California Posed to Reform Criminal Justice

Come November, California voters will get the opportunity to vote yes on Proposition 47. The proposed legislation would be beneficial for everyone -- residents, defendants, and inmates. As a criminal defense lawyer, I get to see everyday how our criminal justice system needs urgent reform.

A short while ago, the United States Supreme Court ordered that California lower its prison population. The harsh three-strikes law implemented 20 years ago led to a surge in incarceration. Also troublesome was the severity of non-violent crimes like: petty theft, fraud, forgery, and most drug crimes.

The proposition on the ballot will help allay some of these problems. First, it will mandate that a large amount of non-violent crimes be charged as a misdemeanor instead of a felony. This will ensure that individuals involved in a theft, in an amount under $950, and other individuals involved in personal drug crimes, will not face prison time. They will face jail time instead.

Reclassifying some felonies to misdemeanor will help but Proposition 47 does more. It will directly allow already incarcerated individuals apply for relief if they are eligible. Thus, those individuals already in prison for possibly stealing an item less than $950, and where violence was not involved, could be released. This will alleviate some overcrowding.

The savings derived from the release of inmates will benefit the community at large. Money from the budget will not go towards overcrowded prisons. Instead, all of the savings will be used for mental health programs in California. People who have struggled with substance abuse will be able to seek out help. Those that need counseling will receive it. These preventive measures do far more than mass incarceration to decrease recidivism.

Opponents cannot claim that Proposition 47 will lead to more violence because the reforms will only impact those who are involved in a non-violent crime. Further, the proponents of the reform make some great arguments, both legal and moral.

One of the biggest backers of Proposition 47 is a conservative Christian who believes in redemption and forgiveness. He was encouraged by prison ministries, a non-profit organization founded by Chuck Colson to help inmates readjust to non-prison life. Mr. B. Wayne Hughes Jr. wants to use his wealth to do good for those who are trying to change their lives for the better.

I encourage you to vote yes on Proposition 47. Further, if you want a consultation with respect to a criminal charge that may be impacted by this legislation, I welcome your calls. 

California Prison Reform

Governor Brown challenges California prison reform

For decades, California’s prison system has been out of compliance with basic human rights requirements. Over the last 10 years, the system has been operating near 200% of its design capacity. This severe overcrowding has led to a litany of abuses from grossly inadequate healthcare, to the virulent spread of infectious disease, to a stunningly high suicide rate among inmates. Long under Federal receivership, California’s inmate mental health system is an abject failure. Combined with the rampant use of constitutionally questionable variations on solitary confinement, these failures have played a significant role in California’s inmate suicide rate. With an average of 24 suicides per 100,000 prisoners, the State sits well ahead of the national average of 16 suicides per 100,000 prisoners.

Solitary confinement

Amnesty international released a report in September of 2012 describing California’s practice of caging inmates in solitary housing units (SHUs) as a blatant violation of both the 8^th Amendment’s prohibition against cruel and unusual punishment and international laws on the treatment of humanity. Mental health experts warn that SHUs should be an option only of last resort because even a few days under such conditions cause severe trauma. In 2011, California was host to over 500 inmates housed in solitary confinement for over 10 years; some of them only children when first incarcerated others with significant and well known mental health problems.

Slow legal response

In response to these, and many other issues, a number of human rights organizations filed suit on behalf of prisoners seeking federal intervention. In 2011, after a tortuous legal battle spanning many years, the Supreme Court upheld a lower court decision requiring California to reduce its prison population to 137% of capacity by June 2013. This ruling lead to the current realignment crisis under which the state has been shifting prisoners from state facilities to county jails and borrowing from county funds to cover state prison costs. Political backlash last year stalled this effort and put pressure on Governor Brown to challenge the court order. In March, a Federal judge denied the Governor’s petition to have the prison order terminated; leading Brown to publicly state that he would again take the case all the way to the Supreme Court rather than continue to comply with the 2011 order.

What you can do now

In the meantime, California’s prison population continues to suffer under difficult conditions, sometimes in violation of the Constitution, international law, and a direct Supreme Court order. While the legal wrangling continues at the state and national level, I am working hard to secure remedies for individuals. By filing Petitions for Writ of Habeas Corpus, I can sometimes challenge an inmate’s confinement in state or federal prison.

If you or a loved one is currently incarcerated in California’s broken system, do not wait on a political solution for reform. While I remain optimistic that reform will be implemented, legal rights should not be kept on hold in the meantime. Please, contact my office immediately to determine whether you can seek post-conviction relief. As Justice Kennedy stated in his 2011 opinion, even convicted criminals have basic rights to their humanity. I can help fight for yours.