Public safety, "one-time" bills, and Governor Brown's initiative

Public safety, "one-time" bills,

and Governor Brown's initiative

by George Hofstetter


George Hofstetter

Santa Clara County District Attorney Jeff Rosen recently held a news conference to announce his support for Assembly Bill 2888 , legislation written by his office mandating a state prison sentence for persons convicted of sexually assaulting an unconscious person, While I fully support the bill, as the late Joan Rivers used to say, "Can we talk?"

As well intentioned as this measure is, it becomes nothing more than symbolism should Governor Brown's prison release initiative become law. What's the connection to AB 2888? Among the beneficiaries of early release in the Governor's initiative, are inmates serving sentences for raping an unconscious person, raping by use of an intoxicating substance, or rape where the victim was legally incapable of giving consent.

Wait, it gets worse! Under current law, for certain sex offenses, full-term consecutive sentences can be imposed. Brown's initiative changes that, allowing consecutive sentences for sex offenses to be disregarded when determining if an inmate should get an early release. In addition, early release of rapists, child molesters, and murderers is very likely as the initiative encourages the Department of Corrections and Rehabilitation to reduce prison time for "good behavior and approved rehabilitative or educational achievements."

Then, of course, there is Mr. Rosen, who joined San Francisco District Attorney George Gascon as the only two elected District Attorneys to not only support but campaign for the disaster known as Proposition 47. This initiative has created countless victims in California since its passage. As pointed out by the Los Angeles Police Protective League , in the City of Los Angeles, violent crime is up 47.7%, property crime is up 17.5 %, auto theft is up 37.8 %, and motor vehicle burglaries are up 27.5 %. Unlike Mr. Rosen, I don't think of some crime victims as being more deserving of justice than others.

Speaking of Mr. Gascon, let's examine a case from his jurisdiction to demonstrate the danger to public safety when one becomes enamored with "rehabilitation" over protecting the public. In San Francisco, racked by crime since Proposition 47, several weeks ago, a drug addict named Veronica Barahona stole a Fire Department ambulance and led police on a high-speed chase-until she crashed and destroyed the $250,000 ambulance . Released from custody by Judge Charles Crompton, who stated: " she needs treatment more than incarceration ." Barahona was back in custody scarcely two weeks later. This time, it was because she forced herself through the sliding glass door of a home at 10:20 PM and made her way into a bedroom, where the homeowner was awoken and started screaming. How's that "treatment" thing working out, Judge Crompton?

Jeff Rosen, Judge Crompton, and the Governor appear to share one thing in common; they subscribe to the mistaken notion that public safety should take a back seat to leniency for criminals, whether it be "treatment" instead of incarceration, early release from prison sentences, or making certain crimes consequence free. Prop 47 compounded the problem. Not only did Prop 47 make many theft crimes punishment free, but it also destroyed real drug treatment efforts and has led to a drug rehab system Los Angeles City Attorney Mike Feuer described as "broken at every level."

There is never a good time to reward violent felons with releases years before their sentence has been served. However, releasing them now, when departments such as the Los Angeles County Sheriff's Department are short-staffed by hundreds of deputies, is a recipe for disaster. "Broken at every level" will not even begin to describe the impact on public safety should Governor Brown's initiative pass.

To see my previous blogs on this issues, please see (1) Governor Brown's misleading initiative campaign hits a new low , (2) Governor admits initiative will release inmates early , (3) Governor Brown's initiative will make Proposition 47's failure seem like child's play , and (4) Governor Brown's Prisoner Release Initiative is a Bad Idea.

George Hofstetter is President of the Association for Los Angeles Deputy Sheriffs. ALADS is the collective bargaining agent and represents more than 8,200 deputy sheriffs and district attorney investigators working in Los Angeles County. George can be contacted at [email protected].

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