Prison Realignment

If you have been arrested and charged with a crime, or are currently serving a sentence for a crime, you may be affected by California's recent prison realignment program. Sacramento prison realignment lawyers Bonilla & Cintean can help explain how the law affects you.

Set into motion on October 1, 2011, California's broad prison realignment plan has far-reaching impacts for those accused of crimes, as well as those serving time and on parole. Faced with a budget crisis and overcrowded prison conditions that were found by the U.S. Supreme Court to constitute cruel and unusual punishment, California has begun radically restructuring its prison system. The main thrust of realignment is to take many prisoners out of state prisons and transfer them to county jail facilities. This creates a "trickle down" effect for those convicted of less serious offenses, meaning that many already serving sentences in county jail will be released, and that sentences for many lesser crimes will be dramatically altered.

With realignment comes a focus on shortening prison sentences for those found guilty of lesser crimes. A greater focus on alternative sentencing is expected, including electronic monitoring, vocational training, and drug treatment and rehabilitation. The structure of sentences is also being revised. Those serving sentences in county jails will now be eligible for early release on good behavior after half the sentence is served, as opposed to the previous two-thirds. Suspended sentences and probation are expected to increase. A "mandatory supervision" program, administered by county probation officers, will replace state parole for many individuals.

Generally, only those found guilty of non-violent or non-serious crimes are expected to be housed in county jails, although some crimes involving violence do now qualify for punishment at the county level, such as certain manslaughter charges, possession of explosives, and simple assault and battery. However, many crimes are not affected by realignment. Most violent crimes, serious repeat offenses and serious sex offenses will continue to be served in state prison, and follow existing rules for parole. The juvenile justice system is not affected by realignment.

Many other details are impacted by realignment, from bail to conduct credits. Counties are being forced - and encouraged - to work creatively and proactively to find ways to administer alternative sentences and shorten jail time.

Prison realignment will have a major impact on most criminal sentences in California. It has also created great upheaval and uncertainty in local county criminal courts and jails. A Sacramento prison realignment attorney can help you amidst this uncertainty to preserve your rights and ensure that your sentence is handled fairly. This pertains to sentencing of cases currently at trial, sentences that are currently being served, and those on parole or probation. At Bonilla & Cintean we have deep experience from the prosecutor's side, and understand how these widespread changes are affecting prosecution and sentencing today. To take an important step towards your freedom, contact the attorneys at Bonilla & Cintean at (916) 447-7842.