COMMENTARY BY CRIMINAL DEFENSE ATTORNEY SAM SPITAL:
“The article published in the UT San Diego news on November 6, 2012 described the potentially unintended result of the October, 2011 legislation that authorized a transfer of inmates from California State Prisons to local County Jails. Thereafter, many were released, later violated the law but were not placed in custody. In particular, nearly 500 sex offenders were arrested, but were not jailed because of the lack of space in local facilities.
This is an extremely serious problem since the band aid approach to incarceration has raised huge concerns for the public safety. The reporter noted an example of one registered sex offender who violated parole, yet was not send back to prison before he killed two teenagers in San Diego. The conundrum facing the judicial system is trying to evaluate inmates for parole or probation and discern which ones represent the least risk of recidivism, as it is hoped our penal system helps them rehabilitate to become productive citizens in society. The challenge is to balance the desire to provide a ‘second chance’ with those examples of inmates that cannot be trusted and become repeat offenders.”
SAM SPITAL, Criminal Defense Lawyer