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Results for public safety realignment (california)

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Author: Weisberg, Robert

Title: Assessing Judicial Sentencing Preferences After Public Safety Realignment: A Survey of California Judges

Summary: Public Safety Realignment ("AB 109") made drastic changes to California's criminal justice system by transferring authority for the supervision of most non-violent, nonserious, and non-sexual offenders from the state to the 58 counties. This study aims to better examine the perceived effect of AB 109 on Superior Court (trial) judges in California who sentence offenders. Through the use of a modified factorial survey, we queried judges on their sentencing choices between felony probation and new California Penal Code 1170(h) county jail sentences. We received responses from 112 judges throughout California, representing 35 counties or 96% of the state population, including the 10 most populous counties in California. The responses revealed judicial preferences that emphasize a desire to deploy sentencing to manage offenders. The preferences generally aim at a combination of a "taste of jail" and rigorous community supervision, whether that is a traditional felony probation sentence or an 1170(h) split sentence. Our study found that more than half of judges surveyed preferred to give an 1170(h) sentence over a felony probation sentence, except when the judge was aware of an offender's substance abuse problem or mental illness, or when the judge was trying to lengthen the period of incarceration or mandatory supervision. In addition, when judges chose an 1170(h) sentence, they selected a split sentence over a straight jail sentence almost half the time. However, among judges who chose split sentences, there was a tremendous variation in the chosen fraction as between jail time and supervision. Drawing from our findings, we strongly recommend that the California Legislature and/or the California judiciary clarify the relationship between traditional felony probation and an 1170(h) split sentence, and develop guidance and consensus on when and how to use split sentences. In addition, counties should enhance and increase the availability of effective community-based treatment resources, because improved treatment programs will likely increase judges' confidence in embracing these sentencing options.

Details: Stanford, CA: Stanford Law School, Stanford Criminal Justice Center, 2014. 142p.

Source: Internet Resource: Accessed July 25, 2014 at: https://www.law.stanford.edu/sites/default/files/publication/443996/doc/slspublic/Judges%20Report%20Feb%2028%202014%20Final.pdf

Year: 2014

Country: United States

URL: https://www.law.stanford.edu/sites/default/files/publication/443996/doc/slspublic/Judges%20Report%20Feb%2028%202014%20Final.pdf

Shelf Number: 132779

Keywords:
Corrections
Criminal Justice Policy
Criminal Justice Reform
Judges
Prison Overcrowding
Probation
Public Safety Realignment (California)
Sentencing

Author: Petersilia, Joan

Title: Voices From the Field: How California Stakeholders View Public Safety Realignment

Summary: Passage of California's Public Safety Realignment Act (AB 109) initiated the most sweeping correctional experiment in recent history. Launched on October 1, 2011, Realignment shifted responsibility for most lower-level offenders from the state to California's 58 counties. By mid-2013, more than 100,000 felons had been diverted from state prison to county jail or probation. This report summarizes the results of interviews conducted with California stakeholders responsible for implementing the law. Over the past nine months, Stanford Law School researchers conducted 125 interviews in 21 counties to produce a snapshot of how California is faring under Realignment so far. We talked with police, sheriffs, judges, prosecutors, defense attorneys, probation and parole agents, victim advocates, offenders, and social service representatives. Our goal was to determine how Realignment had influenced their agency's work and what changes they would make to the law. Our interviews revealed a justice system undergoing remarkable changes, arguably unprecedented in depth and scope. Stakeholders' opinions varied widely, and their comments reflected their role in the system more than the county they represented. Overall, probation officials were the most enthusiastic champions of Realignment, welcoming the momentum the legislation provided their rehabilitation focus. Probation departments have opened day reporting centers, expanded the use of risk assessment tools, and worked hard with community partners to establish quality evidence-based programs for offenders. Public defenders are also optimistic but expressed concerns about the longer county jail terms their clients face and the conditions under which they are served. Conversely, prosecuting attorneys generally gave Realignment negative reviews, lamenting their loss of discretion under the law. Judges expressed mixed opinions, although most were concerned about a loss of discretion and said AB 109 had greatly increased the courts' workload. Law enforcement-both front line police and sheriffs-varied more than any other group in their assessment of Realignment, with their opinions largely influenced by local jail capacity. While most police applauded the spirit of Realignment, including the expansion of local control and treatment options for offenders, all of those interviewed worried about declining public safety. Sheriffs were challenged by overloaded county jails, which in many counties have been strained by a flood of inmates and a tougher criminal population that has increased the likelihood of jail violence. Sheriffs also noted that longer jail stays were challenging their ability to provide adequate medical and mental health care, and that crowding was forcing them to release some offenders early. On the positive end of the spectrum, most stakeholders said Realignment had spawned increased collaboration at all levels of the criminal justice system and a more holistic view of offender management.

Details: Stanford, CA: Stanford Law School, Stanford Criminal Justice Center, 2014. 244p.

Source: Internet Resource: Working Paper: Accessed July 28, 2014 at: https://www.law.stanford.edu/sites/default/files/publication/443439/doc/slspublic/Petersilia%20VOICES%20no%20es%20Final%20022814.pdf

Year: 2014

Country: United States

URL: https://www.law.stanford.edu/sites/default/files/publication/443439/doc/slspublic/Petersilia%20VOICES%20no%20es%20Final%20022814.pdf

Shelf Number: 132783

Keywords:
Criminal Justice Policy
Criminal Justice Reform
Prison Overcrowding
Public Safety Realignment (California)

Author: Males, Mike

Title: California's 58 Crime Rates: Realignment and Crime in 2012

Summary: California must reduce its prison population to 137.5 percent of rated capacity (approximately 110,000 individuals), due to a court-ordered mandate. One measure to achieve an institutional population reduction was the adoption of Public Safety Realignment, under Assembly Bill (AB) 109, in October 2011, whereby counties assumed responsibility for individuals convicted of low-level, nonviolent, non-sexual offenses who might have previously been sent to state prison. Counties also are responsible for managing said individuals who are released from prison on Post Release Community Supervision (PRCS). California's crime rate increased slightly in 2012. Previous CJCJ analysis found no correlation between the crime rate increase and Realignment (CJCJ, 2013a), and the purpose of this publication is to analyze newly available data for 2012. This report further addresses recent research by the Public Policy Institute of California (PPIC, 2013) that concluded Realignment was associated with an increase in property offenses, particularly motor vehicle theft, but not violent offenses in the first year of the policy. The present analysis finds California's 58 counties vary dramatically in their implementation of Realignment and in their respective crime rates. There are no conclusive trends demonstrating a causal relationship between Realignment and crime, even among counties in close geographic proximity. Additionally, there may be non-Realignment factors that inform an increase in certain crimes. Given this varied implementation, some counties continue as models for innovative policies worthy of recognition and replication.

Details: Sacramento: Center on Juvenile and Criminal Justice, 2014. 9p.

Source: Internet Resource: Accessed July 31, 2014 at: http://www.cjcj.org/uploads/cjcj/documents/CJCJ_2014_Realignment_Report.pdf

Year: 2014

Country: United States

URL: http://www.cjcj.org/uploads/cjcj/documents/CJCJ_2014_Realignment_Report.pdf

Shelf Number: 132851

Keywords:
Crime Rates
Crime Statistics
Criminal Justice Policy
Criminal Justice Reform
Prison Overcrowding
Public Safety Realignment (California)