With time ticking down on his final term, Simi Valley Mayor Paul Miller warned recently of a problem that local cities-and future city councils-will have to grapple with, one that could have far-reaching impacts.
That problem is the potential early release of 40,000 inmates in California over a two-year period coupled with an ongoing program that releases parolees into local communities without supervision.
On Nov. 4, Miller and other local city leaders attended a meeting of the Ventura Council of Governments (VCOG), and during the session they discussed prisoner reentry and what it could mean for all Ventura County cities.
"What this means is these folks are being sent back into the community with really no services," Miller said at the Nov. 15 meeting of the Simi Valley City Council. "They assume that the bulk of these people will reoffend and be back in custody again, so it's going to be like a revolving door," Miller said.
Early prisoner release
Due to overcrowding in state prisons, a special panel of three judges issued a prisoner release order last year mandating California to decrease the state prison population by more than 40,000 over a two-year period.
State legislators, district attorney offices and law enforcement officials challenged the release order and in June, the U.S. Supreme Court agreed to hear an appeal.
Though the outcome is uncertain, local officials are beginning to prepare for what may come.
"Nobody getting out early is a good idea. I understand there are limitations with the capacity in that but . . . the recidivism rate is way too high," said Simi Police Capt. John McGinty. "It's going to adversely affect the quality of life in this community."
The Ventura County Sheriff's Department shares that concern.
"There could be a really bad situation if the state drastically implements it, if they try to get as many people out as quickly as they can," said Capt. Ross Bonfiglio, public information officer for the sheriff's department.
Neither the state nor the county has the funds to build more prison facilities.
"It's kind of passing the buck around, from the state down to the local government, and certain cities might be more impacted than others," Bonfiglio said.
The greatest concerns are that the early release of thousands of inmates will increase local crime and put a strain on county jails.
While the released prisoners would be nonviolent offenders, McGinty said, the majority are narcotics offenders, who wouldn't be required to prove they're clean. And narcotic use and property crimes-the county's biggest problem-go hand in hand, he said.
"We're just making victims in our community as far as theft-related crimes."
Bonfiglio agreed, adding that even "low-level" offenders are in prison for a reason: They have "screwed up" multiple times.
Non-revocable parole
While the decision to release 40,000-plus inmates is on hold, one program also aimed at reducing the prison population-and in turn easing the burden on the state budget-has been in effect since January.
A law authorizing the placement of parolees on non-revocable parole (NRP) was enacted in October 2009 and went into effect Jan. 25. NRP is a nonsupervised version of parole where parolees do not report to a parole agent.
Sex offenders, serious or violent felons, validated prison gang members and associates, and those who pose a "high risk" to reoffend are not eligible for NRP.
According to the state Department of Corrections and Rehabilitation, the NRP program has several benefits, including removing low-level offenders from parole supervision, allowing the state to focus on the most serious and violent parolees.
The program also reduces the number of parolees returned to custody for parole violations and reduces the need for bed space in county jails and state prisons.
Though non-revocable parolees are not supervised, they are still subject to being searched at any time. The problem, law enforcement officials say, is that police must establish a fresh crime to put them back in jail.
Bonfiglio said this can create a problem for the justice system. He said that typically, if prosecutors know they can send someone back to prison on a parole violation, they will go that route to save time and money, particularly if the new crime is difficult to prove.
But prosecutors will have to go through the trial process to send non-revocable parolees back to prison, which could mean more people sitting in already-crowded county jails waiting for a hearing, Bonfiglio said.
The captain said he doesn't appreciate the state selling the program as "a good thing," especially since it will ultimately create more work for local agencies who have to keep tabs on parolees who should be under state supervision.
Unlike with early prison release, non-revocable parolees don't necessarily get out early. But McGinty expects a "significant number" of the 40,000 would be on NRP.
Dealing with the impacts
Tom Cady, a retired assistant police chief from Oxnard and president of TKC Enterprises, the consultant that conducted the feasibility study on prison reentry that was presented to VCOG, said the issue is how to deal with the criminals returning to the community.
Miller, a former police chief himself, said city leaders and law enforcement need to be "vigilant" in keeping track of and checking in with parolees in the community, even those without a "parole tail."
This is especially important, Cady said, since the state isn't keeping any data on crimes committed by non-revocable parolees released into the community.
Cady, who teaches criminal justice at Cal Lutheran, said that in California, 95 percent of all prison inmates are eventually released, and two-thirds of those are rearrested.
In addition to keeping tabs, Cady said, local agencies need to make sure parolees get the services they need to ensure they are reintegrated into society and don't reoffend. For non-revocable parolees, incentives would need to be offered to join these programs, since they wouldn't be required.
While Miller believes it's the state's responsibility to provide these services, he said it behooves local government to find ways to assist these former prisoners in an effort to keep communities safe.
Non-revocable parolees as of Nov. 12, 2010 statewide: 15,296 Ventura County: 239