Washington – In response to steadily decreasing revenue and budgets, states across the nation are seeking new, alternative ways to cut costs. Proposed solutions: Squeeze savings out of the state prisons.

In Washington, state prisons will go on lock-down one day per month, confining inmates to cells and adjacent living areas. This solution allows prisons to cut back on resources and allows wardens to send some staff members home without pay. Trial tests of the lock-downs/furloughs were executed in November with success, prompting the full implementation of the program one day per month from January to June 2011. Projected savings equal approximately $1 million.

“It’s working as designed,” said Dan Pacholke, deputy director of prisons at the Washington State Department of Corrections in Olympia.

http://in.reuters.com/article/idINIndia-54286020110120

California – Beginning in 2011, California will establish a medical parole program for inmates who are comatose and physically incapacitated on a permanent basis. Gov. Arnold Schwarzenegger passed the bill, SB 1399 by Sen. Mark Leno, into law on September 29, 2010.

In a state of financial crisis, California has been seeking ways to reduce spending with a number of legislation initiatives involving the prison system. Currently, California houses the highest prison population in the United States and spends approximately $11,000 per inmate on healthcare (compared to $2,750 spent per inmate on healthcare in Texas). SB 1399 is projected to save the state approximately $46 million annually.

The medical parole bill exempts any inmate who has been sentenced to death, life without parole or those sentenced under the Three-Strikes-Law. The bill will include a screening process to make sure that public safety is not jeopardized by the early release of inmates. Thus far, California has identified 32 candidates for the program whose average annual healthcare and guard costs total almost 2 million per person.

Says Sen. Mark Leno, “I would rather keep 100 school teachers employed than continue to waste millions of taxpayer dollars on incarcerating 10 severely incapacitated inmates. Across the nation, 36 states, including Texas, have medical parole programs for inmates who are so seriously ill that they could not possibly threaten public safety. Especially given our fiscal crisis, it is time for California to do the same.”

http://articles.latimes.com/2010/sep/29/local/la-me-0929-arnold-bills-20100929

Sonoma County, California – As the holidays move into full swing, Sonoma County police are executing a DUI enforcement task force operation known as “Avoid the 13.”

“Avoid the 13” is a collaborative enforcement and education effort made between 13 police departments throughout Sonoma County. The goal: Reduce alcohol-involved fatalities and injuries while raising public awareness of the hazards involved with drinking and driving. Participating law enforcement agencies include police departments from the cities of Cloverdale, Cotati, Healdsburg, Petaluma, Rohnert Park, Santa Rosa, Sebastopol, Sonoma and Windsor; the Sonoma County Sheriff’s Department; Sonoma State University Police Department and the Santa Rosa Junior College Police Department; and the California Highway Patrol.

This holiday season, the “Avoid the 13” efforts will begin starting Monday, December 17 and run through Monday, January 3. Efforts to eliminate drinking and driving will consist of increased DUI checkpoints plus two extra police officers on duty specifically to enforce DUI-related crimes.

If you’re out celebrating, be sure to appoint a designated driver and travel safely. Have a safe and wonderful holiday season from All-Pro!

http://www.sonomanews.com/news/article_43e987f8-0ca5-11e0-8c15-001cc4c03286.html

Sacramento, California – The penalty for possession of an ounce or less of marijuana will be downgraded from a misdemeanor to an infraction effective January 1, 2011. Violations will not go on the person’s records as a crime; however, offenders will still be required to pay a fine of $100 with no jail time.

Gov. Arnold Schwarzenegger signed the new measure, SB 1449 by Sen. Mark Leno, into law earlier this year in October. Supporters of the new legislation claim that the change will prevent marijuana-related cases from clogging court trials and wasting valuable resources by prosecuting minor offenses.

Gov. Arnold Schwarzenegger said, “I am signing this measure because possession of less than an ounce of marijuana is an infraction in everything but name. In this time of drastic budget cuts, prosecutors, defense attorneys, law enforcement and the courts can not afford to expend limited resources prosecuting a crime that carries the same punishment as a traffic ticket.”

Opponents of the new law critique that the penalty relaxation sends the wrong message to society by eliminating the public stigma of the drug.

http://articles.latimes.com/2010/oct/02/local/la-me-marijuana-20101002

California – The California prison system will take center stage on Tuesday, November 30, in front of the U.S. Supreme Court in a case known as Schwarzenegger vs. Plata. Under review: A California federal district court ruling in January mandating that the state cut the California prison population by approximately 40,000 and cap the inmate population at 137.5% of capacity within two years.

The January ruling was prompted by the conclusion that overcrowding in the state’s prison system (the largest population in the nation) is the main cause of poor medical and mental health care that violates prisoner’s Eighth Amendment right to be free from cruel and unusual punishment. Beyond capacity for two decades, the California prison system currently holds 164,000 inmates in a system designed to house approximately 80,000.

However, California officials argue that the January ruling by the three-judge panel overstepped boundaries and that the judges did not have the authority to issue the release order. The Supreme Court will determine if the judges correctly applied the relevant 1996 federal Prison Litigation Reform Act, which governs how federal courts can be involved in the management of state prisons. The Supreme Court will not be responsible for judging if the ruling was necessary or if overcrowding is the primary contributor to substandard health care.

http://online.wsj.com/article/SB10001424052748703785704575642940131431372.html?mod=googlenews_wsj

Oceanside, CA – As Halloween 2010 approaches, San Diego county law enforcement officials are gearing up for conducting increased patrols and DUI checkpoints throughout the holiday weekend.

As part of this effort, Oceanside police have confirmed that they will conduct a sobriety checkpoint this Friday night for seven hours. The Oceanside DUI checkpoint is scheduled to begin at 8 p.m. on Friday, October 29 and last through 3 a.m. on Saturday, October 30.

Oceanside police Lt. Leonard Mata says “The purpose of the operation is to prevent collisions involving drunken drivers, remove intoxicated motorists from the roads and send a message to people who drive under the influence.”

If you’re out celebrating, be sure to appoint a designated driver and travel safely. Happy Halloween from All-Pro!

http://www.nctimes.com/news/local/oceanside/ab456bc2-2fce-5c6c-aee6-2963d159649b.html

Assembly Bill 1369 vetoed by Governor

On September 29, 2010, Arnold Schwarzenegger officially vetoed Assembly Bill 1369. The bill proposed allowing the use of voluntary or involuntary electronic monitoring programs for inmates being held in lieu of bail for both felonies and misdemeanors. Under existing law, if a misdemeanor flees from a voluntary alternative custody program, he or she is subject to felony prosecution. Under AB 1369, if a person is charged with a felony and escapes or removes their electronic monitoring device while participating in an alternative custody program, he or she can only be prosecuted for a misdemeanor.

Those favoring the bill said it would give counties facing jail-overcrowding problems the flexibility to place inmates on electronic monitoring upon their release. Based on the lack of space in the county jail system, a Federal Court has placed a mandatory cap on the number of inmates in the system. To adhere to the cap, the Sheriff’s Department has reduced the percentage of time served by inmates committed to county jail. So, supporters of AB 1369 argued that electronic monitoring would allow for further monitoring of those released earlier than they typically would be based on their offense.

The Governor’s Office of Planning and Research argues that “As written, AB 1369 would allow counties that are forced to release inmates from their jails before those inmates’ sentences are completed, because of a lack of jail space, to require felony inmates to participate in an involuntary home detention program, in lieu of confinement. Jail overcrowding is a substantial, statewide concern. However, the only sanction available under existing law for a person subject to involuntary home confinement who escapes or attempts to escape is to have the person taken into custody to serve the balance of his or her sentence. Currently, a person subject to voluntary home detention is guilty of an alternate felony/misdemeanor if he or she escapes or attempts to escape from the place of confinement.”

The Governor vetoed the bill because he agreed with the opposition that a person should not be subject to misdemeanor penalties for evading felony prosecution.

http://dl5.activatedirect.com/fs/distribution:letterFile/yvcee9xanplikz_files/z61z5iqmrc9sd2?&_c=d%7Cyvcee9xanplikz%7Cz625yftao3x90m&_ce=1286564586.a300243a666aeff8f8cd45b1b4f1cbf3

Full Analysis
http://www.aroundthecapitol.com/billtrack/analysis.html?aid=34469

San Bernardino Proposal Would Charge Bail Agencies

San Bernardino, California – The San Bernardino County Board of Supervisors are considering a proposal to charge bail bond agencies a fee for posting jail board ads in the county detention facilities.

Currently, all San Bernardino County jails provide a jail board, which alphabetically lists the services of local bail bond agencies approved by the California Board of Insurance. San Bernardino County jails presently feature a list of 135 bail bond agencies, none of which are charged for posting their jail board ad.

The proposed ordinance would require bail bond agencies to be charged $50 per month for each ad posted in the four county jails, as well as $10 per month for each ad posted at the sheriff stations. A sheriff’s custody specialist would be responsible for monitoring the jail board list, verifying licensees, printing list updates and collecting fees. If implemented, the proposal would generate $97,200 annually.

http://www.pe.com/localnews/sbcounty/stories/PE_News_Local_D_nsupes04.2ca3ffa.html

Colorado Bail Bond-Related Measure Sparks Controversy

Larimer County, Colorado – Controversy is brewing in Colorado over Proposition 102– a November ballot measure seeking to change the handling of criminal defendants awaiting trial in Larimer County.

Proposition 102 would ban judges from assigning defendants to pretrial services on unsecured bonds with the exception of first-time offenders accused of non-violent misdemeanor crimes. In contrast, only defendants utilizing surety bonds obtained through a bail bond agency for a fee would be able to be assigned to pretrial services.

As background, pretrial services involve the screening and examination of a defendant by a bond commissioner who determines their flight risk and potential community threat if released. Under a personal recognizance bond, defendants promise to appear in court with no monetary commitment between the court and the defendant. Under a surety bond, defendants utilize the services of a bail bond agent, who agrees to guarantee the appearance of the defendant in court or pay the court the entire bond amount.

Opponents of Proposition 102 argue that the measure would lead to defendants spending increased jail time, ultimately leading to higher jail populations and increased state costs. Supporters of Proposition 102 point to public safety issues of offenders being released from jail on personal recognizance bonds.

County commissioners on Tuesday, September 14 unanimously approved a resolution against Proposition 102.

http://www.coloradoan.com/article/20100916/NEWS01/9160339/Officials-oppose-ballot-measure-on-bail-bonds