An Overview of California Realignment Laws

December 12, 2011

California’s Realignment Law, also known as S.B. 109, has brought significant changes to the state’s criminal justice system. These laws aim to reduce the state prison population by shifting the responsibility for certain offenders to county jails and probation departments. This article provides an in-depth look at California Realignment, its impact in San Mateo, and an understanding of recidivism rates in California.

What is California Realignment?

California Realignment refers to a set of laws implemented under S.B. 109 that began on October 1, 2011. The primary goal of these laws is to address the issue of overcrowded state prisons by reallocating the responsibility for certain non-violent, non-serious, and non-sexual offenders to county jurisdictions.

Key Objectives of Realignment:

1. Reduce State Prison Population: By keeping low-level offenders in county jails instead of state prisons.
2. Enhance Local Control: Counties have more control over managing offenders and can tailor supervision and rehabilitation programs.
3. Improve Rehabilitation: Focus on providing better rehabilitation services at the local level to reduce recidivism.

Impact of Realignment Laws in San Mateo

The implementation of realignment laws has had a significant impact on counties like San Mateo. The county has had to adapt to accommodate an increased number of inmates and manage probation more effectively.

Local Adjustments:

1. Increased Jail Populations: San Mateo County expects to accommodate up to 300 new inmates annually due to realignment.
2. Probation Expansion: The county has expanded its probation services to supervise parolees more effectively.
3. Jail Expansion Plans: Plans to build a bigger jail to manage overcrowding, although this has faced criticism for being costly and not fully utilizing alternatives like electronic monitoring.

Understanding Recidivism Rates in California

Recidivism rates measure the tendency of released offenders to be re-arrested and return to prison. Understanding these rates is crucial to assessing the effectiveness of realignment laws.

Recidivism in California:

1. Definition: Recidivism typically refers to the rate at which formerly incarcerated individuals are re-arrested, reconvicted, or reincarcerated.
2. Current Rates: California has historically had high recidivism rates, with studies showing that about 65% of released prisoners were re-arrested within three years.
3. Impact of Realignment: One of the goals of realignment is to lower these rates by providing better support and rehabilitation at the local level.

The California Realignment Act Explained

The California Realignment Act encompasses several key provisions designed to shift the burden of incarceration from state prisons to county jails.

Key Provisions:

1. Eligibility Criteria: Only non-violent, non-serious, and non-sexual offenders are eligible to serve their sentences in county jails.
2. County Responsibility: Counties are responsible for supervising parolees and providing rehabilitation services.
3. Sentencing Changes: Felony offenders may serve their sentences in county jail instead of state prison, depending on their eligibility.

Frequently Asked Questions about Realignment Laws

1. What is the main purpose of California Realignment?
The main purpose is to reduce the state prison population by reallocating responsibility for certain offenders to county jurisdictions, enhancing local control, and improving rehabilitation services.

2. How does realignment affect sentencing for felonies?
Under realignment, certain felony offenders may serve their sentences in county jails instead of state prisons, provided they meet specific eligibility criteria.

3. What are the benefits of realignment for counties?
Realignment gives counties more control over managing offenders, allowing them to tailor supervision and rehabilitation programs to better meet local needs.

4. How has San Mateo County adapted to realignment?
San Mateo County has expanded its probation services, developed plans to build a larger jail, and implemented alternatives to incarceration like electronic monitoring.

5. What impact has realignment had on recidivism rates in California?
Realignment aims to reduce recidivism rates by providing better support and rehabilitation services at the local level, although it is still early to measure the long-term impact fully

Conclusion

The California Realignment Act represents a significant shift in the state’s approach to managing its criminal justice system. By transferring the responsibility for certain offenders to county jurisdictions, realignment aims to reduce state prison overcrowding and improve rehabilitation services. Understanding the impact of these laws, particularly in counties like San Mateo, is crucial for assessing their effectiveness in reducing recidivism and enhancing local control over criminal justice processes. If you need legal assistance related to California realignment, contact an experienced criminal defense attorney to navigate these complex changes and ensure your rights are protected.

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