More Inmates Getting Second Chances in California

Sociologists and criminal justice experts say that the nation as a whole—and California, in particular—is in the midst of a pendulum swing regarding crime and punishment. For several decades, policies of harsh punishments and zero-tolerance laws have led to overcrowded prisons and lengthy sentences that did little to address underlying problems such as substance abuse or a lack of education. Today, the focus has changed quite a bit, as the need to reduce prison overpopulation has become evident. There are also more directed efforts at helping offenders to become productive members of society once again. Nowhere are these goals more evident than in the increasing rate of inmates being granted parole in the state of California.

A Significant Jump

Two decades ago, only 1 percent of California prison inmates with parole hearings were granted parole. In real numbers, 1 percent represented just 16 individuals. Ten years ago, the rate of granted parole had moved a little but was still under 2 percent of those who had hearings, with 119 prisoners being granted parole in 2007. Last year, more than 800 inmates qualified for parole—a full 16 percent of those who had parole hearings.

The bulk of the difference stems from Proposition 57, which California voters overwhelmingly supported last year. That measure renewed the strength of the state’s parole board and gave it more discretion to approve the early release of rehabilitated inmates.

The approval of Proposition 57 marked an interesting change of tune for Governor Jerry Brown. When he was first elected in 1977, Brown was instrumental in the creation of mandatory sentencing laws which limited the parole board’s authority. Now, however, he seems to realize that change was needed, and said that last year’s referendum allows convicted felons the chance to be re-evaluated once they have been given the opportunity to change their lives.

“Who Are You Today?”

Jennifer Shaffer is the executive officer of the State Board of Parole Hearings. She said the shift in focus began in 2008 when a California Supreme Court ruling declared that the circumstances of the crime—including its brutality or lethality—could not be the only reason to deny an inmate early releaes. Since then, parole boards have been expected to consider the risk posed to the community by releasing an inmate as well. According to Shaffer, “That really changed the focus of our hearings from ‘You did what? Tell me about the crime,’ to ‘Who were you then? Who are you today, and what’s the difference?’”

There is, as one might expect, some concern from skeptics who wonder if the parole board’s shift in focus could result in dangerous individuals being released. Some also feel that the opinions of victims could be ignored in making the parole decisions. Expert points out, however, that when it comes to criminal law, there will never be a happy medium that satisfies everyone.

Contact a Skilled Lawyer

If you or a loved one is facing criminal charges, you need a lawyer who will fight to protect your rights. Contact an experienced San Jose criminal defense attorney, and get the comprehensive representation you deserve. Call 408-277-0377 for a confidential consultation with Wesley J. Schroeder, Attorney at Law today.

Source:

http://www.latimes.com/politics/la-pol-ca-parole-board-proposition-57-20170727-htmlstory.html

http://www.cdcr.ca.gov/BOPH/commissioners.html