Governor Brown’s new prison realignment plan, AB 109, moves the responsibility of lower level offenders from state prisons to county jails.  This is a part of the Brown’s plan to help balance the budget.

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Below is a list of some of the over 500 felony crimes which will no longer lead to state prison time:

Ø  Vehicular manslaughter while under the influence (not involving gross negligence) (Penal Code § 191.5(c)(2)),

Ø  Felony child abuse (pursuant to Penal Code § 273d),

Ø  Elder financial abuse (various subdivisions of Penal Code § 368),

Ø  Street gang recruiting (Penal Code § 186.26),

Ø  Assault by means of force likely to produce great bodily injury (Penal Code § 245(a)(1),

Ø  Hate crimes (Penal Code § 422.7),

Ø  Practicing medicine without a license (Business and Professions Code § 2052),

Ø  Nearly all of the drug crimes, including sales of drugs to children and manufacturing methamphetamine (various Health and Safety Code sections),

Ø  Violations of the Gun Free School Zone Act (Penal Code § 626.9),

Ø  Threats of harm against elected officials (Penal Code § 76),

Ø  Insurrection (Military and Veterans Code § 455),

Ø  Female genital mutilation (Penal Code § 273.4),

Ø  A second violation of domestic violence protective order (Penal Code § 273.6),

Ø  Identity theft (Penal Code § 530.5),

Ø  Knowingly giving/selling a firearm to a person prohibited from possessing a firearm because he or she was committed to a mental institution (Welfare and Institutions Code § 8101),

Ø  Participation in an act of lynching (Penal Code § 405b),

Ø  Willfully and intentionally (or with reckless disregard for the risk of great bodily injury or death of any person) emitting an air contaminant that results in unreasonable risk of great bodily injury or death of any person (Health and Safety Code § 42400.3),

Ø  Mortgage fraud (Penal Code § 532f), and

Ø  Bribing electors to vote or not vote (Elections Code § 18521).

State Senator Sharon Runner issued the following statement after the Governor promoted his realignment policy to shift the responsibility of incarceration from the state to the 58 counties:

“Allowing convicted felons to be released onto our streets, without serving the terms to which they are sentenced, is not ‘strengthen[ing] public safety’ as the Governor has claimed.

“The Governor’s plan is a social experiment that simply won’t work in reality. At best, experiments should be done in a controlled environment with a small sample like testing a new drug. Governor Brown wants to use the entire state as a guinea pig.

“If this realignment experiment saves money, then why do we need to raise taxes to pay for it?

“Taxpayers won’t save money with this ill-conceived plan. Taxpayers are already paying the state to do this job, and now, the Governor wants us to double down so we can pay the counties for the same service.

“Local government will be overwhelmed as more and more convicted criminals are dumped into counties and the promise of new revenue from voter-approved taxes fails to come to fruition.

“This plan is dangerous. Public safety will be increasingly compromised.”

To read more about the realignment plan, click here.