Sensible Sentencing for a Safer California

Report #219, February 2014
Sensible Sentencing for a Safer California

Full Report

Executive Summary

Press Release

FOR IMMEDIATE RELEASE
February 27, 2014

For Additional Information Contact:
Carole D’Elia, Executive Director
(916) 445-2125

Commission Calls for Sentencing Reforms to Improve Public Safety

Calling California’s correctional system a “slow-motion disaster”, the Little Hoover Commission warned the Governor and Legislature that the system has reached a crossroads. It urged California leaders to seize a moment of opportunity recently granted by the federal courts and improve its criminal justice sentencing. In February 2014, a three-judge panel gave California policymakers what they requested – a two-year reprieve to reduce prison overcrowding.

California reached this point after years of slowly giving up autonomy of its corrections system. In 2007, the federal courts found that prison overcrowding is the cause of unconstitutional levels of health and mental health care in California prisons and mandated the state reduce its prison population. The state tried to avoid complying through unsuccessful legal maneuvers before finally implementing public safety realignment in 2011. Realignment transferred low-level offenders from state to local supervision, but it was too little and too late to stop the long-term trajectory of prison population growth. In February 2014, the three-judge panel granted California until February 2016 to reduce prison overcrowding. This is California’s last chance to fix its system before the federal court takes control: If the state does not meet population reduction benchmarks, the federal court will start releasing prisoners.

“California’s leaders failed to deal with overcrowding and lost control of our prisons to federal courts,” said Little Hoover Commission Chairman Jonathan Shapiro. “California taxes pay for the multi-billion dollar prison system. Californians should decide who is incarcerated, why and for how long. It’s long past time for Californians to debate and decide what kind of prisons they want and can afford.”

In its report, Sensible Sentencing for a Safer California, the Commission urged policymakers to use the two-year reprieve to make the long-term changes that elected officials have lacked the will to implement in the past. Officials have largely ignored 40 years of research on how to reduce recidivism and improve public safety in favor of rhetoric that sounds tough on crime, but in some cases, actually has the opposite effect on public safety. It is time to end the rhetoric and begin evidence-based reforms to reduce prison overcrowding, reduce recidivism and prevent crime.

The Commission urged policymakers to amend the penal code to expand the purpose of incarceration beyond punishment alone to also include reduced recidivism and successful community reintegration. Rehabilitative programs and reducing crime are not mutually exclusive. It also called upon policymakers to establish a Criminal Justice Information Center that would collect data on sentencing and best practices and provide recommendations on opportunities to improve sentencing and public safety. The information, data and guidance provided by the center could establish a path toward an independent sentencing commission, which the state has indicated it is considering and has been recommended by this Commission for two decades. California no longer has time to consider. It is time to act.

The Commission also saw opportunities to improve realignment, including requiring that all offenders serving local jail time be supervised upon release and have access to appropriate programs and services. It urges the state to provide incentives to ensure that all counties use some realignment funding to expand public-private partnerships to provide proven programs and services for offenders reentering the community. These solutions have been effectively integrated into criminal justice strategies with documented success. California policymakers must embrace the science and evidence that drives criminal justice sentencing in other states and countries before time runs out and the courts begin releasing offenders.

The Little Hoover Commission is a bipartisan and independent state agency charged with recommending ways to improve the efficiency and effectiveness of state programs. The Commission’s recommendations are submitted to the Governor and the Legislature for their consideration and action. For a copy of the report, visit the Commission’s website: www.lhc.ca.gov.

Fact Sheet

Study Description

For this study, the Commission reviewed criminal sentencing laws in California as part of its ongoing assessment of public safety realignment initiated in 2011. This review also built on the Commission’s work assessing bail schedules and pre-trial services and its prior reviews of sentencing policies in 2007 and 1994.

In its review of bail and pre-trial services, the Commission found that sheriffs often wield great discretion in reducing sentences meted out by judges to comply with court-ordered population caps. While this has been a practice for many years, with more offenders serving time at the local level due to implementation of realignment in 2011, available bed space is a significant driver of sentence time actually served. Additionally, as realignment has unfolded, some low level offenders have been sentenced to more than five years in jails that were not designed for long-term commitments.  

As part of this review, the Commission also was interested in better understanding sentencing disparity between counties and courtrooms and whether it has increased as a result of realignment. The Commission also assessed the significant variances in the use of split sentences, a new tool available as a result of realignment.

Finally, as part of its review, the Commission assessed the potential need for the state to improve the nexus between California sentencing laws and correctional resources, including prison and jail beds, as well as community-based programs and sanctions and to consider opportunities for better calibrating sentencing policies with the state’s resources.


Previous Studies

Agenda

Overview

In this report, the Commission urges California leaders to improve criminal justice sentencing by amending the penal code to expand the purpose of incarceration beyond punishment alone.

The Commission recommends the state provide incentives to ensure that all counties use some realignment funding to expand public-private partnerships to provide proven programs and services for offenders re-entering the community.

Print 
			Agenda
  • September 26
    2013
    Criminal Justice Sentencing
    9:30 a.m., Ronald Reagan State Building Auditorium, 300 South Sprin
    Public Hearing
    Agenda

    AGENDA

    Public Hearing on Criminal Justice Sentencing
    Thursday, September 26, 2013, at 9:30 a.m.
    Ronald Reagan State Building Auditorium
    300 South Spring Street, Los Angeles, CA


    Opening Remarks

    Local Law Enforcement Perspectives

    1. Leroy D. Baca, Sheriff, County of Los Angeles (Written Testimony)
       
    2. Charlie Beck, Chief of Police, Los Angeles Police Department (Written Testimony)
       
    3. Jerry Powers, Chief Probation Officer, County of Los Angeles 
       

    Community-Based Public Safety Solutions

    1. Troy Vaughn, Chief Programs Officer, Lamp Community and Community Representative, Los Angeles Public Safety Realignment Team (Written Testimony)
       
    2. Stan Galperson, Director of Residential & Outpatient Treatment, Tarzana Treatment Centers and Member, California Association of Alcohol & Drug Program Executives (CAADPE letter to LA County Dep't of Public Health) (Written Testimony)
       
    3. Mark Faucette, Vice President, Amity Foundation and Chair, Los Angeles Regional Reentry Partnership (Written Testimony)


    Sentencing Reform Opportunities in California

    1. Lynne Lyman, California State Director, Drug Policy Alliance (Written Testimony)


    The Role of the County in Improving Public Safety

    1. Michael D. Antonovich, Los Angeles County Supervisor, Fifth District (Written Testimony)


    Public Comments

    Public Notice

    PUBIC NOTICE

    FOR IMMEDIATE RELEASE
    September 13, 2013

    For Additional Information Contact:
    Stuart Drown, Executive Director
    (916) 445-2125

    Notice of Meeting

    On Thursday, September 26, 2013, the Little Hoover Commission will conduct a public hearing on criminal justice sentencing. The hearing will begin at 9:30 a.m. in the auditorium of the Ronald Reagan Building, at 300 South Spring Street, in Los Angeles, CA.

    The Little Hoover Commission is reviewing criminal sentencing laws in California as part of its ongoing assessment of public safety realignment initiated in 2011. At this hearing, the Commission will focus on public safety in California’s largest county, Los Angeles, as a necessary component to understanding public safety statewide. The Commission also will hear about specific policy changes that could help California use its finite resources to improve public safety.

    The Commission will hear from local law enforcement, including Los Angeles County Sheriff Leroy Baca, Los Angeles County Chief Probation Officer Jerry Powers and Los Angeles Police Department Chief Charlie Beck. They will discuss the challenges of implementing realignment in their jurisdiction and opportunities for improving success locally and statewide. The Commission will then hear from a panel of community service providers who will discuss how community-based realignment programs and services are funded, challenges service providers face and suggestions for resolving implementation issues. The California state director from Drug Policy Alliance will testify for the Commission on sentencing reform opportunities to reduce recidivism and optimize resources. Lastly, the Commission will hear from Los Angeles County Supervisor Michael Antonovich on the role the county can take and how realignment funds will be used to improve public safety in Los Angeles County.

    There will be an opportunity for public comment at the end of the hearing. The Commission also encourages written comments.

    All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Commission Executive Director Stuart Drown at (916) 445-2125 or littlehoover@lhc.ca.gov by Wednesday, September 18, 2013.

    Video

    Part 1

    Part 2

  • June 25
    2013
    Criminal Justice Sentencing
    9:00 a.m., Legislative Office Building, Room 100, 1020 N Street, Sa
    Public Hearing
    Agenda

    AGENDA

    Public Hearing on Criminal Justice Sentencing
    Tuesday, June 25, 2013, at 9:00 a.m.
    Legislative Office Building, Room 100
    1020 N Street, Sacramento, CA


    Opening Remarks

    Sentencing Trends - A Global Perspective

    1. Peggy McGarry, Director, Center of Sentencing and Corrections, Vera Institute of Justice (Written Testimony)
       

    Sentencing Reform Opportunities in California

    1. Robert Weisberg, Professor of Law and Faculty Co-Director, Stanford Criminal Justice Center (Written Testimony)
       

    The Perspective of Crime Victims

    1. Dawn Koepke, Partner, McHugh, Koepke & Associates and Lobbyist, Crime Victims United (Written Testimony)


    California Sentencing Trends - Risks of the Status Quo

    1. Lenore Anderson, Director, Californians for Safety and Justice (Written Testimony)


    San Francisco Starts its Own Sentencing Commission

    1. George Gascón, District Attorney, City and County of San Francisco (Written Testimony)
      ​​​​​​​

    Public Comments

    Public Notice

    PUBLIC NOTICE

    FOR IMMEDIATE RELEASE
    June 21, 2013

    For Additional Information Contact:
    Stuart Drown, Executive Director
    (916) 445-2125

    Revised Notice of Public Hearing
    (New Location)

    On Tuesday, June 25, 2013, the Little Hoover Commission will conduct a public hearing on criminal justice sentencing. The hearing will begin at 9:00 a.m. in Room 100 of the Legislative Office Building at 1020 N Street, Sacramento.

    The Little Hoover Commission is reviewing criminal sentencing laws in California as part of its ongoing assessment of public safety realignment initiated in 2011. In its recent review of bail and pre-trial services, the Commission found that sheriffs often wield great discretion in reducing sentences meted out by judges to comply with court-ordered population caps. Additionally, as realignment has unfolded, some low level offenders have been sentenced to more than five years in jails that were not designed for long-term commitments. The Commission also is interested in better understanding sentencing disparity between counties and courtrooms and whether it has increased as a result of realignment. Finally, the Commission hopes to assess the potential need for the state to better align California sentencing laws and correctional resources, including prison and jail beds as well as community–based programs and sanctions.

    At this hearing, the director of the Center on Sentencing and Corrections at the Vera Institute of Justice will discuss national sentencing trends. The Commission also will hear from the co-director of the Stanford Criminal Justice Center on sentencing reform opportunities in California. The Commission additionally will hear from a representative from Crime Victims United and the director of Californians for Safety and Justice. Finally, San Francisco District Attorney George Gascón will testify about San Francisco’s sentencing commission – the first sentencing commission in California.

    There will be an opportunity for public comment at the end of the hearing. The Commission also encourages written comments.

    All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Commission Executive Director Stuart Drown at (916) 445-2125 or littlehoover@lhc.ca.gov by Wednesday, June 19, 2013.

    Video
Print 
		Agenda
  • September 26
    2013
    Criminal Justice Sentencing
    9:30 a.m., Ronald Reagan State Building Auditorium, 300 South Sprin
    Public Hearing
    Agenda

    AGENDA

    Public Hearing on Criminal Justice Sentencing
    Thursday, September 26, 2013, at 9:30 a.m.
    Ronald Reagan State Building Auditorium
    300 South Spring Street, Los Angeles, CA


    Opening Remarks

    Local Law Enforcement Perspectives

    1. Leroy D. Baca, Sheriff, County of Los Angeles (Written Testimony)
       
    2. Charlie Beck, Chief of Police, Los Angeles Police Department (Written Testimony)
       
    3. Jerry Powers, Chief Probation Officer, County of Los Angeles 
       

    Community-Based Public Safety Solutions

    1. Troy Vaughn, Chief Programs Officer, Lamp Community and Community Representative, Los Angeles Public Safety Realignment Team (Written Testimony)
       
    2. Stan Galperson, Director of Residential & Outpatient Treatment, Tarzana Treatment Centers and Member, California Association of Alcohol & Drug Program Executives (CAADPE letter to LA County Dep't of Public Health) (Written Testimony)
       
    3. Mark Faucette, Vice President, Amity Foundation and Chair, Los Angeles Regional Reentry Partnership (Written Testimony)


    Sentencing Reform Opportunities in California

    1. Lynne Lyman, California State Director, Drug Policy Alliance (Written Testimony)


    The Role of the County in Improving Public Safety

    1. Michael D. Antonovich, Los Angeles County Supervisor, Fifth District (Written Testimony)


    Public Comments

    Public Notice

    PUBIC NOTICE

    FOR IMMEDIATE RELEASE
    September 13, 2013

    For Additional Information Contact:
    Stuart Drown, Executive Director
    (916) 445-2125

    Notice of Meeting

    On Thursday, September 26, 2013, the Little Hoover Commission will conduct a public hearing on criminal justice sentencing. The hearing will begin at 9:30 a.m. in the auditorium of the Ronald Reagan Building, at 300 South Spring Street, in Los Angeles, CA.

    The Little Hoover Commission is reviewing criminal sentencing laws in California as part of its ongoing assessment of public safety realignment initiated in 2011. At this hearing, the Commission will focus on public safety in California’s largest county, Los Angeles, as a necessary component to understanding public safety statewide. The Commission also will hear about specific policy changes that could help California use its finite resources to improve public safety.

    The Commission will hear from local law enforcement, including Los Angeles County Sheriff Leroy Baca, Los Angeles County Chief Probation Officer Jerry Powers and Los Angeles Police Department Chief Charlie Beck. They will discuss the challenges of implementing realignment in their jurisdiction and opportunities for improving success locally and statewide. The Commission will then hear from a panel of community service providers who will discuss how community-based realignment programs and services are funded, challenges service providers face and suggestions for resolving implementation issues. The California state director from Drug Policy Alliance will testify for the Commission on sentencing reform opportunities to reduce recidivism and optimize resources. Lastly, the Commission will hear from Los Angeles County Supervisor Michael Antonovich on the role the county can take and how realignment funds will be used to improve public safety in Los Angeles County.

    There will be an opportunity for public comment at the end of the hearing. The Commission also encourages written comments.

    All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Commission Executive Director Stuart Drown at (916) 445-2125 or littlehoover@lhc.ca.gov by Wednesday, September 18, 2013.

    Video

    Part 1

    Part 2

  • June 25
    2013
    Criminal Justice Sentencing
    9:00 a.m., Legislative Office Building, Room 100, 1020 N Street, Sa
    Public Hearing
    Agenda

    AGENDA

    Public Hearing on Criminal Justice Sentencing
    Tuesday, June 25, 2013, at 9:00 a.m.
    Legislative Office Building, Room 100
    1020 N Street, Sacramento, CA


    Opening Remarks

    Sentencing Trends - A Global Perspective

    1. Peggy McGarry, Director, Center of Sentencing and Corrections, Vera Institute of Justice (Written Testimony)
       

    Sentencing Reform Opportunities in California

    1. Robert Weisberg, Professor of Law and Faculty Co-Director, Stanford Criminal Justice Center (Written Testimony)
       

    The Perspective of Crime Victims

    1. Dawn Koepke, Partner, McHugh, Koepke & Associates and Lobbyist, Crime Victims United (Written Testimony)


    California Sentencing Trends - Risks of the Status Quo

    1. Lenore Anderson, Director, Californians for Safety and Justice (Written Testimony)


    San Francisco Starts its Own Sentencing Commission

    1. George Gascón, District Attorney, City and County of San Francisco (Written Testimony)
      ​​​​​​​

    Public Comments

    Public Notice

    PUBLIC NOTICE

    FOR IMMEDIATE RELEASE
    June 21, 2013

    For Additional Information Contact:
    Stuart Drown, Executive Director
    (916) 445-2125

    Revised Notice of Public Hearing
    (New Location)

    On Tuesday, June 25, 2013, the Little Hoover Commission will conduct a public hearing on criminal justice sentencing. The hearing will begin at 9:00 a.m. in Room 100 of the Legislative Office Building at 1020 N Street, Sacramento.

    The Little Hoover Commission is reviewing criminal sentencing laws in California as part of its ongoing assessment of public safety realignment initiated in 2011. In its recent review of bail and pre-trial services, the Commission found that sheriffs often wield great discretion in reducing sentences meted out by judges to comply with court-ordered population caps. Additionally, as realignment has unfolded, some low level offenders have been sentenced to more than five years in jails that were not designed for long-term commitments. The Commission also is interested in better understanding sentencing disparity between counties and courtrooms and whether it has increased as a result of realignment. Finally, the Commission hopes to assess the potential need for the state to better align California sentencing laws and correctional resources, including prison and jail beds as well as community–based programs and sanctions.

    At this hearing, the director of the Center on Sentencing and Corrections at the Vera Institute of Justice will discuss national sentencing trends. The Commission also will hear from the co-director of the Stanford Criminal Justice Center on sentencing reform opportunities in California. The Commission additionally will hear from a representative from Crime Victims United and the director of Californians for Safety and Justice. Finally, San Francisco District Attorney George Gascón will testify about San Francisco’s sentencing commission – the first sentencing commission in California.

    There will be an opportunity for public comment at the end of the hearing. The Commission also encourages written comments.

    All public notices for meetings are on the Commission’s website, www.lhc.ca.gov. If you need reasonable accommodation due to a disability, please contact Commission Executive Director Stuart Drown at (916) 445-2125 or littlehoover@lhc.ca.gov by Wednesday, June 19, 2013.

    Video