California’s Early Prison Release
Saturday by: Andrea
Effective Monday, January 25, 2010, the new law providing early release for non-violent criminals will allow approximately 6,500 inmates to be set free. Under the new law, which was signed into effect last fall, only those prisoners who have completed educational and vocational programs, and who have been selected as not likely to commit another crime, will be released. The Federal Court had ordered California to reduce its overcrowded prison population, and this is one step the state has taken to follow that order.
There are always two sides to every story, so let’s take a look at the pros and cons of this law:
Proponents like the fact that it accomplishes two goals: it reduces the prison population and it saves the state millions of dollars that is being spent on caring for these prisoners. According to an article on CBS News, “Gov. Arnold Schwarzenegger signed the law in October. Finance officials estimated Thursday the measure will save the state about $500 million its first full year.” Given California’s dire financial circumstances, this measure could be a huge benefit to the state. Another positive effect is that parole officers’ workloads will be reduced, thus allowing them to provide more of the social services that parolees really need upon release. “With a lesser workload, the officers also can make more home visits and arrange more meetings with the people they supervise…” reports CNNPolitics.com. In other words, they can do their job well, the way its designed, so that these nonviolent offenders do not make repeat offenses. Which leads us to the third benefit, a reduced recidivism rate, which is currently at a staggering 70 percent.
Critics of this early prison release law argue that public safety will be put at risk. Because convicted criminals often bargain for reduced charges and / or sentencing, they would be released too early without truly paying their debt to society, a fact that the victims of these crimes are not happy about. According to an article in the LA Weekly Los Angeles News Blog, Los Angeles Police Protective League (LAPPL) President Paul M. Weber stated, “A large number of them are parole violators – in other words, they are people who have already proven they cannot remain law abiding after being released from prison.” Therefore, police will have their work cut out for them because the recidivism rate is already high, and critics believe it can only get higher with the release of more criminals. The only weapon police will have against the released convicts will be the fact that they will be able to search them without their permission or permission from a judge.
Clearly, both sides have strong cases as to what will be the outcome from this law. Only time will tell. In the meantime, California will put together a commission to determine its effectiveness. CBS News reports, “The legislation would establish a 16-member Sentencing Commission that would put in place new sentencing guidelines by July 1, 2012. Unless vetoed by the legislature and governor, the guidelines would become effective January 1, 2013.
The 13 voting members of the commission would include the chief justice of the California Supreme Court, a judge appointed by the chief justice, the state public defender and the secretary of the Department of Corrections and Rehabilitation. A crime victim would be among the three ex-officio members.”
I believe that this law will create new challenges for criminal defense lawyers, who will surely paint their clients’ cases in the most positive light possible. For that, you need experienced attorneys who can give you the strongest defense possible. Contact Rizio and Nelson if you need help. They have the experience you need to plead your case in these challenging times.
