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Blog: AB 109 — California's Felon Dump

Every time that a so called nonviolent felon who has been released onto the streets commits an act of violence government has failed in its duty to protect innocent citizens.

As a result of a lawsuit brought by inmates of California state prisons, the United States Supreme Court ordered the State of California to reduce its prison population by more than 30,000 inmates over a three-year period of time. I

n response the California State Legislature passed The Public Safety Realignment Act of 2011 (AB 109). The goal of AB 109 was to transfer responsibility for incarceration and supervision of certain non-violent, low-risk offenders from the State to its 58 counties. This month marks the one-year anniversary of the implementation of AB 109, but it is nothing to celebrate.

Up and down the state, the release of so-called  non-serious, non-violent, non-sexual, “low-risk” inmates has been marked by dozens of reports of murders, rapes, attempted murder, kidnapping, stabbings and other crimes committed by inmates released early at the county levels as a result of AB 109.

On Monday, September 10, 2012, 26-year-old Michael Cockrell repeatedly stabbed Lisa Gilvary, 46, and her roommate, Jennifer Gonzalez, 20, during the course of a home invasion burglary. He then laid in wait and viscously attacked Fresno police officer Jonathan Linzey, 32, when he came to their aid. Ms. Gilvary died at the scene and Cockrell is now facing a possible death sentence. In March 2012, Cockrell was released from prison after serving only six-months of a three-year sentence under AB 109.

The state says that AB 109 only applies to ‘low risk” offenders, so it’s okay, but Michael Cockrell was considered a “low risk” offender! I can assure you that the State and I have very different definitions of “low risk.” It’s no wonder AB 109 has been called an abysmal failure, a disaster, and a deception that is dumping dangerous felons at our doorsteps.

In Lancaster, more than 300 offenders were released under partial supervision to Los Angeles probation officers since Realignment began.  Nearly 200 of these offenders have been rearrested for new crimes or charges.

Redding Police Chief Robert Paoletti “expressed frustration with the lack of jail space, which has resulted in early releases and created the perception of a revolving door at the jail.  Failure to appear warrants totaled 4,569 in the first six months of the year, a 32 percent increase from last year, when there were 3,453.” 

The California legislature needs to repeal AB 109.  The State needs to drastically reduce the type of offenders it allows to be shifted to the county level.  The state must take an inmates or parolees criminal history into consideration when determining who is eligible for AB 109. County jails are simply not equipped to handle many of the dangerous, repeat offenders AB 109 has sent them. Nor should we, as parents, have to worry about these same dangerous criminals being released early from overcrowded jails into our neighborhoods.

Crime exacts a heavy toll: on government, on society as a whole, but especially on victims. The cost of crime has three dimensions: a dollar amount calculated by adding up property losses, productivity losses, and medical bills. An amount less easily quantifiable includes the forms of pain, emotional trauma, and risk of death from victimization. And finally a dimension that cannot be quantified – the loss of life, and the trickle-down effect of extreme trauma or even death on the families of victims, their friends and communities held hostage by the threat of fear.

In 1996 the National Institute of Justice calculated the cost of crime. A single murder costs society $2,940,000, a rape (5) at $86,500, and a robbery with injury at $19,000. A fundamental duty of government is to protect society, to ensure that we walk safe streets and that the weak among us are not threatened by fear, intimidation and violence.

Every time that a so called nonviolent felon who has been released onto the streets commits an act of violence government has failed in that duty. When our government turns its back on the fundamental duty to protect innocent citizens, its skewed priorities must be revealed and it must be held accountable for its actions.

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Laura Case May 24, 2013 at 10:37 pm
Ken Simmons, I don't know who made you privy to the information that you have, but you should haveRead More checked your sources. The information you have posted here is inaccurate and misleading. Yes, it is due to budgets cuts and recommendations of the country fiscal advisor that all Library Clerk II positions have been eliminated, but note that it is all. And there was never a decision to pack up the books and put them in storage. On the contrary, the collection will stay intact, and will be covered and protected the same way it is every summer to prevent sun and dust damage. No parents have come forward to volunteer to run the library. Not one! And the decisions that have been made by the district are exactly that, the District's - the unions are not the problem here. If you want to stir up drama, try sticking to the truth, and try using it to make a difference and set things right for our students!
Mary Ann KannelyPuente May 24, 2013 at 09:24 pm
The other issue is if the Library is run by volunteers then union jobs will be lost. In other wordsRead More if the work can be done for free why pay someone.
Mary Ann KannelyPuente May 24, 2013 at 09:22 pm
I information I read in the Gilroy Dispatch is that all the part time library clerks will be laidRead More off. So there will be no staff to run the library. Luigi probably has no storage for all those books so they will be left on the shelves. This recommendation was made by the County Fiscal Advisor, Nimrat Johal. She said this won't impact the students or the classroom. Really???!!!
R. Gabriner May 13, 2013 at 02:37 pm
Nice work Blanca. An excellent student in our program. Dr. Robert Gabriner, Director, EducationalRead More Leadership Doctoral Program San Francisco State University
Raymond Ruiz April 13, 2013 at 10:54 pm
It just don't matter how she dresses,whoo her parents are or aren't. Nobody and I mean Nobody hasRead More the right to rape or force a femsle to have sex with her,and then to make matters worse,they posted pictures of her on facebook ! Better we as a community should be asking,what would possess the young guys to do something like this ! That is why We have Our teenagers and kids passwords or no internet period ! As a parent my heart goes out to het and her parents !
Tamra~Kathleen April 13, 2013 at 05:51 pm
The offensive comment we're discussing shows a complete lack of respect for women that permeates ourRead More culture. That this person actually thought this poor young girl had culpability for her attack is a symptom of our societies disregard for women. I'm actually glad he made the comment so we can look at and discuss the problem.
Berto April 12, 2013 at 07:27 pm
From one of the interviews I watched online, it seems that many Saratoga High students knew whatRead More happened at the party and had seen the pictures. How is it that arrests did not follow the assault and the suicide for over 6 months? Could it be that the students who knew information about the felony chose to remain silent? I hope that is not the case; we will surely find out as the details of the case are revealed in the media over the next weeks and months. In the meantime lets make sure we are teaching our kids about the responsibility of living in community and caring about others. God forbid that any of the students have to live with the knowledge that they could have prevented the suicide, or with the knowledge that they helped cover up such a heinous crime.