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Giselle Esteban Sentenced to 25 Years for Michelle Le's Murder
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FM","link":"/"}},"news_11882320":{"type":"posts","id":"news_11882320","meta":{"index":"posts_1591205157","site":"news","id":"11882320","score":null,"sort":[1627325388000]},"guestAuthors":[],"slug":"new-state-funding-boosts-prosecutor-led-resentencing-efforts-in-california","title":"New State Funding Boosts Prosecutor-Led Resentencing Efforts in California","publishDate":1627325388,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A new state-funded program encourages district attorneys to resentence some incarcerated people serving long prison terms that many now consider excessive.\u003c/p>\n\u003cp>Nine DAs throughout California — including those in San Francisco, Santa Clara and Contra Costa counties — will receive a portion of an $18 million pot earmarked in the recently approved state budget to help identify inmates who are no longer deemed a public safety risk, but still have years left behind bars.\u003c/p>\n\u003cp>“Most prosecutors agree that if a person has transformed their life and there's no justification for having them incarcerated, then they should be out,” said Hillary Blout, executive director of \u003ca href=\"https://www.fortheppl.org/\">For The People\u003c/a>, a sentencing reform group that is working with the DAs to help identify eligible inmates.\u003c/p>\n\u003cp>“That prosecutor can bring the case back to the court and essentially say, ‘Your honor, our agency asked you to send this person away and we're here now asking you to send this person home,' \" Blout said.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Hillary Blout, executive director of For The People\"]'Most prosecutors agree that if a person has transformed their life and there's no justification for having them incarcerated, then they should be out.'[/pullquote]The funding is intended to implement \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2942\">Assembly Bill 2942\u003c/a>, a 2018 law that Blout helped draft, which allows district attorneys to recommend that courts reconsider old cases and issue new, lighter sentences — including for people convicted of violent crimes years ago.\u003c/p>\n\u003cp>Some 75 incarcerated people in California have so far been resentenced under the law, according to Blout. In most cases, it’s led to their near-immediate release from prison and reentry back into their communities on parole.\u003c/p>\n\u003cp>That includes about 50 people from San Francisco alone, according to Arcelia Hurtado, chief of the post-conviction unit in the San Francisco DA’s Office. She said her staff is working with the Public Defender’s Office and community groups to review the sentences of the nearly 200 people from San Francisco who have already served over 20 years — about a third of the current prison population from the city. Some of those cases, she added, are women who committed violent crimes against their abusers.\u003c/p>\n\u003cp>“Many years ago, courts just didn't hear that information or just didn't give it proper weight,” Hurtado said, noting that her office will likely use the new state funding to hire a dedicated team to review the cases and develop a strong reentry program for people who are released.\u003c/p>\n\u003cp>[ad fullwidth]The state’s investment in the program signals a shift away from the harsh sentencing policies of past decades, when laws like mandatory minimums and three strikes sparked an explosion in the prison population, mushrooming from about 50,000 inmates in 1985 to a peak of 173,000 in 2006.\u003c/p>\n\u003cp>“Our legacy in California has not been a great one in terms of our investment in building prisons and then filling them with people,” Blout said, noting the disproportionate impact that’s had on people of color.\u003c/p>\n\u003cp>But in recent years, the state has advanced a slew of criminal justice reforms aimed at reducing the prison population.\u003c/p>\n\u003cp>“But by and large, with all of those efforts, it historically had been prosecutors that were seen as the barrier to really being able to see the promise of these initiatives,” said Blout, who worked for years as a prosecutor in the San Francisco DA’s Office. “I think that if we're ever going to get our system to a place where we are effectively implementing all of the different laws at our disposal, we have to have one of the most powerful actors in the criminal justice system involved, and that's prosecutors.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://omny.fm/shows/kqed-segmented-audio/bay-area-counties-participate-in-pilot-program-to/embed?style=cover\" frameborder=\"0\" width=\"100%\" height=\"180\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The nine DA’s offices in the pilot program, which also include Los Angeles, Merced, San Diego, Humboldt, Riverside and Yolo counties, were chosen to reflect California's diverse geography and demographics, Blout said, and to show that the model can be applied across the state and the country. In just the last year, two other states — \u003ca href=\"https://www.oregonlive.com/politics/2021/06/bill-allowing-das-and-prisoners-to-ask-court-to-review-sentence-conviction-heads-to-governors-desk.html\">Oregon\u003c/a> and \u003ca href=\"https://www.thetelegraph.com/news/article/Illinois-passes-new-law-prohibiting-police-from-16317669.php'\">Illinois\u003c/a> — have followed California's lead, passing similar resentencing laws. Washington State \u003ca href=\"https://app.leg.wa.gov/billsummary?Year=2019&BillNumber=6164\">passed its own version\u003c/a> in 2020.\u003c/p>\n\u003cp>After AB 2942 went into effect in 2019, Blout’s organization began working directly with the Santa Clara County District Attorney’s Office to begin reviewing cases and develop risk-assessment protocols.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"criminal-justice-reform\"]\u003ca href=\"https://www.mercurynews.com/2021/05/08/see-the-chapters-that-still-have-to-be-written-san-jose-mans-redemption-held-up-as-testament-to-landmark-prison-reform-law/\">Kennard Love\u003c/a>, from San Jose, was one of the inmates who quickly rose to the top of the list of eligible participants. In 2007, at the age of 19, he was convicted of multiple armed robberies and sentenced to 28 years in prison.\u003c/p>\n\u003cp>At San Quentin State Prison, he earned associate’s degrees in business, behavioral and social science, and math and joined \u003ca href=\"https://thelastmile.org/\">The Last Mile\u003c/a> program, which teaches computer coding to prisoners.\u003c/p>\n\u003cp>Working with Silicon Valley De-Bug, a criminal justice reform organization that helps support incarcerated people, Blout’s group advocated for Love, and in December 2020, the Santa Clara DA's Office recommended to a court that he be resentenced. Within days, he walked out prison, on parole.\u003c/p>\n\u003cp>“He decided to make a change in his life,” said Santa Clara County District Attorney Jeffrey Rosen, who oversaw the resentencing effort. “I want to reward and incentivize other inmates to make that change, because that change is good for them and it's good for our community, because somebody who's now not a criminal, not robbing, not stealing means that there are fewer crime victims.”\u003c/p>\n\u003cp>Rosen's office has successfully petitioned to have 12 people resentenced since 2019 – a relatively modest figure that he said reflects the time it takes to carefully evaluate cases and do thorough risk assessments to guarantee public safety. And despite the inherently politically fraught business of releasing people from prison early, particularly those convicted of violent offenses, Rosen said he hasn't yet faced much pushback.\u003c/p>\n\u003cp>\"Of course, this isn't something we do lightly. We talk to victims’ families,\" Rosen said. \"And sometimes victims are very supportive of the early release. Sometimes they don't care so much one way or another, they've moved on. And sometimes they're concerned. I haven't had a victim say, 'Oh, absolutely not. That person should rot in prison forever.' \"\u003c/p>\n\u003cp>The resentencing program, Rosen added, is a validation of his job as a prosecutor.\u003c/p>\n\u003cp>\"Our commitment is to do justice. And it doesn't end after the conviction,\" he said. \"And while there certainly are cases we prosecuted where we think a person was not sentenced to enough time in prison, certainly we must acknowledge that there's cases where someone was sentenced to too long in prison. And this law is an opportunity for us to redress that and to provide a fuller justice.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"The funding is intended to implement a 2018 state law allowing district attorneys to recommend that courts reconsider old cases and issue new, lighter sentences.","status":"publish","parent":0,"modified":1642633323,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":1177},"headData":{"title":"New State Funding Boosts Prosecutor-Led Resentencing Efforts in California | KQED","description":"The funding is intended to implement a 2018 state law allowing district attorneys to recommend that courts reconsider old cases and issue new, lighter sentences.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"New State Funding Boosts Prosecutor-Led Resentencing Efforts in California","datePublished":"2021-07-26T18:49:48.000Z","dateModified":"2022-01-19T23:02:03.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11882320 https://ww2.kqed.org/news/?p=11882320","disqusUrl":"https://ww2.kqed.org/news/2021/07/26/new-state-funding-boosts-prosecutor-led-resentencing-efforts-in-california/","disqusTitle":"New State Funding Boosts Prosecutor-Led Resentencing Efforts in California","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2021/07/Sentencing.mp3","excludeFromSiteSearch":"Include","path":"/news/11882320/new-state-funding-boosts-prosecutor-led-resentencing-efforts-in-california","audioDuration":95000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A new state-funded program encourages district attorneys to resentence some incarcerated people serving long prison terms that many now consider excessive.\u003c/p>\n\u003cp>Nine DAs throughout California — including those in San Francisco, Santa Clara and Contra Costa counties — will receive a portion of an $18 million pot earmarked in the recently approved state budget to help identify inmates who are no longer deemed a public safety risk, but still have years left behind bars.\u003c/p>\n\u003cp>“Most prosecutors agree that if a person has transformed their life and there's no justification for having them incarcerated, then they should be out,” said Hillary Blout, executive director of \u003ca href=\"https://www.fortheppl.org/\">For The People\u003c/a>, a sentencing reform group that is working with the DAs to help identify eligible inmates.\u003c/p>\n\u003cp>“That prosecutor can bring the case back to the court and essentially say, ‘Your honor, our agency asked you to send this person away and we're here now asking you to send this person home,' \" Blout said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'Most prosecutors agree that if a person has transformed their life and there's no justification for having them incarcerated, then they should be out.'","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Hillary Blout, executive director of For The People","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The funding is intended to implement \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2942\">Assembly Bill 2942\u003c/a>, a 2018 law that Blout helped draft, which allows district attorneys to recommend that courts reconsider old cases and issue new, lighter sentences — including for people convicted of violent crimes years ago.\u003c/p>\n\u003cp>Some 75 incarcerated people in California have so far been resentenced under the law, according to Blout. In most cases, it’s led to their near-immediate release from prison and reentry back into their communities on parole.\u003c/p>\n\u003cp>That includes about 50 people from San Francisco alone, according to Arcelia Hurtado, chief of the post-conviction unit in the San Francisco DA’s Office. She said her staff is working with the Public Defender’s Office and community groups to review the sentences of the nearly 200 people from San Francisco who have already served over 20 years — about a third of the current prison population from the city. Some of those cases, she added, are women who committed violent crimes against their abusers.\u003c/p>\n\u003cp>“Many years ago, courts just didn't hear that information or just didn't give it proper weight,” Hurtado said, noting that her office will likely use the new state funding to hire a dedicated team to review the cases and develop a strong reentry program for people who are released.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The state’s investment in the program signals a shift away from the harsh sentencing policies of past decades, when laws like mandatory minimums and three strikes sparked an explosion in the prison population, mushrooming from about 50,000 inmates in 1985 to a peak of 173,000 in 2006.\u003c/p>\n\u003cp>“Our legacy in California has not been a great one in terms of our investment in building prisons and then filling them with people,” Blout said, noting the disproportionate impact that’s had on people of color.\u003c/p>\n\u003cp>But in recent years, the state has advanced a slew of criminal justice reforms aimed at reducing the prison population.\u003c/p>\n\u003cp>“But by and large, with all of those efforts, it historically had been prosecutors that were seen as the barrier to really being able to see the promise of these initiatives,” said Blout, who worked for years as a prosecutor in the San Francisco DA’s Office. “I think that if we're ever going to get our system to a place where we are effectively implementing all of the different laws at our disposal, we have to have one of the most powerful actors in the criminal justice system involved, and that's prosecutors.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://omny.fm/shows/kqed-segmented-audio/bay-area-counties-participate-in-pilot-program-to/embed?style=cover\" frameborder=\"0\" width=\"100%\" height=\"180\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>The nine DA’s offices in the pilot program, which also include Los Angeles, Merced, San Diego, Humboldt, Riverside and Yolo counties, were chosen to reflect California's diverse geography and demographics, Blout said, and to show that the model can be applied across the state and the country. In just the last year, two other states — \u003ca href=\"https://www.oregonlive.com/politics/2021/06/bill-allowing-das-and-prisoners-to-ask-court-to-review-sentence-conviction-heads-to-governors-desk.html\">Oregon\u003c/a> and \u003ca href=\"https://www.thetelegraph.com/news/article/Illinois-passes-new-law-prohibiting-police-from-16317669.php'\">Illinois\u003c/a> — have followed California's lead, passing similar resentencing laws. Washington State \u003ca href=\"https://app.leg.wa.gov/billsummary?Year=2019&BillNumber=6164\">passed its own version\u003c/a> in 2020.\u003c/p>\n\u003cp>After AB 2942 went into effect in 2019, Blout’s organization began working directly with the Santa Clara County District Attorney’s Office to begin reviewing cases and develop risk-assessment protocols.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"criminal-justice-reform"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003ca href=\"https://www.mercurynews.com/2021/05/08/see-the-chapters-that-still-have-to-be-written-san-jose-mans-redemption-held-up-as-testament-to-landmark-prison-reform-law/\">Kennard Love\u003c/a>, from San Jose, was one of the inmates who quickly rose to the top of the list of eligible participants. In 2007, at the age of 19, he was convicted of multiple armed robberies and sentenced to 28 years in prison.\u003c/p>\n\u003cp>At San Quentin State Prison, he earned associate’s degrees in business, behavioral and social science, and math and joined \u003ca href=\"https://thelastmile.org/\">The Last Mile\u003c/a> program, which teaches computer coding to prisoners.\u003c/p>\n\u003cp>Working with Silicon Valley De-Bug, a criminal justice reform organization that helps support incarcerated people, Blout’s group advocated for Love, and in December 2020, the Santa Clara DA's Office recommended to a court that he be resentenced. Within days, he walked out prison, on parole.\u003c/p>\n\u003cp>“He decided to make a change in his life,” said Santa Clara County District Attorney Jeffrey Rosen, who oversaw the resentencing effort. “I want to reward and incentivize other inmates to make that change, because that change is good for them and it's good for our community, because somebody who's now not a criminal, not robbing, not stealing means that there are fewer crime victims.”\u003c/p>\n\u003cp>Rosen's office has successfully petitioned to have 12 people resentenced since 2019 – a relatively modest figure that he said reflects the time it takes to carefully evaluate cases and do thorough risk assessments to guarantee public safety. And despite the inherently politically fraught business of releasing people from prison early, particularly those convicted of violent offenses, Rosen said he hasn't yet faced much pushback.\u003c/p>\n\u003cp>\"Of course, this isn't something we do lightly. We talk to victims’ families,\" Rosen said. \"And sometimes victims are very supportive of the early release. Sometimes they don't care so much one way or another, they've moved on. And sometimes they're concerned. I haven't had a victim say, 'Oh, absolutely not. That person should rot in prison forever.' \"\u003c/p>\n\u003cp>The resentencing program, Rosen added, is a validation of his job as a prosecutor.\u003c/p>\n\u003cp>\"Our commitment is to do justice. And it doesn't end after the conviction,\" he said. \"And while there certainly are cases we prosecuted where we think a person was not sentenced to enough time in prison, certainly we must acknowledge that there's cases where someone was sentenced to too long in prison. And this law is an opportunity for us to redress that and to provide a fuller justice.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11882320/new-state-funding-boosts-prosecutor-led-resentencing-efforts-in-california","authors":["1263"],"categories":["news_6188","news_8","news_13"],"tags":["news_18538","news_2729","news_17725","news_22276","news_21479","news_2842","news_2688"],"featImg":"news_11882321","label":"news"},"news_11859211":{"type":"posts","id":"news_11859211","meta":{"index":"posts_1591205157","site":"news","id":"11859211","score":null,"sort":[1612857904000]},"guestAuthors":[],"slug":"state-sentencing-commission-calls-for-overhaul-of-criminal-laws","title":"California Commission Recommends Ending Mandatory Minimum Sentences","publishDate":1612857904,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>A newly formed state commission is recommending that California end mandatory minimum sentences for nonviolent crimes and allow judges to reconsider all criminal sentences after someone has spent 15 years in prison.\u003c/p>\n\u003cp>Those are two of the 10 recommendations laid out in an 89-page report by the \u003ca href=\"http://clrc.ca.gov/CRPC.html\" target=\"_blank\" rel=\"noopener noreferrer\">Committee on Revision of the Penal Code\u003c/a>, which is charged with examining California’s criminal sentencing laws and recommending changes. [pullquote size=\"medium\" align=\"right\" citation=\"Mike Romano, Three Strikes Clinic, Stanford Law School\"]'What we found is that California has an unbelievably bloated criminal legal system and that there are a tremendous number of people who are serving punishments that are unnecessary in terms of enhancing public safety.'[/pullquote]\u003c/p>\n\u003cp>Among their findings: That the state’s legal system has racial inequality at its core and that many laws are outdated, unsupported by data and don’t make the public more safe.\u003c/p>\n\u003cp>\"We really tried to do a complete survey of punishments in California from driving infractions, all the way to life in prison,\" said commission Chair Mike Romano, who runs the Three Strikes Clinic at Stanford Law School. \u003c/p>\n\u003cp>\"What we found is that California has an unbelievably bloated criminal legal system and that there are a tremendous number of people who are serving punishments that are unnecessary in terms of enhancing public safety, in fact quite the opposite,\" he said. \u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The group heard from a wide range of experts, including every major law enforcement group in the state, current and former prosecutors and judges and state officials.\u003c/p>\n\u003cp>The commission learned that California is spending $83,000 a year to lock up each prisoner, for a total of $16 billion. Yet the report also details evidence that California is enjoying the lowest crime rates since statewide tracking began in 1969, even as the state has enacted laws that reduce the number of people incarcerated. [aside tag=\"justice, criminal\" label=\"More Related Stories\"]\u003c/p>\n\u003cp>“Aspects of California’s criminal legal system are undeniably broken,\" the report states. \u003c/p>\n\u003cp>“The current system has racial inequity at its core,\" the commission wrote, adding that inequality may be worse than imagined as \"people of color are disproportionately punished under state laws.”\u003c/p>\n\u003cp>The group is made up of legal experts and two state lawmakers. There are 10 recommendations in its inaugural report — all focusing on changes that could be made by the Legislature, without going to voters. \u003c/p>\n\u003cp>Those recommendations are:\u003c/p>\n\u003col>\n\u003cli>Eliminate incarceration and reduce fines and fees for certain traffic offenses\u003c/li>\n\u003cli>Require that short prison sentences be served in county jails\u003c/li>\n\u003cli>End mandatory minimum sentences for nonviolent offenses\u003c/li>\n\u003cli>Establish that low-value thefts without serious injury or use of a weapon are misdemeanors\u003c/li>\n\u003cli>Provide guidance for judges considering sentencing enhancements\u003c/li>\n\u003cli>Limit gang enhancements to the most dangerous offenses\u003c/li>\n\u003cli>Retroactively apply sentence enhancements previously repealed by the Legislature\u003c/li>\n\u003cli>Equalize custody credits for people who committed the same offenses, regardless of where or when they are incarcerated\u003c/li>\n\u003cli>Clarify parole suitability standards to focus on risk of future violent or serious offenses\u003c/li>\n\u003cli> Establish judicial process for \"second look\" resentencing\u003c/li>\n\u003c/ol>\n\u003cp>\u003c/p>\n\u003cp>The commission will present the findings to the governor and lawmakers for consideration. \u003c/p>\n\n","blocks":[],"excerpt":"Panel says California law has 'racial inequality at its core' and doesn't make public more safe.","status":"publish","parent":0,"modified":1612975879,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":14,"wordCount":534},"headData":{"title":"California Commission Recommends Ending Mandatory Minimum Sentences | KQED","description":"Panel says California law has 'racial inequality at its core' and doesn't make public more safe.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Commission Recommends Ending Mandatory Minimum Sentences","datePublished":"2021-02-09T08:05:04.000Z","dateModified":"2021-02-10T16:51:19.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11859211 https://ww2.kqed.org/news/?p=11859211","disqusUrl":"https://ww2.kqed.org/news/2021/02/09/state-sentencing-commission-calls-for-overhaul-of-criminal-laws/","disqusTitle":"California Commission Recommends Ending Mandatory Minimum Sentences","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/524fe10e-258a-414c-9b1d-acca011f9eee/audio.mp3","path":"/news/11859211/state-sentencing-commission-calls-for-overhaul-of-criminal-laws","audioDuration":112000,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>A newly formed state commission is recommending that California end mandatory minimum sentences for nonviolent crimes and allow judges to reconsider all criminal sentences after someone has spent 15 years in prison.\u003c/p>\n\u003cp>Those are two of the 10 recommendations laid out in an 89-page report by the \u003ca href=\"http://clrc.ca.gov/CRPC.html\" target=\"_blank\" rel=\"noopener noreferrer\">Committee on Revision of the Penal Code\u003c/a>, which is charged with examining California’s criminal sentencing laws and recommending changes. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"'What we found is that California has an unbelievably bloated criminal legal system and that there are a tremendous number of people who are serving punishments that are unnecessary in terms of enhancing public safety.'","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Mike Romano, Three Strikes Clinic, Stanford Law School","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Among their findings: That the state’s legal system has racial inequality at its core and that many laws are outdated, unsupported by data and don’t make the public more safe.\u003c/p>\n\u003cp>\"We really tried to do a complete survey of punishments in California from driving infractions, all the way to life in prison,\" said commission Chair Mike Romano, who runs the Three Strikes Clinic at Stanford Law School. \u003c/p>\n\u003cp>\"What we found is that California has an unbelievably bloated criminal legal system and that there are a tremendous number of people who are serving punishments that are unnecessary in terms of enhancing public safety, in fact quite the opposite,\" he said. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The group heard from a wide range of experts, including every major law enforcement group in the state, current and former prosecutors and judges and state officials.\u003c/p>\n\u003cp>The commission learned that California is spending $83,000 a year to lock up each prisoner, for a total of $16 billion. Yet the report also details evidence that California is enjoying the lowest crime rates since statewide tracking began in 1969, even as the state has enacted laws that reduce the number of people incarcerated. \u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"tag":"justice, criminal","label":"More Related Stories "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“Aspects of California’s criminal legal system are undeniably broken,\" the report states. \u003c/p>\n\u003cp>“The current system has racial inequity at its core,\" the commission wrote, adding that inequality may be worse than imagined as \"people of color are disproportionately punished under state laws.”\u003c/p>\n\u003cp>The group is made up of legal experts and two state lawmakers. There are 10 recommendations in its inaugural report — all focusing on changes that could be made by the Legislature, without going to voters. \u003c/p>\n\u003cp>Those recommendations are:\u003c/p>\n\u003col>\n\u003cli>Eliminate incarceration and reduce fines and fees for certain traffic offenses\u003c/li>\n\u003cli>Require that short prison sentences be served in county jails\u003c/li>\n\u003cli>End mandatory minimum sentences for nonviolent offenses\u003c/li>\n\u003cli>Establish that low-value thefts without serious injury or use of a weapon are misdemeanors\u003c/li>\n\u003cli>Provide guidance for judges considering sentencing enhancements\u003c/li>\n\u003cli>Limit gang enhancements to the most dangerous offenses\u003c/li>\n\u003cli>Retroactively apply sentence enhancements previously repealed by the Legislature\u003c/li>\n\u003cli>Equalize custody credits for people who committed the same offenses, regardless of where or when they are incarcerated\u003c/li>\n\u003cli>Clarify parole suitability standards to focus on risk of future violent or serious offenses\u003c/li>\n\u003cli> Establish judicial process for \"second look\" resentencing\u003c/li>\n\u003c/ol>\n\u003cp>\u003c/p>\n\u003cp>The commission will present the findings to the governor and lawmakers for consideration. \u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11859211/state-sentencing-commission-calls-for-overhaul-of-criminal-laws","authors":["3239"],"categories":["news_6188","news_8"],"tags":["news_2997","news_21442","news_28211","news_2688"],"featImg":"news_11859270","label":"news"},"news_10861549":{"type":"posts","id":"news_10861549","meta":{"index":"posts_1591205157","site":"news","id":"10861549","score":null,"sort":[1455242227000]},"guestAuthors":[],"slug":"states-prosecutors-oppose-gov-browns-proposal-on-sentencing-reform","title":"State's Prosecutors Oppose Gov. Brown's Proposal on Sentencing Reform","publishDate":1455242227,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>Gov. Jerry Brown enlisted a platoon of law enforcement leaders -- including San Diego District Attorney Bonnie Dumanis -- to join him when he \u003ca href=\"http://ww2.kqed.org/news/2016/01/27/Brown-Rolls-Out-Sentencing-Reform-Ballot-Measure\" target=\"_blank\">rolled out a ballot measure last month that could let thousands of state prisoners serve shorter sentences\u003c/a>.\u003c/p>\n\u003cp>But those individual voices apparently did not portend a ringing endorsement from other prosecutors across the state: On Thursday, the California District Attorneys Association's \u003ca href=\"https://www.cdaa.org/about-us/board-of-directors\" target=\"_blank\">17-member board of directors\u003c/a> voted to oppose the initiative, with just one member abstaining.\u003c/p>\n\u003cp>The CDAA represents the state's 58 district attorneys and is a political force in Sacramento. The group's opposition to Brown's ballot proposal may explain in part why he choose to go to the ballot instead of going through the state Legislature.\u003c/p>\n\u003cp>It's not clear yet what the group's opposition means for the initiative's future.\u003c/p>\n\u003cp>\"It still has to qualify,\" for the November ballot, said Sean Hoffman, the association's lobbyist. \"So at this point, the extent of our opposition remains to be seen. There are a lot of unknowns.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The governor hit back at the vote, saying in an interview with KQED News that prosecutors are essentially arguing they know what will be best for public safety decades in the future.\u003c/p>\n\u003cp>\u003cspan class=\"s1\">“\u003c/span>\u003cspan class=\"s2\">The proposition of the DA’s is, 'We know on the day we charge or on the day a judge sentences – we know everything that can occur, we know all we need to know for the next 10, 20 50 years,' \" Brown said. \"I’m saying, 'You might have had some good ideas back then, but over time men and women change.' \u003c/span>\u003c/p>\n\u003cp>\u003cspan class=\"s2\">\"Those changes should be accommodated so we can open the cells for new people who are even more dangerous. And the idea that we’re going to build more prisons to accommodate this mindless appetite for endless incarceration -- isn’t going to happen.”\u003c/span>\u003c/p>\n\u003cp>Through a spokesman, Brown also charged that the district attorneys' group has a \"\u003cspan class=\"s1\">long record of opposing sensible criminal justice reforms, and their opposition here is no exception.\"\u003c/span>\u003c/p>\n\u003cp>Brown wants voters to approve some major changes to both California's juvenile justice system and to the way people sentenced to state prison for nonviolent crimes are treated. The proposals are largely aimed at cutting California's prison population, which the state has been under federal court order to reduce since 2009.\u003c/p>\n\u003cp>Currently, many offenders receive both an underlying sentence for the crime they are being charged with and have additional years tacked on by \"enhancements\" -- for example, if there are multiple victims, if they had previously served time in prison or if they were in possession of a gun when the crime was committed.\u003c/p>\n\u003cp>Under the governor's initiative, the state's parole board would be able to consider adult offenders for parole after they serve their entire initial sentences but before they serve time tacked on by sentencing enhancements. The head of the state prison system would also have more power to award prisoners credits that could shorten their prison terms if they behave well and participate in rehabilitation programs.\u003c/p>\n\u003cp>Additionally, the proposed ballot measure would make a major change to the state’s juvenile justice system by allowing judges instead of prosecutors to decide whether a minor should be charged as an adult.\u003c/p>\n\u003cp>Hoffman said the prosecutors have several objections to the governor's proposal.\u003c/p>\n\u003cp>First, they are unhappy that Brown took an existing ballot measure solely aimed at making changes to the juvenile system -- a proposal that had already been through a public comment period -- and amended it to include the more sweeping sentencing reforms. That meant there was not an opportunity for prosecutors and others to weigh in, Hoffman said, and potentially convince the governor to make some tweaks.\u003c/p>\n\u003cp>\"This is more of a process issue, but they feel like the governor, by amending an initiative that had already been through 30-day public comment period, cut the lines (of communication),\" Hoffman said.\u003c/p>\n\u003cp>CDAA board members are also worried that the measure gives the head of the prison system too much control over issuing \"good-time\" credits, trumping past laws passed by both the Legislature and voters that mandated when criminals had to serve a certain percentage of their sentence.\u003c/p>\n\u003cp>And perhaps most important, Hoffman said, the parole eligibility changes undercut \"40 years' worth of sentencing law,\" handing enormous power to a body he said prosecutors do not trust.\u003c/p>\n\u003cp>Hoffman used the example of two people in prison for human trafficking. Both might have a 12-year underlying sentence, but the person convicted of trafficking one person might have four years added on as an enhancement, while the person convicted of trafficking six people would have 24 years added on.\u003c/p>\n\u003cp>\"The sentence isn't going to reflect the gravity of the offense,\" he said.\u003c/p>\n\u003cp>Hoffman said the district attorneys also have questions about who will be considered a \"nonviolent\" offender under the ballot measure.\u003c/p>\n\u003cp>Proponents of criminal justice reform had \u003ca href=\"http://ww2.kqed.org/news/2016/01/05/is-sentencing-reform-on-horizon\" target=\"_blank\">hoped the governor would wade into the fray this year\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp class=\"p1\">\u003cspan class=\"s1\"> \u003cem>KQED California Politics and Government Desk Senior Editor Scott Shafter contributed to this report. \u003c/em>\u003c/span>\u003c/p>\n\n","blocks":[],"excerpt":"Group representing district attorneys across the state says it's unhappy with several aspects of proposal that could cut prisoners' sentences. ","status":"publish","parent":0,"modified":1473807484,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":24,"wordCount":878},"headData":{"title":"State's Prosecutors Oppose Gov. Brown's Proposal on Sentencing Reform | KQED","description":"Group representing district attorneys across the state says it's unhappy with several aspects of proposal that could cut prisoners' sentences. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"State's Prosecutors Oppose Gov. Brown's Proposal on Sentencing Reform","datePublished":"2016-02-12T01:57:07.000Z","dateModified":"2016-09-13T22:58:04.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"10861549 http://ww2.kqed.org/news/?p=10861549","disqusUrl":"https://ww2.kqed.org/news/2016/02/11/states-prosecutors-oppose-gov-browns-proposal-on-sentencing-reform/","disqusTitle":"State's Prosecutors Oppose Gov. Brown's Proposal on Sentencing Reform","customPermalink":"2016/02/11/Prosecutors-Oppose-Brown-Sentencing-Reform/","nprStoryId":"493832025","path":"/news/10861549/states-prosecutors-oppose-gov-browns-proposal-on-sentencing-reform","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Gov. Jerry Brown enlisted a platoon of law enforcement leaders -- including San Diego District Attorney Bonnie Dumanis -- to join him when he \u003ca href=\"http://ww2.kqed.org/news/2016/01/27/Brown-Rolls-Out-Sentencing-Reform-Ballot-Measure\" target=\"_blank\">rolled out a ballot measure last month that could let thousands of state prisoners serve shorter sentences\u003c/a>.\u003c/p>\n\u003cp>But those individual voices apparently did not portend a ringing endorsement from other prosecutors across the state: On Thursday, the California District Attorneys Association's \u003ca href=\"https://www.cdaa.org/about-us/board-of-directors\" target=\"_blank\">17-member board of directors\u003c/a> voted to oppose the initiative, with just one member abstaining.\u003c/p>\n\u003cp>The CDAA represents the state's 58 district attorneys and is a political force in Sacramento. The group's opposition to Brown's ballot proposal may explain in part why he choose to go to the ballot instead of going through the state Legislature.\u003c/p>\n\u003cp>It's not clear yet what the group's opposition means for the initiative's future.\u003c/p>\n\u003cp>\"It still has to qualify,\" for the November ballot, said Sean Hoffman, the association's lobbyist. \"So at this point, the extent of our opposition remains to be seen. There are a lot of unknowns.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The governor hit back at the vote, saying in an interview with KQED News that prosecutors are essentially arguing they know what will be best for public safety decades in the future.\u003c/p>\n\u003cp>\u003cspan class=\"s1\">“\u003c/span>\u003cspan class=\"s2\">The proposition of the DA’s is, 'We know on the day we charge or on the day a judge sentences – we know everything that can occur, we know all we need to know for the next 10, 20 50 years,' \" Brown said. \"I’m saying, 'You might have had some good ideas back then, but over time men and women change.' \u003c/span>\u003c/p>\n\u003cp>\u003cspan class=\"s2\">\"Those changes should be accommodated so we can open the cells for new people who are even more dangerous. And the idea that we’re going to build more prisons to accommodate this mindless appetite for endless incarceration -- isn’t going to happen.”\u003c/span>\u003c/p>\n\u003cp>Through a spokesman, Brown also charged that the district attorneys' group has a \"\u003cspan class=\"s1\">long record of opposing sensible criminal justice reforms, and their opposition here is no exception.\"\u003c/span>\u003c/p>\n\u003cp>Brown wants voters to approve some major changes to both California's juvenile justice system and to the way people sentenced to state prison for nonviolent crimes are treated. The proposals are largely aimed at cutting California's prison population, which the state has been under federal court order to reduce since 2009.\u003c/p>\n\u003cp>Currently, many offenders receive both an underlying sentence for the crime they are being charged with and have additional years tacked on by \"enhancements\" -- for example, if there are multiple victims, if they had previously served time in prison or if they were in possession of a gun when the crime was committed.\u003c/p>\n\u003cp>Under the governor's initiative, the state's parole board would be able to consider adult offenders for parole after they serve their entire initial sentences but before they serve time tacked on by sentencing enhancements. The head of the state prison system would also have more power to award prisoners credits that could shorten their prison terms if they behave well and participate in rehabilitation programs.\u003c/p>\n\u003cp>Additionally, the proposed ballot measure would make a major change to the state’s juvenile justice system by allowing judges instead of prosecutors to decide whether a minor should be charged as an adult.\u003c/p>\n\u003cp>Hoffman said the prosecutors have several objections to the governor's proposal.\u003c/p>\n\u003cp>First, they are unhappy that Brown took an existing ballot measure solely aimed at making changes to the juvenile system -- a proposal that had already been through a public comment period -- and amended it to include the more sweeping sentencing reforms. That meant there was not an opportunity for prosecutors and others to weigh in, Hoffman said, and potentially convince the governor to make some tweaks.\u003c/p>\n\u003cp>\"This is more of a process issue, but they feel like the governor, by amending an initiative that had already been through 30-day public comment period, cut the lines (of communication),\" Hoffman said.\u003c/p>\n\u003cp>CDAA board members are also worried that the measure gives the head of the prison system too much control over issuing \"good-time\" credits, trumping past laws passed by both the Legislature and voters that mandated when criminals had to serve a certain percentage of their sentence.\u003c/p>\n\u003cp>And perhaps most important, Hoffman said, the parole eligibility changes undercut \"40 years' worth of sentencing law,\" handing enormous power to a body he said prosecutors do not trust.\u003c/p>\n\u003cp>Hoffman used the example of two people in prison for human trafficking. Both might have a 12-year underlying sentence, but the person convicted of trafficking one person might have four years added on as an enhancement, while the person convicted of trafficking six people would have 24 years added on.\u003c/p>\n\u003cp>\"The sentence isn't going to reflect the gravity of the offense,\" he said.\u003c/p>\n\u003cp>Hoffman said the district attorneys also have questions about who will be considered a \"nonviolent\" offender under the ballot measure.\u003c/p>\n\u003cp>Proponents of criminal justice reform had \u003ca href=\"http://ww2.kqed.org/news/2016/01/05/is-sentencing-reform-on-horizon\" target=\"_blank\">hoped the governor would wade into the fray this year\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp class=\"p1\">\u003cspan class=\"s1\"> \u003cem>KQED California Politics and Government Desk Senior Editor Scott Shafter contributed to this report. \u003c/em>\u003c/span>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10861549/states-prosecutors-oppose-gov-browns-proposal-on-sentencing-reform","authors":["3239"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_30","news_1471","news_18418","news_2688","news_17286","news_17041"],"featImg":"news_10846782","label":"news_72"},"news_10848873":{"type":"posts","id":"news_10848873","meta":{"index":"posts_1591205157","site":"news","id":"10848873","score":null,"sort":[1454103727000]},"guestAuthors":[],"slug":"california-politics-podcast-prison-reform-democratic-politics","title":"California Politics Podcast: Prison Reform, Democratic Politics","publishDate":1454103727,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>This week, KQED's Marisa Lagos talks about Gov. Jerry Brown's plan to change California's sentencing structure -- and hopefully reduce the prison population -- with Los Angeles Times host \u003ca href=\"http://www.latimes.com/la-bio-john-myers-staff.html\" target=\"_blank\">John Myers\u003c/a> and \u003ca href=\"https://twitter.com/anthonyyork49\" target=\"_blank\">Anthony York\u003c/a> of the Grizzly Bear Project. Also on tap: what Sen. Marty Block's decision not to seek re-election means for Assembly Speaker Toni Atkins, and the \u003ca href=\"http://ww2.kqed.org/news/2016/01/22/turmoil-at-coastal-commission-worries-environmentalists\" target=\"_blank\">ongoing drama at the California Coastal Commission\u003c/a>.\u003c/p>\n\u003cp>Tune in!\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/244371678\" params=\"auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false&visual=true\" width=\"100%\" height='450' iframe=\"true\" /]\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"This week's California Politics Podcast focuses on the governor's new sentencing proposal. ","status":"publish","parent":0,"modified":1454107961,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":5,"wordCount":105},"headData":{"title":"California Politics Podcast: Prison Reform, Democratic Politics | KQED","description":"This week's California Politics Podcast focuses on the governor's new sentencing proposal. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"California Politics Podcast: Prison Reform, Democratic Politics","datePublished":"2016-01-29T21:42:07.000Z","dateModified":"2016-01-29T22:52:41.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"10848873 http://ww2.kqed.org/news/?p=10848873","disqusUrl":"https://ww2.kqed.org/news/2016/01/29/california-politics-podcast-prison-reform-democratic-politics/","disqusTitle":"California Politics Podcast: Prison Reform, Democratic Politics","customPermalink":"2016/01/29/Podcast-Tackles-Sentencing-Reform/","nprStoryId":"464902263","path":"/news/10848873/california-politics-podcast-prison-reform-democratic-politics","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>This week, KQED's Marisa Lagos talks about Gov. Jerry Brown's plan to change California's sentencing structure -- and hopefully reduce the prison population -- with Los Angeles Times host \u003ca href=\"http://www.latimes.com/la-bio-john-myers-staff.html\" target=\"_blank\">John Myers\u003c/a> and \u003ca href=\"https://twitter.com/anthonyyork49\" target=\"_blank\">Anthony York\u003c/a> of the Grizzly Bear Project. Also on tap: what Sen. Marty Block's decision not to seek re-election means for Assembly Speaker Toni Atkins, and the \u003ca href=\"http://ww2.kqed.org/news/2016/01/22/turmoil-at-coastal-commission-worries-environmentalists\" target=\"_blank\">ongoing drama at the California Coastal Commission\u003c/a>.\u003c/p>\n\u003cp>Tune in!\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='450'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/244371678&visual=true&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false&visual=true'\n title='https://api.soundcloud.com/tracks/244371678'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10848873/california-politics-podcast-prison-reform-democratic-politics","authors":["3239"],"programs":["news_6944","news_72"],"categories":["news_19906","news_6188","news_8","news_13","news_17793"],"tags":["news_176","news_30","news_2688"],"featImg":"news_10848906","label":"news_72"},"news_10803142":{"type":"posts","id":"news_10803142","meta":{"index":"posts_1591205157","site":"news","id":"10803142","score":null,"sort":[1452045669000]},"guestAuthors":[],"slug":"advocates-see-hope-for-california-criminal-sentencing-reform-in-2016","title":"Advocates See Hope for California Criminal Sentencing Reform in 2016","publishDate":1452045669,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>It's been a dramatic few years for California's criminal justice system -- voters and lawmakers have approved a slew of changes since 2011, including measures that \u003ca href=\"https://ballotpedia.org/California_Proposition_36,_Changes_in_the_%22Three_Strikes%22_Law_(2012)\" target=\"_blank\">softened the state's harsh three strikes law\u003c/a> and \u003ca href=\"http://ww2.kqed.org/news/2015/08/22/proposition-47-gives-former-felons-a-new-chance\" target=\"_blank\">shrunk penalties for nonviolent crimes\u003c/a>.\u003c/p>\n\u003cp>Now, advocates pushing those types of reforms are hoping that recent comments by Gov. Jerry Brown have opened the door to even more sweeping changes. They're optimistic that state leaders may be willing to rethink California's entire criminal sentencing structure, which last underwent an overhaul when Brown was in the statehouse three decades ago.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/240663276\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>Adam Kruggel is director of organizing for \u003ca href=\"http://www.picocalifornia.org/\" target=\"_blank\">PICO California\u003c/a>, an interfaith network that helped push 2015's \u003ca href=\"https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Initiative_(2014)\" target=\"_blank\">Proposition 47\u003c/a>, which made most nonviolent drug crimes misdemeanors instead of felonies and has helped shrink jail populations around the state. He said faith leaders hope 2016 will be a \"year of mercy\" in the Golden State.\u003c/p>\n\u003cp>[contextly_sidebar id=\"3XNMs8up0s87XxykA1TVo6SaNIObisx4\"]\u003c/p>\n\u003cp>\"I\u003cspan style=\"font-weight: 400\"> think we are seeing an unprecedented shift in public opinion and the willingness to shift the landscape of criminal justice,\" Kruggel said. \"W\u003c/span>e think we really need to re-evaluate what is the purpose of our criminal justice system, what is the purpose of sentencing. And it should be public safety, and it should at its heart focus on the restoration of community, the restoration of the victim and the restoration of the offender.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp class=\"p1\">Brown pushed a policy known as prison realignment in 2011, a major change that shifted many nonviolent offenders' sentences from overcrowded state prisons to county jails.\u003c/p>\n\u003cp>Kruggel said advocates of reform have hope not only because of Brown's leadership in 2011, but also because of the governor's rhetoric over the past year -- first in his State of the State address, then this fall in several messages accompanying his veto of bills that sought to create new crimes.\u003c/p>\n\u003cfigure id=\"attachment_10803171\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10803171\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/8309_transform-800x557.jpg\" alt=\"Jerry Brown has indicated he would be willing to rethink the state's sentencing law. \" width=\"800\" height=\"557\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/12/8309_transform-800x557.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/8309_transform-400x278.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/8309_transform-768x534.jpg 768w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/8309_transform-1440x1002.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/8309_transform.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/8309_transform-1180x821.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/8309_transform-960x668.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Jerry Brown has indicated he would be willing to rethink the state's sentencing law. \u003ccite>(Kevork Djansezian/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"Over the last several decades, California's criminal code has grown to more than 5,000 separate provisions, covering almost every conceivable form of human misbehavior. During the same period, our jail and prison populations have exploded,\" the governor wrote in \u003ca href=\"https://www.gov.ca.gov/docs/SB_347_Veto_Message.pdf\" target=\"_blank\">an Oct. 3 veto message\u003c/a>.\u003c/p>\n\u003cp>\"Before we keep going down this road, I think we should pause and reflect on how our system of criminal justice could be made more human, more just and more cost-effective.\"\u003c/p>\n\u003cp>But what exactly that means would be largely up to lawmakers and voters.\u003c/p>\n\u003cp>Brown was governor the last time the state made \u003cspan style=\"font-weight: 400\">major changes to the way it handed down punishment for criminal offenders. In 1977, California enacted \"\u003ca href=\"http://www.cdcr.ca.gov/victim_services/sentencing.html\" target=\"_blank\">determinate sentencing\u003c/a>,\" offering \u003c/span>\u003cspan style=\"font-weight: 400\">judges three options for each crime -- a low, medium or high number of years.\u003c/span>\u003c/p>\n\u003cp>It was seen at the time as a way to make things more transparent and fair, says Barry Krisberg, a criminal justice expert and visiting scholar at UC Berkeley's Institute for the Study of Societal Issues.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I think we should pause and reflect on how our system of criminal justice could be made more human, more just and more cost-effective.'\u003ccite>Gov. Jerry Brown\u003c/cite>\u003c/aside>\n\u003cp>At the time, sentences were so broad that victims and offenders left the courtroom with no idea of how long someone would actually serve -- that decision was left up to a parole board, Krisberg says.\u003c/p>\n\u003cp>\"The typical sentence back then was a minimum term to a life sentence,\" he said. \"There was a lot of concern as to the arbitrary and capricious nature of those parole board hearings.”\u003c/p>\n\u003cp>But since then, the Legislature and voters piled on enhancements -- tougher penalties that allow a prosecutor to seek more prison time for each crime, Krisberg said.\u003c/p>\n\u003cp>That has left district attorneys with a lot of power to pressure defendants into plea deals, he argued.\u003c/p>\n\u003cp>\"Ninety-five percent of cases are resolved through plea bargains. The television drama where the person is convicted in a courtroom and a judge pronounces a sentence is pretty rare,\" Krisberg said. \"The big trend here has been a significant and dramatic increase in the power of district attorneys in the system.”\u003c/p>\n\u003cp>That’s what happened to Tamisha Walker, who pleaded guilty to arson in 2007. The plea left her with a strike on her record and a felony that made it impossible to find traditional work -- but Walker says she felt forced to take the plea deal.\u003c/p>\n\u003cp>[contextly_sidebar id=\"qhPJWiZjT8fKzIskXr6vbp8MlPsF10vk\"]\u003c/p>\n\u003cp>\"I felt like I had a good chance of beating the charges,\" she said. But then her public defender told her the minimum term for the charge was 10 years. “And I was like, if that’s the minimum, hell, what’s the maximum -- this is the first offense here? It was really scary.”\u003c/p>\n\u003cp>Now Walker works at a faith-based organization in Contra Costa, working to improve life for people like her who used to be behind bars.\u003c/p>\n\u003cp>Activists like her hope 2016 might be the year that Sacramento is finally ready to rethink those harsh minimums -- particularly because \u003cspan style=\"font-weight: 400\">one of the state’s major determinate sentencing laws expires in 2017.\u003c/span>\u003c/p>\n\u003cp>Most prosecutors don’t think the sentencing system \u003cspan style=\"font-weight: 400\">needs\u003c/span>\u003cspan style=\"font-weight: 400\"> an overhaul but they’re open to the conversation, said Patrick McGrath, president of the California District Attorneys Association.\u003c/span>\u003c/p>\n\u003cp>\"If you’re not at the table, you are on the menu,\" McGrath said in explaining the position of prosecutors.\u003c/p>\n\u003cp>DAs may not like all the criminal justice changes of recent years, but McGrath said they have to follow the law, and need to listen to what the public -- their client -- is saying.\u003c/p>\n\u003cp>\"Things go back and forth like a pendulum, and right now our client seems to be saying what they want to do is they want to emphasize rehabilitation, and they want to move away from punishment,\" he said. \"I don't think I can really classify it as good or bad. It is what it is.\"\u003c/p>\n\u003cp>Exactly what any reform would look like is still up for debate. Even if there’s support in the Legislature, many sentencing enhancements would need to be changed by voters.\u003c/p>\n\u003cp>Krisberg said the best way to ensure a fair, smart sentencing structure would be to create a sentencing commission -- something that, in the past, prosecutors have fought bitterly.\u003c/p>\n\u003cp>The more likely scenario, Krisberg says, is incremental changes like the ones we’ve already seen at the Capitol and ballot box.\u003c/p>\n\u003cp>\"I think the most important thing for me is moving back towards a system of sentencing people, not penal code numbers.\"\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>But, he warned, it remains to be seen whether lawmakers are willing to do even that.\u003c/p>\n\n","blocks":[],"excerpt":"Supporters of criminal justice reform think 2016 is the time for changes to criminal sentencing laws.","status":"publish","parent":0,"modified":1452106199,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":33,"wordCount":1170},"headData":{"title":"Advocates See Hope for California Criminal Sentencing Reform in 2016 | KQED","description":"Supporters of criminal justice reform think 2016 is the time for changes to criminal sentencing laws.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Advocates See Hope for California Criminal Sentencing Reform in 2016","datePublished":"2016-01-06T02:01:09.000Z","dateModified":"2016-01-06T18:49:59.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"10803142 http://ww2.kqed.org/news/?p=10803142","disqusUrl":"https://ww2.kqed.org/news/2016/01/05/advocates-see-hope-for-california-criminal-sentencing-reform-in-2016/","disqusTitle":"Advocates See Hope for California Criminal Sentencing Reform in 2016","customPermalink":"2016/01/05/is-sentencing-reform-on-horizon/","path":"/news/10803142/advocates-see-hope-for-california-criminal-sentencing-reform-in-2016","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>It's been a dramatic few years for California's criminal justice system -- voters and lawmakers have approved a slew of changes since 2011, including measures that \u003ca href=\"https://ballotpedia.org/California_Proposition_36,_Changes_in_the_%22Three_Strikes%22_Law_(2012)\" target=\"_blank\">softened the state's harsh three strikes law\u003c/a> and \u003ca href=\"http://ww2.kqed.org/news/2015/08/22/proposition-47-gives-former-felons-a-new-chance\" target=\"_blank\">shrunk penalties for nonviolent crimes\u003c/a>.\u003c/p>\n\u003cp>Now, advocates pushing those types of reforms are hoping that recent comments by Gov. Jerry Brown have opened the door to even more sweeping changes. They're optimistic that state leaders may be willing to rethink California's entire criminal sentencing structure, which last underwent an overhaul when Brown was in the statehouse three decades ago.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/240663276&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/240663276'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Adam Kruggel is director of organizing for \u003ca href=\"http://www.picocalifornia.org/\" target=\"_blank\">PICO California\u003c/a>, an interfaith network that helped push 2015's \u003ca href=\"https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Initiative_(2014)\" target=\"_blank\">Proposition 47\u003c/a>, which made most nonviolent drug crimes misdemeanors instead of felonies and has helped shrink jail populations around the state. He said faith leaders hope 2016 will be a \"year of mercy\" in the Golden State.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"I\u003cspan style=\"font-weight: 400\"> think we are seeing an unprecedented shift in public opinion and the willingness to shift the landscape of criminal justice,\" Kruggel said. \"W\u003c/span>e think we really need to re-evaluate what is the purpose of our criminal justice system, what is the purpose of sentencing. And it should be public safety, and it should at its heart focus on the restoration of community, the restoration of the victim and the restoration of the offender.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp class=\"p1\">Brown pushed a policy known as prison realignment in 2011, a major change that shifted many nonviolent offenders' sentences from overcrowded state prisons to county jails.\u003c/p>\n\u003cp>Kruggel said advocates of reform have hope not only because of Brown's leadership in 2011, but also because of the governor's rhetoric over the past year -- first in his State of the State address, then this fall in several messages accompanying his veto of bills that sought to create new crimes.\u003c/p>\n\u003cfigure id=\"attachment_10803171\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-10803171\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/12/8309_transform-800x557.jpg\" alt=\"Jerry Brown has indicated he would be willing to rethink the state's sentencing law. \" width=\"800\" height=\"557\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/12/8309_transform-800x557.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/8309_transform-400x278.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/8309_transform-768x534.jpg 768w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/8309_transform-1440x1002.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/8309_transform.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/8309_transform-1180x821.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/12/8309_transform-960x668.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Jerry Brown has indicated he would be willing to rethink the state's sentencing law. \u003ccite>(Kevork Djansezian/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"Over the last several decades, California's criminal code has grown to more than 5,000 separate provisions, covering almost every conceivable form of human misbehavior. During the same period, our jail and prison populations have exploded,\" the governor wrote in \u003ca href=\"https://www.gov.ca.gov/docs/SB_347_Veto_Message.pdf\" target=\"_blank\">an Oct. 3 veto message\u003c/a>.\u003c/p>\n\u003cp>\"Before we keep going down this road, I think we should pause and reflect on how our system of criminal justice could be made more human, more just and more cost-effective.\"\u003c/p>\n\u003cp>But what exactly that means would be largely up to lawmakers and voters.\u003c/p>\n\u003cp>Brown was governor the last time the state made \u003cspan style=\"font-weight: 400\">major changes to the way it handed down punishment for criminal offenders. In 1977, California enacted \"\u003ca href=\"http://www.cdcr.ca.gov/victim_services/sentencing.html\" target=\"_blank\">determinate sentencing\u003c/a>,\" offering \u003c/span>\u003cspan style=\"font-weight: 400\">judges three options for each crime -- a low, medium or high number of years.\u003c/span>\u003c/p>\n\u003cp>It was seen at the time as a way to make things more transparent and fair, says Barry Krisberg, a criminal justice expert and visiting scholar at UC Berkeley's Institute for the Study of Societal Issues.\u003c/p>\n\u003caside class=\"pullquote alignright\">'I think we should pause and reflect on how our system of criminal justice could be made more human, more just and more cost-effective.'\u003ccite>Gov. Jerry Brown\u003c/cite>\u003c/aside>\n\u003cp>At the time, sentences were so broad that victims and offenders left the courtroom with no idea of how long someone would actually serve -- that decision was left up to a parole board, Krisberg says.\u003c/p>\n\u003cp>\"The typical sentence back then was a minimum term to a life sentence,\" he said. \"There was a lot of concern as to the arbitrary and capricious nature of those parole board hearings.”\u003c/p>\n\u003cp>But since then, the Legislature and voters piled on enhancements -- tougher penalties that allow a prosecutor to seek more prison time for each crime, Krisberg said.\u003c/p>\n\u003cp>That has left district attorneys with a lot of power to pressure defendants into plea deals, he argued.\u003c/p>\n\u003cp>\"Ninety-five percent of cases are resolved through plea bargains. The television drama where the person is convicted in a courtroom and a judge pronounces a sentence is pretty rare,\" Krisberg said. \"The big trend here has been a significant and dramatic increase in the power of district attorneys in the system.”\u003c/p>\n\u003cp>That’s what happened to Tamisha Walker, who pleaded guilty to arson in 2007. The plea left her with a strike on her record and a felony that made it impossible to find traditional work -- but Walker says she felt forced to take the plea deal.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>\"I felt like I had a good chance of beating the charges,\" she said. But then her public defender told her the minimum term for the charge was 10 years. “And I was like, if that’s the minimum, hell, what’s the maximum -- this is the first offense here? It was really scary.”\u003c/p>\n\u003cp>Now Walker works at a faith-based organization in Contra Costa, working to improve life for people like her who used to be behind bars.\u003c/p>\n\u003cp>Activists like her hope 2016 might be the year that Sacramento is finally ready to rethink those harsh minimums -- particularly because \u003cspan style=\"font-weight: 400\">one of the state’s major determinate sentencing laws expires in 2017.\u003c/span>\u003c/p>\n\u003cp>Most prosecutors don’t think the sentencing system \u003cspan style=\"font-weight: 400\">needs\u003c/span>\u003cspan style=\"font-weight: 400\"> an overhaul but they’re open to the conversation, said Patrick McGrath, president of the California District Attorneys Association.\u003c/span>\u003c/p>\n\u003cp>\"If you’re not at the table, you are on the menu,\" McGrath said in explaining the position of prosecutors.\u003c/p>\n\u003cp>DAs may not like all the criminal justice changes of recent years, but McGrath said they have to follow the law, and need to listen to what the public -- their client -- is saying.\u003c/p>\n\u003cp>\"Things go back and forth like a pendulum, and right now our client seems to be saying what they want to do is they want to emphasize rehabilitation, and they want to move away from punishment,\" he said. \"I don't think I can really classify it as good or bad. It is what it is.\"\u003c/p>\n\u003cp>Exactly what any reform would look like is still up for debate. Even if there’s support in the Legislature, many sentencing enhancements would need to be changed by voters.\u003c/p>\n\u003cp>Krisberg said the best way to ensure a fair, smart sentencing structure would be to create a sentencing commission -- something that, in the past, prosecutors have fought bitterly.\u003c/p>\n\u003cp>The more likely scenario, Krisberg says, is incremental changes like the ones we’ve already seen at the Capitol and ballot box.\u003c/p>\n\u003cp>\"I think the most important thing for me is moving back towards a system of sentencing people, not penal code numbers.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>But, he warned, it remains to be seen whether lawmakers are willing to do even that.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10803142/advocates-see-hope-for-california-criminal-sentencing-reform-in-2016","authors":["3239"],"programs":["news_6944","news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_17825","news_17725","news_30","news_2688","news_17286","news_17041"],"featImg":"news_10822608","label":"news_72"},"news_10341479":{"type":"posts","id":"news_10341479","meta":{"index":"posts_1591205157","site":"news","id":"10341479","score":null,"sort":[1393954158000]},"guestAuthors":[],"slug":"new-legislation-reconsiders-juvenile-sentencing-and-placement","title":"New Legislation Reconsiders Juvenile Sentencing and Placement","publishDate":1393954158,"format":"image","headTitle":"The California Report | KQED News","labelTerm":{"term":72,"site":"news"},"content":"\u003cp>http://www.kqed.org/.stream/anon/radio/tcr/2014/03/2014-03-04a-tcr.mp3\u003c/p>\n\u003cp>Early on a Sunday morning, 10-year-old Joseph Hall slipped out of bed, took a loaded revolver from his parents’ bedroom and crept downstairs, where his father lay sleeping.\u003c/p>\n\u003cp>“He knew where the guns were kept. The guns were unlocked,” says Ambrosio Rodriguez, the former Riverside County prosecutor originally assigned to the case.\u003c/p>\n\u003cp>The boy’s father, Jeff Hall, was a rising star in the neo-Nazi movement. The elder Hall taught his son how to shoot. In a videotaped interview with detectives, the boy says he stood over his father and aimed the revolver at his head. The weapon was so heavy he said he needed two fingers to squeeze the trigger.\u003c/p>\n\u003cp>“It goes off, and he does what any kid does when he’s done something bad and they’ve made a mess. He ran upstairs, got under the covers and pretended to be asleep,” recalls Rodriguez, now in private practice.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Joseph told police he’d grown weary of his father’s physical and verbal abuse and his infidelity to his stepmother. Rodriguez says further investigation revealed a child beset with challenges: a severe learning disability, a history of violent outbursts, school expulsions and parents ill-equipped to cope.\u003c/p>\n\u003cp>“His (birth) mother was so bad that she lost all her parental rights to an underemployed Nazi plumber,” says Rodriguez. “The defense was willing to plea to something other than first-degree murder. You know, I wanted to be just as involved with Joseph’s recovery.”\u003c/p>\n\u003cp>There would be no plea deal. Instead the case was reassigned to another prosecutor, and the D.A.’s office pushed the case to trial. The boy was eventually found “responsible” for the killing, which is the equivalent of a guilty verdict in adult court.\u003c/p>\n\u003cp>The judge gave Joseph the maximum sentence for a killer his age: up to 10 years in California’s \u003ca href=\"http://www.cdcr.ca.gov/Juvenile_Justice/\" target=\"_blank\">juvenile detention system\u003c/a>, even though the boy’s public defender had secured a place for Joseph in a private, out-of-state holding facility, where his behavioral and psychological needs could be better addressed.\u003c/p>\n\u003cp>“In Joseph’s case, evidence of this abuse did come out in the trial phase. But how was it weighed?” says Punam Grewal, Joseph Hall’s new attorney.\u003c/p>\n\u003cp>She is asking the court to reopen the sentencing hearing to allow new evidence of Joseph’s disabilities and abusive upbringing.\u003c/p>\n\u003cp>“Had Joseph been an adult, the evidence of the abuse against the adult that the spouse was extremely verbally abusive, mentally abusive, physically abusive, would have come in to mitigate the sentence or as a complete defense,” says Grewal. “In the same way that we weigh the evidence of abuse in a battered-woman’s-syndrome type of defense. We don’t have that for children.”\u003c/p>\n\u003cp>But that could change under a proposal from Democratic state Sen. Leland Yee of San Mateo. If passed it could make it easier for young offenders like Joseph Hall to be held in alternative settings outside state juvenile lockups, by requiring judges to put more consideration into a child’s personal history of abuse and neglect.\u003c/p>\n\u003cp>“So this no longer becomes an option (for the judge). And I’m not talking about letting Joseph Hall off scot-free. I’m saying that at least sentence him on the condition that he get some treatment and get some help,” says Yee.\u003c/p>\n\u003cp>If juvenile offenders prone to violence and with deep psychological and developmental challenges do not get that treatment, they often stay “frozen in time,” according to University of South Florida criminologist Kathleen Heide. She is a leading expert on children who kill and what becomes of them after they are convicted and sentenced.\u003c/p>\n\u003cp>“I’ve had cases where I go back and 20 years have passed, but they are still developmentally at the age of 15 or 17,” Heide says. “And if that’s not dealt with, we could have another incidence of lethal violence.”\u003c/p>\n\u003cp>Heide says more and more states are re-examining \u003ca href=\"http://casi.cjcj.org/Juvenile/2012\" target=\"_blank\">juvenile sentencing\u003c/a> and placement schemes. In 2005 the U.S. Supreme Court ruled that the use of the death penalty for juvenile offenders under the age of 18 was unconstitutional. It later made a similar ruling regarding mandatory life sentences.\u003c/p>\n\u003cp>“If the justices of the Supreme Court are recognizing that sentencing structures ought to be different for juveniles based on their developmental maturity, then the states need to look at this,” Heide says.\u003c/p>\n\u003cp>“So, in the case of California, I think it’s appropriate to be looking at this, and hold at least the hope for these kids that they can be released at some point.”\u003c/p>\n\u003cp>Even some advocates for victims of juvenile crimes approve of legislation like Yee’s. Phyllis Loya is with the National Organization of Victims of Juvenile Lifers, an advocacy group based in Minnesota. While generally supportive, she also worries that an overemphasis on a juvenile offender’s troubled past could be used as a get-out-of-jail-free card when serious crimes are committed.\u003c/p>\n\u003cp>“So I think it’s wise to let the judge considerate it, but not mandate what weight they should give it,” Loya says. “Or that it should result in a certain reduction to the sentence.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As for the now 13-year-old killer who inspired Yee’s pending state legislation; Joseph Hall will remain in juvenile detention until the age of 23. He could be eligible for parole in seven years.\u003c/p>\n\n","blocks":[],"excerpt":"Case of 10-year-old with history of abuse who killed neo-Nazi father spurs attempt to change law.","status":"publish","parent":0,"modified":1412192055,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":980},"headData":{"title":"New Legislation Reconsiders Juvenile Sentencing and Placement | KQED","description":"Case of 10-year-old with history of abuse who killed neo-Nazi father spurs attempt to change law.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"New Legislation Reconsiders Juvenile Sentencing and Placement","datePublished":"2014-03-04T17:29:18.000Z","dateModified":"2014-10-01T19:34:15.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"10341479 http://ww2.kqed.org/news/?p=10141479","disqusUrl":"https://ww2.kqed.org/news/2014/03/04/new-legislation-reconsiders-juvenile-sentencing-and-placement/","disqusTitle":"New Legislation Reconsiders Juvenile Sentencing and Placement","path":"/news/10341479/new-legislation-reconsiders-juvenile-sentencing-and-placement","audioUrl":"http://www.kqed.org/.stream/anon/radio/tcr/2014/03/2014-03-04a-tcr.mp3","audioDuration":null,"audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>http://www.kqed.org/.stream/anon/radio/tcr/2014/03/2014-03-04a-tcr.mp3\u003c/p>\n\u003cp>Early on a Sunday morning, 10-year-old Joseph Hall slipped out of bed, took a loaded revolver from his parents’ bedroom and crept downstairs, where his father lay sleeping.\u003c/p>\n\u003cp>“He knew where the guns were kept. The guns were unlocked,” says Ambrosio Rodriguez, the former Riverside County prosecutor originally assigned to the case.\u003c/p>\n\u003cp>The boy’s father, Jeff Hall, was a rising star in the neo-Nazi movement. The elder Hall taught his son how to shoot. In a videotaped interview with detectives, the boy says he stood over his father and aimed the revolver at his head. The weapon was so heavy he said he needed two fingers to squeeze the trigger.\u003c/p>\n\u003cp>“It goes off, and he does what any kid does when he’s done something bad and they’ve made a mess. He ran upstairs, got under the covers and pretended to be asleep,” recalls Rodriguez, now in private practice.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Joseph told police he’d grown weary of his father’s physical and verbal abuse and his infidelity to his stepmother. Rodriguez says further investigation revealed a child beset with challenges: a severe learning disability, a history of violent outbursts, school expulsions and parents ill-equipped to cope.\u003c/p>\n\u003cp>“His (birth) mother was so bad that she lost all her parental rights to an underemployed Nazi plumber,” says Rodriguez. “The defense was willing to plea to something other than first-degree murder. You know, I wanted to be just as involved with Joseph’s recovery.”\u003c/p>\n\u003cp>There would be no plea deal. Instead the case was reassigned to another prosecutor, and the D.A.’s office pushed the case to trial. The boy was eventually found “responsible” for the killing, which is the equivalent of a guilty verdict in adult court.\u003c/p>\n\u003cp>The judge gave Joseph the maximum sentence for a killer his age: up to 10 years in California’s \u003ca href=\"http://www.cdcr.ca.gov/Juvenile_Justice/\" target=\"_blank\">juvenile detention system\u003c/a>, even though the boy’s public defender had secured a place for Joseph in a private, out-of-state holding facility, where his behavioral and psychological needs could be better addressed.\u003c/p>\n\u003cp>“In Joseph’s case, evidence of this abuse did come out in the trial phase. But how was it weighed?” says Punam Grewal, Joseph Hall’s new attorney.\u003c/p>\n\u003cp>She is asking the court to reopen the sentencing hearing to allow new evidence of Joseph’s disabilities and abusive upbringing.\u003c/p>\n\u003cp>“Had Joseph been an adult, the evidence of the abuse against the adult that the spouse was extremely verbally abusive, mentally abusive, physically abusive, would have come in to mitigate the sentence or as a complete defense,” says Grewal. “In the same way that we weigh the evidence of abuse in a battered-woman’s-syndrome type of defense. We don’t have that for children.”\u003c/p>\n\u003cp>But that could change under a proposal from Democratic state Sen. Leland Yee of San Mateo. If passed it could make it easier for young offenders like Joseph Hall to be held in alternative settings outside state juvenile lockups, by requiring judges to put more consideration into a child’s personal history of abuse and neglect.\u003c/p>\n\u003cp>“So this no longer becomes an option (for the judge). And I’m not talking about letting Joseph Hall off scot-free. I’m saying that at least sentence him on the condition that he get some treatment and get some help,” says Yee.\u003c/p>\n\u003cp>If juvenile offenders prone to violence and with deep psychological and developmental challenges do not get that treatment, they often stay “frozen in time,” according to University of South Florida criminologist Kathleen Heide. She is a leading expert on children who kill and what becomes of them after they are convicted and sentenced.\u003c/p>\n\u003cp>“I’ve had cases where I go back and 20 years have passed, but they are still developmentally at the age of 15 or 17,” Heide says. “And if that’s not dealt with, we could have another incidence of lethal violence.”\u003c/p>\n\u003cp>Heide says more and more states are re-examining \u003ca href=\"http://casi.cjcj.org/Juvenile/2012\" target=\"_blank\">juvenile sentencing\u003c/a> and placement schemes. In 2005 the U.S. Supreme Court ruled that the use of the death penalty for juvenile offenders under the age of 18 was unconstitutional. It later made a similar ruling regarding mandatory life sentences.\u003c/p>\n\u003cp>“If the justices of the Supreme Court are recognizing that sentencing structures ought to be different for juveniles based on their developmental maturity, then the states need to look at this,” Heide says.\u003c/p>\n\u003cp>“So, in the case of California, I think it’s appropriate to be looking at this, and hold at least the hope for these kids that they can be released at some point.”\u003c/p>\n\u003cp>Even some advocates for victims of juvenile crimes approve of legislation like Yee’s. Phyllis Loya is with the National Organization of Victims of Juvenile Lifers, an advocacy group based in Minnesota. While generally supportive, she also worries that an overemphasis on a juvenile offender’s troubled past could be used as a get-out-of-jail-free card when serious crimes are committed.\u003c/p>\n\u003cp>“So I think it’s wise to let the judge considerate it, but not mandate what weight they should give it,” Loya says. “Or that it should result in a certain reduction to the sentence.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>As for the now 13-year-old killer who inspired Yee’s pending state legislation; Joseph Hall will remain in juvenile detention until the age of 23. He could be eligible for parole in seven years.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/10341479/new-legislation-reconsiders-juvenile-sentencing-and-placement","authors":["2600"],"programs":["news_72"],"categories":["news_6188","news_8","news_13"],"tags":["news_1107","news_139","news_2688"],"featImg":"news_10341481","label":"news_72"},"news_106490":{"type":"posts","id":"news_106490","meta":{"index":"posts_1591205157","site":"news","id":"106490","score":null,"sort":[1376344255000]},"guestAuthors":[],"slug":"eric-holder-in-san-francisco-to-announce-relaxing-of-mandatory-minimum-sentences","title":"Holder Calls For Less Severe Drug Sentencing; Gascón Looking at Making 'Simple Drug Possession' a Misdemeanor","publishDate":1376344255,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>WASHINGTON (AP and KQED) — With the U.S. facing massive overcrowding in its prisons, Attorney General Eric Holder called Monday for major changes to the nation's criminal justice system that would scale back the use of harsh sentences for certain drug-related crimes.\u003c/p>\n\u003cfigure id=\"attachment_106498\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-106498 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/08/ericholder.jpg-300x200.jpg\" alt=\"FILE PHOTO: Eric Holder in 2013 (BRENDAN SMIALOWSKI/AFP/Getty Images)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">FILE PHOTO: Eric Holder in 2013 (Brendan Smialowski/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>In remarks to the American Bar Association in San Francisco, Holder said he also favors diverting people convicted of low-level offenses to drug treatment and community service programs and expanding a prison program to allow for release of some elderly, nonviolent offenders.\u003c/p>\n\u003cp>\"We need to ensure that incarceration is used to punish, deter and rehabilitate — not merely to convict, warehouse and forget,\" Holder said.\u003c/p>\n\u003cp>In one important change, the attorney general said he's altering Justice Department policy so that low-level, nonviolent drug offenders with no ties to large-scale organizations, gangs or cartels won't be charged with offenses that impose mandatory minimum sentences.\u003c/p>\n\u003cp>Mandatory minimum prison sentences, a product of the government's war on drugs that began in the 1980s, limit the discretion of judges to impose shorter prison sentences.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.youtube.com/watch?v=oteyZs8Yvv4\" target=\"_blank\">Full speech: Eric Holder speaks to American Bar Association in San Francisco\u003c/a>\u003c/em>\u003c/p>\n\u003cdiv style=\"text-align: center\">[youtube http://www.youtube.com/watch?v=oteyZs8Yvv4]\u003c/div>\n\u003cp> \u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>Under the changed policy, the attorney general said defendants will be charged with offenses for which accompanying sentences \"are better suited to their individual conduct, rather than excessive prison terms more appropriate for violent criminals or drug kingpins.\"\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón said today at a press conference after Holder's address that \"arguably you could say that the federal government is following the San Francisco model.” Gascón said San Francisco has lowered the number of drug prosecutions by 69 percent, increasing the use of diversion programs and community-based supervision instead.\u003c/p>\n\u003cp>Gascón said he was \"looking at the possibility of actually going through the initiative systems for 2014 and exploring the possibility of making all simple possessions of drugs a misdemeanor. That would automatically reduce the sentencing to one year. I think it’s the right thing to do. “\u003c/p>\n\u003caside class=\"pullquote alignleft\">I think it’s the right thing to do.\"\n\u003cp>--SF DA Gascón on possibility of making some cases of drug possession a misdemeanor\u003c/p>\n\u003c/aside>\n\u003cp>Holder's comments also drew bipartisan support on Capitol Hill.\u003c/p>\n\u003cp>Sen. Rand Paul, R-Ky., said he is encouraged by the Obama administration's view that mandatory minimum sentences for nonviolent offenders promote injustice and do not serve public safety. Paul and Senate Judiciary Committee chairman Patrick Leahy, D-Vt., introduced legislation in March to grant federal judges greater flexibility in sentencing all crimes where a mandatory minimum punishment is considered unnecessary. Leahy commended Holder for his efforts on the issue and said his committee will hold a hearing on the bill next month.\u003c/p>\n\u003cp>Sen. Dick Durbin, D-Ill., the No.2 Democrat in the Senate, said he looks forward to working on the issue with Holder and senators on both sides of the aisle who support change.\u003c/p>\n\u003cp>The impact of Holder's initiative on mandatory minimum sentences could be significant, said Marc Mauer, executive director of the Sentencing Project, a nonprofit group involved in research and policy reform of the criminal justice system.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://ww2.kqed.org/news/2013/08/12/eric-holder-mandatory-minimum-sentencing/#aba\" target=\"_blank\">ABA Tweets of Holder's speech\u003c/a>\u003c/aside>\n\u003cp>There are roughly 25,000 drug convictions in federal court each year, and 45 percent of those are for lower-level offenses such as street-level dealers and couriers and people who deliver drugs, said Mauer.\u003c/p>\n\u003cp>The unanswered question is how each of the 94 U.S. Attorney offices around the country will implement changes, given the authority of prosecutors to exercise discretion in how they handle their criminal cases.\u003c/p>\n\u003cp>African-Americans and Hispanics likely would benefit the most from a change. African-Americans account for about 30 percent of federal drug convictions each year and Hispanics account for 40 percent, according to Mauer.\u003c/p>\n\u003cp>If state policymakers were to adopt similar policies, the impact of changes at the state level could be even broader, said Mauer. Currently, about 225,000 state prisoners are incarcerated for drug offenses, according to the U.S. Bureau of Justice Statistics. One national survey from 15 years ago by the Sentencing Project found that 58 percent of state drug offenders had no history of violence or high-level drug dealing.\u003c/p>\n\u003cp>\"These proportions on state prisoners may have shifted somewhat since that time, but it's still likely that a substantial proportion of state drug offenders fall into that category today,\" said Mauer.\u003c/p>\n\u003cp>Federal prisons are operating at nearly 40 percent above capacity and hold more than 219,000 inmates — with almost half of them serving time for drug-related crimes and many of them with substance use disorders. In addition, 9 million to 10 million prisoners go through local jails each year. Holder praised state and local law enforcement officials for already instituting some of the types of changes he said must be made at the federal level.\u003c/p>\n\u003cp>Aggressive enforcement of federal criminal laws is necessary, but \"we cannot simply prosecute or incarcerate our way to becoming a safer nation,\" Holder said. \"Today, a vicious cycle of poverty, criminality and incarceration traps too many Americans and weakens too many communities. However, many aspects of our criminal justice system may actually exacerbate this problem, rather than alleviate it.\"\u003c/p>\n\u003cp>Holder said mandatory minimum sentences \"breed disrespect for the system. When applied indiscriminately, they do not serve public safety. They have had a disabling effect on communities. And they are ultimately counterproductive.\"\u003c/p>\n\u003cp>Holder said new approaches — which he is calling the \"Smart On Crime\" initiative — are the result of a Justice Department review he launched early this year.\u003c/p>\n\u003cp>The attorney general said some issues are best handled at the state or local level and said he has directed federal prosecutors across the country to develop locally tailored guidelines for determining when federal charges should be filed, and when they should not.\u003c/p>\n\u003cp>\"By targeting the most serious offenses, prosecuting the most dangerous criminals, directing assistance to crime hot spots, and pursuing new ways to promote public safety, deterrence, efficiency and fairness — we can become both smarter and tougher on crime,\" Holder said.\u003c/p>\n\u003cp>The attorney general said 17 states have directed money away from prison construction and toward programs and services such as treatment and supervision that are designed to reduce the problem of repeat offenders.\u003c/p>\n\u003cp>In Kentucky, legislation has reserved prison beds for the most serious offenders and refocused resources on community supervision. The state, Holder said, is projected to reduce its prison population by more than 3,000 over the next 10 years, saving more than $400 million.\u003c/p>\n\u003cp>He also cited investments in drug treatment in Texas for nonviolent offenders and changes to parole policies, which he said brought about a reduction in the prison population of more than 5,000 inmates last year. He said similar efforts helped Arkansas reduce its prison population by more than 1,400. He also pointed to Georgia, North Carolina, Ohio, Pennsylvania and Hawaii as states that have improved public safety while preserving limited resources.\u003c/p>\n\u003cp>Holder also said the department is expanding a policy for considering compassionate release for inmates facing extraordinary or compelling circumstances, and who pose no threat to the public. He said the expansion will include elderly inmates who did not commit violent crimes and who have served significant portions of their sentences.\u003c/p>\n\u003cp>\u003ca name=\"aba\">\u003c/a>\u003c/p>\n\u003cp>\u003cstrong>Update\u003c/strong>: The American Bar Association Tweeted Eric Holder's speech. Some highlights...\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>AG Holder: It is our time and our duty to fix \"broken incarceration system.\" \u003ca href=\"https://twitter.com/search?q=%23ABAAnnual&src=hash\">#ABAAnnual\u003c/a>\u003c/p>\n\u003cp>— American Bar (@ABAesq) \u003ca href=\"https://twitter.com/ABAesq/statuses/366971357872926720\">August 12, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp> \u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Holder: It is shameful that black males face penalities 20% stiffer than white male counterparts. \u003ca href=\"https://twitter.com/search?q=%23ABAAnnual&src=hash\">#ABAAnnual\u003c/a>\u003c/p>\n\u003cp>— American Bar (@ABAesq) \u003ca href=\"https://twitter.com/ABAesq/statuses/366974852839636994\">August 12, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp> \u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Holder: We must re-calibrate America's criminal justice system, give federal judges more discretion in sentencing. \u003ca href=\"https://twitter.com/search?q=%23ABAAnnual&src=hash\">#ABAAnnual\u003c/a>\u003c/p>\n\u003cp>— American Bar (@ABAesq) \u003ca href=\"https://twitter.com/ABAesq/statuses/366975657206497282\">August 12, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp> \u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Holder: While aggressive enforcement remains necessary, federal efforts must focus on prevention. \u003ca href=\"https://twitter.com/search?q=%23ABAAnnual&src=hash\">#ABAAnnual\u003c/a>\u003c/p>\n\u003cp>— American Bar (@ABAesq) \u003ca href=\"https://twitter.com/ABAesq/statuses/366977336010211329\">August 12, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1398475025,"stats":{"hasAudio":false,"hasVideo":true,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":42,"wordCount":1361},"headData":{"title":"Holder Calls For Less Severe Drug Sentencing; Gascón Looking at Making 'Simple Drug Possession' a Misdemeanor | KQED","description":"WASHINGTON (AP and KQED) — With the U.S. facing massive overcrowding in its prisons, Attorney General Eric Holder called Monday for major changes to the nation's criminal justice system that would scale back the use of harsh sentences for certain drug-related crimes. In remarks to the American Bar Association in San Francisco, Holder said he","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Holder Calls For Less Severe Drug Sentencing; Gascón Looking at Making 'Simple Drug Possession' a Misdemeanor","datePublished":"2013-08-12T21:50:55.000Z","dateModified":"2014-04-26T01:17:05.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"106490 http://ww2.kqed.org/news/?p=106490","disqusUrl":"https://ww2.kqed.org/news/2013/08/12/eric-holder-in-san-francisco-to-announce-relaxing-of-mandatory-minimum-sentences/","disqusTitle":"Holder Calls For Less Severe Drug Sentencing; Gascón Looking at Making 'Simple Drug Possession' a Misdemeanor","customPermalink":"2013/08/12/eric-holder-mandatory-minimum-sentencing/","path":"/news/106490/eric-holder-in-san-francisco-to-announce-relaxing-of-mandatory-minimum-sentences","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>WASHINGTON (AP and KQED) — With the U.S. facing massive overcrowding in its prisons, Attorney General Eric Holder called Monday for major changes to the nation's criminal justice system that would scale back the use of harsh sentences for certain drug-related crimes.\u003c/p>\n\u003cfigure id=\"attachment_106498\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003cimg class=\"size-medium wp-image-106498 \" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/08/ericholder.jpg-300x200.jpg\" alt=\"FILE PHOTO: Eric Holder in 2013 (BRENDAN SMIALOWSKI/AFP/Getty Images)\" width=\"300\" height=\"200\">\u003cfigcaption class=\"wp-caption-text\">FILE PHOTO: Eric Holder in 2013 (Brendan Smialowski/AFP/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>In remarks to the American Bar Association in San Francisco, Holder said he also favors diverting people convicted of low-level offenses to drug treatment and community service programs and expanding a prison program to allow for release of some elderly, nonviolent offenders.\u003c/p>\n\u003cp>\"We need to ensure that incarceration is used to punish, deter and rehabilitate — not merely to convict, warehouse and forget,\" Holder said.\u003c/p>\n\u003cp>In one important change, the attorney general said he's altering Justice Department policy so that low-level, nonviolent drug offenders with no ties to large-scale organizations, gangs or cartels won't be charged with offenses that impose mandatory minimum sentences.\u003c/p>\n\u003cp>Mandatory minimum prison sentences, a product of the government's war on drugs that began in the 1980s, limit the discretion of judges to impose shorter prison sentences.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://www.youtube.com/watch?v=oteyZs8Yvv4\" target=\"_blank\">Full speech: Eric Holder speaks to American Bar Association in San Francisco\u003c/a>\u003c/em>\u003c/p>\n\u003cdiv style=\"text-align: center\">\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/oteyZs8Yvv4'\n title='//www.youtube.com/embed/oteyZs8Yvv4'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003c/div>\n\u003cp> \u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>Under the changed policy, the attorney general said defendants will be charged with offenses for which accompanying sentences \"are better suited to their individual conduct, rather than excessive prison terms more appropriate for violent criminals or drug kingpins.\"\u003c/p>\n\u003cp>San Francisco District Attorney George Gascón said today at a press conference after Holder's address that \"arguably you could say that the federal government is following the San Francisco model.” Gascón said San Francisco has lowered the number of drug prosecutions by 69 percent, increasing the use of diversion programs and community-based supervision instead.\u003c/p>\n\u003cp>Gascón said he was \"looking at the possibility of actually going through the initiative systems for 2014 and exploring the possibility of making all simple possessions of drugs a misdemeanor. That would automatically reduce the sentencing to one year. I think it’s the right thing to do. “\u003c/p>\n\u003caside class=\"pullquote alignleft\">I think it’s the right thing to do.\"\n\u003cp>--SF DA Gascón on possibility of making some cases of drug possession a misdemeanor\u003c/p>\n\u003c/aside>\n\u003cp>Holder's comments also drew bipartisan support on Capitol Hill.\u003c/p>\n\u003cp>Sen. Rand Paul, R-Ky., said he is encouraged by the Obama administration's view that mandatory minimum sentences for nonviolent offenders promote injustice and do not serve public safety. Paul and Senate Judiciary Committee chairman Patrick Leahy, D-Vt., introduced legislation in March to grant federal judges greater flexibility in sentencing all crimes where a mandatory minimum punishment is considered unnecessary. Leahy commended Holder for his efforts on the issue and said his committee will hold a hearing on the bill next month.\u003c/p>\n\u003cp>Sen. Dick Durbin, D-Ill., the No.2 Democrat in the Senate, said he looks forward to working on the issue with Holder and senators on both sides of the aisle who support change.\u003c/p>\n\u003cp>The impact of Holder's initiative on mandatory minimum sentences could be significant, said Marc Mauer, executive director of the Sentencing Project, a nonprofit group involved in research and policy reform of the criminal justice system.\u003c/p>\n\u003caside class=\"pullquote alignleft\">\u003ca href=\"http://ww2.kqed.org/news/2013/08/12/eric-holder-mandatory-minimum-sentencing/#aba\" target=\"_blank\">ABA Tweets of Holder's speech\u003c/a>\u003c/aside>\n\u003cp>There are roughly 25,000 drug convictions in federal court each year, and 45 percent of those are for lower-level offenses such as street-level dealers and couriers and people who deliver drugs, said Mauer.\u003c/p>\n\u003cp>The unanswered question is how each of the 94 U.S. Attorney offices around the country will implement changes, given the authority of prosecutors to exercise discretion in how they handle their criminal cases.\u003c/p>\n\u003cp>African-Americans and Hispanics likely would benefit the most from a change. African-Americans account for about 30 percent of federal drug convictions each year and Hispanics account for 40 percent, according to Mauer.\u003c/p>\n\u003cp>If state policymakers were to adopt similar policies, the impact of changes at the state level could be even broader, said Mauer. Currently, about 225,000 state prisoners are incarcerated for drug offenses, according to the U.S. Bureau of Justice Statistics. One national survey from 15 years ago by the Sentencing Project found that 58 percent of state drug offenders had no history of violence or high-level drug dealing.\u003c/p>\n\u003cp>\"These proportions on state prisoners may have shifted somewhat since that time, but it's still likely that a substantial proportion of state drug offenders fall into that category today,\" said Mauer.\u003c/p>\n\u003cp>Federal prisons are operating at nearly 40 percent above capacity and hold more than 219,000 inmates — with almost half of them serving time for drug-related crimes and many of them with substance use disorders. In addition, 9 million to 10 million prisoners go through local jails each year. Holder praised state and local law enforcement officials for already instituting some of the types of changes he said must be made at the federal level.\u003c/p>\n\u003cp>Aggressive enforcement of federal criminal laws is necessary, but \"we cannot simply prosecute or incarcerate our way to becoming a safer nation,\" Holder said. \"Today, a vicious cycle of poverty, criminality and incarceration traps too many Americans and weakens too many communities. However, many aspects of our criminal justice system may actually exacerbate this problem, rather than alleviate it.\"\u003c/p>\n\u003cp>Holder said mandatory minimum sentences \"breed disrespect for the system. When applied indiscriminately, they do not serve public safety. They have had a disabling effect on communities. And they are ultimately counterproductive.\"\u003c/p>\n\u003cp>Holder said new approaches — which he is calling the \"Smart On Crime\" initiative — are the result of a Justice Department review he launched early this year.\u003c/p>\n\u003cp>The attorney general said some issues are best handled at the state or local level and said he has directed federal prosecutors across the country to develop locally tailored guidelines for determining when federal charges should be filed, and when they should not.\u003c/p>\n\u003cp>\"By targeting the most serious offenses, prosecuting the most dangerous criminals, directing assistance to crime hot spots, and pursuing new ways to promote public safety, deterrence, efficiency and fairness — we can become both smarter and tougher on crime,\" Holder said.\u003c/p>\n\u003cp>The attorney general said 17 states have directed money away from prison construction and toward programs and services such as treatment and supervision that are designed to reduce the problem of repeat offenders.\u003c/p>\n\u003cp>In Kentucky, legislation has reserved prison beds for the most serious offenders and refocused resources on community supervision. The state, Holder said, is projected to reduce its prison population by more than 3,000 over the next 10 years, saving more than $400 million.\u003c/p>\n\u003cp>He also cited investments in drug treatment in Texas for nonviolent offenders and changes to parole policies, which he said brought about a reduction in the prison population of more than 5,000 inmates last year. He said similar efforts helped Arkansas reduce its prison population by more than 1,400. He also pointed to Georgia, North Carolina, Ohio, Pennsylvania and Hawaii as states that have improved public safety while preserving limited resources.\u003c/p>\n\u003cp>Holder also said the department is expanding a policy for considering compassionate release for inmates facing extraordinary or compelling circumstances, and who pose no threat to the public. He said the expansion will include elderly inmates who did not commit violent crimes and who have served significant portions of their sentences.\u003c/p>\n\u003cp>\u003ca name=\"aba\">\u003c/a>\u003c/p>\n\u003cp>\u003cstrong>Update\u003c/strong>: The American Bar Association Tweeted Eric Holder's speech. Some highlights...\u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>AG Holder: It is our time and our duty to fix \"broken incarceration system.\" \u003ca href=\"https://twitter.com/search?q=%23ABAAnnual&src=hash\">#ABAAnnual\u003c/a>\u003c/p>\n\u003cp>— American Bar (@ABAesq) \u003ca href=\"https://twitter.com/ABAesq/statuses/366971357872926720\">August 12, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp> \u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Holder: It is shameful that black males face penalities 20% stiffer than white male counterparts. \u003ca href=\"https://twitter.com/search?q=%23ABAAnnual&src=hash\">#ABAAnnual\u003c/a>\u003c/p>\n\u003cp>— American Bar (@ABAesq) \u003ca href=\"https://twitter.com/ABAesq/statuses/366974852839636994\">August 12, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp> \u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Holder: We must re-calibrate America's criminal justice system, give federal judges more discretion in sentencing. \u003ca href=\"https://twitter.com/search?q=%23ABAAnnual&src=hash\">#ABAAnnual\u003c/a>\u003c/p>\n\u003cp>— American Bar (@ABAesq) \u003ca href=\"https://twitter.com/ABAesq/statuses/366975657206497282\">August 12, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp> \u003c/p>\n\u003cblockquote class=\"twitter-tweet\">\u003cp>Holder: While aggressive enforcement remains necessary, federal efforts must focus on prevention. \u003ca href=\"https://twitter.com/search?q=%23ABAAnnual&src=hash\">#ABAAnnual\u003c/a>\u003c/p>\n\u003cp>— American Bar (@ABAesq) \u003ca href=\"https://twitter.com/ABAesq/statuses/366977336010211329\">August 12, 2013\u003c/a>\u003c/p>\u003c/blockquote>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/106490/eric-holder-in-san-francisco-to-announce-relaxing-of-mandatory-minimum-sentences","authors":["237"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_100","news_2688"],"featImg":"news_106500","label":"news_6944"},"news_82552":{"type":"posts","id":"news_82552","meta":{"index":"posts_1591205157","site":"news","id":"82552","score":null,"sort":[1355165542000]},"guestAuthors":[],"slug":"giselle-esteban-sentenced-to-25-years-for-michelle-les-murder","title":"Giselle Esteban Sentenced to 25 Years for Michelle Le's Murder ","publishDate":1355165542,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>(BCN) Giselle Esteban, the woman convicted of murdering nursing student Michelle Le in May 2011, was sentenced in Alameda County Superior Court this morning to 25 years to life in prison.\u003c/p>\n\u003cfigure id=\"attachment_82559\" class=\"wp-caption alignleft\" style=\"max-width: 179px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/Michelle-Le-poster1.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/Michelle-Le-poster1.jpg\" alt=\"\" title=\"Michelle Le poster\" width=\"179\" height=\"231\" class=\"size-full wp-image-82559\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Michelle Le's family offered a reward for information on her whereabouts after she disappeared on May 27, 2011.\u003c/figcaption>\u003c/figure>\n\u003cp>In her trial, prosecutors contended that Esteban killed Le, a former friend and high school classmate, because she mistakenly believed that Le was having a romantic relationship with Scott Marasigan, the father of Esteban's 6-year-old daughter.\u003c/p>\n\u003cp>Le, 26, was studying nursing at Samuel Merritt University in Oakland. She disappeared from Kaiser Permanente Medical Center in Hayward on May 27, 2011, and her body was found in a remote area between Pleasanton and Sunol about four months later.\u003c/p>\n\u003cp>Prosecutor Butch Ford alleged in the trial that \u003ca href=\"http://ww2.kqed.org/news/2011/09/07/live-now-arrest-made-in-michelle-le-case/\">Esteban,\u003c/a> 28, had planned Le's murder for months and staked her out in the Kaiser parking lot for hours before attacking her as she walked to her car.\u003c/p>\n\u003cp>Esteban's lawyer, Andrea Auer, admitted to jurors that Esteban killed Le but had asked them to convict her of the lesser charge of voluntary manslaughter because she said Le had provoked Esteban and Esteban acted in the heat of passion.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1355166187,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":221},"headData":{"title":"Giselle Esteban Sentenced to 25 Years for Michelle Le's Murder | KQED","description":"(BCN) Giselle Esteban, the woman convicted of murdering nursing student Michelle Le in May 2011, was sentenced in Alameda County Superior Court this morning to 25 years to life in prison. In her trial, prosecutors contended that Esteban killed Le, a former friend and high school classmate, because she mistakenly believed that Le was having a","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Giselle Esteban Sentenced to 25 Years for Michelle Le's Murder ","datePublished":"2012-12-10T18:52:22.000Z","dateModified":"2012-12-10T19:03:07.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"82552 http://ww2.kqed.org/news/?p=82552","disqusUrl":"https://ww2.kqed.org/news/2012/12/10/giselle-esteban-sentenced-to-25-years-for-michelle-les-murder/","disqusTitle":"Giselle Esteban Sentenced to 25 Years for Michelle Le's Murder ","path":"/news/82552/giselle-esteban-sentenced-to-25-years-for-michelle-les-murder","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>(BCN) Giselle Esteban, the woman convicted of murdering nursing student Michelle Le in May 2011, was sentenced in Alameda County Superior Court this morning to 25 years to life in prison.\u003c/p>\n\u003cfigure id=\"attachment_82559\" class=\"wp-caption alignleft\" style=\"max-width: 179px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/Michelle-Le-poster1.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/Michelle-Le-poster1.jpg\" alt=\"\" title=\"Michelle Le poster\" width=\"179\" height=\"231\" class=\"size-full wp-image-82559\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Michelle Le's family offered a reward for information on her whereabouts after she disappeared on May 27, 2011.\u003c/figcaption>\u003c/figure>\n\u003cp>In her trial, prosecutors contended that Esteban killed Le, a former friend and high school classmate, because she mistakenly believed that Le was having a romantic relationship with Scott Marasigan, the father of Esteban's 6-year-old daughter.\u003c/p>\n\u003cp>Le, 26, was studying nursing at Samuel Merritt University in Oakland. She disappeared from Kaiser Permanente Medical Center in Hayward on May 27, 2011, and her body was found in a remote area between Pleasanton and Sunol about four months later.\u003c/p>\n\u003cp>Prosecutor Butch Ford alleged in the trial that \u003ca href=\"http://ww2.kqed.org/news/2011/09/07/live-now-arrest-made-in-michelle-le-case/\">Esteban,\u003c/a> 28, had planned Le's murder for months and staked her out in the Kaiser parking lot for hours before attacking her as she walked to her car.\u003c/p>\n\u003cp>Esteban's lawyer, Andrea Auer, admitted to jurors that Esteban killed Le but had asked them to convict her of the lesser charge of voluntary manslaughter because she said Le had provoked Esteban and Esteban acted in the heat of passion.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/82552/giselle-esteban-sentenced-to-25-years-for-michelle-les-murder","authors":["237"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_3398","news_1841","news_3574","news_3575","news_2688","news_1087"],"label":"news_6944"},"news_69587":{"type":"posts","id":"news_69587","meta":{"index":"posts_1591205157","site":"news","id":"69587","score":null,"sort":[1341518503000]},"guestAuthors":[],"slug":"calif-jails-to-see-250-more-inmates-than-forecast","title":"Calif. Underestimated Number of Prisoners Sent to County Jails Under Realignment","publishDate":1341518503,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>by Don Thompson, Associated Press\u003c/p>\n\u003cp>SACRAMENTO, Calif. (AP) -- Nearly 250 more criminals will serve their time in county jails instead of state prisons each year under a new California law, a sharp increase from the state's original projections.\u003c/p>\n\u003cfigure id=\"attachment_69590\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/07/unit-of-pbshu-prison-Michael-Montgomery.jpg\">\u003cimg class=\"size-full wp-image-69590\" title=\"unit of pbshu prison Michael Montgomery\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/07/unit-of-pbshu-prison-Michael-Montgomery.jpg\" alt=\"\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A unit of Pelican Bay prison in California (Michael Montgomery/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>The corrections department said Thursday that it miscalculated the effect of changing where some criminals serve their time.\u003c/p>\n\u003cp>Republican lawmakers say the shift that took effect last month will send more violent offenders to local facilities, violating the state's pledge to keep people convicted of violent crimes in state prisons.\u003cbr>\n\u003c!--more-->\u003cbr>\nCorrections officials originally said only two more criminals each year were likely to shift to local jails while serving time for weapons possession and other crimes. Those projections were reported in an Associated Press story published June 30.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The department now says 247 more criminals would go to local jails.\u003c/p>\n\u003cp>The population of the state's 33 adult prisons has dropped by more than 40,000 inmates since October, when the state began sending thousands of criminals to county jails in response to court orders requiring a reduction in overcrowding at state prisons.\u003c/p>\n\u003cp>The law enacted last month as part of the new state budget shifted 10 crimes back to state prisons, including several involving child sex offenses or seriously injuring a peace officer. The department projected that would affect about 10 criminals each year. Callison could not immediately say if researchers also miscalculated that estimate.\u003c/p>\n\u003cp>The AP first reported in October that at least two dozen offenses moving to local control could be considered serious or violent.\u003c/p>\n\u003cp>The additional crimes that will now bring jail sentences instead of prison time under the new law include possession of certain explosives, various knives and exotic weapons, as well as check fraud and defrauding the state's food stamp program.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Officials said they were merely fixing a drafting error, and that those categories of crimes should have resulted in jail time under the original realignment law that took effect last year.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1341532448,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":13,"wordCount":342},"headData":{"title":"Calif. Underestimated Number of Prisoners Sent to County Jails Under Realignment | KQED","description":"by Don Thompson, Associated Press SACRAMENTO, Calif. (AP) -- Nearly 250 more criminals will serve their time in county jails instead of state prisons each year under a new California law, a sharp increase from the state's original projections. The corrections department said Thursday that it miscalculated the effect of changing where some criminals serve","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Calif. Underestimated Number of Prisoners Sent to County Jails Under Realignment","datePublished":"2012-07-05T20:01:43.000Z","dateModified":"2012-07-05T23:54:08.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"69587 http://ww2.kqed.org/news/?p=69587","disqusUrl":"https://ww2.kqed.org/news/2012/07/05/calif-jails-to-see-250-more-inmates-than-forecast/","disqusTitle":"Calif. Underestimated Number of Prisoners Sent to County Jails Under Realignment","path":"/news/69587/calif-jails-to-see-250-more-inmates-than-forecast","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>by Don Thompson, Associated Press\u003c/p>\n\u003cp>SACRAMENTO, Calif. (AP) -- Nearly 250 more criminals will serve their time in county jails instead of state prisons each year under a new California law, a sharp increase from the state's original projections.\u003c/p>\n\u003cfigure id=\"attachment_69590\" class=\"wp-caption alignleft\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/07/unit-of-pbshu-prison-Michael-Montgomery.jpg\">\u003cimg class=\"size-full wp-image-69590\" title=\"unit of pbshu prison Michael Montgomery\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/07/unit-of-pbshu-prison-Michael-Montgomery.jpg\" alt=\"\" width=\"300\" height=\"225\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A unit of Pelican Bay prison in California (Michael Montgomery/KQED).\u003c/figcaption>\u003c/figure>\n\u003cp>The corrections department said Thursday that it miscalculated the effect of changing where some criminals serve their time.\u003c/p>\n\u003cp>Republican lawmakers say the shift that took effect last month will send more violent offenders to local facilities, violating the state's pledge to keep people convicted of violent crimes in state prisons.\u003cbr>\n\u003c!--more-->\u003cbr>\nCorrections officials originally said only two more criminals each year were likely to shift to local jails while serving time for weapons possession and other crimes. Those projections were reported in an Associated Press story published June 30.\u003c/p>\n\u003cp>\u003c!--more-->\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The department now says 247 more criminals would go to local jails.\u003c/p>\n\u003cp>The population of the state's 33 adult prisons has dropped by more than 40,000 inmates since October, when the state began sending thousands of criminals to county jails in response to court orders requiring a reduction in overcrowding at state prisons.\u003c/p>\n\u003cp>The law enacted last month as part of the new state budget shifted 10 crimes back to state prisons, including several involving child sex offenses or seriously injuring a peace officer. The department projected that would affect about 10 criminals each year. Callison could not immediately say if researchers also miscalculated that estimate.\u003c/p>\n\u003cp>The AP first reported in October that at least two dozen offenses moving to local control could be considered serious or violent.\u003c/p>\n\u003cp>The additional crimes that will now bring jail sentences instead of prison time under the new law include possession of certain explosives, various knives and exotic weapons, as well as check fraud and defrauding the state's food stamp program.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Officials said they were merely fixing a drafting error, and that those categories of crimes should have resulted in jail time under the original realignment law that took effect last year.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/69587/calif-jails-to-see-250-more-inmates-than-forecast","authors":["237"],"programs":["news_6944"],"categories":["news_6188","news_8"],"tags":["news_402","news_2687","news_2069","news_1471","news_2688"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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You ask the questions. You decide what Bay Curious investigates. 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On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. 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For one hour a week, the show tries to lift the veil from the process of \"making media,\" especially news media, because it's through that lens that we see the world and the world sees us","airtime":"SUN 2pm-3pm, MON 12am-1am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/onTheMedia.png","officialWebsiteLink":"https://www.wnycstudios.org/shows/otm","meta":{"site":"news","source":"wnyc"},"link":"/radio/program/on-the-media","subscribe":{"apple":"https://itunes.apple.com/us/podcast/on-the-media/id73330715?mt=2","tuneIn":"https://tunein.com/radio/On-the-Media-p69/","rss":"http://feeds.wnyc.org/onthemedia"}},"our-body-politic":{"id":"our-body-politic","title":"Our Body Politic","info":"Presented by KQED, KCRW and KPCC, and created and hosted by award-winning journalist Farai Chideya, Our Body Politic is unapologetically centered on reporting on not just how women of color experience the major political events of today, but how they’re impacting those very issues.","airtime":"SAT 6pm-7pm, SUN 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Our-Body-Politic-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://our-body-politic.simplecast.com/","meta":{"site":"news","source":"kcrw"},"link":"/radio/program/our-body-politic","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/our-body-politic/id1533069868","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5zaW1wbGVjYXN0LmNvbS9feGFQaHMxcw","spotify":"https://open.spotify.com/show/4ApAiLT1kV153TttWAmqmc","rss":"https://feeds.simplecast.com/_xaPhs1s","tuneIn":"https://tunein.com/podcasts/News--Politics-Podcasts/Our-Body-Politic-p1369211/"}},"pbs-newshour":{"id":"pbs-newshour","title":"PBS NewsHour","info":"Analysis, background reports and updates from the PBS NewsHour putting today's news in context.","airtime":"MON-FRI 3pm-4pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/PBS-News-Hour-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.pbs.org/newshour/","meta":{"site":"news","source":"pbs"},"link":"/radio/program/pbs-newshour","subscribe":{"apple":"https://itunes.apple.com/us/podcast/pbs-newshour-full-show/id394432287?mt=2","tuneIn":"https://tunein.com/radio/PBS-NewsHour---Full-Show-p425698/","rss":"https://www.pbs.org/newshour/feeds/rss/podcasts/show"}},"perspectives":{"id":"perspectives","title":"Perspectives","tagline":"KQED's series of of daily listener commentaries since 1991","info":"KQED's series of of daily listener commentaries since 1991.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Perspectives-Podcast-Tile-703x703-1.jpg","officialWebsiteLink":"/perspectives/","meta":{"site":"radio","source":"kqed","order":"15"},"link":"/perspectives","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/id73801135","npr":"https://www.npr.org/podcasts/432309616/perspectives","rss":"https://ww2.kqed.org/perspectives/category/perspectives/feed/","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvcGVyc3BlY3RpdmVzL2NhdGVnb3J5L3BlcnNwZWN0aXZlcy9mZWVkLw"}},"planet-money":{"id":"planet-money","title":"Planet Money","info":"The economy explained. 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The result is stories that inform and inspire, arming our listeners with information to right injustices, hold the powerful accountable and improve lives.Reveal is hosted by Al Letson and showcases the award-winning work of CIR and newsrooms large and small across the nation. In a radio and podcast market crowded with choices, Reveal focuses on important and often surprising stories that illuminate the world for our listeners.","airtime":"SAT 4pm-5pm","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/reveal300px.png","officialWebsiteLink":"https://www.revealnews.org/episodes/","meta":{"site":"news","source":"npr"},"link":"/radio/program/reveal","subscribe":{"apple":"https://itunes.apple.com/us/podcast/reveal/id886009669","tuneIn":"https://tunein.com/radio/Reveal-p679597/","rss":"http://feeds.revealradio.org/revealpodcast"}},"says-you":{"id":"says-you","title":"Says You!","info":"Public radio's game show of bluff and bluster, words and whimsy. 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