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Showing posts with label Reduction. Show all posts
Showing posts with label Reduction. Show all posts

Tuesday, May 24, 2011

High court orders drastic prison population reduction in California

Inmates sleep on bunk beds in a gym modified to hold prisoners at the state prison in Chino, California.NEW: The state now has a two-year window to complyThe Supreme Court rules, 5-4, that California must reduce its prison population"Needless suffering and death" result from overcrowding, Justice Kennedy saysJustice Alito dissents, warning against "gambling with the safety of the people"

Washington (CNN) -- The Supreme Court has affirmed a federal order telling California to reduce its overflowing prison population, a situation the majority said "falls below the standard of decency."

The 5-4 ruling Monday from the justices come in a classic battle over state versus federal authority, focusing on whether U.S. courts can step in and essentially run state prisons when officials have repeatedly violated basic constitutional guarantees afforded inmates.

The issue came down to a sharply divided debate between public safety concerns and individual rights, a debate that goes into how the three branches of government should balance competing state interests.

The swing vote was Justice Anthony Kennedy, who wrote of the "continuing injury and harm resulting from these serious constitutional violations," including as many as 156,000 people crammed in correctional facilities designed to hold about half that many.

He noted "needless suffering and death have been the well-documented result. Over the whole course of years during which this litigation has been pending, no other remedies have been found to be sufficient."

In dissent, Justice Samuel Alito warned any mass release of inmates to alleviate overcrowding would be "gambling with the safety of the people of California."

The state now has a two-year window to comply, with the clock starting Monday. Officials have not fully explained how their ongoing inmate reduction plan will need to be modified to meet the federal order.

In a statement issued Monday afternoon, California Gov. Jerry Brown said he would take "all steps necessary to protect public safety" in implementing the order.

Brown, a Democrat, signed legislation in April that was aimed at cutting the state's prison population by tens of thousands, largely by housing non-violent felons with sentences less than three years in county jails. In his Monday statement, Brown said the court's ruling recognized that law as "key to meeting this obligation," but said the plan still needs "full and constitutionally guaranteed funding."

Prison overcrowding is a nationwide problem, but California's dilemma is unique in its massive scope and time frame. There is general agreement that the prison conditions across California are disturbing.

Prisoners are stacked three deep in 6-by-9-foot cells designed to hold only one. Open spaces meant to be gymnasiums and clinics have been transformed into crowded encampments with bunks and unsanitary conditions. Suicides occur once every eight days on average.

California has the nation's largest prison system, and the state says it has reduced the prison population to meet overcrowding concerns. But a special federal court panel had ordered 36,000 to 46,000 more inmates released or transferred quickly, about a quarter of the total.

Despite some recent drops, the prison population in the state has increased by about 75 percent in the past two decades.

Two lawsuits -- one filed in 1990, the other in 2001 -- say overcrowding is the core cause of what has become a domino effect of unsafe and unhealthy conditions for those on both sides of the iron bars.

State legislators and corrections officials have admitted the prisons violate the ban on "cruel and unusual punishment" contained in the Constitution, and have organized more than 20 panels and commissions to address the crisis.

Former Gov. Arnold Schwarzenegger, who left office in January, had blamed the legislature for not approving more money to build new prisons, or reforming the way defendants are punished and sentenced, particular repeat offenders.

"I don't blame the courts for stepping in to try to solve the overcrowding crisis," he said three years ago. "The fact of the matter is, for decades the state of California hasn't really taken it seriously and hasn't really done something about it."

The special federal court in 2009 had ordered the state to shrink the prison population from the current 200% over capacity to a maximum of 137.5%, and to accomplish that in two years. The state was given wide latitude to meet the goal, but the court was adamant the state do it without delay and without excuse.

The task was made more difficult by the state budget crisis and a national economic downturn that has created turmoil over funding solutions not just in prisons, but also in education, transportation, and social programs.

Kennedy spent most his 52-page majority opinion affirming the right of federal courts to step into the situation.

"This extensive and ongoing constitutional violation requires a remedy, and a remedy will not be achieved without a reduction in overcrowding," he wrote. "The relief ordered by the three-judge court is required by the Constitution and was authorized by Congress in (federal law). The state shall implement the order without further delay."

The state has already begun to comply; about 9,000 inmates have been released since the 2009 trial stemming from the lawsuits.

Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan supported Kennedy's conclusions.

Two tough dissents followed the majority's ruling. Reading from the bench, Justice Antonin Scalia said the ruling represents "the most radical injunction issued by a court in our nation's history." He said it "takes federal courts wildly beyond their institutional capacity." Justice Clarence Thomas backed him.

In a separate dissent, Alito spoke of the potential impact of the decision.

"The prisoner release ordered in this case is unprecedented, improvident, and contrary" to federal law, he said. "I fear that today's decision, like prior prisoner release orders, will lead to a grim roster of victims. I hope that I am wrong. In a few years we will see."

Chief Justice John Roberts added his support to Alito's dissent.

The case is Brown v. Plata (09-1233).


CNN


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Thursday, May 5, 2011

Deficit reduction talks face roadblocks

WASHINGTON — The White House seeks to jump-start budget talks today amid signs that bipartisan efforts to save trillions of dollars have stalled over the two toughest issues: taxes and entitlement programs.



Gang of Six leaders, Sens. Saxby Chambliss, left, and Mark Warner, right, hope to spur bipartisan action on deficit negotiations.

By Bob Brown, AP


Gang of Six leaders, Sens. Saxby Chambliss, left, and Mark Warner, right, hope to spur bipartisan action on deficit negotiations.

A new round of negotiations headed by Vice President Biden will begin at Blair House, across from the White House, even as Democrats and Republicans in the Senate struggle to nail down a plan that could have bipartisan appeal.

Those ongoing talks have the best chance of attracting the broad support that President Obama and House Republicans lack for their separate approaches. But the "Gang of Six" senators have not been able to agree on tax increases sought by Democrats or entitlement cuts favored by Republicans.

Enter Biden and six different Democratic and Republican lawmakers, all members of their respective party's leadership teams. The negotiations, proposed by Obama last month, are intended to bridge differences between the parties over spending cuts and tax increases.

"This is the beginning of an important process," White House press secretary Jay Carney said Wednesday. "This creates the potential for a bipartisan compromise on some of this, at least. We expect progress to be made."

How much progress is an open question. Both parties have agreed to seek about $4 trillion in deficit reduction over 10 to 12 years. Republicans led by House Budget Committee Chairman Paul Ryan of Wisconsin want major changes in Medicare and Medicaid. Obama and congressional Democrats favor a mix of lesser spending cuts and tax increases on upper-income Americans.

As the clock tickstoward a possible default in early August unless Congress raises the nation's $14.3 trillion debt ceiling, some lawmakers are reducing expectations. Ryan said Wednesday that any agreement likely will represent "a single or a double," not "a grand slam."

A senior administration official involved in the upcoming talks said they will focus initially on areas of common ground. That could mean more spending cuts of the type negotiated last month to avoid a government shutdown, as well as strict rules to lock in future reductions.

The official, who asked not to be named because the budget talks have yet to begin, called any package designed to slash the government's $1.4 trillion deficit a difficult vote for lawmakers.

Since Obama's fiscal commission in December recommended cutting spending and eliminating tax breaks as a way to trim nearly $4 trillion from the next decade's deficits, attention has focused on three other deficit-reduction plans:

•Ryan united most Republicans last month around his 10-year, $4.4 trillion plan. It includes a dramatic overhaul of Medicare starting a decade from now, when the government would provide only a set amount of money and seniors would pay the rest.

•Obama proposed a 12-year, $4 trillion plan later in the month. Far less specific than the Ryan document, it would require roughly $2 in spending cuts for every $1 in tax increases, achieved by eliminating tax breaks.

•The third plan has yet to emerge. The Senate Gang of Six, headed by Sens. Mark Warner, D-Va., and Saxby Chambliss, R-Ga., has met for months in hopes of producing a plan that can pass the Senate, where both parties possess veto power.

"The more proposals to consider, the better," says Rep. Chris Van Hollen, D-Md., one of the lawmakers who will join Biden at the negotiating table today. "At the end of the day, you've got to bridge the divide."

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Saturday, April 23, 2011

As Obama Turns to Deficit Reduction, Supporters Ask Where Are the Jobs?

AP

Wednesday: President Obama speaks during a town hall meeting at Facebook headquarters in Palo Alto, Calif.

With the conversation in Washington shifting focus to paying down what the nation owes and having the government live within its means, the president's supporters say they don't want him to forget about job creation and the housing recovery.

At a town hall meeting Wednesday at Facebook headquarters in Palo Alto, Calif., an audience member asked the president how he planned to "balance these two going forward, or even potentially shift the conversation back."

Obama said that without getting the deficit down, spending on

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Sunday, April 17, 2011

Senators Boast New Deficit Reduction Plan Will 'Make Everybody Mad'

AP

Shown here are Sen. Tom Coburn, left, and Sen. Mark Warner.

Get ready for another deficit reduction plan. And this one, like the others on the table, will tick off a lot of people, its authors say. 

Two members of the so-called "gang of six" -- a bipartisan group of senators working to craft a long-term spending plan -- said Sunday they're making progress on their proposal, despite concerns expressed last week that the talks could be in trouble. 

And, in claiming the plan would take a balanced approach, they predicted Republicans and Democrats alike would despise it. 

"Let me assure you, we're going to make everybody mad," Sen. Mark Warner, D-Va., said. 

The work product is the latest in a string of cure-all budget plans meant to take the country off its course of seemingly endless debt accumulation. But the pressure is on, with partisan sparks flying over the plans already on the table. After Republican Rep. Paul Ryan outlined his budget proposal, Democrats said its prescribed overhauls to Medicare and Medicaid were cruel to seniors and the poor. After President Obama countered with a plan of his own, Republicans slammed him for turning to tax increases and suggested the rest of the document was fuzzy on details. 

Meanwhile, the comprehensive report from the fiscal commission created by the president more than a year ago died in committee. Underscoring the importance of the ongoing "gang of six" negotiations, fiscal commission co-chairman Alan Simpson said after Obama's budget speech Wednesday that people need to "pray for" the talks. 

Though Sen. Tom Coburn, R-Okla., who is part of the talks with Warner, said last week that the group was "not anywhere close" to an agreement, he said Sunday "there's a good chance that we'll be able to come up with a bipartisan agreement that people can swallow." 

That doesn't mean they'll be happy. 

"Nobody is going to like what we come up with," Coburn told "Fox News Sunday." "The left isn't going to like it and the right isn't going to like it. And that's one thing that would be an indicator that is probably the best compromise we're going to be able to get." 

Coburn said Americans need to know that lawmakers in Washington are "willing to lose elections to do what is best for the country." 

Coburn did not elaborate on the details of the plan, but Warner offered a few glimpses. 

In an interview with CBS' "Face the Nation," he said "everything has to be on the table." 

Warner said the group was working off the proposal from the president's fiscal commission and would be "touching every part of the problem," including Social Security -- something largely excluded from both Ryan's proposal and Obama's. 

"Part of this is just math -- 16 workers for every one retiree 50 years ago, three workers for every retiree now," Warner said. 

He also said the tax code needs to be addressed, not necessarily through tax increases but by eliminating deductions. He said the group is looking to impose about $3 in cuts for every $1 in increased revenue. 

"Charitable deduction, home mortgage deduction -- if we would cut back on some of those, we could actually lower rates and still increase revenues," he said. Warner said the group is "very close" to a deal. 

Anything that even resembles a tax increase, though, is anathema to many Republicans. 

Ryan, on "Face the Nation," reiterated that his party opposes the president's call to roll back the Bush tax cuts for top earners. He, like Warner, stressed the importance of targeting loopholes and deductions -- though Warner suggested Ryan's plan doesn't do enough to raise revenue. 

Tea Party-backed Sen. Rand Paul, R-Ky., also said tax increases are not the answer. Rather, he said the two parties could find middle ground by putting the Pentagon on the budget chopping block. 

"The compromise is not to raise taxes," Paul said on CNN's "State of the Union." "The compromise is for conservatives to admit that the military budget's going to have to be cut. ... The compromise is where we cut, not where we raise taxes." 

Treasury Secretary Tim Geithner said Sunday that despite the bickering, Republicans and Democrats do agree on something -- both sides are calling for about $4 trillion over the next decade or more. 

"We can agree on the broad targets," he said on NBC's "Meet the Press." 

Technically, Republicans are calling for $4.4 trillion in deficit reduction over 10 years, and Obama is calling for $4 trillion over 12 years. The Republican plan incorporates far more spending cuts than Obama's. But Geithner said the parties have the "same basic view" of the end goal. 

The "gang of six" is not expected to have a report until after the two-week spring recess that starts Monday. The other members on that panel are Sens. Dick Durbin, D-Ill.; Saxby Chambliss, R-Ga.; Kent Conrad, D-N.D.; and Michael Crapo, R-Idaho. Conrad threatened last week that if the group doesn't come up with something soon, he might propose his own budget plan.

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