The thousands of “nonviolent” prisoners being released when Prop 57 (The Public Safety and Rehabilitation Act) passes. Of course the Governor, who pushed the proposition onto the ballot, neglected to define what a nonviolent offender actually is.
The following crimes are considered “nonviolent” for purposes of Prop 57
·Assault with a deadly weapon resulting in serious bodily injury (shooting, stabbing, etc)
·Battery with serious bodily injury
·Solicitation to commit murder
·Domestic violence
·Inflicting corporal injury on a child
·First degree burglary (if nobody is home)
·Rape/sodomy/ oral copulation of an unconscious person or by use of a date rape drug (“Boys will be boys” AKA Brock Turner from Stanford )
·Human trafficking involving a minor
·Hate crimes
·Arson of forest land causing physical injury
·Assault with a deadly weapon on a Peace Officer
·Active participation in a street gang
·Exploding destructive device w/intent to cause injury (Boston Bombing, Unabomber, etc)
So why is the Governor pushing this? He has stated that he feels badly that when he was in office the first time that several “tough on crime” laws were passed (3 strikes, etc.) and that as a result that so many people are spending most of their lives in prison. He has also said that it is the community’s job to rehabilitate offenders not the State’s.
So how will the passing of Prop 57 cause the release of thousands? Here in California we have enhancements that can add extra time to the base sentence. For example, a crime might have a triad of 3, 5, or 7 years (low, middle, upper term) as the base sentence. If you have previously been sent to prison your sentenced is increased by a year, if you have been previously convicted of a “strike” prior (violent felony) your sentence is doubled. Multiple victims also increase your sentence. Individuals convicted of violent crimes have to do 85% of their sentenced time. If convicted of nonviolent crimes, individuals only have to complete 50% of there sentences.
All of the “enhancements” fall off retroactively when 57 passes for those convicted of the “nonviolent” crimes listed above effectively meaning that they are only being held on the base charge. Due to the backlog created by too many defendants and not enough courtrooms most serious felony trials usually take over a year or more to go to trial. So for example, someone that receives a 3 year sentence would only do 18 months and if the have already spent 1 year in custody they would effectively only do 6 months in prison.
The Public Safety and Rehabilitation Act really doesn't sound like it will improve public safety to me. However, I'm just a potential victim so what do I know?
The following crimes are considered “nonviolent” for purposes of Prop 57
·Assault with a deadly weapon resulting in serious bodily injury (shooting, stabbing, etc)
·Battery with serious bodily injury
·Solicitation to commit murder
·Domestic violence
·Inflicting corporal injury on a child
·First degree burglary (if nobody is home)
·Rape/sodomy/ oral copulation of an unconscious person or by use of a date rape drug (“Boys will be boys” AKA Brock Turner from Stanford )
·Human trafficking involving a minor
·Hate crimes
·Arson of forest land causing physical injury
·Assault with a deadly weapon on a Peace Officer
·Active participation in a street gang
·Exploding destructive device w/intent to cause injury (Boston Bombing, Unabomber, etc)
So why is the Governor pushing this? He has stated that he feels badly that when he was in office the first time that several “tough on crime” laws were passed (3 strikes, etc.) and that as a result that so many people are spending most of their lives in prison. He has also said that it is the community’s job to rehabilitate offenders not the State’s.
So how will the passing of Prop 57 cause the release of thousands? Here in California we have enhancements that can add extra time to the base sentence. For example, a crime might have a triad of 3, 5, or 7 years (low, middle, upper term) as the base sentence. If you have previously been sent to prison your sentenced is increased by a year, if you have been previously convicted of a “strike” prior (violent felony) your sentence is doubled. Multiple victims also increase your sentence. Individuals convicted of violent crimes have to do 85% of their sentenced time. If convicted of nonviolent crimes, individuals only have to complete 50% of there sentences.
All of the “enhancements” fall off retroactively when 57 passes for those convicted of the “nonviolent” crimes listed above effectively meaning that they are only being held on the base charge. Due to the backlog created by too many defendants and not enough courtrooms most serious felony trials usually take over a year or more to go to trial. So for example, someone that receives a 3 year sentence would only do 18 months and if the have already spent 1 year in custody they would effectively only do 6 months in prison.
The Public Safety and Rehabilitation Act really doesn't sound like it will improve public safety to me. However, I'm just a potential victim so what do I know?
