Keep Bailing

A Sacramento law intended to reduce overcrowding by granting certain inmates at state prisons and county jails an early release is sparking anger throughout California. The law expands early release credits for state prisoners who complete educational and vocational programs by shaving months off their sentences.  Low-level offenders who leave prison will no longer be monitored by the state, making probation violations an unlikely reason for re-arrest.

Gov. Arnold Schwarzenegger signed a bill for this law last fall in an effort to ease the state’s crushing budget deficit.  As a result, around 6,500 state inmates are due to be freed this year, to save California $500 million.

At least 18 of California’s 58 counties have applied the law retroactively by giving their county jail inmates additional credits for time already served before it took effect.  This has lead to a huge increase of releases to the tune of some 150 prisoners, over the last two weeks.

Thankfully, no state prisoners have been released so far because the bill’s language regarding this category of inmate is more specific: State prisoners would receive credit only for completing rehabilitation programs they started after the law took effect.

Both Democrat and Republican lawmakers are demanding that many parts of this law should be clarified, modified and even repealed.  The Sacramento County Deputies’ Union has supported them by filing a lawsuit to block the law entirely.

Two Democratic Assembly members, Ted Lieu of Torrance and Alyson Huber of Lodi, have introduced a bill requiring local law enforcement agencies to be notified before any state inmates are freed without parole supervision. We’re not sure of the value of the bill.

Some state corrections and law enforcement officials maintain that this law could improve public safety by easing overcrowding in state prisons.  It encourages prisoners to finish rehabilitation programs and reduces caseloads for parole officers so they can concentrate on violent offenders. But the majority of California lawmakers and citizens vigorously disagree.

The law is also not very clear on when the early release credits should be applied. The state attorney general, state corrections officials and associations representing sheriffs and prosecutors cannot provide an answer, leaving each sheriff to make that decision on his own after some consultation with local prosecutors, defense attorneys, judges and lawyers. As with many budget cuts, it’s a great idea, but the implementation is not well throughout.