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Prison realignment loophole sees criminals back on streets unsupervised
By sgvtribune.com - Beatriz E. Venezuela
Published: 03/04/2013

A Chino man accused of a fatal shooting on Christmas had been released early from a San Bernardino County jail and left unsupervised as a result of a loophole in California's prison realignment program, according to authorities.

Larry Darnell Bishop, 20, along with Gary Arthur Davis, 20, and Jerron Harris, 25, both of Pasadena, have been charged in the shooting death of 49-year-old Victor McClinton, a Los Angeles County sheriff's employee and founder of a nonprofit youth sports league in Pasadena.

"Bishop is a person who we're seeing a lot more of," said Chris Condon, spokesman for the San Bernardino County Probation Department.

And Bishop is the type of person who is qualified for modified sentencing under Penal Code Sec. 1170 as a result of prison realignment.

Under Sec. 1170, anyone convicted of a so-called triple-non - non-serious, non-violent, non-sexual - offense can either complete their entire sentence in county jail or opt for a split sentence where part of the sentence is spent behind bars and the other is spent under probation supervision.

"The straight time was supposed to be the more severe of the two options," Condon said, "but these convicted folks are realizing that with the overcrowding situations in the jails, they can choose the straight time, get released early and end up not having to be supervised."

Condon hopes that the loophole can be closed through legislation.

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