Federal judges order California to release 43,000 inmates

Federal judges call conditions in the prisons 'appalling' and unconstitutional.

California must shrink the population of its teeming prisons by nearly 43,000 inmates over the next two years to meet constitutional standards, a panel of three federal judges ruled Tuesday, ordering the state to come up with a reduction plan by mid-September.

The order cited Gov. Arnold Schwarzenegger's own words when he proclaimed a state of emergency in the corrections system in 2006 and warned of substantial risk to prison staff, inmates and the general public, saying "immediate action is necessary to prevent death and harm."

Tuesday's ruling heightens the stakes for a legislative debate over prisons that will take place later this month. As part of the agreement to close the state's $26-billion budget gap, the governor and lawmakers agreed to cut $1.2 billion from the prisons budget, but postponed decisions on how to hit that goal.

The governor and most legislative leaders back a plan that would reduce prison populations by as many as 37,000 over the next two years using a combination of early releases, changes in parole policies and shifting of some prisoners to county jails. More