California's Penal System: Untangle the Mess!

To the surprise of absolutely no one, the prisons in California are massivlely overcrowded. This no shock to the cirtizens of the Golden State, and no immediate fix is in the offing. However, it says here that a few simple changes may affect which criminals live on the taxpayers dime. This commentary intertwines two recent articles in the Contra Costa Times, to try and make sense of nonsense.

Assembly Jerry Hill, D-San Mateo, wants to pass legislation that would revoke the drivers' licenses of anyone convicted of  three DUI'S. It includes a provision similar to the "three strike law", wherein a third conviction results in a permanent revocation. This proposed legislation has not one tooth, sharp or otherwise. I have no scientific data, but I'm willing to bet that depsite the law, repeat DUI offenders will NOT march to the bus station and taxi cabs. You can revoke, revoke and revoke, but if you are a repeat offender over several times, you're just gonna do it again. Why not?

Laws already on the books provide for jail time for the repeaters, but there is just no more room. Yet we continue to jail people, support them with taxpayer funds, and a lot of these don't need to be there, compared to a repeat DUI'er, who is a constant to danger to society, once that first bit of alcohol passes the lips. Repeat offenders seem to follow this mantra: a) I don't care, or b) What are they going to do to me? or, c) A little bit of a & b. I say c says it all.

Now, on to the "overcrowding issue. Yes, I know that the California prison system is like a widely stocked lake with bad fish. There is no room for repeat DUI offenders. Well, make room. Here's how. The system has in its hands immigrants, both legal and illegal, serving sentences for  mainly "slap on the wrist" offenses. A lady in San Lorenzo, convicted of petty theft and receiving stolen property, in the 1980's, was imprisoned when United States Immigration and Customs (ICE) agents tracked her down. Good detective work, ICE. It only took two decades to find a legal immigrant, and chances are there is a repeat DUI offender living within 10 miles of an ICE agent. Let her go, and replace her with the man with 9 DUI conviction. Yep, you read it correctly: NINE DUI convictions.  Who would you rather have jailed, as a bigger risk? I could live next door to the San Lorenzo woman, but I couldn't walk down the streets with the other guy, without looking over my shoulder. He scares me; her, I'd have over for lunch.

There are scores of stories like this in California, and probably nationwide. The Iranian man with a master's degree in chemistry jailed after ICE discovered a 30 year crime. Another legal imigrant who has given back to society. His case probably makes him want to drink. Or how about Victor Garabay, an immigrant from Mexico. He moved here with his mother when he  was 15, 30 years ago. He held good, steady jobs, until he became unemplyed and homeless. His crime? Stealing food because he was hungry. Wrong? No doubt. But is he really a bigger threat to the lives and property of citizens than the person who blew a .22 blood-alcohol content test, then finally, was sentenced? I'll take my chances with the immigrants.

I'm all for immigration reform, but it must be used as designed. If they are here illegally, and they commit a crime, pack 'em up and send them home. If they are legal, effectively a U.S. citizen, mete out punishment as you would to a regular citizen. The Iranian man spent 16 months behind bars, now on home detention, for a minor 30 year old crime. Hell, Americans get less time than that for assault. Stealing food, while living under a freeway underpass? Okay, he was wrong. But the chances of him running down my family are pretty remote. So, he too, can have lunch with me.

Am I making any connections here? The California Department of Corrections (DOC) is overrun with prisoners, and ninety-nine percent deserve exactly what they got. But common sense and discretion are ringing their bells, and everybody in a California leadership position seems to be tone deaf. The Nicaraguan woman in San Lorenzo, the Iranian man in San Jose, and the Mexican man in the South Bay do not need to be taking up precious space that could be used to keep a possible killer off the streets. Overcrowding is an on-going issue in DOC, and may never be resolved. But while we are waiting for that miracle, put the right people behind bars. People barrelling down roads and sometimes sidewalks, doing double the speed limit while doubling (at least) the legal alcohol limit scare me. A homeless, jobless immigrant from Mexico does not instill the slightest ounce of fear. I challenge the governor and his fellow lawmakers to make room in DOC for the societal threats all around them.

Once last option I have in mind: After your first DUI conviction, try this requirement. Your vehicle insurance policy must include a provision that your policy will include a mandatory one year stay in a rehabilation center. You did it, you pay for it. Two things might be accomplished: This one year rehab stay just may be successful, and the now required traffic classes within the framework of the rehab center's mission. I don't know if this would work; I'm not any kind of expert. But, has anybody tried?