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Thursday, April 11, 2013

Guest commentary: What the Brown is not telling you about AB 109

Daily NewsSen. Jim Nielsen-Special to the DN

Not early release?

Assertions that prison realignment is not an early release program are deceptive.

Realignment changed penalties and the level of parole supervision for most felons convicted after Nov. 1, 2011. It shifted the responsibility for tens of thousands of felons to counties where jail space is already filled to capacity, and changed the definition of who qualifies for community service programs.

Realignment authorizes the early release of felons.

Convicted felons now sentenced to county supervision instead of state prisons include:

--- Career drug dealers

--- Commercial burglars

--- Habitual auto and I.D. thieves

--- Criminals with long criminal histories including felonies involving assault and firearms

A county sentence is not the same as a State Prison sentence.

Under Penal Code, Section 17.5, a felon sentenced to jail rather than prison may be released early subject to day reporting, electronic monitoring or any number of non-custodial treatment programs.

Realignment also allows judges to split the sentence of felons so that part of their term may be spent in county jail and part subject to county probation (Section 1170 (h)(5)). When county jails are full, where will the felons go?

Under realignment, parole periods have been slashed from three years to one year. continue reading...


Relavent said...

If the facts laid out in this article are correct. Why not reset by discarding AB-109 into the trash heap it belonged in during its conception? STOP THE MADNESS! The response to the federal court was more of let do something to show an effort as opposed to lets solve the problems. The shell game of avoiding responsibility has blown up in the collective faces of all the aces who put AB-109 in action.

When does a reasonable consensus erase the waste rash decisions have conjured up. CDCR employees are tire of being the poster kids for the bad decisions of politicians and the CDCR executives who obviously have little input in the decision making process, seeing how the bean counters seem to be in total control of the agency.

Anonymous said...

This is a great piece that EXPOSES AB 109 for what it is.

The Govs ploy to redirect the blame on County crime (gone wild) , to the Judges is just that, a ploy. A ploy that is also EXPOSED in this piece,thanks for putting it out.

Anonymous said...

Interesting when he points out that " This policy makes as much sense as requiring 58 counties to establish there own Department of Motor Vehicles. " Its just a shame that people are literally DYING prematurely becouse of this NONSENSICAL policy.

Anonymous said...

Do not forget the biggest backer of AB 109 was ccpoa and the rouge leader Mike Jimenez,,,,

Relavent said...

Yeah it seems Jimenez's article earlier this year supporting AB-109 laid it out very clear where he stands, on the opposite side of those he represents! What good has it done for the rank and file of CCPOA?