Petition Closed

 

It has been over a year since AB 109 was signed into law, and since its enactment the results have had an overall negative impact on public safety in California. Crime is on the rise across the state and criminals are not being held accountable for their crimes, as there is literally no space in our county jails to house them.  Those who have been sentenced to treatment programs are walking away from the programs, because there are no consequences forfailing to comply with the program’s regulations and attendance requirements.  Thousands of inmates and pre-trial defendants charged with serious crimes are being released early from our local jails because of the overcrowding caused by the realignment of what were previously state prison inmates who are now required to be housed in our local communities.

 

AB 109 has seriously increased the risk to the public’s safety as is highlighted in the news almost daily.

Something must be done!  Please sign this letter to day asking the Governor and the Members of the State Legislature to Repeal or significantly amend AB 109.

Letter to
Governor Brown and Members of the California State Legislature
Governor Brown
California State House
and 1 other
California State Senate
Dear Governor Brown and Members of California State Legislature:

I am writing to respectfully request that you repeal or significantly amend AB 109.

It has been over a year since AB 109 was signed into law, and since its enactment the results have had an overall negative impact on public safety in California. Crime is on the rise across the state and criminals are not being held accountable for their crimes, as there is literally no space in our county jails to house them. Those who have been sentenced to treatment programs are walking away from the programs, because there are no consequences for failing to comply with the program’s regulations and attendance requirements. Thousands of inmates and pre-trial defendants charged with serious crimes are being released early from our local jails because of the overcrowding caused by the realignment of what were previously state prison inmates who are now required to be housed in our local communities.

AB 109 has seriously increased the risk to the public’s safety as is highlighted in the news almost daily.

Here are a few examples of the how AB 109 is “working” in our state:

A parolee was arrested for assault and robbery of a homeless man. A witness, who observed the assault, came to the victim's aid and even photographed the parolee at the scene. The parolee was arrested a few days later but for legal reasons the District Attorney’s office could not prosecute the parolee. The Board of Parole Hearings did revoke the defendant’s parole, but under the terms of AB 109 a parole violator cannot be given a term of more than 180 days for a violation. With mandatory day for day credit, he spent less than 2 months in jail on a parole violation for assault and robbery of this victim. Prior to AB 109, the parolee would have likely had his parole revoked and been sent back to state prison for 8 to 12 months. This parolee was released from county jail early. The State Parole Agency was not notified and he was arrested again for assault and robbery before his original release date.

Another example involves a 2nd strike offender (which means he has a history of violent and serious behavior – and has been convicted of at least 2 serious or violent felonies) who also has ties to white supremacist organizations. Due to his violent behavior he was placed on parole's highest level of supervision. While on parole, he was arrested for possession of methamphetamine. He was prosecuted, convicted and sentenced to county jail. However because of the provisions of AB 109 when he is released he will not be closely supervised as he was previously. Instead due to AB 109 he will be placed on probation and considered a low level offender/non-violent, non-serious, non-sex offender.

Another case involves a gang member parolee with a history of firearm possession. This parolee also had a history of convictions for cocaine use, domestic violence and assault. In one assault the parolee along with two accomplices beat a man so viciously that the victim started vomiting and police described the victim’s face as “raw meat”. The parolee was later arrested for felony evading and DUI and was sentenced to county jail. Because of AB 109 once this gang member parolee is released, he will be placed on probation and considered a low-level offender/ non-violent, non-serious, non-sex offender.

A parolee was charged with violations for spousal abuse/domestic violence on two separate occasions and with two separate victims. During the last violation, the parolee was also charged with kidnapping and robbery of the same spousal abuse victim. The district attorney chose to not prosecute in this case and therefore his parole was revoked by the Parole Board. After he was released from custody, the parolee did report to the parole office but soon after absconded from supervision A warrant was issued for his arrest and a few months later he was arrested out of state. Rather than bringing him back to California and revoking his parole, the Parole Board refused to extradite him and then discharged him from parole.

AB 109 has created more victims by placing additional responsibilities on counties to incarcerate, supervise and provide treatment to thousands of convicted felons on top of their already overburdened caseloads. This has resulted in allowing dangerous criminals to go free simply because of lack of jail space or the ability to properly supervise these convicted felons. This is not what the people of the State of California voted for when they voted for tough on crime laws. They never expected the state to one day decide that public safety was no longer a priority and to balance the state’s mismanaged budget on the backs of victims and law-abiding citizens.

AB 109 no longer allows most parole violators to be sent back to prison when they violate their parole. Instead, the overwhelming majority of parole violators can only be sentenced to a county jail where they will serve no more than 90 days. And very soon those inmates released from prison onto parole will only be supervised for 6 months! That’s it, six months! Rapists, child molesters, and some killers will spend only six months under supervision after being released from prison – how does that possibly help them successfully integrate back into society? And how does that improve public safety?

I am requesting, as a citizen of the State of California and your constituent, that you repeal AB 109, Public Safety Realignment or significantly amend it. Our communities are under attack – property crimes are increasing rapidly and people are being seriously injured, due to this ill-conceived legislation.

Here are some suggestions of amendments I would like to see to AB 109:

1. Any prison inmate who has a prior serious or violent felony conviction would be ineligible for placement on Post Release Community Supervision (PRCS) and must be supervised by state parole.

2. Include domestic violence, stalking, possession of a firearm by an ex-felon, possession of a firearm by a gang member, 4th offense DUI, possession, exploding or igniting a destructive device with the intent to destroy property, felony animal abuse, hate crimes, selling firearms to a gang members, and sale of controlled substance on school grounds to the list of crimes punishable by incarceration in state prison and ineligible for PRCS upon their release from state prison.

3. Any parolee with four or more violations that have been sent to the Board of Parole Hearings within one year should be ineligible for half time credits on future violations.

4. Any parolee who violates their parole by associating with gang members or associating with their crime victim should be ineligible for half time credits while serving their revocation.

5. Offenders who have failed probation three or more times within the last 10 years are ineligible for placement on PRCS.

6. No parolee should be eligible for discharge in six months. Consideration for release from parole should be reviewed after one year. In addition, those being supervised under PRCS should not be discharged after only six months. Consideration for release from PRCS should be reviewed after one year.

7. Allow counties to use CDCR facilities not currently in use for housing county offenders.

8. Any convicted felon receiving a sentence of more than 6 years must be incarcerated in state prison rather than a county jail.


As your constituent, I look forward to receiving a response from you regarding this letter. In addition, I expect public safety to be made a priority in this State. If not fully repealed, I expect significant changes to AB 109 that will restore order to our communities – changes that will increase public safety and contribute to a reduction in crime!