Sheriff Cites Big Increase in Early Release of Inmates

State legislation requiring relocation of incarcerated criminals from state prison to county jails has had a dramatic effect on the number of criminals being released early from jails in Riverside County, according to a Sheriff's Department news release.

An all-time high of 28 percent of the county jail beds once available for county inmates -- approximately 1,100 beds -- are now being occupied by realignment inmates sent there by AB 109, legislation enacted in October 2011 mandating that individuals sentenced to non-serious, non-violent or non-sex offenses serve their sentences in county jails instead of state prison.

According to authorities, the Riverside County Sheriff's Department has seen an 18 percent decrease in the number of jail bookings because of Prop. 47, which reduces the classification of most "nonserious and nonviolent property and drug crimes" from a felony to a misdemeanor. Yet even with fewer individuals being booked into county jails, officials still must adhere to a 1993 federal court order requiring the release of inmates any time the jail system exceeds maximum capacity.

Because of the extra burden placed on the system by AB109, there has been an early release of 2,006 inmates in Riverside County since November 2014.

Prior to AB 109 Realignment and during the initial 19-year span of the federal court order, the Riverside County Sheriff's Department was forced to release 24,236 inmates early due to lack of jail bed capacity. Since AB 109 Realignment, the department has been forced to release an additional 28,742 inmates early in order to remain in compliance with the federal court order. These additional releases surpassed the 19-year combined total by more than 4,000 additional releases in just a four-year time period, according to the news release.

AB 109 also mandated that state prison inmates on parole for the same category of offenses serve their violation term in a county jail instead of being sent back to state prison. Following AB 109 Realignment, the inmate population rapidly swelled and the Sheriff was forced to start the early release of inmates in January 2012.

Currently, nearly 400 AB 109 Realignment inmates in custody are sentenced to three years or more, with one sentenced to 13 years, increasingly tying up scarce bed space and capacity. The Riverside County Sheriff's Department has continued to expand its "alternative to incarceration programs", contracted continuously with the California Department of Corrections and Rehabilitation for inmate fire camp beds, and is exploring the possibility of housing inmates in other counties.

So far, the lowest monthly average of AB 109 Realignment inmates in custody in 2015 is higher than any month during 2014.