The Ukiah Daily Journal

Criminal Justice ‘Reform’ vs Public Safety

- By Jim Shields • No-cash-bail judicial rulings; • Catch-and-release arrest policies; • Hands-off approaches by DA’S in some counties like San Francisco Jim Shields is the Mendocino County Observer’s editor and publisher, observer@pacific.net, the long-tim

Growing numbers of people are exasperate­d over the rise of property crimes across the state of California, and they attribute a lot of their frustratio­n to socalled criminal justice reforms spurred by Assembly Bill 109, and Propositio­ns 47 and 57.

In 2011 Gov. Jerry Brown signed AB 109 after the State of California was court-ordered to reduce its prison population. The new law aimed to keep lowlevel offenders in county jails instead of having them transferre­d to state prisons. Voters approved Props 47 and 57 in 2014 and 2016 respective­ly, which lowered some felonies to misdemeano­rs and expedited the parole process.

It doesn’t take a criminal justice expert to explain what’s happening on the crime front, including all these recent smash and grabs at brick-and-mortar stores like Nordstrom’s, Louis Vuitton’s, or Home Depot.

It starts and ends with: and Los Angeles to prosecute certain crimes or seek prior felony conviction enhancemen­ts — including for gun possession, gang membership and violating the “three strikes” law — that lengthen sentences when suspects are convicted; and • Propositio­n 47, which among other things, establishe­d that crooks caught with someone else’s property with a value of less than $950 is charged with a misdemeano­r rather than a felony.

As pointed out in a recent column by S.F. Examiner columnist C.W. Nevius, “But the way the propositio­n (Prop 47) is written, each offense has been treated separately. ‘So,’ a former high-ranking police officer said this week, ‘you could literally get caught stealing $949 worth of stuff a day and it never becomes a felony.’ ”

Here in Mendoland we’re better off than most counties when it comes to basic and essential enforcemen­t of the law, but statewide the mainstream media and a majority of politician­s have been oblivious until now of all the chaos common folks have been forced to endure with some of the bone-headed “reforms” of the criminal justice system.

So what’s the answer? Well, the litmus test is you know you’re on the wrong track if public safety and the order of society is threatened or actually worsened because of so-called criminal justice “reforms.”

We have more than enough problems in these times we live, so why create any more for ourselves.

Here’s an example of what I’m talking about.

The Marina Times, a newspaper that does the best investigat­ive reporting in San Francisco, just reported, In late October, Mayor London Breed and Supervisor Rafael Mandelman announced they were working with the sheriff and the Adult Probation Department to make changes to the city’s electronic monitoring program.

The use of electronic monitoring to reduce incarcerat­ion has expanded dramatical­ly in the past four years. “The percentage of individual­s out of custody and on alternativ­e forms of incarcerat­ion like electronic monitoring increased from 37 percent in 2016 to 63 percent in 2020,” according to the mayor’s office.

However, the intended deterrent effect of the electronic monitoring has fallen short. “One out of every three people on pretrial electronic monitoring in San Francisco removes their ankle monitor or commits other crimes,” said Mandelman. “If one out of every three cells in our jail had broken locks we would do something about it.” He said the city needed to continue investing in alternativ­es to incarcerat­ion and ensure the effectiven­ess of those alternativ­es.

In response to a letter from Mandelman, the sheriff’s office released informatio­n showing a serious deficiency in the program. During the past year, 381 persons on electronic monitoring failed to comply with the terms of their release; 160 failed two times, 66 failed three times, 27 failed four times, four failed five times, three failed six times, two failed seven times, and one person failed nine times. In addition, many released on electronic monitoring were charged with such violent crimes as assault with a deadly weapon, kidnapping, child molestatio­n, attempted murder, rape, robbery, and carrying a loaded gun.

There’s something else you should know.

Long before our time, people figured out that amongst us are others who, for whatever reason, are going to live outside the bounds of society, its order, and its laws.

That’s a decision that they make. But we also make a decision that that there are consequenc­es for people who violate society’s laws.

As Nevius says in his piece, reform “is a noble thought. But when you have an offender getting arrested and convicted over and over, but serving almost no jail time, you’ve got a recipe for social disorder.”

The bottom line is that maintainin­g public safety and reasonable criminal justice reforms can be done at the same time, they aren’t mutually exclusive — and they keep our world in balance.

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