DA Lisa Smittcamp: Gov. Newsom’s political agenda to close prisons is costing lives | Opinion

Editor’s note: The Bee Editorial Board offered District Attorney Lisa Smittcamp and Gov. Newsom the chance to further explain positions they took recently over the murder of a Selma police officer. The Editorial Board hoped to run both commentaries at the same time to benefit readers and inspire thoughtful debate. However, Newsom has not submitted an essay, and has not indicated if he will. Here is the district attorney’s commentary:

The horrific killing of Selma police Officer Gonzalo Carrasco Jr. has shed a bright light on the reality of the consequences of the early release of violent criminals from the California Department of Corrections and Rehabilitation, under the leadership of Gov. Gavin Newsom and Proposition 57.

Under the guise of criminal justice reform, Gov. Newson and our Legislature have continued to put the political agenda of closing prisons and freedom of felons over the safety of all Californians. Many of these inmates who are arbitrarily released early have long and violent criminal histories.

Proposition 57 was passed with a promise to voters that dangerous criminals would be kept behind bars, and only “non-violent” offenders would be released. That was a blatant misrepresentation of what is occurring.

Since the passage of Proposition 57, the average inmate who is sentenced to prison serves approximately 33% of the sentence imposed by a judge, according to experts in sentencing from the California District Attorneys Association. This is significantly less than what the same inmate would have served prior to Proposition 57. Inmates with qualifying prior convictions were required to serve 80% of their sentences imposed by the judges before this dangerous change in the law.

Additionally, time credits were not handed out like candy; they had to be earned. Time credits were given after inmates did things like obtain a GED or engage in substance abuse or anger management programs. When inmates have time to complete programs while incarcerated, it provides them more opportunities for rehabilitation and increases their chances for a productive future.

At the direction of Gov. Newsom, CDCR officials have also adopted regulations that further increase time credits for inmates. No rehabilitation or programming is required for these additional credits. Simply giving inmates unearned time credits does nothing to motivate them to change their lives for the better, or to learn things that will help lead a life free of crime. Furthermore, it does nothing to enhance public safety, as they leave prison emboldened and more likely to re-offend.

This tsunami of poor policies, laws and free time credits has allowed violent inmates to be released and commit more crimes upon release.

Fresno County Deputy DAs handle cases with defense attorneys every day in the Fresno County Superior Court. The goal is that when a plea is taken, that the punishment fits the crime. The facts and law are analyzed, as well as the defendant’s social and criminal histories, in an attempt to come to a fair and legal resolution in each and every case. “No offer” hard-lined prosecutions are not the answer to stemming the release of inmates.

Oftentimes, a single course of conduct may violate several different Penal Code sections, resulting in multiple counts being filed. However, Penal Code section 654 bars multiple punishments in those instances and prohibits the stacking of sentences from multiple counts stemming from one act. Because convictions for those additional counts do not add any/significant additional time in custody to an offender’s sentence, it is common for those additional counts to be dismissed in light of the plea. Factors and evidence presented to the DA by the defendant’s attorneys are also evaluated and considered in deciding what types of plea negotiations will occur.

Gov. Newsom has bragged that he has closed California state prisons, with a plan to close several more by 2025. Clearly, the easiest way to justify the closure of prisons is to have a low prison population, and the easiest way to accomplish that is to let inmates out early. It is ironic, now that he is pointing the finger, stating we did not get enough time on a person who came out early and committed this horrific act. In fact, more than 25,000 inmates have been released from California prisons since March 2020, all while the state has been under the population maximum that was set by the U.S. Supreme Court in its order to California to reduce its prison population and gave rise to AB 109.

With increasing gun violence, homicides and drug trafficking, police and prosecutors are paralyzed by the influx of career criminals who are being released early without adequate accountability and meaningful rehabilitation. Gov. Newsom’s political agenda to close prisons is succeeding, and it is costing lives. The agenda is also failing inmates, crime victims, and all Californians who want to be safe in their homes and communities.