Prison Sentence? It May Be Served in County Jail Under A New California Law
A prison sentence often not only means a long period of incarceration, but also a long distance away from loved ones. While California does have thirty-three prisons statewide, the convenience of family visits is not considered in determining where one will serve their prison sentence.
Under a new law recently signed into law by Governor Jerry Brown and put into effect just two weeks ago on October 1, 2011, prison sentences may not be akin to having you or your loved one housed in Siberia.
On May 23, 2011, the U.S. Supreme Court affirmed a lower federal court’s ruling that overcrowded prison conditions in California violated the Eight Amendment’s ban on cruel and unusual punishment.
In response, Governor Jerry Brown signed Assembly Bill 109 (AB109). AB109 directs the California Department of Corrections (CDC) to reduce its prison population by more than 30,000 inmates over the next two years. There are currently 143,435 inmates in the state’s thirty-two prisons.
To comply with AB109, the CDC will not release any current prison inmates. Instead, it will bar recently sentenced lower level inmates from being added to the current prison population, diverting such new inmates to local county jails. Such inmates are those convicted of non-violent, non-sexual and non-serious felonies, including parole violators.
In other words, such inmates, sentenced by a judge to prison, will actually “serve” their time in county jails. Once in county jail, serving “prison time,” the inmates will be supervised by county employees, who will be able to allow inmates to serve their prison time in a variety of ways, including, it is expected, via house arrest, drug half-way houses, probation and work-release programs in some cases.
Prosecutors our office is familiar with believe county jail sentences will become meaningless as limited county jail space becomes taken up by prison inmates. Most prosecutors predict crime will increase and Jerry Brown will ask for more tax dollars for county jails.
When the U.S. Supreme Court affirmed the lower federal court’s ruling, such consequences were recognized and hotly debated. In fact, it appears that the U.S. Supreme Court anticipated that prison doors would swing wide open to allow current prison inmates a transfer to county jails, which AB109 does not allow.
Nevertheless, the justices’ were concerned for public safety, just as California citizens may be. Justice Antonia Scalia worried:
“46,000 happy-go-lucky felons, fortunate enough to be selected
. . . undoubtedly fine physical specimens who have developed
intimidating muscles pumping iron in the prison gym, will be released.
Justice Samuel Alito also criticized the ruling in his dissent, saying the majority is gambling with the safety of the people of California.
For our clients, some of who do face prison sentences, it is good to be aware of AB109 and how it may affect where they serve their time in prison.
If you or a loved one face a prison sentence, it is good to know if you or your loved one indeed will be serving it in some far-away prison or a nearby county jail. Call Greg Hill & Associates to be advised on what you face. Greg Hill is an attorney in Torrance, California. He is a U.S. Naval Academy graduate (B.S., 1987), Boston University graduate (M.B.A., 1994) and Loyola Law School graduate (J.D., 1998). Greg Hill & Associates represents clients in Torrance, Long Beach and the surrounding areas in theft matters, as well as DUI, domestic violence and restraining orders, among other crimes. Visit the firm’s website at http://www.greghillassociates.com or the firm’s Facebook page at http://www.facebook.com/pages/greg-hill-associates/198954460153651.
Under a new law recently signed into law by Governor Jerry Brown and put into effect just two weeks ago on October 1, 2011, prison sentences may not be akin to having you or your loved one housed in Siberia.
On May 23, 2011, the U.S. Supreme Court affirmed a lower federal court’s ruling that overcrowded prison conditions in California violated the Eight Amendment’s ban on cruel and unusual punishment.
In response, Governor Jerry Brown signed Assembly Bill 109 (AB109). AB109 directs the California Department of Corrections (CDC) to reduce its prison population by more than 30,000 inmates over the next two years. There are currently 143,435 inmates in the state’s thirty-two prisons.
To comply with AB109, the CDC will not release any current prison inmates. Instead, it will bar recently sentenced lower level inmates from being added to the current prison population, diverting such new inmates to local county jails. Such inmates are those convicted of non-violent, non-sexual and non-serious felonies, including parole violators.
In other words, such inmates, sentenced by a judge to prison, will actually “serve” their time in county jails. Once in county jail, serving “prison time,” the inmates will be supervised by county employees, who will be able to allow inmates to serve their prison time in a variety of ways, including, it is expected, via house arrest, drug half-way houses, probation and work-release programs in some cases.
Prosecutors our office is familiar with believe county jail sentences will become meaningless as limited county jail space becomes taken up by prison inmates. Most prosecutors predict crime will increase and Jerry Brown will ask for more tax dollars for county jails.
When the U.S. Supreme Court affirmed the lower federal court’s ruling, such consequences were recognized and hotly debated. In fact, it appears that the U.S. Supreme Court anticipated that prison doors would swing wide open to allow current prison inmates a transfer to county jails, which AB109 does not allow.
Nevertheless, the justices’ were concerned for public safety, just as California citizens may be. Justice Antonia Scalia worried:
“46,000 happy-go-lucky felons, fortunate enough to be selected
. . . undoubtedly fine physical specimens who have developed
intimidating muscles pumping iron in the prison gym, will be released.
Justice Samuel Alito also criticized the ruling in his dissent, saying the majority is gambling with the safety of the people of California.
For our clients, some of who do face prison sentences, it is good to be aware of AB109 and how it may affect where they serve their time in prison.
If you or a loved one face a prison sentence, it is good to know if you or your loved one indeed will be serving it in some far-away prison or a nearby county jail. Call Greg Hill & Associates to be advised on what you face. Greg Hill is an attorney in Torrance, California. He is a U.S. Naval Academy graduate (B.S., 1987), Boston University graduate (M.B.A., 1994) and Loyola Law School graduate (J.D., 1998). Greg Hill & Associates represents clients in Torrance, Long Beach and the surrounding areas in theft matters, as well as DUI, domestic violence and restraining orders, among other crimes. Visit the firm’s website at http://www.greghillassociates.com or the firm’s Facebook page at http://www.facebook.com/pages/greg-hill-associates/198954460153651.