We have a real problem with overcrowded jails here in California. In southern Cal, the Federal government is now releasing inmates from the county jail facilities to make room for the next wave of convicted law breakers, on at least one day a week.
They only release the non-violent offenders back into the streets. This group, for the most part, are people doing time for under the influence of drugs and possession crimes. Also includes DUI suspects, commercial burglary, (residential burglary is considered a violent offense) possession of stolen property etc.
Violent offenders are not eligible for the federal kick and will do at least two thirds of their sentence, So the short tempered angry crowd makes up most of this group. wife/husband beaters, assault convictions, possession of destructive devices, car jacking, stalkers, sexual crimes etc.
Many of the Judges are not pleased with the situation since it has basically taken the power to punish as they see fit, out of their hands. I heard one judge make the comment that he may as well write the sentence on a piece of toilet paper and flush it because that's how much consideration is given to their rulings.
However, they are trying to work around this situation . There is one case I can use as an example as I have personally followed it through the whole process. It involved a relative who plead guilty to commercial burglary. The crime itself was removing money from a vending machine.
This person was originally sentenced to 210 days county time. The judge specified that the person was to serve at least sixty days straight time before becoming eligible for home arrest, work release or weekend custody.
Because the judge wasn't sure if his mandatory sixty day straight time ruling would fly, he scheduled a date that the case would again be on the calendar, where the defendant, defendant's council and the prosecution were to appear before the bench for a "modification of sentence" hearing.
This was
Held in his court room in a little over sixty days, for the purpose of learning just how many days were actually served and then proceed accordingly.
It turns out, that the person received a federal release after serving only twenty eight days in custody. Following some discussion, the Judge decided that this person was to serve the remaining 180 days on the work release program, working a minimum of two days per week.
Here's the kicker, he re-sentenced the defendant to one year four months state prison, with the sentence suspended on the conditions set forth for his probation. This was done as a deterrent so the defendant wouldn't fail to do the 180 day work release.
Because so many people end up not showing up for their work release program, which lands them back in county jail, only to end up with them serving another week or two before receiving another federal release.
Now the defendant was looking at a year and a half sentence in state prison for not fulfilling his work release obligations. So far, the defendant has not had any missed days of work release
