Calif. Inmate Law Hinges On Elusive Funds

SACRAMENTO, Calif. (AP) -- Responsibility for jailing and supervising thousands of California criminals will shift from the state to local governments under a bill signed into law Monday night by Gov. Jerry Brown. Brown approved the measure over the objections of some law enforcement officials who say there is no money for them to comply.

Brown sought the realignment to help cut the state's nearly $27 billion deficit, ease crowding in state prisons and promote rehabilitation programs.

But he has been unable to persuade Republicans to approve a special election where voters could extend temporary taxes that are due to expire in July. Brown's plan calls for $5.9 billion of the vehicle and sales taxes to fund the realignment, with guaranteed money to local governments.

The bill would give local law enforcement responsibility for low-level adult offenders convicted of nonserious, nonviolent and non-sexual offenses, along with many parolees and rehabilitation programs. It would remove up to 30,000 inmates over three years from what is now the nation's largest state prison system.

"Cycling these offenders through state prisons wastes money, aggravates crowded conditions, thwarts rehabilitation, and impedes local law enforcement supervision," Brown said in his signing message. He called the new law "a bold move in the right direction."

Some law enforcement organizations had called on Brown to delay signing the bill until the money is in place to pay for more jails, rehabilitation programs and alternative sentencing like house arrest. Law enforcement organizations representing sheriffs and prosecutors want a guarantee built into the state Constitution to make sure they still get the funds once the governor leaves office.

Brown pledged to work "as long as it takes" to get the constitutional guarantee.

He signed the measure, AB109, as he prepares to travel the state trying to build pressure on Republicans to support the tax extensions. He and Democratic leaders in the Legislature are counting in part on public safety officials to lobby Republicans.

California State Sheriffs' Association spokesman Nick Warner said sheriffs had supported Brown's realignment only as a package deal with guaranteed funding. Without that money, "it's a potential disaster," Warner said.

"Done incorrectly, this is a hugely dangerous public safety bill," Warner said. "We don't have room for these people in the jails. People who are in prison, we don't have places to put them."

The association representing chief probation officers took a different position and plans to lobby lawmakers to approve the money and guarantees now that the bill is law.

The law affects only offenders convicted after July 1, with current inmates remaining under the state's supervision. Brown previously made concessions to local law enforcement by changing his original plan to keep more serious criminals and juveniles under state control. A second bill signed by Brown, AB111, is designed to help speed up state bond funding for building local jails.

(Copyright 2011 by The Associated Press.  All Rights Reserved.)