/05/judge-rules-against-calif-control-of-prison-mental-health-programs/\">rejected Brown's bid\u003c/a> to regain state control of inmates' mental health care, citing systematic failures to reduce prison suicides, provide timely care and hire enough staff.\u003c/p>\n\u003cp>Read the Associated Press report by Tom Verdin below.\u003c/p>\n\u003cp>SACRAMENTO, Calif. (AP) — A federal judicial panel on Thursday denied Gov. Jerry Brown's request to lift a court-ordered prison population cap and threatened him and other state officials with contempt of court if they fail to comply.\u003c/p>\n\u003cp>The ruling by the three-judge panel singled out the Democratic governor for ignoring its earlier orders to reduce the state's inmate population to the level ordered by the federal courts. Judges have said that capping the population is the most important step the state can take to improve inmate medical and mental health care.\u003c/p>\n\u003cp>In January, the governor sought to end the long-running court oversight of California's prison system and promised to take his fight again to the U.S. Supreme Court if necessary. At the time, he decried the billions of dollars California is spending to improve inmate medical and mental health care, saying the court had ordered the state to create \"gold plate\" prisons that were siphoning money from public schools, colleges, social services and other programs.\u003c/p>\n\u003cp>The judicial panel was unmoved.\u003c/p>\n\u003cp>Naming Brown, it said state officials must take whatever steps are necessary to comply with the court's inmate-reduction order by the end of this year or face the consequences.\u003c/p>\n\u003cp>Otherwise, \"they will without further delay be subject to findings of contempt, individually and collectively. We make this observation reluctantly, but with determination that defendants will not be allowed to continue to violate the requirements of the Constitution of the United States.\"\u003c/p>\n\u003cp>The governor's office did not immediately respond to requests for comment, but corrections department spokeswoman Deborah Hoffman said the administration will appeal.\u003c/p>\n\u003cp>In an emailed statement, Hoffman said the quality of medical care delivered to California's prison inmates \"far exceeds\" the requirements of the Constitution. Any further steps to reduce the inmate population would jeopardize public safety, she said.\u003c/p>\n\u003cp>Thursday's ruling in favor of the inmates' attorneys was expected and is the latest development in two partially consolidated legal cases that date back several years.\u003c/p>\n\u003cp>One case, filed in 1990, concerns the treatment of mentally inmates. The other, filed in 2001, concerns substandard medical care. In both cases, the federal courts have ruled that the care provided by California's prison system was so poor it violated inmates' constitutional rights against cruel and unusual punishment.\u003c/p>\n\u003cp>Just last week, one of the judges on the panel rejected Brown's attempt to end the lawsuit over mental health care.\u003c/p>\n\u003cp>In both cases, the courts have appointed federal overseers to run those aspects of the prison system. The state has responded by building new medical and mental health facilities and hiring hundreds of new employees, many at salaries that exceed $200,000 a year.\u003c/p>\n\u003cp>Brown's boldest response has been his so-called prison realignment plan, which took effect in October 2011 and is sending thousands of lower-level offenders to county jails instead of state prisons.\u003c/p>\n\u003cp>That law alone has reduced the prison population by nearly 25,000 inmates, but it is still not enough to comply with the court order. The state still needs to reduce its inmate population by roughly 9,000 more inmates in its 33 adult prisons by the end of the year.\u003c/p>\n\u003cp>In January, the state said it had done enough, and Brown said the only way it could meet the court's population cap was to release dangerous felons.\u003c/p>\n\u003cp>The judicial panel acknowledged that Brown's realignment law had made headway, but also said the state had taken no further actions to comply with the court's directive.\u003c/p>\n\u003cp>It called the state's long-range prison blueprint \"a plan for noncompliance\" by allowing the state to house 9,000 more inmates than the court order allows.\u003c/p>\n\u003cp>\"What further steps they will take in order to comply is equally clear: None,\" the judges wrote.\u003c/p>\n\u003cp>While their decision against the state was widely anticipated, the judges' ruling was somewhat remarkable in its singling out of the governor. It noted the U.S. Supreme Court's 2011 ruling that upheld the court-ordered population cap and emphasized that Brown has a duty to make any changes necessary and to do so promptly.\u003c/p>\n\u003cp>\"Specifically, the rule is applicable to Governor Brown, as well as the lowliest citizen,\" the judges said. \"That Governor Brown may believe, contrary to the evidence before this Court, that 'prison crowding (is) no longer . . . inhibit(ing) the delivery of timely and effective health services to inmates,' will not constitute an excuse for his failure to comply with the orders of this Court.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Ernest Galvan, a San Francisco-based attorney representing inmates, called on the state to halt the years of litigation and reduce the prison population to the court-ordered level.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>SACRAMENTO, Calif. (AP) — A federal judge on Friday rejected Gov. Jerry Brown’s bid to regain state control of inmates’ mental health care, citing systematic failures to reduce prison suicides, provide timely care and hire enough staff.\u003c/p>\n\u003cfigure id=\"attachment_93554\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/04/05/judge-rules-against-calif-control-of-prison-mental-health-programs/supreme-court-to-rule-on-californias-overcrowded-prisons-4/\" rel=\"attachment wp-att-93554\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/RS50_ChinoStatePrisonInmates20130108-300x215.jpg\" alt=\"Inmates at Chino State Prison. (Kevork Djansezian/Getty Images)\" width=\"300\" height=\"215\" class=\"size-medium wp-image-93554\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Inmates at Chino State Prison. (Kevork Djansezian/Getty Images) \u003ccite>(Photo By: Kevork Djansezian/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The decision is a blow to the Democratic governor’s attempts to end nearly two decades of expensive federal lawsuits that influence nearly every aspect of California’s prison system.\u003c/p>\n\u003cp>U.S. District Judge Lawrence Karlton in Sacramento ruled that the state failed to prove that it is providing the level of care required by the U.S. Constitution for the state’s more than 32,000 mentally ill inmates.\u003c/p>\n\u003cp>“This court finds that ongoing constitutional violations remain in this action and the prospective relief ordered by this court remains necessary to remedy those violations,” the judge said in his 68-page decision.\u003c/p>\n\u003cp>The California Department of Corrections and Rehabilitation said it will appeal the ruling.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“It’s unfortunate that the judge didn’t give the appropriate weight to reports by national experts who found that CDCR is providing constitutional mental health care to inmates, and in fact, is a model for the nation,” Deborah Hoffman, spokeswoman for the agency, said in a statement. “We will appeal this decision and are confident that we will prevail. It’s time for this costly and intrusive lawsuit — now in its 23rd year — to come to an end.”\u003cbr>\n\u003c!--more-->\u003cbr>\nThe ruling also undermines Brown’s efforts to lift a separate court order that otherwise will force the state to reduce its prison population by nearly 10,000 by year’s end.\u003c/p>\n\u003cp>The judge and attorneys for both sides acknowledged that the state has made significant improvements in its treatment of mentally ill inmates since the lawsuit was filed in 1991. That suit claimed care at the time was so poor it violated the Constitution’s ban on cruel and unusual punishment, prompting federal supervision to be imposed four years later.\u003c/p>\n\u003cp>The state has spent more than $1 billion on new facilities and devotes $400 million a year to caring for the mentally ill, who account for about one in every four inmates in the state’s 33 adult prisons. The administration has argued that it no longer is deliberately indifferent to the needs of mentally ill inmates.\u003c/p>\n\u003cp>Yet court-appointed experts reported that the prison system still has major problems. That includes a suicide rate that worsened last year to 24 per 100,000 inmates, far exceeding the national average of 16 suicides per 100,000 inmates in state prisons.\u003c/p>\n\u003cp>Despite the state’s efforts to build more mental health facilities and hire more staff at higher salaries, attorneys representing inmates said more needs to be done. In his ruling, Karlton agreed.\u003c/p>\n\u003cp>“Systemic failures persist in the form of inadequate suicide prevention measures, excessive administrative segregation of the mentally ill, lack of timely access to adequate care, insufficient treatment space and access to beds, and unmet staffing needs,” the judge wrote.\u003c/p>\n\u003cp>The judge further said the state could not be trusted to continue the improvements if court oversight was lifted.\u003c/p>\n\u003cp>“There is overwhelming evidence in the record that much of defendants’ progress to date is due to the pressure of this and other litigation,” he wrote.\u003c/p>\n\u003cp>Four experts hired by the state said they found adequate care at the 13 prisons they visited last year. But the judge sharply criticized the state for letting those experts talk to mentally ill inmates without notifying their attorneys.\u003c/p>\n\u003cp>The lapse was such a major breach of professional ethics that the judge discarded the experts’ opinions that formed the core of the state’s case. Without them, Karlton said he had no choice but to dismiss the state’s motion to terminate the lawsuit for lack of evidence.\u003c/p>\n\u003cp>However, he also noted that he would have made the same ruling even if the opinions were allowed.\u003c/p>\n\u003cp>Hoffman, the corrections department spokeswoman, said there was nothing unethical about their evaluations.\u003c/p>\n\u003cp>The judge was upset that he had no opportunity to question both sides’ experts before making a decision because of the strict 90-day deadline set by Congress under the 1996 Prison Litigation Reform Act. Brown started the clock running in January when he filed the motion to end the class-action lawsuit.\u003c/p>\n\u003cp>Attorneys for inmates said the state would be better off improving conditions for the mentally ill than spending more time and money on a lengthy appeals process.\u003c/p>\n\u003cp>“Instead of wasting the taxpayers’ money on an appeal, why not use that money to fix the problems?” lawyer Ernie Galvan said.\u003c/p>\n\u003cp>He said the lawsuit had allowed “a bright light to be shown into the darkest recesses of the prison system” and that Friday’s decision confirmed that unconstitutional conditions remain.\u003c/p>\n\u003cp>The state’s prison medical system also has been under federal court supervision. The courts have said prison overcrowding has been the main culprit, leading to an order to greatly reduce the inmate population.\u003c/p>\n\u003cp>The population cap was upheld by the U.S. Supreme Court in 2011, but the state has been unable to reach the required level despite enacting Brown’s so-called realignment law, which requires lower-level offenders to serve their sentences in county jails instead of state prison.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"http://www.scribd.com/embeds/134296150/content?start_page=1&view_mode=scroll\" scrolling=\"no\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n",
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"description": "SACRAMENTO, Calif. (AP) — A federal judge on Friday rejected Gov. Jerry Brown's bid to regain state control of inmates' mental health care, citing systematic failures to reduce prison suicides, provide timely care and hire enough staff. The decision is a blow to the Democratic governor's attempts to end nearly two decades of expensive federal lawsuits that influence nearly every aspect of California's prison system. U.S. District Judge Lawrence Karlton in Sacramento ruled that the state failed to prove that it is providing the level of care required by the U.S. Constitution for the state's more than 32,000 mentally ill",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>SACRAMENTO, Calif. (AP) — A federal judge on Friday rejected Gov. Jerry Brown’s bid to regain state control of inmates’ mental health care, citing systematic failures to reduce prison suicides, provide timely care and hire enough staff.\u003c/p>\n\u003cfigure id=\"attachment_93554\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/04/05/judge-rules-against-calif-control-of-prison-mental-health-programs/supreme-court-to-rule-on-californias-overcrowded-prisons-4/\" rel=\"attachment wp-att-93554\">\u003cimg loading=\"lazy\" decoding=\"async\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/RS50_ChinoStatePrisonInmates20130108-300x215.jpg\" alt=\"Inmates at Chino State Prison. (Kevork Djansezian/Getty Images)\" width=\"300\" height=\"215\" class=\"size-medium wp-image-93554\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Inmates at Chino State Prison. (Kevork Djansezian/Getty Images) \u003ccite>(Photo By: Kevork Djansezian/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The decision is a blow to the Democratic governor’s attempts to end nearly two decades of expensive federal lawsuits that influence nearly every aspect of California’s prison system.\u003c/p>\n\u003cp>U.S. District Judge Lawrence Karlton in Sacramento ruled that the state failed to prove that it is providing the level of care required by the U.S. Constitution for the state’s more than 32,000 mentally ill inmates.\u003c/p>\n\u003cp>“This court finds that ongoing constitutional violations remain in this action and the prospective relief ordered by this court remains necessary to remedy those violations,” the judge said in his 68-page decision.\u003c/p>\n\u003cp>The California Department of Corrections and Rehabilitation said it will appeal the ruling.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“It’s unfortunate that the judge didn’t give the appropriate weight to reports by national experts who found that CDCR is providing constitutional mental health care to inmates, and in fact, is a model for the nation,” Deborah Hoffman, spokeswoman for the agency, said in a statement. “We will appeal this decision and are confident that we will prevail. It’s time for this costly and intrusive lawsuit — now in its 23rd year — to come to an end.”\u003cbr>\n\u003c!--more-->\u003cbr>\nThe ruling also undermines Brown’s efforts to lift a separate court order that otherwise will force the state to reduce its prison population by nearly 10,000 by year’s end.\u003c/p>\n\u003cp>The judge and attorneys for both sides acknowledged that the state has made significant improvements in its treatment of mentally ill inmates since the lawsuit was filed in 1991. That suit claimed care at the time was so poor it violated the Constitution’s ban on cruel and unusual punishment, prompting federal supervision to be imposed four years later.\u003c/p>\n\u003cp>The state has spent more than $1 billion on new facilities and devotes $400 million a year to caring for the mentally ill, who account for about one in every four inmates in the state’s 33 adult prisons. The administration has argued that it no longer is deliberately indifferent to the needs of mentally ill inmates.\u003c/p>\n\u003cp>Yet court-appointed experts reported that the prison system still has major problems. That includes a suicide rate that worsened last year to 24 per 100,000 inmates, far exceeding the national average of 16 suicides per 100,000 inmates in state prisons.\u003c/p>\n\u003cp>Despite the state’s efforts to build more mental health facilities and hire more staff at higher salaries, attorneys representing inmates said more needs to be done. In his ruling, Karlton agreed.\u003c/p>\n\u003cp>“Systemic failures persist in the form of inadequate suicide prevention measures, excessive administrative segregation of the mentally ill, lack of timely access to adequate care, insufficient treatment space and access to beds, and unmet staffing needs,” the judge wrote.\u003c/p>\n\u003cp>The judge further said the state could not be trusted to continue the improvements if court oversight was lifted.\u003c/p>\n\u003cp>“There is overwhelming evidence in the record that much of defendants’ progress to date is due to the pressure of this and other litigation,” he wrote.\u003c/p>\n\u003cp>Four experts hired by the state said they found adequate care at the 13 prisons they visited last year. But the judge sharply criticized the state for letting those experts talk to mentally ill inmates without notifying their attorneys.\u003c/p>\n\u003cp>The lapse was such a major breach of professional ethics that the judge discarded the experts’ opinions that formed the core of the state’s case. Without them, Karlton said he had no choice but to dismiss the state’s motion to terminate the lawsuit for lack of evidence.\u003c/p>\n\u003cp>However, he also noted that he would have made the same ruling even if the opinions were allowed.\u003c/p>\n\u003cp>Hoffman, the corrections department spokeswoman, said there was nothing unethical about their evaluations.\u003c/p>\n\u003cp>The judge was upset that he had no opportunity to question both sides’ experts before making a decision because of the strict 90-day deadline set by Congress under the 1996 Prison Litigation Reform Act. Brown started the clock running in January when he filed the motion to end the class-action lawsuit.\u003c/p>\n\u003cp>Attorneys for inmates said the state would be better off improving conditions for the mentally ill than spending more time and money on a lengthy appeals process.\u003c/p>\n\u003cp>“Instead of wasting the taxpayers’ money on an appeal, why not use that money to fix the problems?” lawyer Ernie Galvan said.\u003c/p>\n\u003cp>He said the lawsuit had allowed “a bright light to be shown into the darkest recesses of the prison system” and that Friday’s decision confirmed that unconstitutional conditions remain.\u003c/p>\n\u003cp>The state’s prison medical system also has been under federal court supervision. The courts have said prison overcrowding has been the main culprit, leading to an order to greatly reduce the inmate population.\u003c/p>\n\u003cp>The population cap was upheld by the U.S. Supreme Court in 2011, but the state has been unable to reach the required level despite enacting Brown’s so-called realignment law, which requires lower-level offenders to serve their sentences in county jails instead of state prison.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"http://www.scribd.com/embeds/134296150/content?start_page=1&view_mode=scroll\" scrolling=\"no\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>SACRAMENTO, Calif. (AP) — A new report by the state prison system’s inspector general reveals numerous examples of extreme misconduct by prison guards and state parole agents.\u003c/p>\n\u003cfigure id=\"attachment_93223\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/04/03/report-outlines-abuses-by-california-prison-staff/supreme-court-to-rule-on-californias-overcrowded-prisons-3/\" rel=\"attachment wp-att-93223\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-medium wp-image-93223 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/04/RS1033_PrisonCrowding-300x194.jpg\" alt=\"Prison guard\" width=\"300\" height=\"194\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A guard keeps watch at Chino State Prison. A new inspector general report documents extreme misconduct by guards in California’s prison system. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The cases included a parole agent who is accused of soliciting one of his parolees to kill another and a prison guard who partied with inmates as they were drinking a form of booze the inmates manufactured themselves.\u003c/p>\n\u003cp>Another guard stripped off his duty weapons to duke it out with an inmate, then encouraged other guards to cover up the fight. And numerous corrections department employees are having sex with inmates, including juveniles.\u003c/p>\n\u003cp>The incidents are among 278 cases of alleged employee misconduct detailed in the latest report by the independent oversight office. Neither the corrections department nor the union representing prison guards immediately commented Wednesday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cp>\u003cem>by Don Thompson, Associated Press\u003cbr>\n\u003c/em>\u003c/p>\n\u003cp>SACRAMENTO, Calif. (AP) — A federal judge on Wednesday struggled with how to gauge whether conditions for mentally ill inmates in California prisons have improved enough under federal oversight to return control of the facilities to the state, as Gov. Jerry Brown is seeking.\u003c/p>\n\u003cfigure id=\"attachment_84954\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/2013/01/08/governor-challenges-prison-overcrowding-order/chino-prison-inmates-2/\" rel=\"attachment wp-att-84954\">\u003cimg loading=\"lazy\" decoding=\"async\" class=\"size-full wp-image-84954\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/01/Chino-Prison-inmates.jpg\" alt=\"State prison inmates in Chino (Kevork Djansezian)\" width=\"300\" height=\"202\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">State prison inmates in Chino (Kevork Djansezian)\u003c/figcaption>\u003c/figure>\n\u003cp>Lawyers for California argued in court that after 18 years of federal oversight and billions of dollars in state spending, the care now meets the requirements of the U.S. Constitution. Attorneys for inmates countered that inmates still are dying unnecessarily, prisons remain overcrowded and understaffed, and that the state won’t make needed improvements without court supervision.\u003c/p>\n\u003cp>U.S. District Judge Lawrence Karlton said he was torn by what standard to use in deciding when to end the federal court oversight, which he said has undoubtedly forced California to improve what had been a substandard system.\u003c/p>\n\u003cp>“Clearly, the Constitution does not require perfection,” Karlton said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>But if perfection is not the test, he said, “at what level can the court, must the court say, Oh, yes, it’s not perfect … but it’s good enough for government work? It’s good enough for the Constitution’s definition of what the government must do.”\u003c!--more-->\u003c/p>\n\u003cp>California Deputy Attorney General Patrick McKinney said that’s exactly the position the state is now in.\u003c/p>\n\u003cp>“The state has never argued that the system is perfect or that it needs to be,” he told the judge. “Federal oversight should not continue unless there is a violation of federal law.”\u003c/p>\n\u003cp>Inmates’ attorney Michael Bien disagreed: “We have established that there are ongoing constitutional violations” he told the judge.\u003c/p>\n\u003cp>California has spent more than $1 billion to build mental health facilities and increase salaries to hire more qualified mental health workers. The state now has more than 1,700 psychiatrists, psychologists, therapists, social workers and nurses to treat more than 32,000 mentally ill inmates. The state now spends $400 million annually on inmates’ mental health care, McKinney told the judge.\u003c/p>\n\u003cp>Yet Bien said more mental health facilities must be built and staffed, while much more must be done to reduce a suicide rate that exceeds the national average for state and federal prisons and worsened last year.\u003c/p>\n\u003cp>“We’re so far from anywhere near perfection, that’s not the issue,” Bien said outside the courtroom. “Things have gotten worse, not better.”\u003c/p>\n\u003cp>The state contends that all the money, resources and effort it has invested in improving the mental health care system proves that it is no longer deliberately indifferent to the needs of mentally ill inmates.\u003c/p>\n\u003cp>“California has among the best prison mental health systems in the nation,” Corrections Secretary Jeffrey Beard said in a statement after the hearing. “It’s time to bring this intrusive and expensive lawsuit…to an end.”\u003c/p>\n\u003cp>Ending the lawsuit is key to the Democratic governor’s attempt to lift a separate court order over prison crowding that otherwise will force the state to reduce its inmate population by nearly 10,000 by year’s end.\u003c/p>\n\u003cp>The order, upheld by the U.S. Supreme Court in 2011, prompted the state to enact Brown’s so-called realignment law, which requires lower-level offenders to serve their sentences in county jails. Since then, the population of the state’s 33 adult prisons has dropped by nearly 25,000 inmates to about 119,000.\u003c/p>\n\u003cp>Karlton said Wednesday that the current prison system is “a substantial improvement over what the court found when it found deliberate indifference initially.”\u003c/p>\n\u003cp>The question is whether the state can prove that the level of care now being provided complies with the Constitution, he said.\u003c/p>\n\u003cp>Court-appointed experts and overseers recently said California still provides substandard care to inmates with mental and physical illnesses. However, experts hired by the state said 13 prisons they visited last year all provided acceptable mental health care.\u003c/p>\n\u003cp>Karlton could refuse to consider the reports by the state’s experts because of what he called a “serious ethical violation.”\u003c/p>\n\u003cp>Attorneys representing inmates complained that they were not notified and were not present when the experts interviewed their mentally ill clients, as required by ethical standards and a previous court order.\u003c/p>\n\u003cp>McKinney said a state expert had mentioned the interviews to one of the inmates’ attorneys, and that the court-appointed special master was told that visits were planned.\u003c/p>\n\u003cp>“We disagree that this was done in secret,” McKinney said.\u003c/p>\n\u003cp>“I don’t want to raise my voice. Assume that I disagree with you. Assume that this is a profound ethical violation,” the judge retorted during the 90-minute hearing.\u003c/p>\n\u003cp>Nonetheless, Karlton said he may still allow the state reports that form the core of the state’s case because the issue is so important.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Karlton would have to rule on the request for renewed state control by early next month under a legal process Brown set in motion in January. However, he said that doesn’t leave him time to question witnesses and gauge their credibility, so he is searching for a way to extend the deadline.\u003c!--more-->\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But if perfection is not the test, he said, “at what level can the court, must the court say, Oh, yes, it’s not perfect … but it’s good enough for government work? It’s good enough for the Constitution’s definition of what the government must do.”\u003c!--more-->\u003c/p>\n\u003cp>California Deputy Attorney General Patrick McKinney said that’s exactly the position the state is now in.\u003c/p>\n\u003cp>“The state has never argued that the system is perfect or that it needs to be,” he told the judge. “Federal oversight should not continue unless there is a violation of federal law.”\u003c/p>\n\u003cp>Inmates’ attorney Michael Bien disagreed: “We have established that there are ongoing constitutional violations” he told the judge.\u003c/p>\n\u003cp>California has spent more than $1 billion to build mental health facilities and increase salaries to hire more qualified mental health workers. The state now has more than 1,700 psychiatrists, psychologists, therapists, social workers and nurses to treat more than 32,000 mentally ill inmates. The state now spends $400 million annually on inmates’ mental health care, McKinney told the judge.\u003c/p>\n\u003cp>Yet Bien said more mental health facilities must be built and staffed, while much more must be done to reduce a suicide rate that exceeds the national average for state and federal prisons and worsened last year.\u003c/p>\n\u003cp>“We’re so far from anywhere near perfection, that’s not the issue,” Bien said outside the courtroom. “Things have gotten worse, not better.”\u003c/p>\n\u003cp>The state contends that all the money, resources and effort it has invested in improving the mental health care system proves that it is no longer deliberately indifferent to the needs of mentally ill inmates.\u003c/p>\n\u003cp>“California has among the best prison mental health systems in the nation,” Corrections Secretary Jeffrey Beard said in a statement after the hearing. “It’s time to bring this intrusive and expensive lawsuit…to an end.”\u003c/p>\n\u003cp>Ending the lawsuit is key to the Democratic governor’s attempt to lift a separate court order over prison crowding that otherwise will force the state to reduce its inmate population by nearly 10,000 by year’s end.\u003c/p>\n\u003cp>The order, upheld by the U.S. Supreme Court in 2011, prompted the state to enact Brown’s so-called realignment law, which requires lower-level offenders to serve their sentences in county jails. Since then, the population of the state’s 33 adult prisons has dropped by nearly 25,000 inmates to about 119,000.\u003c/p>\n\u003cp>Karlton said Wednesday that the current prison system is “a substantial improvement over what the court found when it found deliberate indifference initially.”\u003c/p>\n\u003cp>The question is whether the state can prove that the level of care now being provided complies with the Constitution, he said.\u003c/p>\n\u003cp>Court-appointed experts and overseers recently said California still provides substandard care to inmates with mental and physical illnesses. However, experts hired by the state said 13 prisons they visited last year all provided acceptable mental health care.\u003c/p>\n\u003cp>Karlton could refuse to consider the reports by the state’s experts because of what he called a “serious ethical violation.”\u003c/p>\n\u003cp>Attorneys representing inmates complained that they were not notified and were not present when the experts interviewed their mentally ill clients, as required by ethical standards and a previous court order.\u003c/p>\n\u003cp>McKinney said a state expert had mentioned the interviews to one of the inmates’ attorneys, and that the court-appointed special master was told that visits were planned.\u003c/p>\n\u003cp>“We disagree that this was done in secret,” McKinney said.\u003c/p>\n\u003cp>“I don’t want to raise my voice. Assume that I disagree with you. Assume that this is a profound ethical violation,” the judge retorted during the 90-minute hearing.\u003c/p>\n\u003cp>Nonetheless, Karlton said he may still allow the state reports that form the core of the state’s case because the issue is so important.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Karlton would have to rule on the request for renewed state control by early next month under a legal process Brown set in motion in January. However, he said that doesn’t leave him time to question witnesses and gauge their credibility, so he is searching for a way to extend the deadline.\u003c!--more-->\u003c/p>\n\n\u003c/div>\u003c/p>",
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},
"closealltabs": {
"id": "closealltabs",
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"order": 1
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"title": "Code Switch / Life Kit",
"info": "\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />",
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"id": "commonwealth-club",
"title": "Commonwealth Club of California Podcast",
"info": "The Commonwealth Club of California is the nation's oldest and largest public affairs forum. As a non-partisan forum, The Club brings to the public airwaves diverse viewpoints on important topics. The Club's weekly radio broadcast - the oldest in the U.S., dating back to 1924 - is carried across the nation on public radio stations and is now podcasting. Our website archive features audio of our recent programs, as well as selected speeches from our long and distinguished history. This podcast feed is usually updated twice a week and is always un-edited.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Commonwealth-Club-Podcast-Tile-360x360-1.jpg",
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"source": "Commonwealth Club of California"
},
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"google": "https://podcasts.google.com/feed/aHR0cDovL3d3dy5jb21tb253ZWFsdGhjbHViLm9yZy9hdWRpby9wb2RjYXN0L3dlZWtseS54bWw",
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"id": "forum",
"title": "Forum",
"tagline": "The conversation starts here",
"info": "KQED’s live call-in program discussing local, state, national and international issues, as well as in-depth interviews.",
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"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Forum-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED Forum with Mina Kim and Alexis Madrigal",
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"order": 9
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"id": "freakonomics-radio",
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"meta": {
"site": "radio",
"source": "WNYC"
},
"link": "/radio/program/freakonomics-radio",
"subscribe": {
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"apple": "https://itunes.apple.com/us/podcast/freakonomics-radio/id354668519",
"tuneIn": "https://tunein.com/podcasts/WNYC-Podcasts/Freakonomics-Radio-p272293/",
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},
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"id": "fresh-air",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=214089682&at=11l79Y&ct=nprdirectory",
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"info": "A live production of NPR and WBUR Boston, in collaboration with stations across the country, Here & Now reflects the fluid world of news as it's happening in the middle of the day, with timely, in-depth news, interviews and conversation. Hosted by Robin Young, Jeremy Hobson and Tonya Mosley.",
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"hidden-brain": {
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"info": "Shankar Vedantam uses science and storytelling to reveal the unconscious patterns that drive human behavior, shape our choices and direct our relationships.",
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"airtime": "SUN 7pm-8pm",
"meta": {
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"source": "NPR"
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"how-i-built-this": {
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"info": "Guy Raz dives into the stories behind some of the world's best known companies. How I Built This weaves a narrative journey about innovators, entrepreneurs and idealists—and the movements they built.",
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"airtime": "SUN 7:30pm-8pm",
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"link": "/radio/program/how-i-built-this",
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"hyphenacion": {
"id": "hyphenacion",
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"tagline": "Where conversation and cultura meet",
"info": "What kind of no sabo word is Hyphenación? For us, it’s about living within a hyphenation. Like being a third-gen Mexican-American from the Texas border now living that Bay Area Chicano life. Like Xorje! Each week we bring together a couple of hyphenated Latinos to talk all about personal life choices: family, careers, relationships, belonging … everything is on the table. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/03/Hyphenacion_FinalAssets_PodcastTile.png",
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"order": 15
},
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"jerrybrown": {
"id": "jerrybrown",
"title": "The Political Mind of Jerry Brown",
"tagline": "Lessons from a lifetime in politics",
"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/The-Political-Mind-of-Jerry-Brown-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/jerrybrown",
"meta": {
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"order": 18
},
"link": "/podcasts/jerrybrown",
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},
"latino-usa": {
"id": "latino-usa",
"title": "Latino USA",
"airtime": "MON 1am-2am, SUN 6pm-7pm",
"info": "Latino USA, the radio journal of news and culture, is the only national, English-language radio program produced from a Latino perspective.",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/latinoUsa.jpg",
"officialWebsiteLink": "http://latinousa.org/",
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"link": "/radio/program/latino-usa",
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"apple": "https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=79681317&at=11l79Y&ct=nprdirectory",
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"rss": "https://feeds.npr.org/510016/podcast.xml"
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},
"marketplace": {
"id": "marketplace",
"title": "Marketplace",
"info": "Our flagship program, helmed by Kai Ryssdal, examines what the day in money delivered, through stories, conversations, newsworthy numbers and more. Updated Monday through Friday at about 3:30 p.m. PT.",
"airtime": "MON-FRI 4pm-4:30pm, MON-WED 6:30pm-7pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Marketplace-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.marketplace.org/",
"meta": {
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"source": "American Public Media"
},
"link": "/radio/program/marketplace",
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},
"masters-of-scale": {
"id": "masters-of-scale",
"title": "Masters of Scale",
"info": "Masters of Scale is an original podcast in which LinkedIn co-founder and Greylock Partner Reid Hoffman sets out to describe and prove theories that explain how great entrepreneurs take their companies from zero to a gazillion in ingenious fashion.",
"airtime": "Every other Wednesday June 12 through October 16 at 8pm (repeats Thursdays at 2am)",
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"meta": {
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"source": "WaitWhat"
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"rss": "https://rss.art19.com/masters-of-scale"
}
},
"mindshift": {
"id": "mindshift",
"title": "MindShift",
"tagline": "A podcast about the future of learning and how we raise our kids",
"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Mindshift-Podcast-Tile-703x703-1.jpg",
"imageAlt": "KQED MindShift: How We Will Learn",
"officialWebsiteLink": "/mindshift/",
"meta": {
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"source": "kqed",
"order": 12
},
"link": "/podcasts/mindshift",
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5tZWdhcGhvbmUuZm0vS1FJTkM1NzY0NjAwNDI5",
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}
},
"morning-edition": {
"id": "morning-edition",
"title": "Morning Edition",
"info": "\u003cem>Morning Edition\u003c/em> takes listeners around the country and the world with multi-faceted stories and commentaries every weekday. Hosts Steve Inskeep, David Greene and Rachel Martin bring you the latest breaking news and features to prepare you for the day.",
"airtime": "MON-FRI 3am-9am",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/Morning-Edition-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.npr.org/programs/morning-edition/",
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"link": "/radio/program/morning-edition"
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"onourwatch": {
"id": "onourwatch",
"title": "On Our Watch",
"tagline": "Deeply-reported investigative journalism",
"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/On-Our-Watch-Podcast-Tile-703x703-1.jpg",
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"officialWebsiteLink": "/podcasts/onourwatch",
"meta": {
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"source": "kqed",
"order": 11
},
"link": "/podcasts/onourwatch",
"subscribe": {
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"google": "https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw",
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},
"on-the-media": {
"id": "on-the-media",
"title": "On The Media",
"info": "Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us",
"airtime": "SUN 2pm-3pm, MON 12am-1am",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png",
"officialWebsiteLink": "https://www.wnycstudios.org/shows/otm",
"meta": {
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"source": "wnyc"
},
"link": "/radio/program/on-the-media",
"subscribe": {
"apple": "https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2",
"tuneIn": "https://tunein.com/radio/On-the-Media-p69/",
"rss": "http://feeds.wnyc.org/onthemedia"
}
},
"pbs-newshour": {
"id": "pbs-newshour",
"title": "PBS NewsHour",
"info": "Analysis, background reports and updates from the PBS NewsHour putting today's news in context.",
"airtime": "MON-FRI 3pm-4pm",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg",
"officialWebsiteLink": "https://www.pbs.org/newshour/",
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},
"link": "/radio/program/pbs-newshour",
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"apple": "https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2",
"tuneIn": "https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/",
"rss": "https://www.pbs.org/newshour/feeds/rss/podcasts/show"
}
},
"perspectives": {
"id": "perspectives",
"title": "Perspectives",
"tagline": "KQED's series of daily listener commentaries since 1991",
"info": "KQED's series of daily listener commentaries since 1991.",
"imageSrc": "https://cdn.kqed.org/wp-content/uploads/2025/01/Perspectives_Tile_Final.jpg",
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"officialWebsiteLink": "/perspectives/",
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"source": "kqed",
"order": 14
},
"link": "/perspectives",
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"npr": "https://www.npr.org/podcasts/432309616/perspectives",
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},
"planet-money": {
"id": "planet-money",
"title": "Planet Money",
"info": "The economy explained. Imagine you could call up a friend and say, Meet me at the bar and tell me what's going on with the economy. Now imagine that's actually a fun evening.",
"airtime": "SUN 3pm-4pm",
"imageSrc": "https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/planetmoney.jpg",
"officialWebsiteLink": "https://www.npr.org/sections/money/",
"meta": {
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"source": "npr"
},
"link": "/radio/program/planet-money",
"subscribe": {
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