Governor Brown Signs AB 109

April 11th, 2011 | Written by Bail Bonds Blog

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SACRAMENTO, CA — Governor Brown signed Assembly Bill (AB) 109 this month, which makes significant changes to California’s correctional system to end the expensive, ineffective and unsafe quick release of lower-level offenders and parole violators through state prisons. Brown stated that the state’s prison system has been a “revolving door” for lower-level offenders and parole violators who are released within months. Cycling these offenders through state prisons wastes money, aggravates crowded conditions, prevents rehabilitation, and delays local law enforcement supervision, according to Brown.

AB 109 will give local law enforcement the right and the ability to manage offenders in “smarter and cost-effective” ways. It also changes the law to realign particular responsibilities for lower level offenders, adult parolees and juvenile offenders from state to local jurisdictions. Under AB 109:

• No inmates currently in state prison will be released early.
• All felons sent to state prison will continue to serve their entire sentence.
• All felons who are convicted of a serious or violent offense – including sex offenders and child molesters – will go to state prison.
• Felons who are not eligible for state prison can serve their sentence at the local level.

For more information, visit http://gov.ca.gov/news.php?id=16964.

Supreme Court to Review California Prison Ruling

November 29th, 2010 | Written by Bail Bonds Blog

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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