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Kelso asks for court order for $8 billion It would go for prison hospitals
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More from CamarilloSACRAMENTO — Prison healthcare receiver Clark Kelso, the man appointed by a federal court judge to bring medical care in California's prisons up to constitutional standards, filed legal papers Wednesday seeking a court order that would force state officials to hand over $8 billion to finance construction of seven new prison hospitals.
Federal District Court Judge Thelton Henderson has scheduled a Sept. 22 hearing on the motion, and Kelso said he will continue to negotiate with legislative leaders, Gov. Arnold Schwarzenegger and Controller John Chiang in the hope of reaching a financing agreement before then.
If no agreement is reached, however, Kelso said he will seek to force Schwarzenegger and Chiang to
personally testify as to why the state has not fulfilled its constitutional obligation to fix an abysmal system of care that Henderson ruled violates the "cruel and unusual punishment" clause of the Eighth Amendment.
Kelso noted the order creating the receivership specified that the state would pay all costs for implementing the receiver's plan.
"State leaders have failed to act," he said.
The action comes as legislative leaders and Schwarzenegger remain deadlocked in negotiations over a state budget, now more than six weeks late. The budget must plug a $15 billion shortfall; the court order could compound that problem by $3.1 billion, which is the amount that would be needed in the current fiscal year.
Kelso noted the state Senate this summer twice rejected a financing plan that would have paid the construction costs over time, through a vehicle known as lease-revenue bonds. Each time, he said, Republicans in the Senate failed to gather the necessary votes to provide a two-thirds majority because they insisted "that funding be tied to changes in other legislation."
Henderson this summer approved a "turnaround" plan developed by Kelso that calls for the construction of seven stand-alone prison hospitals and the renovation of all existing state prisons.
The stand-alone facilities would each house about 1,500 inmates with chronic medical and mental illnesses. One of the seven sites Kelso is considering is the Ventura Youth Correctional Facility in Camarillo — a proposal that has stirred vigorous opposition from community groups and local elected officials.
Kelso reiterated Wednesday that he has begun the environmental review process for two locations only, in Stockton and in San Diego. But he cited five other sites under consideration: Camarillo, Folsom, Solano, Whittier and Chino.
Chiang responded to Kelso's announcement by stating that his office cannot expend state money unless there is an appropriation voted by the Legislature or a court order.
"I continue to believe the Legislature should approve lease-revenue bonds as the fiscally appropriate way to fund prison construction and avoid interfering with my ability to responsibly manage the state's cash flow," he said.
Assembly Republican leader Mike Villines of Fresno assailed Kelso for seeking a court order, which he called "an extreme and unnecessary step."
"It is unfair to taxpayers that we would spend $8 billion to give prison inmates far better healthcare than most families have," Villines said.
Asked about such sentiments, Kelso said providing universal healthcare to Californians is a separate policy matter and noted that there is a distinction to keep in mind.
"That is completely separate and independent of whether the state has an obligation to provide healthcare to people who are incarcerated," he said. "They've lost the right to their freedom, the right to vote. They have not lost the right to basic medical care. This is not something the state has a choice about."
A panel of medical experts appointed by the court concluded that, on average, a California prison inmate dies every six to seven days for lack of adequate medical care.
Kelso said the timing of his action was based on two concerns: His office will run out of money in October to pay engineers now working on design plans for prison hospitals, and he wants to avoid having this issue caught up in last-minute legislative actions at the end of the lawmaking session on Aug. 31.
"I don't want to be drawn into the budget vortex while late-night deals are made without time for thoughtful consideration," he said.
Posted by frank14 on August 14, 2008 at 6:06 a.m. (Suggest removal)
Kelso is power mad. This lib judge Thelton Henderson must be stopped. Arnold should appeal to the US Supreme Court.
Posted by skercevicj on August 14, 2008 at 6:31 a.m. (Suggest removal)
How Pathetic can this be. We are closing hospitals everywhere because of illegal immigrants siphoning free services, then we want to build new hospitals for the illegal immigrants that are in prison. This nation is fundamentally falling apart!
Posted by keepin_it_real on August 14, 2008 at 7:25 a.m. (Suggest removal)
Any way you look at this is bass ackwards !!!!!
In these hard times, we need to put our tax dollars to better use. These scumbags gave up their rights when they were sentanced.
Why should anyone care about them. They deserve nothing!!!
Posted by cslaurie on August 14, 2008 at 7:31 a.m. (Suggest removal)
Talk about taxation without representation. An appointed Federal Judge appoints a Trustee and the people have nothing to say about their actions. Are we being governed by the will of the people here?
Posted by vcsexplorer11 on August 14, 2008 at 9:03 a.m. (Suggest removal)
Arnold will try to raise taxes or even the sales tax to fix the budget and situations like this.
California spends 9 billion dollars a year on services for illegal aliens. Until they address this issue they will never get voters to pay for their tax increases. You notice that they will cut the pay of legal state workers and continue providing money for illegals.
To anyone who disagrees or brings up the race card, this article is about the state budget and how it affects programs, which includes wasteful spending.
Posted by amycastillo78 on August 14, 2008 at 9:37 a.m. (Suggest removal)
Kelso wants to put prison hospitals in Stockton (where there's already a prison), San Diego (where there's a prison), Folsom (where there's a prison), Solano (where there's a prison), and Chino (where there's a prison). Then he wants to put a prison hospital in Camarillo, where there is no prison (the 250 inmates at the CYA facility don't count for much) and where the nearest prison is over 100 miles away! So if an inmate in a California prison gets an owie, he has to be transported all the way to Camarillo for treatment? How does this make any sense?
Posted by Franko on August 14, 2008 at 9:51 a.m. (Suggest removal)
A California prison inmate dies every six to seven days. What is wrong with that, especially if they are already on death row?
Posted by revort8 on August 14, 2008 at 10:30 a.m. (Suggest removal)
h2odog:
A tiny percentage of inmates are on death row.
Even if they are not that doesn't justify letting them die under our care. Leave that up to the justice department to decide.
Posted by iseepeeple on August 14, 2008 at 10:56 a.m. (Suggest removal)
Before some of you start stating non-factual "facts" on this matter, why not arm yourselves with the truth rather then the same falsehoods those who are opposed to the medical prison have fallen into. These people don't want it in their neighborhoods for no other reason than the fact that it is a prison. Their baseless excuses are laughable and no longer acceptable, not in the world we are living in now.
Go to the source and read the facts...open your eyes, minds and hearts and try to understand. This is about the inhumane treatments of those who have found themselves in situations that they sometimes cannot help. Mental illness. We have a crisis here and if we keep pushing it away, sweeping under the carpet or making it a last priority on somebodys budget list... it will only become harder and more costly to deal with. It WILL NOT go away..do you understand that?
This crisis will only grow bigger.
Go here and READ THE FACTS PEOPLE!
http://www.cphcs.ca.gov/docs/court/
ReceiverTurnaroundPlan_060608.pdf
Posted by iseepeeple on August 14, 2008 at 11:01 a.m. (Suggest removal)
You will have to copy and paste that entire link..sorry the link is a bit longer than this comment post will allow.
http://www.cphcs.ca.gov/
docs/court/ReceiverTurnaroundPlan_060608.pdf
Posted by vcsexplorer11 on August 14, 2008 at 11:21 a.m. (Suggest removal)
tim14229,
Better yet, electric STADUIMS. Just tell them they are going there for a Raiders game.
Posted by iseepeeple on August 14, 2008 at 2:30 p.m. (Suggest removal)
tim14229..
I think you one of those who needs to have a seat in the bleachers...
Posted by iseepeeple on August 14, 2008 at 3:49 p.m. (Suggest removal)
timo...
How about we stay on topic with this as it is an important issue on both sides of the bleachers.
Just sayin'...
Posted by THESILKY1 on August 14, 2008 at 9:55 p.m. (Suggest removal)
Clark you da man (NOT!)
So you think you are going to take the Gov and Controller to jail for contempt go ahead and try... are you that stupid?
Bet they will get nothing but best health care in your prisons.
As for your 30 billion dollars for what. I like it when Clark and his team of minions work for free, and don't forget the impish Clark and his $800,000 a year salary that we pay for. This is the highest paid position in California State Government. More than Arnold and Ten Senators combined.
By the way Clark I'm glad your out of money. This is what you deserve for spending tax payer money with no fiscal responsibility and with no watch dogs for oversight. You may have hood winked some but not me buddy..... and you think you deserve a blank check and a brinks truck to the State's Budget. NOT!
You build your prisons in Blyth or in the Central Valley were they belong
Stay out of Ventura County......
My question to you Clark just what have you spent all of your money on anyway? You have no additional prisons to show for. Oh I forgot you spent it on yourself and your team of minions which consists of the who's who of the State's lame ducks, quack quack my good man.
So I will tell you what Clark, when a Social Service Program gets cut to fund your prison trash and some granny can't get to the Dr. because her ride share program has been cut I hope you feel good. Hopefully it's your granny........
Have nice day my man......:)
P/S get a new suit, your latest looks cheap on TV.
Posted by iseepeeple on August 15, 2008 at 8:15 a.m. (Suggest removal)
Kelso has every right to take them to court and hold them in contempt. They have lied and intentionally withheld their end of the bargin. Who do they think THEY are? Talk about arrogance!
When all is said and done, they may very well wish they had listened to the courts and acted out in a more responsible way. Nobody is above the laws of the court...not even the terminator. DOH!
Carry on Mr. Kelso! It's time we spend some money where it is needed.
Posted by keepin_it_real on August 16, 2008 at 7:25 a.m. (Suggest removal)
Send them all to Afghanistan!!!!
Take the money and help those granny's...
Help our children...
Help the disabled...
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