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California ordered to halve San Quentin population after showing ‘deliberate indifference,’ court says

[ – 10/23/20]

OAKLAND, Calif. — A state appellate court has ordered San Quentin State Prison to halve its inmate population, which would require transferring or releasing some 1,700 inmates.

The ruling from the state’s First Court of Appeals sends a clear message that officials overseeing San Quentin have not done enough to protect inmates from the coronavirus after a summer outbreak. “We agree that respondents — the Warden and CDCR — have acted with deliberate indifference and relief is warranted,” the court said in its opinion.

The court ordered officials to reduce the prison’s population to 50 percent of where it stood in June — a figure recommended by a team of experts after they investigated viral spread that has already killed dozens and sickened hundreds at San Quentin. The inmate reduction could be achieved through a combination of transfers and early releases, the court said.

A California Department of Corrections representative said in an emailed statement that “we respectfully disagree with the court’s determination, as CDCR has taken extensive actions to respond to the COVID-19 pandemic.”

“Since March, the department has released more than 21,000 persons, resulting in the lowest prison population in decades. Additionally, we have implemented response and mitigation efforts across the system,” the statement said. “As of today, CDCR’s COVID-19 cases are the lowest they have been since May (493 cases reported today, and over 14,000 resolved), with San Quentin recording only one new case among the incarcerated population in nearly a month.”covidcoro

What it means: This has immediate implications for some of the roughly 3,400 inmates incarcerated at San Quentin and the state prison officials who may need to transfer or release many of of them. It also intensifies a broader debate around the balance between public health and public safety in California’s vast carceral system.



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Does anyone want to research whether or not early release would apply to those who committed sex offenses?

I have an acquaintance in federal prison. His cell mate is a mobster convicted of racketeering, extortion and threatening someone with an unregistered hand gun. My friend is in their for CP. Both men have serious health concerns. Guess which one got a compassionate release due to the Covid outbreak?

Nothing to research, really. The Gadlin Case that’s awaiting a decision by the California Supreme Court may answer that early release question – if CASC decides it is to apply broadly (rather than to apply narrowly, only for Gadlin.)

Worthy of research, but would bet my left arm that registrants were, are, and will continue to be excluded.

@ Eric

I’ll go out on a limb and say the mobster gets released, while your friend stays put. We all know that racketeering, extortion and threatening people with a gun is a lot less dangerous than looking at pictures online. I believe if someone is high risk it should be all early release or none at all. I hope your friend gets released soon.

Dont do the crime if you can’t do the time !

Good luck

Does not matter what the crime was, if the state incarcerates you, they are responsible for your health and safety, a basic human right. This includes keeping you safe from other inmates as well as communicable disease.

Aero, that is a rash comment. Some crimes are terrible, they are intentional and premeditated. Many criminals know very well that they are harming people and simply don’t care. Other crimes are brought on by the complexities of life, the temptations and impulses that are upon us every day, even sting operations that lure people in. Life is a learn as you go experience and we make poor choices along the way.

And then there are the self righteous that are so abundant as they wag the finger; the prosecutor that text messages while she is driving, the judge who has a few cocktails before he gets behind the wheel, and the keyboard warrior hiding their own skeletons. Yet they stand in judgement of others. No, every case is supposed to be judged individually, and all the extraneous circumstances taken into account. A one size fits all judgemental-ism is what we are fighting against.

This is completely random and I hope I don’t get moderated by the moderator but what’s up with homefacts and all those other little weird website who’s the owner where’s the headquarters if they’re brave enough to post local public information online and they need to be brave enough to deal with the consequences just like people forced to register are public information so are they literally who are they ?

Would love your thoughts, please comment.x