Criminal defendants in California may be able to serve their sentences closer to home due to a recent overhaul of the state's corrections system.
In May, the Supreme Court held that California's overcrowded prisons violated the Eighth Amendment's ban on cruel and unusual punishment. The court ordered the state to reduce its prison population by 30,000 in order to alleviate those conditions.
The state responded in part by passing the Criminal Justice Realignment Act of 2011, which alters California's policy for sentencing felony offenders. The bills AB 109, AB 116 and AB 117 amended state law which dictates where some felons serve their sentences and how parolees are supervised.
What Realignment Means for Criminal Suspects in California
California's prison realignment involves transferring responsibility for lower-level drug offenses, theft crimes and other non-violent offenses from the state to counties. While these less serious crimes previously landed offenders in state prison, realignment allows people convicted of these crimes to serve their sentences in county jail.
The overhaul is expected to cut nearly $1.5 billion from the state's incarceration costs and reduce recidivism, or repeat offenses that land inmates back in jail after their release. California's counties may be able to provide better rehabilitation programs and job training to keep offenders out of jail.
Sentencing more offenders to county jail will also hold counties accountable for their sentencing decisions. If criminals are jailed in the county where they are sentenced, county prosecutors and judges may be less enthusiastic about imposing long sentences.
Limitations and Exceptions
Realignment means major changes for some inmates but is limited in its application. Unfortunately for the current prison population, inmates who were already imprisoned at the time of implementation will not be affected at this time. Inmates sentenced on or after Oct. 1, 2011 will be sentenced under the new guidelines. Those convicted of violent offenses or sex crimes will be sentenced to state prison regardless.
Furthermore, realignment will not change the length of any criminal sentence. Courts will still use the state's system of determinate sentencing, which allows judges to choose one of three sentences for a crime based on aggravating and mitigating factors.
If you have been accused of a crime, it is essential to speak with an experienced criminal defense attorney who can advocate for your rights in and out of court. The right counsel can explore your options for achieving the best possible outcome in your case.
