Home>Articles>Deputy DA Outraged Over Brown’s Lawsuit to Stop Ballot Initiative
Articles Governor

Deputy DA Outraged Over Brown’s Lawsuit to Stop Ballot Initiative

Gov. Rebuked by CA Supreme Court for ‘Abuse of Power’ Over Pardons and Commutations

By Katy Grimes, January 4, 2019 7:15 am

Four-term Democratic California Governor Gov. Jerry Brown made reforming California’s criminal justice sentencing guidelines a priority over his 16 total years as governor. Add to that his record number of pardons and prison commutations, and violent prison inmates have been released or made eligible for early release, according to a group of Deputy District Attorneys … and not without consequences.

Brown granted 1,189 pardons and 152 commutations during his past eight years in office, more than any other governor in modern California history, according to the California Department of Corrections and Rehabilitation.

Criminal Justice ‘Reforms’

Proposition 47, titled The Safe Neighborhood and Schools Act, reduced a host of felonies to misdemeanors, including drug crimes, date rape, and all thefts under $950, even for repeat offenders who steal every day.

Proposition 57, titled Juvenile Criminal Proceedings and Sentencing, was billed to the public as criminal justice reform, allowing early release for “non-violent offenders,” but the initiative not only failed to define who qualified as a “non-violent offender,” numerous heinous crimes qualified as “non-violent” under Prop. 57.

Deputy DA Michele Hanisee

“This failure left the prison doors open to many convicted of arguably violent crimes,” said Michele Hanisee, President of the Association of Deputy District Attorneys, in an interview with California Globe. “Not only were violent prison inmates made eligible for early release, many have since been released thanks to Prop 57.”

Additionally, Gov. Jerry Brown’s A.B. 109 “realigned” California’s overcrowded prison system, shifting responsibility of repeat, newly classified “nonviolent” offenders from state prisons to county jails. Those released were assigned county probation officers rather than state parole officers. Many of those newly “non-violent” criminals let out of county jails due to overcrowding are living on California streets, on parkways, rivers, and canals, and using the streets as their toilets. Several large California cities have experienced deadly Hepatitis A outbreaks, inflicting thousands, and killing more than 40 people.

Several California lawmakers proposed legislation to address these loopholes in Propositions 47 and 57, but the bills were quickly killed or shelved during committee hearings.

With no legislative fix, the “Reducing Crime and Keeping California Safe Act was created by The California Public Safety Partnership , to reclassify currently “non-violent” crimes like rape of an unconscious person, and sex trafficking of a child, to prevent the early release of the violent inmates convicted of these crimes, as well as reforming the parole system to stop the early release of violent felons.

Supreme Court Rejects 10 of Gov. Brown’s Clemency Requests

Most recently, the California Supreme Court has rejected 10 of Gov. Brown’s clemency requests to commute sentences of longtime prison inmates, including violent murderers.

“Governor Brown has signed more clemencies and pardons than any governor in history… more than 2000 as governor,” said Hanisee. “And while it doesn’t appear to be political cronyism, this sweeping gesture is disrespectful of the constitutional rights of the victims.”

However, Gov. Brown recently filed a lawsuit against the “Reducing Crime and Keeping California Safe Act initiative to prevent it from being on the 2020 ballot.

“Governor Brown, having been rebuked multiple times in the past month by the California Supreme Court for ‘abuse of power’ in issuing pardons and commutations, has now resorted to a lawsuit aiming to prevent voters from enacting common sense fixes to his badly flawed Proposition 57,” said Hanisee.

Brown is now attempting to block the “Reducing Crime and Keeping California Safe Act from appearing on the 2020 ballot by claiming the Secretary of State erred in setting the number of valid signatures needed for the initiative, Hanisee explained. “The initiative is aimed at fixing the many unintended consequences generated by the public safety ‘reforms’ promised in Propositions 47 and 57.”

“Irrespective of the merits of Proposition 57, where does this put us as a society? Ballot initiatives are meant as a voice for the people,” Hanisee said. “That measure had received sufficient signatures to appear on the 2018 ballot, but multiple counties failed to verify signatures by the deadline imposed by the Secretary of State,” Hanisee said. “Of course, the Governor and his office never registered any objection when the Secretary of State published the required signature threshold, nor did he attempt to intervene via a lawsuit before the signature gathering effort commenced.”

“Now after the fact, Brown wants to say it’s not enough,” Hanisee said.

In a recent interview with the Los Angeles Times, Gov. Brown said the Reducing Crime and Keeping California Safe Act ballot initiative is “deeply un-Christian because it denies redemption” … “And redemption is at the heart of our whole civilization.”

“This exhibits he has no valid argument against the initiative,” Hanisee said. “’Redemption’ isn’t one of the ‘unalienable rights’ promised in the Declaration of Independence; life, liberty and the pursuit of happiness are.”

Brown filed the lawsuit in California Superior Court instead of with the State Supreme Court so it will have to go through the appellate process. “This is really offensive,” Hanisee said. “The legal issues are narrowed, by limiting who is eligible for early release, because it divests the California Department of Corrections and Rehabilitation of authority, giving the Legislature the power.”

Hanisee said Prop. 57 gave the California Department of Corrections and Rehabilitation and parole officials extensive discretion to award sentence credits for rehabilitation, good behavior, or educational achievements. “They (politicians) keep talking about rehabilitation instead of incarceration, but there is no amazing new plan for rehabilitation… there is no new plan.”

California’s population has doubled to just shy of 40 million residents since Jerry Brown was governor in his first two terms, 1975-1983. The last two state prisons built were in 1997 and 2005, making a total of 20 state prisons. The prison and institutional population is approximately 115,000 offenders, according to the Public Policy Institute of California.

Katy Grimes

Katy Grimes, the Editor of the California Globe, is a long-time Investigative Journalist covering the California State Capitol, and the co-author of California's War Against Donald Trump: Who Wins? Who Loses?
Spread the news:
RELATED ARTICLES
Filter by
Post Page
Highlight Articles Governor Legislature
Sort by

CalRecycle Management Paid Bloated Salaries Even as CalRecycle is Dying

More than 50 percent of the recycling centers around the state are closed while taxpayers are paying $1.1 billion in
August 21, 2019 5:34 pm

8

The Role of the California State Controller

The Controller is a member of numerous financing authorities including the Franchise Tax Board and Board of
August 19, 2019 6:30 am

8

Role of the California State Treasurer

Serves as chairperson of the Public Employees’ Retirement System, State Teachers’ Retirement System
August 16, 2019 6:29 am

8

5 thoughts on “Deputy DA Outraged Over Brown’s Lawsuit to Stop Ballot Initiative

      1. As a retiree from CDCR, I can assure you that there are 34 state prisons in California. The names are often misleading.

        All of the prisons have substance abuse programs of some sort and all have “rehabilitation” programs available (vocational and academic programs) although it is my experience that there is no real commitment to rehabilitation.

  1. 5 major prison reforms since Brown’s first term (78) him being responsible for 3. All 5 in the name of what’s best for rehabilitation, all “sponsored” by a reform “expert” group, all really just to save $, ALL horrible failures. Prior to Brown our prisons were the world’s model of reform and rehabilitation. I’ve watched them close proven programs so they might have space for substance abuse training facilities (satf). SATF’s are privately owned but you cannot find who (person/s) the state is actually paying for them, that I believe is a good place to start reform.

  2. Brown is an idiot and needs to be investigated he is ran Calif into the ground. He wants Caif to be an independent state but keeps asking for federal aid. He sold out Calif to other countries and 1000s of people think he had something to do with the fires we alk know they were an inside job not deforestation (all you have to do is look at the pictures) the forrest didnt burn hense (DEWs) dont believe it was all PG&E and then theres the High Speed Rail ( and i will guarantee people will be on the lookout this year cameras in hand and they are not going to just stand by this time and take the fake BS) also the fake climate change (another money maker people are sick of it Agenda 21 Agenda 2025 can eat crap

Leave a Reply

Your email address will not be published. Required fields are marked *