California officials face fines of up to $2 million per day for refusing a federal judge’s order to turn over $250 million in state funds needed to jump-start construction on over $8 billion in improvements ordered to bring the medical facilities in its state prisons up to constitutional standards.
The state’s long-running battle with U.S. District Judge Thelton Henderson heated up Monday when lawyers for Gov. Arnold Schwarzenegger and State Controller John Chiang questioned the judge’s authority to force the state to hand over the funds, or even to order the changes in the California Department of Corrections and Rehabilitation’s medical facilities.
Henderson, who in 2006 appointed a federal overseer to manage the state’s beleaguered prison health system, responded to the attack on his authority at the hearing with an order that the funds be transferred by Nov. 5. Failure to comply with his directive, says Henderson, will result in both Schwarzenegger and Chiang facing a hearing for contempt the following week, and the potential for as much as $2 million per day in fines.
Deputy Attorney General Daniel Powell told Henderson that although the state has the funds, it is the state’s position that Henderson has failed to provide sufficient information regarding his plans for the money. He said that any plans that Henderson has for state prison construction must be approved by the Legislature before the state will release any funds.
Plans submitted by the federal manager, law professor Clark Kelso, call for the building of seven prison health centers, a dental center and improving some existing facilities.
The state faces a trial in federal court Nov. 17 before a three-judge panel that will include Henderson. Among the issues to be decided during the trial claims that chronic overcrowding has led to unconstitutionally sub-standard medical care.
