Senator Pat Bates who serves the 36th Senate District authored Senate Bill 75, which seeks to modify Proposition 57. The contentious Prop 57 presently increases opportunities for early release of supposed nonviolent felons and also allows judges, not prosecutors, to decide if some juveniles can be charged as adults. “Californians approved Proposition 57 last year with the intention of showing leniency to offenders who are truly non-violet, unfortunately, many voters were not aware that the state’s definition of ‘non-violent’ includes deeply troubling crimes. Said Bates, Her SB 75 bill was introduced last month with an expanded the list of “violent felonies.” to include the following:

•           Vehicular manslaughter;
•           Human trafficking involving a minor;
•           Battery with personal infliction of serious bodily injury;
•           Throwing acid or a flammable substance;
•           Assault with a deadly weapon;
•           Assault with a deadly weapon on a peace officer or firefighter;
•           Assault with a deadly weapon by a state prison inmate;
•           Discharging a firearm at an occupied dwelling, building, vehicle or aircraft;
•           Rape where victim is legally incapable of giving consent;
•           Rape of an unconscious person;
•           Rape/sodomy/oral copulation of an unconscious person or by use of date rape drugs;
•           Inflicting corporal injury on a child;
•           Domestic violence;
•           Arson of a structure or forest land;
•           Arson of property;
•           Solicitation to commit murder;
•           Grand theft of a firearm;
•           Any felony involving the personal use of a deadly weapon;
•           Holding a hostage by a state prison inmate;
•           Exploding a destructive device or explosive with intent to injure.

Senator Bates said she believes that though the proposition seeks to save tax dollars, it could lead to more crimes from felons released early. She believes her SB 75 will “help address a major weakness of Prop. 57 and keep California’s communities safe.”

While commenting during a press conference concerning the murder of Whittier Police Officer Keith Boyle on Tuesday, February 21, L.A. County Sheriff Jim McDonnell indicated that the spike in crime is due to the early release of prisoners. He alluded to the fact that local jails are now being utilized to house offenders who have had their offenses plea bargained and downsized, when prisoners should actually be incarcerated in state prisons. They are also getting lighter sentences in order to qualify for the county jail system and early release. Presently, they are being released early from prisons if they are deemed to be “non violent”

Orange County District Attorney Tony Rackauchas spoke during a news conference last Wednesday saying he is also experiencing a rash of murders in his district. He said he believes there has been an increase in crime since the state implemented efforts such as realignment to reduce prison overcrowding, and voters approved Prop. 47 to reduce many nonviolent property and drug crimes from felonies to misdemeanors. “We’re experiencing an increase in crime, and it’s not just limited to violence.” He added, “Our sense of it is when you have realignment with early release from prison coupled with Prop. 47 a lot of people who would be sent to prison are now going to county jail. We think that’s connected to a rise in crime.” Rackauckas said his observations were “based on conversations I’ve had with various police chiefs, and it’s not limited to our county. We don’t know the amounts yet, but we know that’s the trend.”