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19
Feb 2010
Felons were among the criminals released early

While many of the people released early from jail under a new state law were in for misdemeanors, vehicle code violations, and probation violations, there were also some felons and others convicted of serious crimes in the group.

A list of 309 names of people released early through Feb. 9 is filled with people who were in for unspecified probation violations, Health and Safety Code violations (usually drug related), and Vehicle Code violations (usually driving under the influence or unlicensed driving).


Prisoners cuffed together enter the Orange County Jail in Santa Ana after a court appearance. (Photo: Jebb Harris, The Orange County Register)

The law increases to one-half, from one-third, the time that an Orange County inmate can shave off his or her sentence for good behavior and completing other programs.

On Wednesday, The Orange County Register looked at the crimes of all 42 people released on the first day of the new program, which took effect Jan. 25.

Most of the others on the list were in for the same sort of crimes, but there were dozens of exceptions.

The most common violent crime among the remaining convicts released early was battery against a cohabitant, with seven cases, plus another two who violated restraining orders.

There were four people convicted of felony theft with a prior felony conviction who benefited from the early-release program.

Three people convicted of grand theft were released early

The group of people released after Jan. 25 included two convicted of assault, one of assault with a deadly weapon, and another doing time for battery.

Christopher Hernandez, 18, was convicted of assault with a deadly weapon after his arrest June 18 and sentenced to a year in jail. In return for his guilty plea, charges of carrying a concealed weapon, resisting arrest, and two counts of battery were dropped. He was released after 228 days in jail, or a few weeks earlier than he might have been under the old law.

Griselda Najera, 24, who was convicted of six felonies connected to burglary, served 213 days of a year sentence.

Ahmadumid Abdul Malik, a 20-year-old shop owner, was sentenced to 60 days in jail for felony grand theft. He was incarcerated Jan. 15 and released Jan. 30, although it's unclear whether he had credit for time served when he was first arrested.

Laveya Brown, 19, had 2 felony charges dismissed when she pleaded guilty to misdemeanor burglary. She was sentenced to 90 days in jail and served 49.

Michael Allen Cyr, 38, was sentenced to 30 days in jail for assault. In Orange County, he has 15 prior misdemeanor convictions, most of them since 2006, in addition to a felony and dozens of infractions. Most of his crimes are connected to public drunkenness. He served 18 days for the assault.

Most of the inmates released early, though, were convicted of lesser crimes. They generally had only a few days trimmed from the time they would have served under the old system of one day off for every two days of good behavior.

The new state law allows county inmates to reduce their sentences by as much as one day for every day served through additional credits for good behavior and completing other programs.

The maximum sentence in county jail is generally one year, so the most an inmate could reduce his or her sentence under the new law is an additional two months. For lesser sentences, the law might move up an inmate's release by only a few days.

The new law prevents inmates from being released early if they have been convicted of certain serious or violent felonies. Registered sex offenders are also not eligible to earn the additional credits.

Orange County was among about 20 counties statewide that decided to apply the law retroactively. That meant inmates earned additional credits for time served before Jan. 25, resulting in the release of 42 Orange County inmates on the day the law took effect.

On Tuesday, three weeks after the law took effect, California Attorney General Jerry Brown issued an opinion that it should not be applied retroactively. Based on that legal opinion, the Sheriff's Department has stopped giving credits under the law for time served before Jan. 25. However, inmates released based on retroactive credits won't be brought back to jail, sheriff's officials have said.

On Tuesday, the union that represents Orange County sheriff's deputies filed a lawsuit to stop the early releases from county jails. The lawsuit is modeled after one filed in Sacramento County, where a judge last week issued a temporary restraining order halting the releases. However, on Thursday, an Orange County judge declined to issue a temporary restraining order to block the releases here.

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