Recidivism Rate for Freed Three-Strikers Continues to Be Very Low
California Three Strikers Have to Find Their Own Path to Freedom
A Year After Release, Only 2 Percent of Three Strikers Charged With New Crimes
Report Says That So Far, Newly Released 'Three Strikes' Inmates Staying out of Trouble
Prosecutors' Opposition Could Limit Release of Third-Strike Inmates
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correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\" width=\"640\" height=\"460\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Prisoners at Chino State Prison, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The latest report on a California initiative to release inmates sentenced to life in prison for nonviolent crimes under the state’s three-strikes law shows a striking trend appears to be holding up: Far fewer of the former three-strikers are being sent to prison again for new crimes compared with other recently released inmates.\u003c/p>\n\u003cp>Stanford Law School’s \u003ca href=\"http://www.law.stanford.edu/organizations/programs-and-centers/stanford-three-strikes-project\" target=\"_blank\">Three Strikes Project\u003c/a> says 1.3 percent of the 1,600 or so nonviolent three-strikers released since \u003ca href=\"http://www.smartvoter.org/2012/11/06/ca/state/prop/36/\" target=\"_blank\">Proposition 36\u003c/a> passed in 2012 have gone back to state prison. That compares with a recidivism rate of 30 percent for all state prison inmates released during the same period. A report from the Stanford project last fall, which focused on the first 1,000 three-strikers freed under Prop. 36, found that 2 percent had reoffended and gone back to state prison.\u003c/p>\n\u003cp>“The Prop. 36 group of inmates being released really turns out to be the safest group of people to release in the entire prison system,” says Michael Romano, director of the Three Strikes Project.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> 'The Prop. 36 group of inmates being released really turns out to be the safest group of people to release in the entire prison system.'\u003c/aside>\n\u003cp>More than 4,000 inmates in California were serving sentences disproportionate to their crimes under the old three-strikes law, Romano says, adding that many of them suffer from mental illness.\u003c/p>\n\u003cp>\"People who have committed their crimes because they are very sick and had no other option, except to basically treat themselves with drugs and get into a spiral of criminal conduct,\" Romano says. \"I think we have come to a point in the state's history where, instead of punishing these people, we learn that these people deserve our help and assistance.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Romano says he's concerned that re-entry programs are not adequate, especially for the mentally ill. Right now, many prisoners released under Proposition 36 are freed without anyone notifying families or attorneys. Many aren't even given adequate clothing.\u003c/p>\n\u003cp>Proposition 36 already has saved California more than $30 million in prison costs, Romano says. If it the trend continues, he says the initiative has the potential to save taxpayers more than $750 million over the next 10 years.\u003c/p>\n\u003cp>Here's Romano's interview with KQED's Mina Kim:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/146506906&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n","blocks":[],"excerpt":"Stanford study finds that just 1.3 percent of those released under Prop. 36 have gone back to prison. ","status":"publish","parent":0,"modified":1398733165,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":11,"wordCount":409},"headData":{"title":"Recidivism Rate for Freed Three-Strikers Continues to Be Very Low | KQED","description":"Stanford study finds that just 1.3 percent of those released under Prop. 36 have gone back to prison. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"134071 http://ww2.kqed.org/news/?p=134071","disqusUrl":"https://ww2.kqed.org/news/2014/04/28/recidivism-rate-for-freed-three-strikers-continues-very-low/","disqusTitle":"Recidivism Rate for Freed Three-Strikers Continues to Be Very Low","customPermalink":"recidivism-rate-for-freed-three-strikers-continues-to-be-very-low/","path":"/news/134071/recidivism-rate-for-freed-three-strikers-continues-very-low","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_110461\" class=\"wp-caption alignnone\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/2013/09/09/gov-brown-legislative-leaders-announce-deal-on-prison-overcrowding-plans/rs50_chinostateprisoninmates20130108-scr-3/\" rel=\"attachment wp-att-110461\">\u003cimg class=\"size-full wp-image-110461\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/RS50_ChinoStatePrisonInmates20130108-scr-e1378755097923.jpg\" alt=\"Prisoners at Chino State Prison, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\" width=\"640\" height=\"460\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Prisoners at Chino State Prison, one of many California correctional institutions with a history of severe overcrowding. (Kevork Djansezian/Getty Images)\u003c/figcaption>\u003c/figure>\n\u003cp>The latest report on a California initiative to release inmates sentenced to life in prison for nonviolent crimes under the state’s three-strikes law shows a striking trend appears to be holding up: Far fewer of the former three-strikers are being sent to prison again for new crimes compared with other recently released inmates.\u003c/p>\n\u003cp>Stanford Law School’s \u003ca href=\"http://www.law.stanford.edu/organizations/programs-and-centers/stanford-three-strikes-project\" target=\"_blank\">Three Strikes Project\u003c/a> says 1.3 percent of the 1,600 or so nonviolent three-strikers released since \u003ca href=\"http://www.smartvoter.org/2012/11/06/ca/state/prop/36/\" target=\"_blank\">Proposition 36\u003c/a> passed in 2012 have gone back to state prison. That compares with a recidivism rate of 30 percent for all state prison inmates released during the same period. A report from the Stanford project last fall, which focused on the first 1,000 three-strikers freed under Prop. 36, found that 2 percent had reoffended and gone back to state prison.\u003c/p>\n\u003cp>“The Prop. 36 group of inmates being released really turns out to be the safest group of people to release in the entire prison system,” says Michael Romano, director of the Three Strikes Project.\u003c/p>\n\u003caside class=\"pullquote alignleft\"> 'The Prop. 36 group of inmates being released really turns out to be the safest group of people to release in the entire prison system.'\u003c/aside>\n\u003cp>More than 4,000 inmates in California were serving sentences disproportionate to their crimes under the old three-strikes law, Romano says, adding that many of them suffer from mental illness.\u003c/p>\n\u003cp>\"People who have committed their crimes because they are very sick and had no other option, except to basically treat themselves with drugs and get into a spiral of criminal conduct,\" Romano says. \"I think we have come to a point in the state's history where, instead of punishing these people, we learn that these people deserve our help and assistance.\"\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>Romano says he's concerned that re-entry programs are not adequate, especially for the mentally ill. Right now, many prisoners released under Proposition 36 are freed without anyone notifying families or attorneys. Many aren't even given adequate clothing.\u003c/p>\n\u003cp>Proposition 36 already has saved California more than $30 million in prison costs, Romano says. If it the trend continues, he says the initiative has the potential to save taxpayers more than $750 million over the next 10 years.\u003c/p>\n\u003cp>Here's Romano's interview with KQED's Mina Kim:\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/146506906&color=ff5500&auto_play=false&hide_related=false&show_artwork=true\" width=\"100%\" height=\"166\" frameborder=\"no\" scrolling=\"no\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/134071/recidivism-rate-for-freed-three-strikers-continues-very-low","authors":["261"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_616","news_6194","news_3611","news_3452"],"featImg":"news_105477","label":"news_6944"},"news_118343":{"type":"posts","id":"news_118343","meta":{"index":"posts_1591205157","site":"news","id":"118343","score":null,"sort":[1384540806000]},"guestAuthors":[],"slug":"california-third-strikers-have-to-find-their-own-path-to-freedom","title":"California Three Strikers Have to Find Their Own Path to Freedom","publishDate":1384540806,"format":"aside","headTitle":"California Three Strikers Have to Find Their Own Path to Freedom | KQED","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cstrong>By Michael Montgomery, Lisa Pickoff-White and Suzie Racho\u003c/strong>\u003c/p>\n\u003cp>A little more than a year ago, Californians voted to allow the release of third strikers convicted of non-violent, non-serious crimes. \u003ca href=\"http://ww2.kqed.org/news/2013/11/14/a-year-after-three-strikes-california/\">Since then, about 1,000 people have been released.\u003c/a> KQED followed three men from prison to their new lives outside.\u003c/p>\n\u003cp>\u003cstrong>Richard Brown\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_118324\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RichardBrown11.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118324\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RichardBrown11.jpg\" alt=\"From left, Minard and Vivian Roorda, with Richard Brown. (Sarah Rice/KQED)\" width=\"640\" height=\"419\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">From left, Minard and Viviane Roorda, with Richard Brown. (Sarah Rice/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Richard Brown, 61, was sentenced to 25 years to life in 1995 after he was arrested while stealing two car alarms from a Walgreens store in Stockton. Brown, a former heroin addict, served prison time for assault in the 1970s.\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/120203629\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Most three strikers who are released have served so much extra time that they’re not placed on parole or probation. Often that means they don’t have access to substance abuse, mental health and other re-entry programs as well as housing. Brown, who served 17 years for a 5-year sentence, finds the lack of assistance insulting:\u003c/p>\n\u003cp>“We just get the regular $200 that everyone else gets, with no transitional programs. No type of assistance, no consideration of families being lost, families being separated, people dying, things happening in our lives over the years, or getting older.\u003c/p>\n\u003cp>“They don’t have any type of transitional programs for people that are getting released that have served a lot of extra time for the crimes that were committed. So it is unfair, the way we’re being treated. I’m… blessed because of the support system that I have and the people that’s been right there for me throughout the course of these 18 years that I was in prison. Everyone doesn’t have this.”\u003c/p>\n\u003cfigure id=\"attachment_118322\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/brownfather.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118322\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/brownfather.jpg\" alt=\"Brown, at home, reads a letter from his friend Shorty, who's still in San Quentin, out loud to Roorda. (Deborah Svoboda/KQED) \" width=\"640\" height=\"427\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Brown, at home in Ripon with Roorda, reads a letter from his friend Shorty, who’s still in San Quentin. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Brown met Minard and Vivian Roorda in 1995 after his conviction. They became friends, and the Roordas visited Brown regularly in prison. They visited Brown one night after church. Brown saw their visit as a sign:\u003c/p>\n\u003cp>“I went back to my cell and cried like a baby and thanked the Lord because he answered a prayer that I asked. I said, ‘Lord, I’m going to prison with 25 years to life for this petty theft offense and I don’t want to go in there with an attitude, rambunctious. I want to go in there to serve you. So let me know if you’re real in my life and that you hear this prayer.'”\u003c/p>\n\u003cp>After Brown’s release, the Roordas helped him settle in Ripon, where they own a farm.\u003c/p>\n\u003cfigure id=\"attachment_118323\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/brownweld.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118323\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/brownweld.jpg\" alt=\"Brown operates a forklift, moving almond harvesting equipment. He also welds and paints. (Deborah Svoboda/KQED)\" width=\"640\" height=\"427\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Brown operates a forklift, moving almond-harvesting equipment. He also welds and paints. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>A longtime singer, Brown formed a gospel group, Neu Dae, while serving time in San Quentin.\u003c/p>\n\u003cp>“I got together with two other prisoners, Rico and Shorty, and we formed this gospel group. …All we had, basically, was a keyboard that we operated with, that had a drum machine set in and all, but for the most part our voices would complement one another when we sang, and we knew that it had to be a gift, which it was a gift, and is a gift, from God.”\u003c/p>\n\u003cp>\u003cstrong>Robert Watts\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_118450\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/7607_transform.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118450\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/7607_transform.jpg\" alt=\"Robert Watts in Berkeley. (Adithya Sambamurthy/The Center for Investigative Reporting)\" width=\"640\" height=\"427\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Robert Watts in Berkeley. (Adithya Sambamurthy/The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>Robert Watts, 41, was sentenced to life under California’s Three Strikes law for possession of stolen property. He had been in and out of prison on assault and robbery charges. He was released from San Quentin and currently is enrolled in a re-entry program in Berkeley.\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/120204283\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>Prosecutors can challenge Prop. 36 petitions, arguing that the inmates pose an unacceptable public-safety risk. Watts felt his hearing had gone poorly, and was shocked when a parole officer took him to the bus station instead of San Quentin.\u003c/p>\n\u003cp>“[They took me to the] Greyhound bus station, and the cop asked me when he opened the door, he goes ‘You’re from Kern County?’ and I said ‘Yeah.’ He goes ‘You just walk.’ He walked off. I just went to the phone and called my dad and my dad freaked out. It was kind of weird.\u003c/p>\n\u003cp>“I didn’t know if it was real or not. They dropped me off, but I’m standing there, and he walks away.”\u003c/p>\n\u003cfigure id=\"attachment_118354\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/watts03.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118354\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/watts03.jpg\" alt=\"Robert Watts in Kern County Prison. (Gregory D. Cook/KQED)\" width=\"640\" height=\"813\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Robert Watts in Kern County Prison. (Gregory D. Cook/KQED)\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_118355\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/wattsfam.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118355\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/wattsfam.jpg\" alt=\"Robert Watts' son, Nicky, and father, Tom, wait before his hearing. (Gregory Cook/KQED)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Robert Watts’ son Nicky, and father, Tom, wait before his hearing. (Gregory D. Cook/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Watts’ parents have been raising his 13-year-old son, Nicky, in Bakersfield. Since his release, Watts has moved to Berkeley and into a re-entry program, but he is still having a hard time readjusting.\u003c/p>\n\u003cp>“I don’t think anybody owes me anything. I don’t want to put that off on anybody, but I wish there was some kind of structure. … Like ‘Here, just get out. Here’s $200, leave.’ If you’re on parole, you have somebody looking over you, and if you don’t have no place to stay, parole is going to find you an address because they need an address for you to stay, so you’ve got some place to stay. Right now, you’re done. You’re over it. So in the back of my mind, if I could get a 16-month term, half-time, I’d probably go back real quick so I could be on parole. Just so I could come back and be on parole and I’d have all this funding. Eight months wouldn’t be anything in prison, and I’d be on parole then, and then I’d have this funding to help me through basic needs, I guess, without trying to bother my family for other things that I don’t really want to bother them for.”\u003c/p>\n\u003cp>\u003cstrong>Pete Marin\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_118369\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/7603_transform.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118369\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/7603_transform.jpg\" alt=\"Pete Marin served 18 years for petty theft. (Adithya Sambamurthy/The Center for Investigative Reporting)\" width=\"640\" height=\"425\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pete Marin served 18 years for petty theft. (Adithya Sambamurthy/The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>Pete Marin, 52, served 18 years for petty theft under Three Strikes.\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/120203941\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>Marin says that some inmates feel that their Three Strikes sentences helped them live.\u003c/p>\n\u003cp>“What would happen to us if we didn’t get this life sentence? There’s a saying that God rescued us. He sent a black-and-white, and that’s how God rescued us… A police car. I probably would have either OD’d or maybe died, got killed… The lifestyle that we had, I used to do drugs. If I had more money, I’d do more drugs, and keep doing it and doing it.\u003c/p>\n\u003cp>“When you’re facing a life sentence, that really is a rude awakening. It awakens you, and it’s for real.\u003cbr>\nWhen I got busted, and I was in jail, and they told me that I was a Three Strike candidate, it really shook me. It broke me; it really broke me. A lot of things developed that night that I got busted, in my life. It was part of my testimony, how God revealed himself to me.”\u003c/p>\n\u003cfigure id=\"attachment_118370\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RS7602_threestrikers03_adi-hpf.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118370\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RS7602_threestrikers03_adi-hpf.jpg\" alt=\"Marin at his sister's home. (Adithya Sambamurthy/The Center for Investigative Reporting)\" width=\"640\" height=\"427\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Marin at his sister’s home. (Adithya Sambamurthy/The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>Since his release, Marin spends time helping other former third strikers.\u003c/p>\n\u003cp>“When I got out, my mind was running so fast. It was kind of hard to explain. When I was trying to read, I couldn’t read. I caught myself thinking; my mind was running, and it was hard for me to concentrate, because there were so many things happening. I was a little shy and reserved, being amazed at a lot of things.\u003c/p>\n\u003cp>“For instance, when we got off the freeway, the area where I grew up at, I didn’t even recognize it. They did sidewalks and trees; I couldn’t believe where I was at.\u003c/p>\n\u003cp>“The cell phone thing; I would be in my cell, and we would see TV, and we would see people, everyone texting and using the cell phone. I would think in my mind, ‘I would never do that. I’ll be out there, and I’ll be talking to people, and have conversations one-on-one with people.'”\u003c/p>\n\u003cp>Now, Marin’s nieces and nephews are teaching him how to text. While Marin’s family is supportive, he says his prison time makes many people uncomfortable.\u003c/p>\n\u003cp>“I was talking to a gentleman the other day, and he realized that I was in prison. His demeanor changed. I knew what it was. He was uncomfortable. It kind of hurt a little bit. I could understand his not feeling comfortable. I could understand it. I know, every time I was in prison, I realized that a lot of people who are on the streets, they believe that we’re the scum of the earth. That’s one of the reasons why I am sitting here in this interview. There are a lot of good people that had addictions, and that have come out; that have changed their life, and the system did do its job. There’s men that have changed, that have came out, and they’ve changed their life. I would like to be a representative, so to speak, to let them know that there are men that have changed their life.”\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>[contextly_sidebar id=”b486dc817180f8c947cbadcbec3ee55c”]\u003c/p>\n\n","blocks":[],"excerpt":"After long prison sentences, third strikers who are released must readjust with little assistance.","status":"publish","parent":0,"modified":1685487026,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":36,"wordCount":1625},"headData":{"title":"California Three Strikers Have to Find Their Own Path to Freedom | KQED","description":"After long prison sentences, third strikers who are released must readjust with little assistance.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"customPermalink":"2013/11/14/california-third-strikers-find-their-own-path-to-freedom/","templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","articleAge":"0","path":"/news/118343/california-third-strikers-have-to-find-their-own-path-to-freedom","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>By Michael Montgomery, Lisa Pickoff-White and Suzie Racho\u003c/strong>\u003c/p>\n\u003cp>A little more than a year ago, Californians voted to allow the release of third strikers convicted of non-violent, non-serious crimes. \u003ca href=\"http://ww2.kqed.org/news/2013/11/14/a-year-after-three-strikes-california/\">Since then, about 1,000 people have been released.\u003c/a> KQED followed three men from prison to their new lives outside.\u003c/p>\n\u003cp>\u003cstrong>Richard Brown\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_118324\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RichardBrown11.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118324\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RichardBrown11.jpg\" alt=\"From left, Minard and Vivian Roorda, with Richard Brown. (Sarah Rice/KQED)\" width=\"640\" height=\"419\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">From left, Minard and Viviane Roorda, with Richard Brown. (Sarah Rice/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Richard Brown, 61, was sentenced to 25 years to life in 1995 after he was arrested while stealing two car alarms from a Walgreens store in Stockton. Brown, a former heroin addict, served prison time for assault in the 1970s.\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/120203629\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\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>Most three strikers who are released have served so much extra time that they’re not placed on parole or probation. Often that means they don’t have access to substance abuse, mental health and other re-entry programs as well as housing. Brown, who served 17 years for a 5-year sentence, finds the lack of assistance insulting:\u003c/p>\n\u003cp>“We just get the regular $200 that everyone else gets, with no transitional programs. No type of assistance, no consideration of families being lost, families being separated, people dying, things happening in our lives over the years, or getting older.\u003c/p>\n\u003cp>“They don’t have any type of transitional programs for people that are getting released that have served a lot of extra time for the crimes that were committed. So it is unfair, the way we’re being treated. I’m… blessed because of the support system that I have and the people that’s been right there for me throughout the course of these 18 years that I was in prison. Everyone doesn’t have this.”\u003c/p>\n\u003cfigure id=\"attachment_118322\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/brownfather.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118322\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/brownfather.jpg\" alt=\"Brown, at home, reads a letter from his friend Shorty, who's still in San Quentin, out loud to Roorda. (Deborah Svoboda/KQED) \" width=\"640\" height=\"427\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Brown, at home in Ripon with Roorda, reads a letter from his friend Shorty, who’s still in San Quentin. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Brown met Minard and Vivian Roorda in 1995 after his conviction. They became friends, and the Roordas visited Brown regularly in prison. They visited Brown one night after church. Brown saw their visit as a sign:\u003c/p>\n\u003cp>“I went back to my cell and cried like a baby and thanked the Lord because he answered a prayer that I asked. I said, ‘Lord, I’m going to prison with 25 years to life for this petty theft offense and I don’t want to go in there with an attitude, rambunctious. I want to go in there to serve you. So let me know if you’re real in my life and that you hear this prayer.'”\u003c/p>\n\u003cp>After Brown’s release, the Roordas helped him settle in Ripon, where they own a farm.\u003c/p>\n\u003cfigure id=\"attachment_118323\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/brownweld.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118323\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/brownweld.jpg\" alt=\"Brown operates a forklift, moving almond harvesting equipment. He also welds and paints. (Deborah Svoboda/KQED)\" width=\"640\" height=\"427\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Brown operates a forklift, moving almond-harvesting equipment. He also welds and paints. (Deborah Svoboda/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>A longtime singer, Brown formed a gospel group, Neu Dae, while serving time in San Quentin.\u003c/p>\n\u003cp>“I got together with two other prisoners, Rico and Shorty, and we formed this gospel group. …All we had, basically, was a keyboard that we operated with, that had a drum machine set in and all, but for the most part our voices would complement one another when we sang, and we knew that it had to be a gift, which it was a gift, and is a gift, from God.”\u003c/p>\n\u003cp>\u003cstrong>Robert Watts\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_118450\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/7607_transform.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118450\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/7607_transform.jpg\" alt=\"Robert Watts in Berkeley. (Adithya Sambamurthy/The Center for Investigative Reporting)\" width=\"640\" height=\"427\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Robert Watts in Berkeley. (Adithya Sambamurthy/The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>Robert Watts, 41, was sentenced to life under California’s Three Strikes law for possession of stolen property. He had been in and out of prison on assault and robbery charges. He was released from San Quentin and currently is enrolled in a re-entry program in Berkeley.\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/120204283\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>Prosecutors can challenge Prop. 36 petitions, arguing that the inmates pose an unacceptable public-safety risk. Watts felt his hearing had gone poorly, and was shocked when a parole officer took him to the bus station instead of San Quentin.\u003c/p>\n\u003cp>“[They took me to the] Greyhound bus station, and the cop asked me when he opened the door, he goes ‘You’re from Kern County?’ and I said ‘Yeah.’ He goes ‘You just walk.’ He walked off. I just went to the phone and called my dad and my dad freaked out. It was kind of weird.\u003c/p>\n\u003cp>“I didn’t know if it was real or not. They dropped me off, but I’m standing there, and he walks away.”\u003c/p>\n\u003cfigure id=\"attachment_118354\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/watts03.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118354\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/watts03.jpg\" alt=\"Robert Watts in Kern County Prison. (Gregory D. Cook/KQED)\" width=\"640\" height=\"813\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Robert Watts in Kern County Prison. (Gregory D. Cook/KQED)\u003c/figcaption>\u003c/figure>\n\u003cfigure id=\"attachment_118355\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/wattsfam.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118355\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/wattsfam.jpg\" alt=\"Robert Watts' son, Nicky, and father, Tom, wait before his hearing. (Gregory Cook/KQED)\" width=\"640\" height=\"426\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Robert Watts’ son Nicky, and father, Tom, wait before his hearing. (Gregory D. Cook/KQED)\u003c/figcaption>\u003c/figure>\n\u003cp>Watts’ parents have been raising his 13-year-old son, Nicky, in Bakersfield. Since his release, Watts has moved to Berkeley and into a re-entry program, but he is still having a hard time readjusting.\u003c/p>\n\u003cp>“I don’t think anybody owes me anything. I don’t want to put that off on anybody, but I wish there was some kind of structure. … Like ‘Here, just get out. Here’s $200, leave.’ If you’re on parole, you have somebody looking over you, and if you don’t have no place to stay, parole is going to find you an address because they need an address for you to stay, so you’ve got some place to stay. Right now, you’re done. You’re over it. So in the back of my mind, if I could get a 16-month term, half-time, I’d probably go back real quick so I could be on parole. Just so I could come back and be on parole and I’d have all this funding. Eight months wouldn’t be anything in prison, and I’d be on parole then, and then I’d have this funding to help me through basic needs, I guess, without trying to bother my family for other things that I don’t really want to bother them for.”\u003c/p>\n\u003cp>\u003cstrong>Pete Marin\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_118369\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/7603_transform.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118369\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/7603_transform.jpg\" alt=\"Pete Marin served 18 years for petty theft. (Adithya Sambamurthy/The Center for Investigative Reporting)\" width=\"640\" height=\"425\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pete Marin served 18 years for petty theft. (Adithya Sambamurthy/The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>Pete Marin, 52, served 18 years for petty theft under Three Strikes.\u003c/p>\n\u003cp>\u003ciframe loading=\"lazy\" src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/120203941\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>Marin says that some inmates feel that their Three Strikes sentences helped them live.\u003c/p>\n\u003cp>“What would happen to us if we didn’t get this life sentence? There’s a saying that God rescued us. He sent a black-and-white, and that’s how God rescued us… A police car. I probably would have either OD’d or maybe died, got killed… The lifestyle that we had, I used to do drugs. If I had more money, I’d do more drugs, and keep doing it and doing it.\u003c/p>\n\u003cp>“When you’re facing a life sentence, that really is a rude awakening. It awakens you, and it’s for real.\u003cbr>\nWhen I got busted, and I was in jail, and they told me that I was a Three Strike candidate, it really shook me. It broke me; it really broke me. A lot of things developed that night that I got busted, in my life. It was part of my testimony, how God revealed himself to me.”\u003c/p>\n\u003cfigure id=\"attachment_118370\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RS7602_threestrikers03_adi-hpf.jpg\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-118370\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RS7602_threestrikers03_adi-hpf.jpg\" alt=\"Marin at his sister's home. (Adithya Sambamurthy/The Center for Investigative Reporting)\" width=\"640\" height=\"427\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Marin at his sister’s home. (Adithya Sambamurthy/The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>Since his release, Marin spends time helping other former third strikers.\u003c/p>\n\u003cp>“When I got out, my mind was running so fast. It was kind of hard to explain. When I was trying to read, I couldn’t read. I caught myself thinking; my mind was running, and it was hard for me to concentrate, because there were so many things happening. I was a little shy and reserved, being amazed at a lot of things.\u003c/p>\n\u003cp>“For instance, when we got off the freeway, the area where I grew up at, I didn’t even recognize it. They did sidewalks and trees; I couldn’t believe where I was at.\u003c/p>\n\u003cp>“The cell phone thing; I would be in my cell, and we would see TV, and we would see people, everyone texting and using the cell phone. I would think in my mind, ‘I would never do that. I’ll be out there, and I’ll be talking to people, and have conversations one-on-one with people.'”\u003c/p>\n\u003cp>Now, Marin’s nieces and nephews are teaching him how to text. While Marin’s family is supportive, he says his prison time makes many people uncomfortable.\u003c/p>\n\u003cp>“I was talking to a gentleman the other day, and he realized that I was in prison. His demeanor changed. I knew what it was. He was uncomfortable. It kind of hurt a little bit. I could understand his not feeling comfortable. I could understand it. I know, every time I was in prison, I realized that a lot of people who are on the streets, they believe that we’re the scum of the earth. That’s one of the reasons why I am sitting here in this interview. There are a lot of good people that had addictions, and that have come out; that have changed their life, and the system did do its job. There’s men that have changed, that have came out, and they’ve changed their life. I would like to be a representative, so to speak, to let them know that there are men that have changed their life.”\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>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/118343/california-third-strikers-have-to-find-their-own-path-to-freedom","authors":["236"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_1629","news_6327","news_3930","news_3611","news_38","news_3452"],"featImg":"news_118324","label":"news_6944"},"news_118282":{"type":"posts","id":"news_118282","meta":{"index":"posts_1591205157","site":"news","id":"118282","score":null,"sort":[1384539846000]},"guestAuthors":[],"slug":"a-year-after-release-only-2-percent-of-three-strikers-have-committed-new-crimes","title":"A Year After Release, Only 2 Percent of Three Strikers Charged With New Crimes","publishDate":1384539846,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cfigure id=\"attachment_118370\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RS7602_threestrikers03_adi-hpf.jpg\">\u003cimg class=\"size-full wp-image-118370\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RS7602_threestrikers03_adi-hpf.jpg\" alt=\"Pete Marin, 52, served 18 years for petty theft under California's 1994 Three Strikes law. (Adithya Sambamurthy/KQED)\" width=\"640\" height=\"427\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pete Marin, 52, served 18 years for petty theft under California's 1994 Three Strikes law. (Adithya Sambamurthy/The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>A little more than a year ago, Californians voted for Proposition 36, allowing the release of three-strikers convicted of non-violent, non-serious crimes. Since then, about 1,000 people have been released. \u003cstrong>KQED's Michael Montgomery\u003c/strong> followed three men as they left prison and adapted to their new lives outside, and interviewed multiple experts and stakeholders about the state's criminal justice system.\u003c/em>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/120493008\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">C\u003c/span>onvicted of stealing two car alarms from a Walgreens store, Richard Brown spent 18 years in prison under California’s notorious Three Strikes law. Then, quite suddenly, he was standing outside the gates of San Quentin earlier this year, a free man.\u003c/p>\n\u003cp>“They told me to get off the property,” he says. “I asked if there was a phone booth or something. They said no.”\u003c/p>\n\u003cp>For Robert Watts, who served 13 years for receiving stolen property, getting out of prison involved an emotional legal tangle with local prosecutors who insisted he was an unredeemed career criminal and should remain behind bars.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>“It was unpleasant,” he says. “But at least it’s over.”\u003c/p>\n\u003caside class=\"pullquote alignleft\">The measure does not appear to be endangering public safety.\u003c/aside>\n\u003cp>For both men, freedom came as the result of Proposition 36, the ballot initiative approved last year by voters in every county in California.\u003c/p>\n\u003cp>The measure changed the 1994 law that had allowed judges to impose life sentences for low-level felonies such as petty theft and drug possession. The new law focuses on serious and violent crimes. It’s also retroactive, allowing current inmates whose third strike was non-violent and non-serious to petition the courts for resentencing and possible release.\u003c/p>\n\u003cp>Opponents of the measure have argued that the original Three Strikes law worked well and contributed to a dramatic fall in violent crime over the past two decades. Granting some inmates early release, they said, would lead to a spike in crime.\u003c/p>\n\u003cp>“I guarantee that a significant percentage of them are going to re-offend, and re-offend in serious ways,” said Ed Jagels, the former District Attorney for Kern County.\u003c/p>\n\u003cp>Opponents also said prosecutors today are using the law judiciously, pointing out that more than 80 percent of three strikers were sentenced prior to 2000. Changing the law, they said, would remove an important tool from the prosecutorial toolbox.\u003c/p>\n\u003cp>But so far, Prop. 36 does not appear to be endangering public safety, according to a recent report by Stanford Law School and the NAACP Legal Defense and Education Fund.\u003c/p>\n\u003cp>Citing state data, the report concluded that of the more than 1,000 inmates released from prison under the measure, fewer than 2 percent have been charged with new crimes. By comparison, the average recidivism rate over a similar time period for non-Prop. 36 inmates is 16 percent.\u003c/p>\n\u003cfigure id=\"attachment_118400\" class=\"wp-caption alignleft\" style=\"max-width: 242px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RS7606_RichardBrown17-hpf.jpg\">\u003cimg class=\"size-medium wp-image-118400\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RS7606_RichardBrown17-hpf-242x300.jpg\" alt=\"From left: Minard Roorda, Richard Brown and Vivian Roorda\" width=\"242\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">From left: Minard Roorda, Richard Brown and Vivian Roorda\u003c/figcaption>\u003c/figure>\n\u003cp>Opponents' prediction of the measure unleashing \"blood in the streets” was hyperbole, said David Mills, a Stanford law professor who helped fund the initiative. \"Millions of dollars have been saved and many lives changed, hopefully for the better,\" he says.\u003c/p>\n\u003cp>\u003cstrong>Like their adopted son\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>“It’s a blessing,” says Richard Brown, a 61-year-old former drug addict.\u003c/p>\n\u003cp>At the time of his arrest in 1995, Brown says he was unaware that the Three Strikes law had been implemented the previous year. “I heard about it but I didn’t think they’d be that out of control with the sentencing guidelines,” he says.\u003c/p>\n\u003cp>After his release, Brown moved to Ripon, a small farming community south of Stockton, where he found a job with a company that assembles agricultural machinery. An aspiring gospel musician, he also sings in a local church.\u003c/p>\n\u003cp>Brown was drawn to Ripon by Minard and Vivian Roorda, local farmers who learned of his case from a neighbor 18 years ago. The Roordas supported Brown like an adopted son, visiting him regularly in prisons around the state.\u003c/p>\n\u003cp>Minard Roorda says he voted for the original Three Strikes law but realized it cast too wide a net and left men like Brown languishing in prison.\u003c/p>\n\u003cp>“Are they not deserved a second chance?” he said. “Are they not deserving our help? Are they not deserving our love?”\u003c/p>\n\u003cp>[contextly_sidebar id=\"65205eb25f5e5994cdf081bee3ffdbd1\"]\u003c/p>\n\u003cp>While prosecutors have challenged some Prop. 36 petitions, arguing that the inmates pose an unacceptable public safety risk, few of those efforts have been successful.\u003c/p>\n\u003cp>In Robert Watts’ case, Kern County prosecutors sought to block his release, citing evidence of marijuana use in prison and his prior convictions for robbery and assault. But the effort failed and the judge ordered Watts’ release.\u003c/p>\n\u003cp>Still, after a flurry of releases earlier this year, the pace has slowed to a trickle. In Los Angeles and some other counties, inmate petitions are getting stuck in the courts, creating a backlog of inmates who are still in prison even though they are eligible for resentencing.\u003c/p>\n\u003cp>“There’s been a steady decline in the number of petitions that have been reviewed,” said Bonnie Dumanis, district attorney for San Diego County.\u003c/p>\n\u003cp>The initial round of Prop. 36 reviews mainly involved low-risk inmates who were being fast-tracked for release. Now, courts are facing “hard, challenging cases where people have mental health issues or have some issues that need to be dealt with,” she said.\u003c/p>\n\u003cp>Recently, California Chief Justice Tani Cantil-Sakauye met with officials from several large counties to discuss ways to make the petition process “more efficient and effective,” Dumanis said.\u003c/p>\n\u003cp>An estimated 2,000 inmates eligible for resentencing under Prop. 36 remain in prison.\u003c/p>\n\u003cp>\u003cstrong>'They give you $200 and kick you out'\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>Several former three strikers say their challenge has been coping with life on the streets without the structure of prison and support normally provided to newly released felons.\u003c/p>\n\u003cp>Most three strikers who qualify for release have served so much extra time they’re not placed on parole or probation. Often that means that don’t have access to substance abuse, mental health and other re-entry programs as well as housing.\u003c/p>\n\u003cp>“They give you $200 and kick you out, and they don’t give you any type of papers to indicate that you can go down to this program or (that) program,” said Brown. He considers himself lucky to have a job, home and support network.\u003c/p>\n\u003cp>“For many people coming out, it’s a nightmare,” he said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Most three strikers have served so much time they aren't placed on parole or probation when released.\u003c/aside>\n\u003cp>In some counties, prosecutors, public defenders and legal aid groups are starting to develop support networks for three strikers coming out of prison.\u003c/p>\n\u003cp>Former inmates are also supporting each other. Twice each week Pete Marin of Bakersfield checks in on his friend Eddie Alwell. Marin and Alwell served 18 years behind bars, one for petty theft, the other for drug possession.\u003c/p>\n\u003cp>Alwell, 65, is frail and was recently diagnosed with Parkinson’s disease. Much of his day is spent looking after six grandchildren. He met them for the first time after leaving prison.\u003c/p>\n\u003cp>Marin says he helps out Alwell around his house and drives him to the store and to church.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“A lot of men who were sentenced under three strikes…have realized that their life before was bad,” he said. “So a lot of them want to change. I think some kind of program to help them get on their feet and lead them in the right way…would be very important.”\u003c/p>\n\n","blocks":[],"excerpt":"More than 1,000 three strikers have been released since voters passed Prop. 36, softening the law.","status":"publish","parent":0,"modified":1398733185,"stats":{"hasAudio":true,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":41,"wordCount":1311},"headData":{"title":"A Year After Release, Only 2 Percent of Three Strikers Charged With New Crimes | KQED","description":"More than 1,000 three strikers have been released since voters passed Prop. 36, softening the law.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"118282 http://ww2.kqed.org/news/?p=118282","disqusUrl":"https://ww2.kqed.org/news/2013/11/15/a-year-after-release-only-2-percent-of-three-strikers-have-committed-new-crimes/","disqusTitle":"A Year After Release, Only 2 Percent of Three Strikers Charged With New Crimes","customPermalink":"2013/11/14/a-year-after-three-strikes-california/","path":"/news/118282/a-year-after-release-only-2-percent-of-three-strikers-have-committed-new-crimes","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cfigure id=\"attachment_118370\" class=\"wp-caption aligncenter\" style=\"max-width: 640px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RS7602_threestrikers03_adi-hpf.jpg\">\u003cimg class=\"size-full wp-image-118370\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RS7602_threestrikers03_adi-hpf.jpg\" alt=\"Pete Marin, 52, served 18 years for petty theft under California's 1994 Three Strikes law. (Adithya Sambamurthy/KQED)\" width=\"640\" height=\"427\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Pete Marin, 52, served 18 years for petty theft under California's 1994 Three Strikes law. (Adithya Sambamurthy/The Center for Investigative Reporting)\u003c/figcaption>\u003c/figure>\n\u003cp>\u003cem>A little more than a year ago, Californians voted for Proposition 36, allowing the release of three-strikers convicted of non-violent, non-serious crimes. Since then, about 1,000 people have been released. \u003cstrong>KQED's Michael Montgomery\u003c/strong> followed three men as they left prison and adapted to their new lives outside, and interviewed multiple experts and stakeholders about the state's criminal justice system.\u003c/em>\u003c/p>\n\u003cp>\u003ciframe src=\"https://w.soundcloud.com/player/?url=https%3A//api.soundcloud.com/tracks/120493008\" frameborder=\"no\" scrolling=\"no\" width=\"100%\" height=\"166\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">C\u003c/span>onvicted of stealing two car alarms from a Walgreens store, Richard Brown spent 18 years in prison under California’s notorious Three Strikes law. Then, quite suddenly, he was standing outside the gates of San Quentin earlier this year, a free man.\u003c/p>\n\u003cp>“They told me to get off the property,” he says. “I asked if there was a phone booth or something. They said no.”\u003c/p>\n\u003cp>For Robert Watts, who served 13 years for receiving stolen property, getting out of prison involved an emotional legal tangle with local prosecutors who insisted he was an unredeemed career criminal and should remain behind bars.\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>“It was unpleasant,” he says. “But at least it’s over.”\u003c/p>\n\u003caside class=\"pullquote alignleft\">The measure does not appear to be endangering public safety.\u003c/aside>\n\u003cp>For both men, freedom came as the result of Proposition 36, the ballot initiative approved last year by voters in every county in California.\u003c/p>\n\u003cp>The measure changed the 1994 law that had allowed judges to impose life sentences for low-level felonies such as petty theft and drug possession. The new law focuses on serious and violent crimes. It’s also retroactive, allowing current inmates whose third strike was non-violent and non-serious to petition the courts for resentencing and possible release.\u003c/p>\n\u003cp>Opponents of the measure have argued that the original Three Strikes law worked well and contributed to a dramatic fall in violent crime over the past two decades. Granting some inmates early release, they said, would lead to a spike in crime.\u003c/p>\n\u003cp>“I guarantee that a significant percentage of them are going to re-offend, and re-offend in serious ways,” said Ed Jagels, the former District Attorney for Kern County.\u003c/p>\n\u003cp>Opponents also said prosecutors today are using the law judiciously, pointing out that more than 80 percent of three strikers were sentenced prior to 2000. Changing the law, they said, would remove an important tool from the prosecutorial toolbox.\u003c/p>\n\u003cp>But so far, Prop. 36 does not appear to be endangering public safety, according to a recent report by Stanford Law School and the NAACP Legal Defense and Education Fund.\u003c/p>\n\u003cp>Citing state data, the report concluded that of the more than 1,000 inmates released from prison under the measure, fewer than 2 percent have been charged with new crimes. By comparison, the average recidivism rate over a similar time period for non-Prop. 36 inmates is 16 percent.\u003c/p>\n\u003cfigure id=\"attachment_118400\" class=\"wp-caption alignleft\" style=\"max-width: 242px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RS7606_RichardBrown17-hpf.jpg\">\u003cimg class=\"size-medium wp-image-118400\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/11/RS7606_RichardBrown17-hpf-242x300.jpg\" alt=\"From left: Minard Roorda, Richard Brown and Vivian Roorda\" width=\"242\" height=\"300\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">From left: Minard Roorda, Richard Brown and Vivian Roorda\u003c/figcaption>\u003c/figure>\n\u003cp>Opponents' prediction of the measure unleashing \"blood in the streets” was hyperbole, said David Mills, a Stanford law professor who helped fund the initiative. \"Millions of dollars have been saved and many lives changed, hopefully for the better,\" he says.\u003c/p>\n\u003cp>\u003cstrong>Like their adopted son\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>“It’s a blessing,” says Richard Brown, a 61-year-old former drug addict.\u003c/p>\n\u003cp>At the time of his arrest in 1995, Brown says he was unaware that the Three Strikes law had been implemented the previous year. “I heard about it but I didn’t think they’d be that out of control with the sentencing guidelines,” he says.\u003c/p>\n\u003cp>After his release, Brown moved to Ripon, a small farming community south of Stockton, where he found a job with a company that assembles agricultural machinery. An aspiring gospel musician, he also sings in a local church.\u003c/p>\n\u003cp>Brown was drawn to Ripon by Minard and Vivian Roorda, local farmers who learned of his case from a neighbor 18 years ago. The Roordas supported Brown like an adopted son, visiting him regularly in prisons around the state.\u003c/p>\n\u003cp>Minard Roorda says he voted for the original Three Strikes law but realized it cast too wide a net and left men like Brown languishing in prison.\u003c/p>\n\u003cp>“Are they not deserved a second chance?” he said. “Are they not deserving our help? Are they not deserving our love?”\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>While prosecutors have challenged some Prop. 36 petitions, arguing that the inmates pose an unacceptable public safety risk, few of those efforts have been successful.\u003c/p>\n\u003cp>In Robert Watts’ case, Kern County prosecutors sought to block his release, citing evidence of marijuana use in prison and his prior convictions for robbery and assault. But the effort failed and the judge ordered Watts’ release.\u003c/p>\n\u003cp>Still, after a flurry of releases earlier this year, the pace has slowed to a trickle. In Los Angeles and some other counties, inmate petitions are getting stuck in the courts, creating a backlog of inmates who are still in prison even though they are eligible for resentencing.\u003c/p>\n\u003cp>“There’s been a steady decline in the number of petitions that have been reviewed,” said Bonnie Dumanis, district attorney for San Diego County.\u003c/p>\n\u003cp>The initial round of Prop. 36 reviews mainly involved low-risk inmates who were being fast-tracked for release. Now, courts are facing “hard, challenging cases where people have mental health issues or have some issues that need to be dealt with,” she said.\u003c/p>\n\u003cp>Recently, California Chief Justice Tani Cantil-Sakauye met with officials from several large counties to discuss ways to make the petition process “more efficient and effective,” Dumanis said.\u003c/p>\n\u003cp>An estimated 2,000 inmates eligible for resentencing under Prop. 36 remain in prison.\u003c/p>\n\u003cp>\u003cstrong>'They give you $200 and kick you out'\u003cbr>\n\u003c/strong>\u003c/p>\n\u003cp>Several former three strikers say their challenge has been coping with life on the streets without the structure of prison and support normally provided to newly released felons.\u003c/p>\n\u003cp>Most three strikers who qualify for release have served so much extra time they’re not placed on parole or probation. Often that means that don’t have access to substance abuse, mental health and other re-entry programs as well as housing.\u003c/p>\n\u003cp>“They give you $200 and kick you out, and they don’t give you any type of papers to indicate that you can go down to this program or (that) program,” said Brown. He considers himself lucky to have a job, home and support network.\u003c/p>\n\u003cp>“For many people coming out, it’s a nightmare,” he said.\u003c/p>\n\u003caside class=\"pullquote alignleft\">Most three strikers have served so much time they aren't placed on parole or probation when released.\u003c/aside>\n\u003cp>In some counties, prosecutors, public defenders and legal aid groups are starting to develop support networks for three strikers coming out of prison.\u003c/p>\n\u003cp>Former inmates are also supporting each other. Twice each week Pete Marin of Bakersfield checks in on his friend Eddie Alwell. Marin and Alwell served 18 years behind bars, one for petty theft, the other for drug possession.\u003c/p>\n\u003cp>Alwell, 65, is frail and was recently diagnosed with Parkinson’s disease. Much of his day is spent looking after six grandchildren. He met them for the first time after leaving prison.\u003c/p>\n\u003cp>Marin says he helps out Alwell around his house and drives him to the store and to church.\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>“A lot of men who were sentenced under three strikes…have realized that their life before was bad,” he said. “So a lot of them want to change. I think some kind of program to help them get on their feet and lead them in the right way…would be very important.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/118282/a-year-after-release-only-2-percent-of-three-strikers-have-committed-new-crimes","authors":["245"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_1629","news_152","news_3930","news_3611","news_3452"],"featImg":"news_118370","label":"news_6944"},"news_110520":{"type":"posts","id":"news_110520","meta":{"index":"posts_1591205157","site":"news","id":"110520","score":null,"sort":[1378770905000]},"guestAuthors":[],"slug":"report-says-that-so-far-newly-released-three-strikes-inmates-staying-out-of-trouble","title":"Report Says That So Far, Newly Released 'Three Strikes' Inmates Staying out of Trouble","publishDate":1378770905,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/09/09/110520/rs2049_jail-scr/\" rel=\"attachment wp-att-110528\">\u003cimg class=\"alignright size-medium wp-image-110528\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/RS2049_jail-scr-300x168.jpg\" alt=\"Jail\" width=\"300\" height=\"168\">\u003c/a>A new study from Stanford Law School's \u003ca href=\"http://www.law.stanford.edu/organizations/programs-and-centers/stanford-three-strikes-project\" target=\"_blank\">Three Strikes Project \u003c/a>and the NAACP Legal Defense and Education Fund says that 1,000 inmates sentenced to life imprisonment under California's three-strikes law have been released since an initiative softened the statute last year.\u003c/p>\n\u003cp>The most attention-getting part of \u003ca href=\"http://www.law.stanford.edu/organizations/programs-and-centers/stanford-three-strikes-project/proposition-36-progress-report\" target=\"_blank\">the report\u003c/a> released today is that, so far, most of the former prisoners have stayed out of trouble.\u003c/p>\n\u003cp>The report found that only 2 percent of the inmates released under last year's \u003ca href=\"http://voterguide.sos.ca.gov/propositions/36/\" target=\"_blank\">Proposition 36\u003c/a> have returned to prison or jail. That’s far below the statewide average recidivism rate of 16 percent.\u003c/p>\n\u003cp>Stanford law Professor Michael Romano, who co-authored the study, says the record so far is strikingly positive.\u003c/p>\n\u003cp>\"For every one story of somebody being charged with a new crime, there are literally 100 people who have been released from prison, reunited with their families, and are doing extraordinarily well,\" he said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Still, the researchers found problems. Most prisoners released under Prop. 36 are not eligible for publicly funded support services. And some counties are moving slowly on evaluating inmate petitions for release, leaving still behind bars as many as 2,000 inmates eligible for possible parole.\u003c/p>\n\n","blocks":[],"excerpt":"Stanford-NAACP study says only 2 percent of inmates released under Prop. 36 have returned to prison. ","status":"publish","parent":0,"modified":1398733196,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":8,"wordCount":206},"headData":{"title":"Report Says That So Far, Newly Released 'Three Strikes' Inmates Staying out of Trouble | KQED","description":"Stanford-NAACP study says only 2 percent of inmates released under Prop. 36 have returned to prison. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"110520 http://ww2.kqed.org/news/?p=110520","disqusUrl":"https://ww2.kqed.org/news/2013/09/09/report-says-that-so-far-newly-released-three-strikes-inmates-staying-out-of-trouble/","disqusTitle":"Report Says That So Far, Newly Released 'Three Strikes' Inmates Staying out of Trouble","customPermalink":"2013/09/09/110520/","path":"/news/110520/report-says-that-so-far-newly-released-three-strikes-inmates-staying-out-of-trouble","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003ca href=\"http://ww2.kqed.org/news/2013/09/09/110520/rs2049_jail-scr/\" rel=\"attachment wp-att-110528\">\u003cimg class=\"alignright size-medium wp-image-110528\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2013/09/RS2049_jail-scr-300x168.jpg\" alt=\"Jail\" width=\"300\" height=\"168\">\u003c/a>A new study from Stanford Law School's \u003ca href=\"http://www.law.stanford.edu/organizations/programs-and-centers/stanford-three-strikes-project\" target=\"_blank\">Three Strikes Project \u003c/a>and the NAACP Legal Defense and Education Fund says that 1,000 inmates sentenced to life imprisonment under California's three-strikes law have been released since an initiative softened the statute last year.\u003c/p>\n\u003cp>The most attention-getting part of \u003ca href=\"http://www.law.stanford.edu/organizations/programs-and-centers/stanford-three-strikes-project/proposition-36-progress-report\" target=\"_blank\">the report\u003c/a> released today is that, so far, most of the former prisoners have stayed out of trouble.\u003c/p>\n\u003cp>The report found that only 2 percent of the inmates released under last year's \u003ca href=\"http://voterguide.sos.ca.gov/propositions/36/\" target=\"_blank\">Proposition 36\u003c/a> have returned to prison or jail. That’s far below the statewide average recidivism rate of 16 percent.\u003c/p>\n\u003cp>Stanford law Professor Michael Romano, who co-authored the study, says the record so far is strikingly positive.\u003c/p>\n\u003cp>\"For every one story of somebody being charged with a new crime, there are literally 100 people who have been released from prison, reunited with their families, and are doing extraordinarily well,\" 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>\u003c/p>\n\u003cp>Still, the researchers found problems. Most prisoners released under Prop. 36 are not eligible for publicly funded support services. And some counties are moving slowly on evaluating inmate petitions for release, leaving still behind bars as many as 2,000 inmates eligible for possible parole.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/110520/report-says-that-so-far-newly-released-three-strikes-inmates-staying-out-of-trouble","authors":["245"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_152","news_3611","news_178","news_3452"],"featImg":"news_110528","label":"news_6944"},"news_83363":{"type":"posts","id":"news_83363","meta":{"index":"posts_1591205157","site":"news","id":"83363","score":null,"sort":[1355951278000]},"guestAuthors":[],"slug":"prosecutors-opposition-could-limit-release-of-third-strike-inmates","title":"Prosecutors' Opposition Could Limit Release of Third-Strike Inmates","publishDate":1355951278,"format":"aside","headTitle":"News Fix | KQED News","labelTerm":{"term":6944,"site":"news"},"content":"\u003cp>\u003cem>by Michael Montgomery, \u003ca href=\"http://californiawatch.org/dailyreport/prosecutors-opposition-could-limit-release-third-strike-inmates-18755\" target=\"_blank\">California Watch\u003c/a>\u003c/em>\u003c/p>\n\u003cp>State inmates serving life terms are starting to file resentencing petitions with local judges following the passage of Proposition 36, the ballot measure that overhauls California's controversial three strikes law. But opposition from local prosecutors and other factors could limit the number of qualifying inmates who actually get released.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/107515794.jpg\">\u003cimg class=\"alignleft size-medium wp-image-36359\" title=\"Supreme Court To Rule On California's Overcrowded Prisons\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/107515794-300x202.jpg\" alt=\"\" width=\"300\" height=\"202\">\u003c/a>Scott Thorpe, CEO of the California District Attorneys Association, said his organization is recommending that district attorneys file subpoenas for the prison records of inmates seeking a resentencing hearing so they can scrutinize everything from the offenders’ health and psychological profile to their participation in rehabilitation programs.\u003c/p>\n\u003cp>“We’re arguing that everything should be taken into consideration,” he said. “If they haven’t taken advantage of programs that were available to them, we’re saying that’s a relevant fact in determining whether this is a responsible person to go out into society.\"\u003c/p>\n\u003cp>Prop. 36 allows sentence reductions for inmates convicted under the original 1994 law if their third strike was not a serious or violent felony (as defined by the California Penal Code) and their prior convictions did not include rape, murder, child molestation or other grave crimes. \u003c!--more-->Some 2,800 inmates serving life terms could be eligible for shorter sentences or release under the measure, according to \u003ca href=\"https://www.documentcloud.org/documents/541374-prop36countyestimates.html\" target=\"_blank\">data\u003c/a> from the state Department of Corrections and Rehabilitation. Of those offenders, nearly 70 percent originally were sentenced in five counties: Los Angeles, Kern, San Bernardino, Riverside and San Diego.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Resentencing is not automatic. The measure gives judges discretion to consider a host of factors to determine whether an offender poses an “unreasonable risk” to public safety and should remain in prison. Those factors include the types of previous crimes, injuries to victims, lengths of prior prison terms, disciplinary and rehabilitation records in prison, and any other evidence the court deems relevant.\u003c/p>\n\u003cp>Opponents of Prop. 36 have argued that the measure was unnecessary because judges already have discretion to impose lighter sentences. They also criticized the initiative for allowing inmates who committed violent crimes prior to their final strike to qualify for possible release.\u003c/p>\n\u003cp>Thorpe said the measure is putting a heavy burden on prosecutors to pull together all the pertinent records to determine the level of risk an offender poses.\u003c/p>\n\u003cp>“The district attorneys have that responsibility for saying, ‘Hey, this guy is or is not a danger to public safety,' ” he said.\u003c/p>\n\u003cp>Public defenders' offices around the state also are bracing for a heavy workload, especially if a large number of petitions are challenged.\u003c/p>\n\u003cp>\"The costs could grow significantly,\" said Laura Hoffman, chief deputy public defender for San Bernardino County.\u003c/p>\n\u003cp>Prop. 36 provides little guidance on how the petition process should be conducted, though it specifies that inmates must file their petitions by November 2015. In recent weeks, prosecutors and defense attorneys around the state have been working with corrections officials to create a system to locate, copy and transfer inmates' prison records to local courts assigned to evaluate the petitions.\u003c/p>\n\u003cp>In some cases, the records go back decades and are kept only on paper. In San Bernardino County, prosecutors have filed subpoenas seeking records on 16 inmates, according to corrections spokeswoman Terry Thornton.\u003c/p>\n\u003cp>Santa Clara County District Attorney Jeff Rosen, who publicly supported Prop. 36, said his office also is requesting prison records for all third-strike inmates seeking new sentences. Rosen said that of the 120 to 130 inmates who likely will qualify under the measure, more than half could win reduced sentences, leaving a significant minority that will remain behind bars for the duration of their terms.\u003c/p>\n\u003cp>“I believe that Proposition 36 balances individual fairness with public safety,” Rosen said.\u003c/p>\n\u003cp>District attorneys in Orange and Kern counties declined to comment on how they were implementing Prop. 36.\u003c/p>\n\u003cp>But lawyers representing third-strikers expressed concern that challenges over prison records could create a bottleneck in the petition process and long delays for some inmates who are eligible for release. Michael Romano, a Prop. 36 co-author who directs a law clinic at Stanford University, said another challenge is ensuring that every inmate who qualifies under the statute receives adequate representation and has a transition plan for life after prison.\u003c/p>\n\u003cp>\"Their lives are on the line,\" he said. \"This is their last, best chance of getting out of prison, reuniting with their families and getting to put their lives back together.\"\u003c/p>\n\u003cp>While some petitions might be unopposed, Romano said, a \"large number of cases are going to be contentious.\"\u003c/p>\n\u003cp>\"We are not expecting that prosecutors are going to roll over,\" he said. \"We are loading for bear.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe width=\"640\" height=\"600\" scrolling=\"no\" frameborder=\"no\" src=\"https://www.google.com/fusiontables/embedviz?viz=MAP&q=select+col2%3E%3E1+from+1cEbJ3xTeC-5ETWGdFnF2vMPAGq-i67SRK239Ybk&h=false&lat=37.29922349623006&lng=-119.65726290624995&z=6&t=1&l=col2%3E%3E1&y=5&tmplt=2\">\u003c/iframe>\u003cbr>\n\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/prisonersforrelease-key.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/prisonersforrelease-key.jpg\" alt=\"\" title=\"prisonersforrelease-key\" width=\"630\" height=\"100\" class=\"aligncenter size-full wp-image-83409\">\u003c/a>\u003cbr>\n\u003cem>Michael Montgomery is an investigative journalist for \u003ca href=\"http://californiawatch.org/\">California Watch\u003c/a> and KQED News\u003c/em>.\u003c/p>\n\n","blocks":[],"excerpt":null,"status":"publish","parent":0,"modified":1355957555,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":793},"headData":{"title":"Prosecutors' Opposition Could Limit Release of Third-Strike Inmates | KQED","description":"by Michael Montgomery, California Watch State inmates serving life terms are starting to file resentencing petitions with local judges following the passage of Proposition 36, the ballot measure that overhauls California's controversial three strikes law. But opposition from local prosecutors and other factors could limit the number of qualifying inmates who actually get released. Scott","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"83363 http://ww2.kqed.org/news/?p=83363","disqusUrl":"https://ww2.kqed.org/news/2012/12/19/prosecutors-opposition-could-limit-release-of-third-strike-inmates/","disqusTitle":"Prosecutors' Opposition Could Limit Release of Third-Strike Inmates","path":"/news/83363/prosecutors-opposition-could-limit-release-of-third-strike-inmates","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>by Michael Montgomery, \u003ca href=\"http://californiawatch.org/dailyreport/prosecutors-opposition-could-limit-release-third-strike-inmates-18755\" target=\"_blank\">California Watch\u003c/a>\u003c/em>\u003c/p>\n\u003cp>State inmates serving life terms are starting to file resentencing petitions with local judges following the passage of Proposition 36, the ballot measure that overhauls California's controversial three strikes law. But opposition from local prosecutors and other factors could limit the number of qualifying inmates who actually get released.\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/107515794.jpg\">\u003cimg class=\"alignleft size-medium wp-image-36359\" title=\"Supreme Court To Rule On California's Overcrowded Prisons\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2011/08/107515794-300x202.jpg\" alt=\"\" width=\"300\" height=\"202\">\u003c/a>Scott Thorpe, CEO of the California District Attorneys Association, said his organization is recommending that district attorneys file subpoenas for the prison records of inmates seeking a resentencing hearing so they can scrutinize everything from the offenders’ health and psychological profile to their participation in rehabilitation programs.\u003c/p>\n\u003cp>“We’re arguing that everything should be taken into consideration,” he said. “If they haven’t taken advantage of programs that were available to them, we’re saying that’s a relevant fact in determining whether this is a responsible person to go out into society.\"\u003c/p>\n\u003cp>Prop. 36 allows sentence reductions for inmates convicted under the original 1994 law if their third strike was not a serious or violent felony (as defined by the California Penal Code) and their prior convictions did not include rape, murder, child molestation or other grave crimes. \u003c!--more-->Some 2,800 inmates serving life terms could be eligible for shorter sentences or release under the measure, according to \u003ca href=\"https://www.documentcloud.org/documents/541374-prop36countyestimates.html\" target=\"_blank\">data\u003c/a> from the state Department of Corrections and Rehabilitation. Of those offenders, nearly 70 percent originally were sentenced in five counties: Los Angeles, Kern, San Bernardino, Riverside and San Diego.\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>Resentencing is not automatic. The measure gives judges discretion to consider a host of factors to determine whether an offender poses an “unreasonable risk” to public safety and should remain in prison. Those factors include the types of previous crimes, injuries to victims, lengths of prior prison terms, disciplinary and rehabilitation records in prison, and any other evidence the court deems relevant.\u003c/p>\n\u003cp>Opponents of Prop. 36 have argued that the measure was unnecessary because judges already have discretion to impose lighter sentences. They also criticized the initiative for allowing inmates who committed violent crimes prior to their final strike to qualify for possible release.\u003c/p>\n\u003cp>Thorpe said the measure is putting a heavy burden on prosecutors to pull together all the pertinent records to determine the level of risk an offender poses.\u003c/p>\n\u003cp>“The district attorneys have that responsibility for saying, ‘Hey, this guy is or is not a danger to public safety,' ” he said.\u003c/p>\n\u003cp>Public defenders' offices around the state also are bracing for a heavy workload, especially if a large number of petitions are challenged.\u003c/p>\n\u003cp>\"The costs could grow significantly,\" said Laura Hoffman, chief deputy public defender for San Bernardino County.\u003c/p>\n\u003cp>Prop. 36 provides little guidance on how the petition process should be conducted, though it specifies that inmates must file their petitions by November 2015. In recent weeks, prosecutors and defense attorneys around the state have been working with corrections officials to create a system to locate, copy and transfer inmates' prison records to local courts assigned to evaluate the petitions.\u003c/p>\n\u003cp>In some cases, the records go back decades and are kept only on paper. In San Bernardino County, prosecutors have filed subpoenas seeking records on 16 inmates, according to corrections spokeswoman Terry Thornton.\u003c/p>\n\u003cp>Santa Clara County District Attorney Jeff Rosen, who publicly supported Prop. 36, said his office also is requesting prison records for all third-strike inmates seeking new sentences. Rosen said that of the 120 to 130 inmates who likely will qualify under the measure, more than half could win reduced sentences, leaving a significant minority that will remain behind bars for the duration of their terms.\u003c/p>\n\u003cp>“I believe that Proposition 36 balances individual fairness with public safety,” Rosen said.\u003c/p>\n\u003cp>District attorneys in Orange and Kern counties declined to comment on how they were implementing Prop. 36.\u003c/p>\n\u003cp>But lawyers representing third-strikers expressed concern that challenges over prison records could create a bottleneck in the petition process and long delays for some inmates who are eligible for release. Michael Romano, a Prop. 36 co-author who directs a law clinic at Stanford University, said another challenge is ensuring that every inmate who qualifies under the statute receives adequate representation and has a transition plan for life after prison.\u003c/p>\n\u003cp>\"Their lives are on the line,\" he said. \"This is their last, best chance of getting out of prison, reuniting with their families and getting to put their lives back together.\"\u003c/p>\n\u003cp>While some petitions might be unopposed, Romano said, a \"large number of cases are going to be contentious.\"\u003c/p>\n\u003cp>\"We are not expecting that prosecutors are going to roll over,\" he said. \"We are loading for bear.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003ciframe width=\"640\" height=\"600\" scrolling=\"no\" frameborder=\"no\" src=\"https://www.google.com/fusiontables/embedviz?viz=MAP&q=select+col2%3E%3E1+from+1cEbJ3xTeC-5ETWGdFnF2vMPAGq-i67SRK239Ybk&h=false&lat=37.29922349623006&lng=-119.65726290624995&z=6&t=1&l=col2%3E%3E1&y=5&tmplt=2\">\u003c/iframe>\u003cbr>\n\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/prisonersforrelease-key.jpg\">\u003cimg src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2012/12/prisonersforrelease-key.jpg\" alt=\"\" title=\"prisonersforrelease-key\" width=\"630\" height=\"100\" class=\"aligncenter size-full wp-image-83409\">\u003c/a>\u003cbr>\n\u003cem>Michael Montgomery is an investigative journalist for \u003ca href=\"http://californiawatch.org/\">California Watch\u003c/a> and KQED News\u003c/em>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/83363/prosecutors-opposition-could-limit-release-of-third-strike-inmates","authors":["236"],"programs":["news_6944"],"categories":["news_6188"],"tags":["news_1471","news_3611","news_1331"],"label":"news_6944"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2023/08/possible-5gxfizEbKOJ-pbF5ASgxrs_.1400x1400.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. Michel Martin hosts on the weekends.","airtime":"MON-FRI 1pm-2pm, 4:30pm-6:30pm\u003cbr />SAT-SUN 5pm-6pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2021/10/ATC_1400.jpg","officialWebsiteLink":"https://www.npr.org/programs/all-things-considered/","meta":{"site":"news","source":"npr"},"link":"/radio/program/all-things-considered"},"american-suburb-podcast":{"id":"american-suburb-podcast","title":"American Suburb: The Podcast","tagline":"The flip side of gentrification, told through one town","info":"Gentrification is changing cities across America, forcing people from neighborhoods they have long called home. Call them the displaced. Now those priced out of the Bay Area are looking for a better life in an unlikely place. American Suburb follows this migration to one California town along the Delta, 45 miles from San Francisco. 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We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. 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Is it the officers, or the public they've sworn to serve?","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/01/OOW_Tile_Final.png","imageAlt":"On Our Watch from NPR and KQED","officialWebsiteLink":"/podcasts/onourwatch","meta":{"site":"news","source":"kqed","order":"1"},"link":"/podcasts/onourwatch","subscribe":{"apple":"https://podcasts.apple.com/podcast/id1567098962","google":"https://podcasts.google.com/feed/aHR0cHM6Ly9mZWVkcy5ucHIub3JnLzUxMDM2MC9wb2RjYXN0LnhtbD9zYz1nb29nbGVwb2RjYXN0cw","npr":"https://rpb3r.app.goo.gl/onourwatch","spotify":"https://open.spotify.com/show/0OLWoyizopu6tY1XiuX70x","tuneIn":"https://tunein.com/radio/On-Our-Watch-p1436229/","stitcher":"https://www.stitcher.com/show/on-our-watch","rss":"https://feeds.npr.org/510360/podcast.xml"}},"on-the-media":{"id":"on-the-media","title":"On The Media","info":"Our weekly podcast explores how the media 'sausage' is made, casts an incisive eye on fluctuations in the marketplace of ideas, and examines threats to the freedom of information and expression in America and abroad. 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