Assistant Sheriff Linday Suvoy stated  that inmates have benefited from the new law which has given them time credits for their good behavior. These inmates can now each earn a days credit for every day served. In recent times, they only received two days for every six days served. This new law only applies to non-violent offenders and not those serving time for more serious crimes like assault, attempted murder, etc.

County officials determined that 222 inmates who benefited from the good behavior credits and released were named as having committed crimes such as driving on a suspended license, DUI, disorderly conduct or  committing check fraud.

The decision to “cite and release” inmates from Orange County jails has led to over 400 criminals being put back onto the streets without having to post bail or provide any further court guarantees. Many of the inmates who are released this way flee. This ‘unsafe practice’ has been put into action and instituted by the court in an effort to relieve jail overcrowding. However, it is said that the overcrowding issue no longer exists, as there are 1,400 open jail beds.

As a function of the criminal justice system, Hunt states that criminal attorneys and bail bondsman have been put in place to keep problems like this at bay. They are ‘private alternatives’ which provide a much needed public service, contribute to the economy and help save tax payer dollars.

When released on bail, the defendant is held responsible to the bail bondsman who keeps tabs on them until they are seen in court.  When released early or cited out, these defendants don’t have an incentive to return to court as no one is keeping bids on them. There are approximately 23,160 felony and 111,690  misdemeanor warrants outstanding without any agency currently being held responsible.

Hunt, who is a candidate for O.C. Sheriff, discounts the decision of Sheriff  Hutchens to possibly lease any open jail beds to the federal government in order to house criminal illegal aliens. He states, “How can anyone argue the interim sheriff’s plan is in the best interest of public safety in this county… It is time to stop bailing out the federal government for their failures on illegal immigration enforcement.” Hunt refers to the closing of the Orange County Women’s jail to “sell” space for federal prisoners.

Should the general public be worried that these newly released criminals may soon be lurking in their neighborhoods? Who should carry the burden of this issue?  What are your thoughts on the subject? Let us know.

During those times, states tried to fight rising crime rates by meting out stiffer sentences. This tactic did reduce criminal activity, but it also sent jail populations skyrocketing . Recent early release programs that were intended to combat the financially devastating inmate-influx have been sharply criticized by police and the public.

In California, where the state’s 33 prisons are designed to hold 85,000 inmates, these detention centers are packed to the gills with 160,000 men and women — almost double the amount! But at last, there may be a solution to this situation, born from what some might see as an unlikely source: bail bondsmen.

The relatively new idea is to use financial collateral as an incentive for convicted criminals to behave. To do this, the bondmen would post something called Conditional Post-Conviction Release Bonds. Here’s how they work:

Dennis Bartlett, Executive Director of the American Bail Coalition and a member of the American Legislative Exchange Council has created the Conditional Post-Conviction Release (CPCR) Bond Act along with ALEC and other groups. Courts choose nonviolent offenders who meet strict criteria and then allow private bail companies to post this type of bond on their behalf. Taxpayers benefit because there is no cost to them and the criminals now have a financial incentive to appear in court. Violent offenders who are not eligible for this type of bond can then be incarcerated in the freed up prison spaces to serve their sentences in full.

As a condition of signing on for these CPCR Bonds, defendants must agree to let bail companies monitor them for drugs, check to see if they are employed, if they are in a recovery program and/or whatever other conditions apply.

Bartlett says that post-conviction bonds could even be used to keep people from entering the prison system at all. They would give judges a choice between issuing a sentence and offering an eligible defendant be bonded, instead. This is a win-win for the state, Bartlett believes, because the prisons get one less inmate, and the state can collect money from the bail bondsman if the person skips his court hearing or disappears.

Mississippi probation workers embraced Post-Conviction bonds after realizing they made their jobs easier by decreasing workloads. Mississippi became the first state to adopt the Conditional Post-Conviction Release Bond Act, three years ago. Michigan passed another version of it in 2009. According to Gene Newman, Secretary of the Professional Bail Agents of the United States, North Carolina, South Carolina, South Dakota, Texas, California and other states will soon be jumping on the bandwagon.

There isn’t much data on how well these bonds have worked out so far, but according to Bartlett, results look promising. About 1,000 inmates were released in Mississippi and over 97 percent of them kept their court dates. Mississippi jails are now saving around $35,000 per inmate for every year they aren’t incarcerated (minus medical costs and other expenses).

Some bail bondsmen are opposed to performance bonds such as Post-Conviction Bonds because they do not have the time, financial means or manpower to monitor defendants 24/7. And, while I doubt this bail bond company would undertake these bonds, it does sound like the benefits to California could be significant.

Bartlett is hopeful that with more publicity and positive data, Post-Conviction Bonds could be the miracle cure for prison overcrowding. Let us hope so, because if this situation goes unchanged, like the flood from our metaphorical burst dam, it will overwhelm us all.

Source: Post-Conviction Bonds a Promising Solution to Prison Overcrowding
Photocredit: © Liv Friis-larsen – Fotolia.com

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.

The 100 inmates released on Tuesday were reportedly near the end of their sentences or awaiting sentancing. All of them were incarcerated for low-level crimes having to do with narcotics possession and theft.

On Feb. 8th, the layoff of 69 correctional officers has amounted to the shut down of three floors at the Fresno County Jail.

According to a federal consent decree, the county may release inmates early if any part of the jail has reached 90% capacity. When any part of the jail has reached total capacity, they must release inmates early.

This is not the first time Mims has released inmates early. Last July, city and county officials raised concerns about Fresno jail early realeases. Clearly, the Fresno Police Department is not happy with the actions of Mims.

It’s argued by some that Sheriff Margaret Mims was in violation of the law when she released 72 inmates from jail early due to overcrowding at a Fresno Jail facility. The city argued that there were enough beds for the inmates.

Sheriff Mims was doing what a Federal decree said she could do: release inmates early when the jail had reached its capacity. However, Fresno County officials disagree and the city has launched a lawsuit. The battle between Mims and the Fresno Police Department is ongoing.

Fresno is not alone in early release. Early release is common across the state of California in order to reduce overcrowding and to save taxpayer money.  A 2006 report entitled Jail Overcrowding: A State and Local Crisis, indicated Sonoma, Riverside, Calavaras, Solana, Merced, Los Angeles Counties had significant overcrowding problems and used programs for early release of convicted felons. Since then, Orange County has followed suit.

The report, posted by the California State Sheriff’s Association states:

This story is repeated in county after county. The jail overcrowding/early release trend must not be allowed to continue. Revolving door justice is making a mockery of the California public safety system.

Unfortunately, the current economic picture has not improved the system and Counties across California. Many have been contemplatingclosing jails. This does not bode well for public safety.