State fights inmate health project order
State fights inmate health project order
By Denny Walsh
dwalsh@sacbee.com
dwalsh@sacbee.com
Dec. 09, 2008
The opening volley was fired Monday in an appellate
showdown between California and a court-appointed receiver for prison
health care who wants billions of the state's dollars to build new
facilities for physically and mentally ill inmates.
showdown between California and a court-appointed receiver for prison
health care who wants billions of the state's dollars to build new
facilities for physically and mentally ill inmates.
A San Francisco federal judge overstepped his
bounds in threatening sanctions against California's governor and
controller if they don't cough up a $250 million down payment on an $8
billion construction project, Attorney General Jerry Brown told the 9th
U S. Circuit Court of Appeals.
bounds in threatening sanctions against California's governor and
controller if they don't cough up a $250 million down payment on an $8
billion construction project, Attorney General Jerry Brown told the 9th
U S. Circuit Court of Appeals.
U.S. District Judge Thelton E. Henderson declared
in an Oct. 27 order that if Gov. Arnold Schwarzenegger and Controller
John Chiang do not transfer the funds to receiver J. Clark Kelso, they
risk being held in contempt.
in an Oct. 27 order that if Gov. Arnold Schwarzenegger and Controller
John Chiang do not transfer the funds to receiver J. Clark Kelso, they
risk being held in contempt.
But 11 days later, the appeals court granted the
state's emergency motion to stay the order and asked for expedited
briefs from both sides on whether Henderson exceeded his authority.
state's emergency motion to stay the order and asked for expedited
briefs from both sides on whether Henderson exceeded his authority.
In a brief, Brown argues the federal Prison
Litigation Reform Act of 1996 and the U.S. Constitution's guarantee of
state sovereignty forbid Henderson's action.
Litigation Reform Act of 1996 and the U.S. Constitution's guarantee of
state sovereignty forbid Henderson's action.
Even if Henderson could force such an expenditure, Brown argues, he must first make specific findings required by the 1996 act.
"The district court held no hearings, took no
evidence, and made no findings as to whether the receiver's
construction program met the PLRA's requirements," the brief says.
evidence, and made no findings as to whether the receiver's
construction program met the PLRA's requirements," the brief says.
The receiver's $8 billion project includes
construction of seven new health care facilities with 10,000 new beds
for acute and long-term needs. The plan would also improve physical and
mental health care facilities at each of the 33 adult prisons.
construction of seven new health care facilities with 10,000 new beds
for acute and long-term needs. The plan would also improve physical and
mental health care facilities at each of the 33 adult prisons.
Henderson said in his order that the state has
agreed since 2002 to bring its prison medical system up to
constitutional standards, but has failed to follow through. It did not
object to construction of the 10,000 new beds, he added.
agreed since 2002 to bring its prison medical system up to
constitutional standards, but has failed to follow through. It did not
object to construction of the 10,000 new beds, he added.
If the state won't come up with the money, the costs will be much greater later, Henderson wrote.
"We want this aired, either at a trial or a
hearing, with expert testimony," Brown said Monday in an interview. "In
the first place, what is the constitutional standard for health care?
When we ask the receiver and his lawyers, they say, 'We'll know it when
we get there.' That's not good enough."
hearing, with expert testimony," Brown said Monday in an interview. "In
the first place, what is the constitutional standard for health care?
When we ask the receiver and his lawyers, they say, 'We'll know it when
we get there.' That's not good enough."
Brown continued. "We're fully aware the Department
of Corrections has not done what it should have in the past," he said.
"… It has made great strides. It's gone from spending $900 million a
year on health care to more than $2 billion."
of Corrections has not done what it should have in the past," he said.
"… It has made great strides. It's gone from spending $900 million a
year on health care to more than $2 billion."
Brown also seeks a reversal of Henderson's order
sealing a draft plan of the receiver that was superseded by one that
has been made public.
sealing a draft plan of the receiver that was superseded by one that
has been made public.
Call The Bee's Denny Walsh, (916) 321-1189.