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01
Mar 2010
Bill to limit early release to state prisons

A state Assemblyman has introduced legislation to ensure that a recently enacted law allowing the early release of nonviolent offenders would only apply to state prisons, not county jails.

The original law, a cost-saving measure that officials expect will allow about 6,500 state prisoners to be released early over the next year, has caused confusion at the local level and prompted several lawsuits. Assemblyman Alberto Torrico, D-Fremont, said his proposal will make it clear that the early release provision is only meant to alleviate overcrowding at state prisons.

"It's not meant to apply to local inmates, period," he said. "We are dealing with a state crisis."

The law took effect Jan. 25 but has had widely different impacts from county to county because sheriffs interpreted the law differently. Some read its most controversial provision - which awards nonviolent inmates a six-month credit reduction for every six months served - to apply retroactively, while others only applied the so-called day for day credit for time served after Jan. 25.

San Francisco, for example, only released a handful of inmates, while Sacramento County has released hundreds. The Deputy Sheriffs' Association in Sacramento filed a suit against the sheriff contending the releases were illegal; a similar suit was filed in Orange County. Eventually, Attorney General Jerry Brown weighed in, saying the law applies prospectively.

But Torrico said it was never intended to allow the early release of inmates at local jails. Assembly Bill 1395 will ensure that only state prisoners are affected by the law, he said, adding that he hopes for bipartisan support.

A crime victim advocacy group has also sued to overturn the entire law, contending that its early release provisions are unconstitutional and jeopardize public safety.

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