A prison sentence often not only means a long period of incarceration, but also a long distance away from loved ones, making visits difficult. While California does have thirty-three prisons statewide, the convenience of family visits is usually not considered in determining where one will serve their prison sentence, although at sentencing one’s attorney may request that the client is housed in the closest prison to family.

Under a new law recently signed into law by Governor Jerry Brown and put into effect just two weeks ago on October 1, 2011, prison sentences may not be akin to having you or your loved one housed in Siberia.

On May 23, 2011, the U.S. Supreme Court affirmed a lower federal court’s ruling that overcrowded prison conditions in California violated the Eight Amendment’s ban on cruel and unusual punishment. Prisons were so crowded that prisoners were succumbing to infectious conditions like patients in overcrowded hospitals in wartime.

In response, Governor Jerry Brown signed Assembly Bill 109 (AB109). AB109 directs the California Department of Corrections (CDC) to reduce its prison population by more than 30,000 inmates over the next two years. There are currently 143,435 inmates in the state’s thirty-two prisons.

To comply with AB109, the CDC will not release any current prison inmates. Instead, it will bar recently sentenced lower level inmates from being added to the current prison population, diverting such new inmates to local county jails. Such inmates are those convicted of non-violent, non-sexual and non-serious felonies, including parole violators. The conviction considered is the most recent only, although the defendant may have a prior sexual or violent conviction from five years, ten years or longer before. Only the most recent conviction is considered, which angers and concerns some.

In other words, such inmates, sentenced by a judge to prison, will actually “serve” their time in county jails. Once in county jail, serving “prison time,” the inmates will be supervised by county employees, who will be able to allow inmates to serve their prison time in a variety of ways, including, it is expected, via house arrest, drug half-way houses, probation and work-release programs in some cases.

Prosecutors our office is familiar with believe county jail sentences will become meaningless as limited county jail space becomes taken up by prison inmates. Most prosecutors predict crime will increase and Jerry Brown will ask for more tax dollars for county jails.

When the U.S. Supreme Court affirmed the lower federal court’s ruling, such consequences were recognized and hotly debated. In fact, it appears that the U.S. Supreme Court anticipated that prison doors would swing wide open to allow current prison inmates a transfer to county jails, which AB109 does not allow.

Nevertheless, the justices’ were concerned for public safety, just as California citizens may be. Justice Antonia Scalia worried:

“46,000 happy-go-lucky felons, fortunate enough to be selected

. . . undoubtedly fine physical specimens who have developed

intimidating muscles pumping iron in the prison gym, will be released.

Justice Samuel Alito also criticized the ruling in his dissent, saying the majority is gambling with the safety of the people of California.

For our clients, some of who do face prison sentences, it is good to be aware of AB109 and how it may affect where they serve their time in prison.

Greg Hill is a criminal defense attorney in Torrance, California. He graduated from the U.S. Naval Academy (Bachelor of Science, 1987), Boston University (M.B.A. 1994) and Loyola Law School (J.D. 1998). Visit his firm’s website is at http://www.greghillassociates.com or call him at (310) 782-2500.

Greg Hill is a criminal defense attorney in Torrance, California. He graduated from the U.S. Naval Academy (Bachelor of Science, 1987), Boston University (M.B.A. 1994) and Loyola Law School (J.D. 1998). Visit his firm’s website is at http://www.greghillassociates.com or call him at (310) 782-2500.

Author Bio: Greg Hill is a criminal defense attorney in Torrance, California. He graduated from the U.S. Naval Academy (Bachelor of Science, 1987), Boston University (M.B.A. 1994) and Loyola Law School (J.D. 1998). Visit his firm’s website is at http://www.greghillassociates.com or call him at (310) 782-2500.

Category: Legal
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