Prison Law Blog

Sara Mayeux

Posts Tagged ‘santa clara county

Realignment in California: The Basics, Plus How Counties Are Preparing

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On October 1, California will start diverting low-level felony offenders and parole violators to county jail, rather than state prison, when a new law, known as “realignment,” goes into effect. The law was proposed by Gov. Jerry Brown as a way to bring the California prison system into compliance with the Supreme Court’s order to alleviate overcrowding, and was enacted by the Legislature in March as AB 109. I thought I’d run through a few basics of how the law will work and round up some recent news coverage from around the state. If you’re looking for a more comprehensive resource, the ACLU of Northern California has produced a helpful guide (PDF) to the law and how counties can plan for the changes.

The Mechanics

  • How will AB 109 change California sentencing practices? As of October 1, the law transfers responsibility for punishing non-serious, non-violent, non-sex felony offenses to the county level, where misdemeanors are already handled. So rather than being sent to state prison, these low-level offenders will now be punished with a term in county jail or whatever alternative sanction the county comes up with. (For those familiar with the California Penal Code, generally we’re talking about felonies punishable by the “16 months/2 years/3 years” triad.)  Read the rest of this entry »
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Web Resources: Stories of Immigration Detention and More from Deportation Nation

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Deportation Nation, which produces original reporting on ICE’s Secure Communities program, is collecting stories about people’s experiences in immigration detention. You can listen to stories or share your own at this link. DN also provides a library of statistics and other primary sources about how Secure Communities works.

Meanwhile, DN currently has several stories worth reading about developments in counties’ ability to opt out of Secure Communities. Although there has been some confusion about whether counties can do this, federal officials recently confirmed that it is possible and outlined the process for doing so. Already, California’s San Francisco and Santa Clara counties and Virginia’s Arlington County have voted to do so.

Secure Communities is an ICE initiative to partner with local jails to cross-check arrest data with immigration status, allowing ICE officials to begin deportation proceedings if there is a match. The program has been promoted as a way to identify “truly dangerous people” (those words are from Rep. David Price, D-NC), and ICE hopes to expand it to all of the nation’s county jails by 2013. However, as DN notes,

the vast majority of immigrants deported through Secure Communities committed low-level offenses like trespassing, disorderly conduct and traffic offenses. Others simply face charges and have yet to be convicted.

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