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Calif. Prison Early-Release Program Stirs Controversy

A new state law that is designed to reduce California's exploding prison population is under fire for allowing the early release of some low-risk offenders. Hundreds of inmates from county jails have been set free in the past two weeks, but it's not at all clear they are eligible for release under the law signed by Gov. Arnold Schwarzenegger in late January.

Prisoners lay on their bunks at California State Prison in Los Angeles County...
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Above: Prisoners lay on their bunks at California State Prison in Los Angeles County, located in the city of Lancaster. (Eds. note: The Department of Corrections said it no longer uses triple bunks in its facilities.)

The first sign of trouble came last week when the Sacramento County Sheriff released 22-year-old Kevin Peterson, who has a record of violence, after he had served only half of a four-month sentence for violating his probation. Peterson was out for less than a day when he was arrested for attempted rape.

Sacramento County Sheriff John McGinness said he had no choice but to release Peterson 16 days early.

"There's no reason for any clear thinking person to be believe that this change in the law resulting in releases from correctional facilities around the state would not have an adverse impact of public safety and I think this illustrates exactly that point," McGinness said.

The new law came in response to a federal court order to reduce California's prison population which stands at about 170,000 inmates. It changes parole rules and encourages inmates' rehabilitation by increasing the amount of credits they can earn for good behavior—credits that can lead to a quicker release. Only non-violent, low-risk offenders would be eligible.

Stanford law professor Joan Petersilia says the new law is good public policy.

"You have to remember that this was passed by a very conservative Legislature and a tough-on-crime governor, Republican Arnold Schwarzenegger," Petersilia said. "And it was recommended by the three previous governors."

Some lawmakers say Peterson never should have been released because the new law wasn't intended to be applied to county jail inmates, just prisoners in the state system.

California State Assembly Majority Leader Alberto Torrico says counties that released prisoners like Peterson have misinterpreted the law.

"I think they are dealing with some very serious budget constraints, because of limited resources and I just think they got desperate. And I think somebody got very creative and figured they could start releasing inmates from their county jail and they could blame it on Sacramento," said Torrico.

Torrico joined a lawsuit brought by the Sacramento County Deputy Sheriff's Association seeking an injunction. On Wednesday a local judge agreed and ordered the county to stop releasing jail inmates.

Meanwhile, the state prison system is gearing up to implement the new law, but it hasn't released any prisoners yet, says Terry Thornton, a spokeswoman for the state corrections system.

"The law was implemented on January 25th. Inmates have to successfully complete a rehabilitation program to earn those enhanced credits. And not enough time has gone by for that to happen," Thornton said.

Within a year, California will reduce its prison population by about 6,500 inmates. But Petersilia says only non-violent offenders who meet criteria for good behavior will be eligible. State officials hope a go-slow approach will help avoid controversy like the one seen this week.

Related NPR Stories

Bail Burden Keeps U.S. Jails Stuffed With Inmates Jan. 21, 2010

States Release Inmates Early To Cut Prison Costs Dec. 13, 2009

Cases Show Disparity Of California's 3 Strikes Law Oct. 30, 2009

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Avatar for user 'gnichopd'

gnichopd | February 11, 2010 at 11:29 a.m. ― 7 years, 1 month ago

How curious for any member of the Legislature to say that the increased conduct credits for prisoners contained in Senate Bill 18 XXX, which became effective January 25, 2010, were not intended to apply to county jail inmates. Legislative Counsel’s digest of the bill, which every member of the Legislature had, stated “This bill would also revise the time credits for certain prisoners confined or committed to a county jail or other specified facilities, as provided.” The specific section involved, Penal Code section 4019 starts with this language: “The provisions of this section shall apply in all of the following cases: (1) When a prisoner is confined in or committed to a county jail, . . ..” Section 4019 has been on the books since 1976. It applied only to county jail sentences until 1980, when the California Supreme Court held that the constitutional requirement of equal protection of the law required county jail conduct credits apply to the period of time a convicted felon spends in county jail before going to prison. (People v. Sage (1980) 26 Cal.3d 498.) The legislature amended the section to comport with Sage in 1982 by adding subdivision (a)(4) which provides for credits “When a prisoner is confined in a county jail, . . . following arrest and prior to the imposition of sentence for a felony conviction.”

Changes in the penal laws which reduce punishment have been regularly applied to all case not final on appeal at the time the new law goes into effect since 1965. (In re Estrada (1965) 63 Cal.2d 740.) That includes the granting of additional sentencing credits. (People v. Doganiere (1978) 86 Cal.App.3d 237; People v. Hunter (1977) 68 Cal.App.3d 389.) There is an exception to that rule when the Legislature specifically says the change is not retroactive. The Legislature did not do that with SB18XXX.

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