California Re-Alignment
The California re-alignment legislation, also known as AB 109, went into effect beginning on October 1, 2011. The purpose of this legislation is to get lower level offenders out of the state prisons, and to keep parolees who have violated parole for a non-strike, non-violent, non-sex offense from being returned to custody. In 1994, California passed the harshest 3 strike law in the country. Under the terms of this law, if a person is convicted of 2 serious or violent offenses, as defined by the code, and then commits another felony, that person is to be sentenced to 25 years to life in prison at a minimum. Now, 17 years later, some prisons have the look of convalescent jails, with an aging and unhealthy prison population. Many people who commit crimes do so as a result of substance abuse disorders. There are many people in the prison system with lifestyle diseases such as hepatitis. when an inmate is in the custody of the state, the state is also supposed to care for that inmate if he becomes sick. Because of the large amount of inmates facing long sentences for "strikes", now that 17 years have passed, cost of medical care for prison inmates is predictably high. Cost of housing inmates in CA is so high that CA began to "export" prisoners to out-of-state or private prisons.
Re-alignment is meant to bring things back to a reasonable cost. It still does not affect the sentences of three-strikers. But the average first-termer for an offense such as auto burglary or drug sales will now go to jail for several years rather than prison. Credits given for time served in prison is increased for non-violent, non-sex, non-strike prisoners and those in the county jail. Parole is no longer given for simple offenses. Instead there is a system similar to probation. The laws are still being changed as the courts try to "get the bugs" out of the new system.
The result to people who may have normally been sent to jail is that now courts are considering alternative sentences, such as home detention, in order to keep bed-space open and costs down. The Three Strikes Law did not end violent or serious crime. It contributed to the high cost of the CA prison system. We do not know yet if courts and prosecutors will use re-alignment as an opportunity to attempt to assist convicted criminals in bona fide rehabilitation efforts. I would hope this will be the result, but CA's political system may make this difficult.
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!
