SCDSA_letter_RE_Early_Release_of_Inmates.pdf

There has recently been a great deal of discussion regarding the changes to sentencing guidelines allowing incarcerated inmates to earn additional credits for time served allowing them to only serve half their sentence as opposed to their previous mandate to serve 2/3 of their sentence.

SB18XXX states “Credits create an incentive for inmates to participate in programs while in prison which in turn reduces recidivism. Specifically, this legislation (a) provides consistent day for day credit earning status for offenders currently eligible for earning day for day credit in both jail and prison; (b) authorizes the department to award enhanced credits (up to 6 weeks) for the completion of rehabilitation, education, and vocation programs in prison; (c) authorizes the department to extend existing enhanced credits for fire camp inmates (two days for one day) to inmates waiting to be transferred to a fire camp (d) provides for day for day credits for inmates serving jail terms.”

The bill also states, “Low and moderate risk offenders with non-serious, non-violent, and non sex offenses will be placed on a less intensive supervision and will not be subject to parole revocation.” Of course, in regard to parole this only applies to inmates released from prison and while it states only low and moderate risk offenders will be eligible, they are not referring to those currently serving sentences in the county systems.

Penal Code 4019, identifies that sentencing guidelines be applied to all those sentenced to county facilities, such as the county jails, industrial farms, road camps, or city jails.

SB18XXX simply changes PC 4019 to mandate the release of inmates upon completion of 50% of their sentence. It does not differentiate between offenders being released are either non violent or low risk to society. They only adjust the sentence of the individual currently incarcerated for his current crime and sentenced to a county facility. No where in this particular legislation do I read that the enhanced “good” time credit only be applied to non-violent offenders currently incarcerated in the county jail systems.

SB18XXX and PC 4019 are not working alone in ensuring the early release of such “non-threatening” inmates. Jan Scully recently suggested many misdemeanor crimes would not even be reviewed by her office for prosecution in order to cut costs due to their own budget constraints. Those reviewed and prosecuted rarely result in any kind of jail time. Those actually serving county jail time are those individuals who committed felonies, were arrested for felonies, but were ultimately offered a plea deal from the district attorney where their crimes were re-classified as misdemeanors. Even burglary,
assault with a deadly weapon and domestic violence can later be reduced to misdemeanors in a plea arrangement between the district attorney, the public defender and the court. These are the people being released from the county jail.

The implication is these inmates are sentenced to “county time” because their crimes are for misdemeanors. When we hear “misdemeanor” the general public is being duped into believing these individuals are not a threat to society. The reality is from time to time; even those previously convicted of murder and rape cross over and commit crimes such as petty theft or drug possession. The citizens of Sacramento County are not getting the whole story. They are being fed portions over the course of months until one day these inmates are released into their communities (as happened this week). As the economy in Sacramento County stands it is unlikely many of these individuals will have jobs waiting for them on the outside and since doing time in jail is simply part of their lifestyle all these new guidelines serve is to lessen their incarceration time and give them more time to come into our homes and business, take what doesn’t belong to them, or prostitute the young and desperate, and ultimately continue their substance abuse lifestyle. Sacramento County citizens are being fooled to believe those being released are poor decrepit drug addicts who only hurt themselves and the middle class kleptomaniac who stole from Wal Mart. The drug addict is stealing from your home and robbing the neighborhood AM/PM to support their habit and the one time shoplifter never even sees the inside of the jail. Those being prosecuted are those who have made a living out of stealing from retailers. The loss to corporations like Target and Wal Mart ultimately gets passed down to the consumer.

The national recidivism rates consistently run between 65% and 70%. It goes without saying that our already depleted Sheriff Department staffing as well as those city departments within the county, will be working harder with 500 or more inmates released onto our streets. The residents and tax payers will be the ones to pay the price for these policies, our government officials know it which is why it is being done quietly and quickly.


Sincerely,

SACRAMENTO COUNTY
DEPUTY SHERIFFS’ ASSOCIATION

Kevin Mickelson
President