SACRAMENTO, Calif. (AP) - A judge Tuesday threw out Gov. Arnold Schwarzenegger's plan to transfer thousands of inmates to other states to relieve prison overcrowding. Schwarzenegger said he would immediately appeal, saying dangerous convicts might otherwise have to be released early. The governor invoked emergency powers in October when he ordered the Corrections Department to send thousands of inmates to private prisons in other states. Two employee unions, including the one representing guards, filed lawsuits alleging the order violated state law.
Superior Court Judge Gail Ohanesian agreed with the unions, saying that while prison overcrowding is dangerous, "this is not the type of circumstance generally covered by the Emergency Services Act."
Ohanesian delayed her ruling from taking effect for 10 days to allow the governor time to appeal.
"Today's disappointing ruling is a threat to public safety," Schwarzenegger said in a statement. "I will not release dangerous criminals to relieve overcrowding. The transfer of inmates is imperative to relieve the pressure on our overburdened prison system."
Besides violating the emergency act, Schwarzenegger's move violated a ban in the California Constitution on using private companies for jobs usually performed by state workers, the judge ruled
California's 33 state prisons were designed for roughly 100,000 inmates but now hold more than 174,000, and a federal judge has given the state until June to reduce overcrowding.
Corrections officials had hoped that inmates would volunteer to transfer to other states, but only 460 have done so. Earlier this month, Corrections Secretary James Tilton said forced transfers would be next. He wanted to move up to 5,000 inmates to private prisons in Arizona, Indiana, Mississippi, Oklahoma and Tennessee.
To fight overcrowding, Schwarzenegger also has asked lawmakers to review sentencing laws and consider an $11 billion prison and jail building program.
