On October 4, 2006, California Governor Schwarzenegger issued the Prison Overcrowding State of Emergency Proclamation. The Proclamation was issued in response to California's prison overcrowding crisis, so that the State could ship thousands of inmates to out-of-state prisons to ease overcrowding. ...
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On October 4, 2006, California Governor Schwarzenegger issued the Prison Overcrowding State of Emergency Proclamation. The Proclamation was issued in response to California's prison overcrowding crisis, so that the State could ship thousands of inmates to out-of-state prisons to ease overcrowding. Following the Proclamation, the State contracted with two prison companies and began moving prisoners out of California.
On October 30, 2006, two unions, the California Correctional Peace Officers Association and the Service Employees International Union Local 1000, filed suit against Gov. Schwarzenegger and the California Department of Corrections and Rehabilitation (CDCR) in the Sacramento County Superior Court, attempting to block the CDCR from transferring inmates to out-of-state prisons.
On February 20, 2007, the Superior Court (Judge Gail Ohanesian) ruled that Gov. Schwarzenegger's Emergency Proclamation was "unlawful," and held that the State of California was not allowed to contract for services that were usually performed by civil service employees within the state. The Court enjoined the CDCR from transferring any inmates out of state under contracts that were signed in accordance with the Emergency Proclamation. Enforcement of the judgment was stayed while the CDCR appealed.
Defendants filed a Petition for Writ of Supersedeas with the Third Appellate District of California. On April 12, 2007, the Appellate Court (Presiding Judge Arthur Scotland) issued an order staying the judgment of the Superior Court until the plaintiffs responded to the Writ.
As of the date of this summary, the matter was still pending in the Third Appellate District of California.
Dan Dalton - 04/16/2007
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