AB 109 is part of Brown's “realignment” plan to give some responsibilities back to local governments, and it's not a plan that's getting wide acclaim.
Last week Sheriff Frank Rivero – who was on hand for the Tuesday discussion – condemned the plan, pointing out its potential impact on his agency and arguing that it would create a significant public safety issue.
This week, District Attorney Don Anderson told Lake County News he, too, is concerned about the impacts, all of which aren't fully known at this time. But he said there will be a cost for handling more cases locally and for the extra responsibilities the county's law enforcement agencies will be expected to assume.
State Parole Agent John McNunn, who supervises Ukiah's State Parole unit, appeared before the board Tuesday to give them the update on what AB 109 could mean for Lake County.
McNunn said the state's parole division has five and a half agents that monitor Lake County's 250 to 300 parolees. That “half” agent covers second strikers both here and elsewhere.
He said AB 109 is “a moot point” since there's currently no funding for it, but it's meant to be a realignment of the criminal justice system. “A lot of the onus of this falls directly on you,” he told the board.
At this point, if AB 109 went into effect, there would be 150 felons coming to Lake County out of the prison system and parole jurisdiction, he said. That will mean the county will need to come up with additional funding and staffing to monitor these individuals. Those on parole currently are visited by agents at their homes and drug tested by state agents.
“I don't know where it's going to come from,” McNunn said of the money the county will need to supervise the felons.
He said it currently costs about $1,200 to run a person through the parole system for a violation. AB 109 will eliminate the Board of Parole Hearings except for lifer hearings, with felons now going through county court systems for violations and serving their time in county jail – where they can stay for up to three years – not state prison.
“There's a lot of things that haven't been worked out,” he said.
Sex offenders would continue to be monitored by GPS and will stay on parole, as will second strikers. Those convicted of serious felonies like murder, robbery and attempted robbery will remain in prison, and any parolee with a prior conviction for those crimes will stay on parole, McNunn said.
However, those who are convicted of committing petty theft, drug offenses, property crimes, assault, having gang affiliations, spousal abuse and even assault on a peace office will serve time locally, as those crimes aren't considered “serious” felonies under the newly signed law, he said.
“I would hope they would raise some things up into the felony category,” he said, noting that auto theft and grand theft will require a higher monetary loss figure to earn prison.
Said Supervisor Rob Brown, “The questions could go on forever.”
He asked who it was supposed to benefit. “This is the most ridiculous thing.”
McNunn said he believes it's to get the state out from under the cost of dealing with prisoners.
“Protecting people is an expensive business,” said Brown.
McNunn noted some sheriffs, and the state sheriffs association, have favored the plan if they could get the funding to support it.
“No matter how much money they give you, it's never going to be enough,” McNunn said.
“It all comes down to money but it's also space,” said Supervisor Denise Rushing.
Brown said they need to advocate for more protection for citizens. “A bullet costs very little. It may come to that point,” he said, adding, “God help the son of a gun that comes to my house.”
Board Chair Jim Comstock asked the criteria for keeping drug dealers in prison. McNunn said they would only be eligible for prison if they were caught transporting drugs between states, which would become a federal issue.
Supervisor Anthony Farrington said the situation looked “very grave” from his perspective.
Farrington asked if there was a court ruling driving the process.
“It's the state budget that's driving this action,” said County Administrative Officer Kelly Cox.
Brown said the releases would fill up the Lake County Jail, and would result in people awaiting trial being released on their own recognizance. He said it would have an effect of releasing potentially violent criminals into the community.
McNunn said it was moving the revolving door down to the county level.
Supervisor Jeff Smith thanked McNunn for coming and explaining the situation. “The cost of it to save money is just unbelievable, because it's not going to save a dime,” said Smith, calling the plan “nuts.”
Comstock pointed out the irony that they were getting McNunn's update shortly after offering a proclamation designating April 10-16 as National Victims' Rights Week in Lake County. He suggested victims' rights are going to be violated because of AB 109.
“It's ridiculous,” Comstock said.
E-mail Elizabeth Larson at
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