Possible Change in CA Prison Scheme

Assembly Bill 109 has proposed a law that would change the requirements for prison sentences--apparently in an attempt to ease prison overcrowding and to lower the huge chunk of money California taxpayers pay for the huge prison budget. Under current law, a felony is an offense that is punishable by any amount of "time" over one year. A crime punishable by one year or less per statute is a misdemeanor. Under the new bill, crimes currently punishable by either 16 mos, 2 years, or 3 years in the state prison would generally be punishable in the county jail instead. Many of these crimes are drug possessions, theft crimes, possession of stolen property,and other crimes that are not considered serious or violent crimes.

The new law would not affect people convicted of serious or violent felonies, sex crimes, or violations of sex registration laws (Megan's Law).Counties would then contract with the state Departement of Corrections and Rehabilitation for housing of prisoners in the county jails. If this bill passes, the suggested effective date is July 11, 2011.

California has been in the position for many years now of wanting tough sentences for people who commit crimes. I have heard people say regarding California; "Go there on vacation--leave on probation!". I have also heard inmates refer to California as "the prison state" as opposed to "the golden state"! This desire for tough sentencing has resulted in high prison populations, many people on parole, many people violating parole and getting sent back to prison. This means, of course, more money for the prison budget, and less money for programs and education. If this bill passes, it would mean that California is actually planning to do something about the increasing amounts needed each year to imprison felons and punish parolees.

I expect since this would place the counties in the position of supervising what were previously low-level state prisoners, it could potentially affect the prosecution of misdemeanors, in a trickle-down effect. One can only hope that eventually more funding becomes available for education and for alternative programs aimed at turning around those people who end up in prison due to a combination of a poor education, crime in the neighborhood, and drug use.

If you or someone you know have been accused of a crime, arrested, or contacted by police, contact San Jose criminal defense attorney Maureen Baldwin at (408) 279-4450 to learn your options today!