(Image Credit: IMAGN) A prisoner looks out of his cell at the Franklin County Jail in downtown Columbus on Friday, February 17, 2017
Sacramento, California – For years, Republican-led efforts to tighten California’s criminal sentencing laws have struggled to gain traction in a Legislature dominated by Democrats. However, a shift in public sentiment — notably reflected in the voter-approved Proposition 36 last fall — may pave the way for a new chapter in the state’s criminal justice debate.
Last week, Republican Senate Minority Leader Brian Jones’s (R-Santee) bill to limit early release for sex offenders through California’s elderly parole program passed its first legislative hurdle. Senate Bill 286 received unanimous approval from the Senate Public Safety Committee, a significant breakthrough for a proposal that had previously been shelved without a hearing.
“I don’t think it would have passed a committee last year,” Jones said. “The smart Democrats are getting it. The voters spoke overwhelmingly.”
The shift follows the passage of Prop. 36, which rolled back some of the state’s decade-old sentencing reforms. Though many Democrats opposed the measure, they are now responding to its mandate by considering stricter policies — a reflection, they say, of changing voter expectations.
“This isn’t a return to mass incarceration,” said Sen. Jesse Arreguín (D-Oakland), chair of the Public Safety Committee. “But voters want more balance. Just focusing on restorative justice and prevention, and not focusing on accountability, that’s not where the voters are now.”
SB 286 targets a 2014 program that allows inmates aged 50 or older — who have served at least 20 years — to petition for parole. The bill would exclude sex offenders from qualifying early, though they would still be eligible at age 60 or when their original sentence allows. Arreguín worked with Jones to remove murder convictions from the bill, narrowing its focus.
Supporters, including San Diego County District Attorney Summer Stephan, argue victims should not be retraumatized by repeated parole hearings for those convicted of serious sexual crimes. Critics, such as the ACLU and other justice reform groups, say the bill unfairly shuts the door on rehabilitated individuals, especially as studies show the risk of reoffending declines with age.
Even with recent bipartisan momentum, justice reform advocates say the broader trend toward reducing incarceration continues. “There’s still plenty of support for public safety strategies that address root causes,” said Tinisch Hollins of Californians for Safety and Justice.
Still, Republicans like Jones see an opening: “We’re smart enough to know how far we can go.”
