California May Have To Cut Prison Population By 40 Percent

On February 9, 2009, a majority of judges from the 8th Circuit Federal Court of Appeals ruled that the California prison system was so overcrowded that it constituted a violation of the Eighth Amendment’s prohibition against cruel and unusual punishment to continue to house prisoners under such conditions.  According to reports, the prison system is operating at 200 percent capacity and constitutes a substantial risk to the health and safety of the inmates.

If a plan is to ease overcrowding is carried out, most of the offenders eligible for release would be non-violent offenders and those offenders incarcerated on probation or parole violations.

 

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