California's death row faces no-vacancy situation

By Steve Gorman LOS ANGELES (Reuters) - California's death row, the largest in the nation with newly condemned inmates added to the system every month but no one executed in almost a decade, has filled virtually to capacity as the state seeks money to build more cells for them. As of last week, a total of 708 male inmates were confined to death row at San Quentin State Prison north of San Francisco, the only penitentiary authorized under state law to house men who are sentenced to death. That tally represents 18 more than the prison is already budgeted to handle and just seven fewer than its absolute maximum capacity, Department of Corrections and Rehabilitation spokeswoman Terry Thornton said on Monday. Another 23 condemned California inmates are being housed elsewhere under special circumstances - about half on "out-to-court status" and the rest under long-term medical care or serving other sentences in other jurisdictions, she said. If those inmates were to suddenly return to San Quentin, "they would be out of room," Thornton said. One factor has been California's failure to execute anyone since 2006, even as the courts continue to sentence a growing number of convicted killers to death. San Quentin anticipates a net increase of 13 death row inmates per year, based on a six-year annual average of 20 new arrivals partially offset by condemned prisoners who either die while incarcerated or have their sentences overturned. In recent months, according to the corrections department, San Quentin has averaged at least two new death row arrivals a month. To deal with the crisis, California Governor Jerry Brown has asked state lawmakers to approve $3.2 million in special funding to furnish San Quentin with 97 additional death row cells. Thornton said she did not know of any contingency plans for accommodating new arrivals if the number of condemned inmates suddenly exceeds space available. Capital punishment has come under mounting criticism in California, where a federal judge ruled last year that the state's system for administering the death penalty is so long and drawn-out that it amounts to cruel and unusual punishment and is thus unconstitutional. Another 20 condemned women are housed at a prison in Chowchilla, bringing California's total death row population to 751 - by far the largest of any state. Florida ranks No. 2, with just over 400 condemned inmates as of last October, according to the Death Penalty Information Center. (Reporting by Steve Gorman; Editing by Eric Beech)