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The release of ab109 inmates

Whittier, CA |
Filed under: Criminal defense

Now that the supreme court made its decision on releasing 10000 inmates would that affect in any way the inmates in la county jail serving under ab109 giving early release or expanding good time credits there. My understanding is early release has been given to county inmates but ab 109ners do all there time would this change any of that now that the court has given there decision

Attorney Answers 3


  1. It certainly will, but just and when is unclear. No one really knows this answer yet too specifically. It is probably too early. The latest Supreme Court decision you refer to actually just says there is no reason to delay implementation of an order they made a few years ago. California then did not reduce the prison populations enough. Your understanding is generally correct. I do not think all inmates in County Jails will see early release. Also, I would anticipate that the release dates of those already in custody will not be affected too much. What will most likely occur is that the release dates of those who are just arriving to state prisons, especially those who do not need to serve 85% or 80% minimum time, but who are eligible for good-time, work-time (50% time) will see their release dates becoming earlier than similarly situated folks from a year earlier.

    What might happen is we will see an amendment to AB109 to expedite the prison "depopulation" and "realignment."


  2. Unfortunately the recent decision deals directly with state prisons and not county jails. These are completely different people with completely different budgets. The prisons are run by the State Department of Corrections and Rehabilitation, and gets its funding from Sacramento. The County Jails, on the other hand, are run by the Sherriff's Droartment of the county where they sit, and are (mostly) funded by the County Board of Supervisors. The immediate answer to your question then is No. Inmates will need to realeased from the state prisons, not the county jails.


  3. Mt Hagopian is correct.

    The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.

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