Proposition 57 will reduce prison population; some say threatens public safety

A proposal before voters this November to make the state’s less-violent prisoners eligible for release sooner has widened the gulf between law enforcement and advocates of reducing prison overcrowding.

Proposition 57, developed by Gov. Jerry Brown, would allow inmates to earn credits for completing educational and rehabilitation programs. It would also allow judges - not prosecutors - to decide whether to try certain minors as adults.

The measure is seen as a third step toward complying with a federal court order to reduce the state prison population, which now stands at about 128,000 inmates. Two previous measures, Proposition 47 in 2014, which reduced some felonies to misdemeanors, and a statewide prison realignment shifting inmates from prison to county jails in 2011 led to a drop in state prison rolls of tens of thousands of people.

Now, Brown is hoping voters will back the latest effort, which he said will free prison space for the most violent offenders while saving the state tens of millions of dollars. An estimated 7,000 inmates would be immediately eligible for consideration, officials said.

“I think it’s a positive step in the right direction,” said David Koch, Sonoma County’s chief probation officer. “It provides incentives to inmates to participate in programs to reduce recidivism.”

But the county’s law enforcement leaders oppose Proposition 57, saying its passage will threaten public safety. Cotati police Chief Michael Parrish, president of Sonoma County Law Enforcement Chiefs Association, said some inmates eligible for release are anything but nonviolent. The proposal allows participants to include those convicted of crimes including rape of an intoxicated person, vehicular manslaughter, domestic violence causing trauma and human trafficking involving sex with minors.

Parrish said the previous prison-crowding measures have led to a double-digit spike in crime. He called Proposition 57 the “third strike against the safety of Californians.”

“How do we survive realignment, Proposition 47 and now this?” Parrish said. “It’s not fair for our state.”

His concern is echoed by District Attorney Jill Ravitch, who estimated hundreds of inmates from Sonoma County would become eligible for parole. Among them would be Petaluma Ponzi-schemer Aldo Baccala, who was sentenced to 20 years in prison in 2014 for defrauding real estate investors of $15 million. If Proposition 57 passes, he could apply to be released in three years, a Ravitch spokesman said.

“It’s just poorly thought out,” Ravitch said. “In the rush to the ballot box, I think the author has failed to look at the implications here.”

Other criticisms are that it would treat career criminals the same as first-time offenders and roll back certain provisions in victims’ rights legislation.

Ravitch said it comes at a time of increased calls for police service and the failure of Proposition 47 to deliver on promises to devote money to public safety.

“You have to peel back all this political nuancing and look at the reality of situation, which is that violent offenders going to be released,” Ravitch said.

Under the proposal, inmates serving time on nonviolent felonies shall be eligible for Board of Parole consideration after completing the full term of their primary offense. To be granted release, inmates must demonstrate they are rehabilitated and do not pose a danger.

The measure is expected to cost counties a few million dollars annually.

Public Defender Kathleen Pozzi, who supports Proposition 57, said it will prepare inmates for their return to society while cutting about a third off sentences for offenses including marijuana trafficking and theft.

She accused opponents of mischaracterizing some who would be released as too dangerous based on their prior convictions.

“The violent behavior happened in the past,” Pozzi said. “It’s not the offense they are currently in on.”