2010-02-04 14:56:10
County officials have released nearly 300 inmates early under a new state law that reduces the amount of time inmates serve behind bars, officials said.
Passed by the legislature in September, the law – which caught some local officials off guard – allows "low-risk" inmates to earn credits for good behavior and completing other programs to reduce their sentences. In state prisons, the inmates may earn up to six weeks for each year served, saving the state about half a billion dollars, officials said.
In county jails, said Deputy County Council Nicole Sims, the law allows inmates to have their sentences cut by up to half.
The first prisoners were released from several county jails on Jan. 25, the same day the law was put into effect, John McDonald, spokesman for the Orange County Sheriff's Department. In the 11 days that the new provision has been put in place, 295 inmates have been released from Orange County jails.
"I think the whole thing is unfortunate," said Sheriff Sandra Hutchens, adding that the how it will affect the county's prison population and crime rate remains to be seen.
Initially, some local officials believed the bill applied only to state prisons, and local authorities waited for guidance from the state attorney as to when inmates began to accrue credit. The law is expected to reduce the state prison population by 6,500.
Excess, deprivation mark state prisons, click here.
Sims said she was notified of the impact on Orange County in November. Since then, officials with the Orange County Sheriff's Department, District Attorney's Office and Public Defenders office have scrambled to set up guidelines for release.
County officials were also hoping to receive some direction from state authorities on whether credits on time served would begin to be earned by inmates on Jan. 25, or if the time credited to them would be applied retroactively.
Because of the lack of guidance from the state capital, counties across the state have interpreted the law differently. According to the California State Sheriff's Association, 21 of the state's 58 counties have begun releasing inmates as of this week.
In an effort to reduce the risk of possible litigation in the future, Orange County officials decided to apply the terms retroactively, Hutchens said. That decision was made after discussions with the Sheriff's Department, District Attorney's Office and Public Defenders office.
Most of the 4,737 inmates now in county jails are eligible to have their sentences reduced under the new law, Hutchens said.
Inmates serving time or with a previous conviction for crimes such as murder, rape, kidnapping, assault with a firearm, or arson are not eligible. Those who would be required to register as a sex offender would also be ineligible.
But law enforcement officials remain anxious.
"The definition may not exactly be how we see it," said Santa Ana Police Chief Paul Walters. For example, the law disqualifies those convicted of a violent or serious felony, but what a "serious" felony is may be interpreted differently, he said. "The devil is in the details."
State prisons chief Matthew Cate, in a news conference addressing the new legislation last month, called the implementation of the new law a "landmark day in California Corrections." But Hutchens called the move a last-minute effort by state legislators to address the budget crises. Ultimately, she said, the decision shifts the costs and effects to local governments, which might see county jail populations swell with former state prisoners who re-offend.
"If that is such a good idea, why didn't they think of it before the budget crisis?" Hutchens said. "They (convicts) are going to end up back in county jail."
In Sacramento, which also began releasing inmates, a convict by the name of Kevin Eugene Peterson was arrested less than a day after being released. He is suspected of trying to rape a woman, according to news reports.
Under the new law, some state prisoners who are released are also eligible for "nonrevocable" parole, meaning they can still be searched by law enforcement but do not have to report regularly to a parole officer. They can't be sent back to prison for minor parole violations either.
With unemployment rising and budget cuts affecting social programs, inmates who are being released have fewer options, Hutchens said. What the impact will be on local crime, which has been on a consistent decline in recent years, remains to be seen, she said.
Currently there are 1,200 vacant beds in county jails, Hutchens said.
Sheriff officials have been banking on a reduced jail population to win a contract with the federal government to house immigration detainees, a contract that may help the department fix its own ailing budget.
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