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Confusion Surrounding Early Releases
By ocregister.com
Published: 02/09/2010

A law that took effect last month that was intended to reduce inmate overcrowding by allowing early releases at state prisons and county jails is sowing confusion.

Lawmakers of both parties have called for repealing and modifying the law, a county deputies' union has filed a lawsuit asking a judge to block it and a loophole was exposed after an inmate with a violent past was arrested on suspicion of attempted rape just hours after his release.

The law, which went into effect Jan. 25 and has resulted in the early release of about 300 inmates in Orange County, applies only to "low-risk" offenders, but the category is broad – and can be deceiving. For example, a person can be charged with a more serious crime before agreeing to plead guilty to a lesser one.

Virtually all of the roughly 4,700 inmates in Orange County jails are eligible to have their sentences reduced under the new law.

"Your chances of being a victim of a crime just went up a small amount," said Assemblyman Chuck DeVore, R-Irvine, who along with most Orange County lawmakers voted against the new law, which is designed to ease crowded prisons and save money.

"We won't see mayhem in the streets over night, but in the long run, if this continues, there could be a systematic impact on crime rates," Devore said.

Two Republican lawmakers who had opposed the law - Sen. Tom Harman of Huntington Beach and Assemblyman Curt Hagman of Chino Hills - issued statements calling for a halt in the early releases from county jails.

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