The federal judge who ordered major improvement in California prison medical care has refused to end the receivership he imposed in 2006.
“Evidence of progress made under the direction and control of the receiver does not constitute evidence of [the state’s] own will, capacity, and leadership to maintain a constitutionally adequate system of inmate medical care,” U.S. District Judge Thelton Henderson wrote in a Sept. 5 decision.
He also wrote that state officials have “not always cooperated with, and have sometimes actively sought to block, the receiver’s efforts.”
Henderson said he’ll require tougher reviews than the state wanted before he would discontinue the receivership.
The state originally asked Henderson to end the receivership in 30 days. Henderson rejected that idea and the most recent request to dissolve it in six months.
The case arose from a prisoners’ lawsuit claiming prison healthcare was unconstitutionally poor and constituted cruel and unusual punishment. Henderson agreed. The U.S. Supreme Court upheld his decision.
The state responded with its realignment plan, which keeps low-level offenders in county jails, rather than sending them to state prison.
“The end of the receivership will be based on need and not within a specific timeline,” the receiver, J. Clark Kelso, said in a statement.
State officials said they respectfully disagree with the judge.
“The state has demonstrated through its progress in its medical delivery, and recent success in mental and dental health delivery, that it has the will, the leadership and capacity to resume full responsibility,” said Terry Thornton, a spokeswoman for the California Department of Corrections and Rehabilitation.
