California Attorney General Jerry Brown has belatedly decided he will argue in court that the state’s early-release law should apply prospectively, not retroactively. It’s a little late. Had he responded earlier to requests from county sheriffs and district attorneys to act, Brown could have eliminated a lot of confusion.
Before a single jail inmate was released under the state’s controversial “good time” credit law, several sheriffs and the Sacramento County District Attorney’s Office asked the attorney general for guidance. Counties needed answers to basic questions: Did the early-release law apply to jail inmates retroactively up until the law took effect Jan. 25? Or did it apply only to good behavior by inmates after that date? The attorney general elected not to weigh in.
Dane Gillette, the head of the Justice Department’s criminal division said, “We would not take a position because we could not conclude that one side or the other was the right position.”
Now that early releases applied retroactively have produced an angry backlash from victims’ rights organizations, the attorney general has a firm position: The law should be applied prospectively. How convenient.
County sheriffs and DAs could have used Brown’s input weeks ago. Instead, with no guidance from the state’s chief law enforcement officer, chaos ensued. Different counties interpreted the law differently.
San Benito County Sheriff Curtis Hill, president-elect of the California State Sheriffs’ Association, says that about 60 percent of the state’s 58 counties have done what Sacramento did initially, applied the law retroactively and released thousands of jail inmates early. Under their interpretation, inmates who behaved well behind bars were entitled to have one day of their sentences reduced for every day they had served before the law took effect Jan. 25.
When Sacramento County Sheriff John McGinness applied the early-release law retroactively, he was acting on legal advice from both the county counsel and the Sacramento District Attorney’s Office. He was warned that if he did not release nonviolent inmates eligible for early-release credits, the county risked lawsuits for false imprisonment. If a prisoner eligible for early release got injured while incarcerated, the county would be liable.
McGinness could have done a better job warning local police chiefs about the releases and arranging services for the inmates when they left jail. But given the legal advice he received, he acted reasonably.
In some counties, releases continue. They have largely been halted in Sacramento because Superior Court Judge Loren McMaster, in a novel ruling, said the law’s “good time” credits didn’t apply to jail inmates at all. He clarified that ruling Thursday, saying that county jail inmates could receive credits for time served before Jan. 25 but not after that date. His clarification on his own restraining order only served to muddy the waters of an already murky law.
If Attorney General Jerry Brown really believes that the early-release law should apply prospectively only, he should have told the state’s county sheriffs that before the law took effect. His failure to do so left counties, sheriffs and the public twisting in the wind.