Los Angeles Criminal Defense Lawyer Blog

The overcrowding in California's correctional system was brought into harsh light by the revelation that 1 in every 36 Californians is either in prison, in jail, on parole or on probation. The disturbing statistics were released as part of a state-by-state study of the nation's correctional systems by the highly respected, independent, non-profit Pew Center on the States. (Read more about the study in our March 4 blog.)

In California, prison overcrowding and the state's budget crunch are creating a perfect storm that threatens to put criminals back on the streets. State officials say they simply have no choice. There is neither space nor money to provide for the state's growing prison population. According to the Pew report, corrections is one of the fastest-growing items in state budgets, costing an annual $68 billion nationally. As the Pew report notes, for the cost of incarcerating a single prisoner for one day, 12 parolees can be monitored during that 24-hour period.

There are viable solutions. "Violent and career criminals need to be locked up, and for a long time. But our research shows that prisons are housing too many people who can be managed safely and held accountable in the community at far lower cost," Adam Gelb, director of the Pew Center's Public Safety Performance Project, said in a press release on the Pew Center website. The Pew report recommends increasing lower-cost community-based alternative sentencing options. Better processing procedures could enable improved risk assessment and the increase the use of alternative sentencing options.

California offers a number of excellent alternative sentencing options, notes experienced Los Angeles criminal defense attorney Stephen Rodriguez. "Finding the right Alternative sentencing strategy that the judge and prosecutor will accept is the job of a knowledgeable and skilled attorney," he said. "Keep in mind that alternative sentencing is punishment and must fit the crime."

Alternative sentencing programs offered by the state of California include:

• community service


• electronic monitoring


• work release programs


• graffiti clean up


• drug and alcohol rehabilitation programs

While the Pew report recommends expanding eligibility requirements, current California alternative sentencing options are available only to defendants who have not committed the most heinous crimes, those who have not committed crimes for which mandatory sentences are mandated, defendants who are not repeat offenders, those who have not committed a serious felony, and defendants who do not pose a risk to either themselves or the community.

For more information about alternative sentencing and your potential eligibility, contact the experienced criminal defense attorneys at Stephen G. Rodriguez & Associates.