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CA Moves Inmates from State Prisons to Meet High Court Health Care Mandate
In the first week of October, the State of California began shifting some low-level criminals out of its state prisons and into county jails, or into the probation system. This action comes in response to the U.S. Supreme Court's 2010 ruling that California's prison overcrowding, which led to the provision of substandard medical care to inmates, amounted to a violation of prisoners' constitutional rights. The Court set a deadline for a partial reduction of the prison population by this month, with additional reductions to lower the prison population from 180% above capacity to 135% above capacity by June 2013.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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