California’s Prop 47 reduces non-violent drug offenses, like possession, from felonies to misdemeanors, making several thousand inmates eligible for “immediate release.”
Does that mean that a screw shows up at your cell, tells you to gather up your stuff, and shows you the door, all on a moment’s notice? Or are you given some time to to arrange housing and otherwise get your shit together for life on the outside?
In theory, penal systems have a process for setting up inmates’ return to the outside world, with that theory being that transitioning them back into the (likely changed - even in a year) world and setting them up with a sustainable life is a good thing.
In practice, when a court order suddenly says “dump one-tenth/-quarter/-third of your perps”… I’d be a lot of them are going to find themselves standing on the sidewalk with a dime for a a phone call. OTOH, the ones being released are minor offenders of “social justice,” not necessarily career criminals, so maybe many of them have lives to step back into.
(Yeah, and maybe I’m a Chinese jet pilot.)
The only reason you can keep a person in prison is because a judge said so. If another judge overrules that order, then you have no authority to keep a person imprisoned. You release them as quickly as they can walk out the door.
As a matter of practice, there’s a little flexibility built in. A prisoner in court will win his appeal and be “released” but he’ll want to go back to the prison, pick up his belongings, stick around for breakfast, and then be dropped off at the station to catch the eleven o’clock bus.
But this is only if the prisoner agrees to it. If at any point he says he wants to walk away, you have to release him immediately. And once he walks out, he can’t change his mind and come back in.
I know an ex-con who spent a few years in prison. Prisoners coming out of prison typically have not fully served their time, but still have some time (often, several years) to serve on parole and/or probation (the difference between them being mostly academic at that point). Parole and probation (sometimes called “supervision” to be less wordy) typically includes transition programs like housing referrals, therapy, a support hotline, the probation and/or parole officer themselves, and sometimes temporary vouchers or funding for housing until you can find a job. The specific set of services is dependent on what jurisdiction you are in, what conditions are ordered by the judge and/or parole board, and possibly other factors. Sex offenders and drug offenders typically get a lot of therapy. Insider Traders and jury bribers, not so much.
So there’s help available for them. It might not be the greatest, but it’s usually better than being dropped off at a bus station not knowing where anything is or how anything works. So one can e.g. call their probation officer and ask if they can explain where to get an application for Food Stamps, or who to call about registering for the GED.
RC, I know that. I was suggesting that if the prisons have to release some 8-10,000 inmates more or less immediately, there may not be the resources to put them all through halfway-house and new-start programs. So one problem turns into another set of problems.
First of all, the first sentence of the OP is misleading, if not outright false. Nobody is eligible for “immediate release”. The relevant section of the Penal Code is 1170.18, which reads (spoiled for your protection, and due to length)
SEC. 14. Section 1170.18 is added to the Penal Code, to read:
1170.18. (a) A person currently serving a sentence for a conviction,
whether by trial or plea, of a felony or felonies who would have been
guilty of a misdemeanor under the act that added this section (“this act”)
had this act been in effect at the time of the offense may petition for a
recall of sentence before the trial court that entered the judgment of
conviction in his or her case to request resentencing in accordance with
Sections 11350, 11357, or 11377 of the Health and Safety Code, or
Section 459.5, 473, 476a, 490.2, 496, or 666 of the Penal Code, as
those sections have been amended or added by this act.
(b) Upon receiving a petition under subdivision (a), the court shall
determine whether the petitioner satisfies the criteria in subdivision (a).
If the petitioner satisfies the criteria in subdivision (a), the petitioner’s
felony sentence shall be recalled and the petitioner resentenced to a
misdemeanor pursuant to Sections 11350, 11357, or 11377 of the Health
and Safety Code, or Section 459.5, 473, 476a, 490.2, 496, or 666 of
the Penal Code, those sections have been amended or added by this act,
unless the court, in its discretion, determines that resentencing the
petitioner would pose an unreasonable risk of danger to public safety. In
exercising its discretion, the court may consider all of the following:
(1) The petitioner’s criminal conviction history, including the type of
crimes committed, the extent of injury to victims, the length of prior
prison commitments, and the remoteness of the crimes.
(2) The petitioner’s disciplinary record and record of rehabilitation
while incarcerated.
(3) Any other evidence the court, within its discretion, determines to
be relevant in deciding whether a new sentence would result in an
unreasonable risk of danger to public safety.
(c) As used throughout this Code, “unreasonable risk of danger to
public safety” means an unreasonable risk that the petitioner will commit
a new violent felony within the meaning of clause (iv) of subparagraph
(C) of paragraph (2) of subdivision (e) of Section 667.
(d) A person who is resentenced pursuant to subdivision (b) shall be
given credit for time served and shall be subject to parole for one year
following completion of his or her sentence, unless the court, in its
discretion, as part of its resentencing order, releases the person from
parole. Such person is subject to Section 3000.08 parole supervision by
the Department of Corrections and Rehabilitation and the jurisdiction
of the court in the county in which the parolee is released or resides, or in
which an alleged violation of supervision has occurred, for the purpose of
hearing petitions to revoke parole and impose a term of custody.
(e) Under no circumstances may resentencing under this section result
in the imposition of a term longer than the original sentence.
(f) A person who has completed his or her sentence for a conviction,
whether by trial or plea, of a felony or felonies who would have been
guilty of a misdemeanor under this act had this act been in effect at the
time of the offense, may file an application before the trial court that
entered the judgment of conviction in his or her case to have the felony
conviction or convictions designated as misdemeanors.
(g) If the application satisfies the criteria in subdivision (f), the court
shall designate the felony offense or offenses as a misdemeanor.
(h) Unless requested by the applicant, no hearing is necessary to grant
or deny an application filed under subsection (f).
(i) The provisions of this section shall not apply to persons who have
one or more prior convictions for an offense specified in clause (iv) of
subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or
for an offense requiring registration pursuant to subdivision (c) of
Section 290.
(j) Any petition or application under this section shall be filed within
three years after the effective date of the act that added this section or at
a later date upon a showing of good cause.
(k) Any felony conviction that is recalled and resentenced under
subdivision (b) or designated as a misdemeanor under subdivision (g)
shall be considered a misdemeanor for all purposes, except that such
resentencing shall not permit that person to own, possess, or have in his
or her custody or control any firearm or prevent his or her conviction
under Chapter 2 (commencing with Section 29800) of Division 9 of
Title 4 of Part 6.
(l) If the court that originally sentenced the petitioner is not available,
the presiding judge shall designate another judge to rule on the petition
or application.
(m) Nothing in this section is intended to diminish or abrogate any
rights or remedies otherwise available to the petitioner or applicant.
(n) Nothing in this and related sections is intended to diminish or
abrogate the finality of judgments in any case not falling within the
purview of this act.
(o) A resentencing hearing ordered under this act shall constitute a
“post‑conviction release proceeding” under paragraph (7) of subdivision
(b) of Section 28 of Article I of the California Constitution (Marsy’s
Law).
In a nutshell, anyone currently serving a felony conviction for a crime that has been reclassified as a misdemeanor may now petition the court for resentencing (section a). Upon receipt of the petition, the court will recall the conviction and resentence as a misdemeanor, unless they feel - based on the criminal history, general behavior, or for any other relevant reason - that the person would pose a danger to public safety (section b).
It’s true that a large number of people will have their sentences recalled and reclassified, and they will walk out of prison as “free men” (subject to one year of probation)…but the story linked in the OP makes it sound like prison wardens are going to start walking the corridors and flinging cell doors open. There is a process, and the more people who petition for resentencing, the longer it will take for them to make it through the system.
I wouldn’t be surprised if a few months from now we start hearing about lawsuits from prisoners due to the fact that their petitions have not been heard in a timely manner.
This probably varies by location, but in my area most people released from either jail or prison whether planned or immediately due to a court order do not go to halfway houses or shelters.Some do , of course, but most end up living with a family member/SO.
Not to sidetrack, but do innocent and wrongfully imprisoned people get immediate release once exonerated, and do they also get what Robert Columbia mentioned: " transition programs like housing referrals, therapy, a support hotline, and sometimes temporary vouchers or funding for housing until you can find a job?"
The prison system doesn’t supply them with much. But we do help them make contact with whatever social agencies are out there that help generally poor people.
Does anyone know how a person already in custody serving time petitions to be resentenced under prop 47?