Tag Archives: Compassionate Release

Incapacitated prisoners too costly to keep

28 Dec

By Jamie Fellner
Special to The Bee

California has a hard time letting dying and incapacitated prisoners leave: Over the past two years, an average of 37 prisoners a year received either medical parole (if incapacitated) or a sentence recall (if dying). That’s 0.028 percent of the prison population.

There are no national figures, but our research suggests state and federal laws permitting the early release of prisoners who are terminally ill, permanently incapacitated or simply too old to get out of bed are greatly underutilized.

Release on medical grounds is conspicuous by its absence.

In the Federal Bureau of Prisons – which with 218,000 prisoners, operates the largest prison system in the country – 30 prisoners received compassionate release in 2011 and 37 thus far in 2012. At 0.017 percent of the population, that’s fewer proportionally than in California. Texas is doing better, with 100 prisoners last year – 0.066 – although hardly a figure to feel good about. New York has never exceeded 10 medical parolees in a year.

Why so few?

Officials cite public safety.

Most people would agree that early release on medical grounds would be unwarranted for a prisoner capable of committing a serious crime and likely to do so. The head of the Texas Board of Parole recently suggested that a prisoner on death’s doorstep might have a miraculous recovery and commit a serious crime. She didn’t point to any statistics on the recidivism of dying or incapacitated prisoners who secure early release. We suspect the cases are few and far between.

Continue Reading @ SacBee

Report: BOP Rarely Seeks ‘Compassionate’ Release

6 Dec

 

Photo by danielfoster437, via Flickr

The Federal Bureau of Prisons (BOP) rarely seeks early release for prisoners facing imminent death or serious incapacitation, according to a report released today by the advocacy groups Human Rights Watch and Families Against Mandatory Minimums.

In 1984, Congress gave federal courts authority to grant early release — also referred to as “compassionate release” — for “extraordinary and compelling” reasons, but only when a motion to do so has been submitted by the BOP.

The BOP has averaged about two dozen such motions each year since 1992, according to the study. The BOP requires prisoners to be within 12 months of death or irrevocably incapacitated in order to be considered for compassionate release; prisoners do not have the right to challenge BOP decisions in court.

The report’s authors recommend that the BOP bring early release motions to court whenever a prisoner can present “extraordinary and compelling” reasons for release, “regardless of whether bureau officials believe early release is warranted.”

Read the study HERE.

Via The Crime Report

Lake Co. convict wins California’s first medical parole

15 Jun

Marisa Lagos, Chronicle Staff Writer

A man sentenced to a 68-year prison sentence for a 2006 home-invasion robbery has become the first person in California granted parole under a new law authorizing the release of medically incapacitated inmates to save the state millions of dollars.

Craig Lemke, 48, poses no threat to public safety due to his medical condition, a two-member panel of the state Board of Parole Hearings found today during a hearing at the Pleasant Valley State Prison in Coalinga. The Lake County convict’s medical condition was not disclosed for privacy reasons.

He was the second inmate to be considered for medical parole under a law authored by Sen. Mark Leno, D-San Francisco, that went into effect this year. The law states that inmates who are “permanently medically incapacitated with a medical condition” that makes them “unable to perform activities of basic daily living” may be released if they do not pose a threat to public safety.

A spokeswoman for the court-appointed medical receiver in charge of California’s prison health care praised the board’s decision, saying it will save the state up to $750,000 a year in guarding costs, and an untold amount on Lemke’s medical care.

“We’re pleased the board found he met the criteria,” Nancy Kincaid said. “We are continuing to look for more individuals that could meet the criteria… There are a total of 40 (inmates) on the list, and we are always working to identify more.”

Continue Reading @ SF Gate

California prison officials hold 1st ‘medical parole’ hearing for convicted rapist

24 May

Nick Roman | KPCC

California takes a small step toward reducing its inmate population and prison costs today. Prison officials will consider whether to grant “medical parole” to a paralyzed inmate.

Steven Charles Martinez is serving a life sentence at Corcoran State Prison for an especially brutal rape and kidnap 13 years ago. After he was convicted and sentenced, Martinez ended up at Centinela State Prison in Imperial County.

Ten years ago, a pair of inmates attacked him and stabbed him in the neck – severing his spinal cord. Ever since, Martinez has been a quadriplegic – but he’s been under guard the whole time. At 42, Martinez could live another 20 years or more – which means paying for guards for another 20 years, too.

Continue Reading @ KPCC

Calif. Senate OKs bill to release sickest inmates

3 Jun

By DON THOMPSON Associated Press Writer

SACRAMENTO, Calif.—California’s sickest inmates would be released on medical parole to shave millions of dollars from the spiraling prison budget under a bill approved Wednesday by the state Senate.The measure would let the parole board send severely disabled inmates to outside facilities without posting guards around the clock.

The move also would result in federal insurance programs paying more of the cost of the inmates’ care.

State Sen. Mark Leno, D-San Francisco, said his bill could save California $200 million annually.

It was sought by a federal court-appointed receiver who controls prison medical care after lawmakers and Gov. Arnold Schwarzenegger proposed cutting $811 million in inmate health care costs.

Prison spending now consumes 11 percent of the state’s general fund, more than California’s two public four-year university systems.

Leno’s SB1399 passed 21-13 and now goes to the Assembly.

Leno, said many of those who would qualify would be comatose, paralyzed or permanently disabled. His bill excludes those facing the death penalty or life without parole. If a parolee’s health improves, the person could be returned to prison.

“This is of no risk to public safety,” Leno said.

Sen. George Runner, R-Lancaster, countered that definitions in the bill were written so broadly that they could include inmates who are less seriously ill.

Sen. Rod Wright, D-Inglewood, said opponents of the move were confusing revenge and public safety.”We take a guy who’s in a coma and we say, ‘you’re going to stay in prison.’ Frankly, he doesn’t know where he is,” Wright said. “Why are we having people watch him lay in a hospital medical bed?”

Source: Mercury News

Small group of ill inmates costs state plenty

19 May

Marisa Lagos, Chronicle Sacramento Bureau

Rich Pedroncelli / AP

J. Clark Kelso, the federal overseer of the state prison health care system, stands outside Folsom State Prison in 2009. He says the audit addresses many issues he has tried to tackle.



(05-19) 04:00 PDT Sacramento -

As California struggles to pay for social services for its poorest residents, it spends hundreds of millions of dollars a year on health care for a small group of sick inmates – in one case $1 million during a dying inmate’s final year, according to a state audit released Tuesday.

The state also spends billions of extra dollars on the longer sentences handed down under the state’s “three strikes” law in part because those inmates age in prison and need health care, the report by State Auditor Elaine Howle found.

Roughly one-quarter of the $2.1 billion spent on prison health care in 2007-08 paid for specialty health care, or services beyond primary care. Specialty care is provided by contractors, and typically involves inpatient acute medical and surgical care.

About 59,000 of the state’s 170,000 inmates received specialty care, with only 1,175 inmates accounting for a large portion of specialty health care spending: $185 million a year.

“In contrast, a large majority of the population of inmates incarcerated during 2007 and 2008 did not have any specialty health care costs,” Howle wrote.

Find cost-savings

She said the state, and the federal receiver overseeing health care in California’s prisons, should continue to explore cost-saving measures, including an early release program for terminally ill or incapacitated inmates.

State Sen. Mark Leno, D-San Francisco, has introduced a bill with the backing of the federal receiver that would allow inmates, who do not pose a public safety threat and are incapacitated, to be “medically” paroled. The measure, SB1399, could be taken up for a vote on the Senate floor as soon as Thursday.

Leno said the audit illustrates the need for medical parole, noting that the state now spends more than 10 percent of its general fund on state prisons – a portion that has more than doubled since 2003. He also said he was struck by Howle’s finding that the state spends about $132 million a year on overtime for prison guards who transport and guard ill inmates, many of whom are nonambulatory, because the state does not plan ahead for those costs.

“We can’t afford to squander taxpayer dollars the way we currently are,” Leno said. “There’s a better way to do business – 36 other states are doing (medical parole), Texas is leading the way. … This audit makes a strong case that our system can be run more efficiently.”

Leno has said that if California inmates are released, the cost of their care would largely be borne by the federal government through programs such as Medi-Cal and Social Security.

Audit ‘helpful’

The state’s prison health care system is under the control of a federal receiver and has been since 2006, when a judge ruled that substandard treatment was killing about one inmate a week and violating the constitutional ban on cruel and unusual punishment. The receiver, J. Clark Kelso, said Tuesday that the audit is “helpful” and addresses many of the issues he has attempted to tackle, including containing costs.

Kelso said the report lends credence to another proposal, AB1817, that would make permanent a process for the state to evaluate the necessity of certain health procedures in prisons and treatments based on established criteria.

Three strikes’ impact

Howle’s report also found significant costs associated with the state’s three strikes law, a voter initiative approved in 1994 that requires a minimum sentence of 25 years to life for three-time repeat offenders with multiple prior serious or violent felony convictions.

As of April 2009, Howle wrote, 25 percent of prisoners were incarcerated under three strikes, and their sentences are on average nine years longer because of the law. She estimated that the additional years imposed by the law are costing California $19.2 billion over the duration of those inmates’ incarceration.

Howle noted that the two issues – the costs of three strikes and medical care – coincide because the older the inmate, the more the state is likely to spend on medical care. Specialty health care for inmates over 60, for example, averaged $42,000 a year. Howle determined that specialty health care provided to inmates incarcerated under the three strikes law costs 13 percent more than for inmates who were not sentenced under that law.

E-mail Marisa Lagos at mlagos@sfchronicle.com.

This article appeared on page A – 1 of the San Francisco Chronicle

California’s $2 million-a-year inmates

2 Apr

By Timm Herdt

A decade ago, while researching a story on the rising number of geriatric inmates inside California prisons, I met a murderer named Martin Lynn.

An inmate at the California Medical Facility prison in Vacaville, Lynn had lost both legs to amputations necessitated by gangrene. Most of his fingers were missing and he had no teeth. He had undergone four bypass surgeries to keep his failing heart beating.

We spoke in an outdoor quad, where he had been wheeled out to take in some fresh air and sunshine. He looked up at the barbed-wire fencing and laughed ruefully, knowing that a good-sized speed bump would have been sufficient to keep him contained.

Earlier that day, I had toured the prison hospice. Most of its 15 beds were occupied by men whose bodies had been emaciated by the end stages of cancer or AIDS.

Ten years later, not much has changed except that inmates in such circumstances receive arguably better medical care. A court-appointed receiver has since been put in charge of prison healthcare after a judge ruled the healthcare system was unconstitutionally inept. Incompetent doctors were fired and the salaries of physicians, nurses and other health professionals who work inside prisons were substantially raised.

The cost of providing prison healthcare has ballooned, doubling over just the last five years to reach nearly $2 billion in 2009.

It’s past time to do something about those out-of-control costs.

In his proposed 2010-11 budget, Gov. Arnold Schwarzenegger has suggested an unallocated reduction in prison healthcare costs of $811 million, a number he more or less pulled out of a hat, basing it on the assumption that costs could somehow be reduced to the same per-inmate average that New York spends.

The Legislature agreed, passing a law declaring its intent to enact the $811 million in cuts. But Schwarzenegger vetoed that, saying it was pretty much meaningless at this point for lawmakers to promise cutting money before they even take up next year’s budget. Nevertheless, both lawmakers and the governor are now on record saying they want to reduce prison healthcare spending by $811 million, without actually indicating how to do it.

They can start by taking a fresh look at inmates as sick and feeble as Martin Lynn.

The average cost of providing medical care to a California inmate is $11,627 per year, but don’t let the averages fool you. The receiver’s office has identified 32 high-cost inmates whose collective medical bills last year were $42.7 million. They include 21 who are in hospitals utterly incapacitated. Their medical costs average $2 million a year.

There may be more, but the receiver has chosen to exclude from his count any similarly incapacitated inmates who are serving life terms because of the three-strikes law, were sentenced to life without possibility of parole, or who have been condemned to die at the hand of the state.

Those exclusions are also included in a bill, SB1399 by Sen. Mark Leno, D-San Francisco, to create a medical parole designation in California. Inmates deemed incapacitated would be placed on medical parole, which would be revoked if their health condition improves, and put under the monitoring of a parole agent.

In all likelihood, a conservative application of the term “incapacitated” would produce a much higher number than 32, and could yield savings of $213 million over five years. Texas, which has a similar program, has between 100 and 170 inmates each year on medical parole.

Those on medical parole would qualify for Medi-Cal or Medicare, meaning that the federal government would pay half or all of their medical costs. In addition, one parole agent could monitor the medical status of 30 or 40 medical parolees, rather than having six prison guards — two at a time for three shifts, each making up to $72,000 a year — standing at their bedsides.

It made little sense 10 years ago for California taxpayers to be paying the entire medical and security costs to keep Martin Lynn and those even physically worse off inside a prison. Given the state’s fiscal health, it makes even less sense today. A decade ago, there were 5,351 California inmates age 55 or older, or 3.3 percent of total. Today there are 12,578, or 7.5 percent.

Before the state has to think about building a special prison just for the comatose and those in the advanced stages of Alzheimer’s, it needs to find a more efficient way to deal with those so feeble that the concept of being incarcerated has no meaning except to those who are paying the bill.

A cell block in the California Medical Facility (CMF) in  Vacaville, one of the state’s 33 prisons. It has the largest prison  hospital and houses California’s oldest and sickest inmates. General  population inmates are also at CMF to help staff the prison.A cell block in the California Medical Facility (CMF) in Vacaville, one of the state’s 33 prisons.

It has the largest prison hospital and houses California’s oldest and sickest inmates.

General population inmates are also at CMF to help staff the prison. (Jan. 5, 2010, Angela Carone/KPBS)

Jerry Wade, 63, has been in prison for 38 years, serving a life  sentence for murder with no chance of parole.  California prison inmates  over the age of 55 have doubled in the past 10 years.  The number of  male prisoners over 60 will triple in the next eight years.2 Jerry Wade, 63, has been in prison for 38 years, serving a life sentence for murder with no chance of parole.

California prison inmates over the age of 55 have doubled in the past 10 years.

The number of male prisoners over 60 will triple in the next eight years. (Jan. 5, 2010, Angela Carone/KPBS)

A prisoner in a wheelchair moves through the halls, a common sight  at the California Medical Facility at Vacaville. A prisoner in a wheelchair moves through the halls, a common sight at the California Medical Facility at Vacaville. (Jan. 5, 2010, Angela Carone/KPBS)

A wheelchair sits outside a prisoner's cell because the doors are  too narrow for it to fit inside.A wheelchair sits outside a prisoner’s cell because the doors are too narrow for it to fit inside. (Jan. 5, 2010, Angela Carone/KPBS)

Two inmates walk together through the facility assisted by a  walker and a cane.Two inmates walk together through the facility assisted by a walker and a cane. (Jan. 5, 2010, Angela Carone/KPBS)

Inmate Brian Long is dying of prostate cancer and will likely  spend his remaining days in the hospice unit, where  an attempt is made  to humanize the rooms. Shutters are placed over barred windows, pictures  hung on the walls, and a small, television set is made available. The  quilt on his bed is one of many donated by Shepherd of The Hills  Lutheran Church in Vacaville. These quilts are made by a group of  elderly women for the inmates in hospice care.

Brian Long, 51, is serving an 11-year sentence for “annoying/molesting a child” and has a prior conviction of having sex with a minor.

Long is expected to die in the next three months and has applied for compassionate release.

In 2009, there were 57 applications for discharge under compassionate release and three were granted. (Jan. 5, 2010, Angela Carone/KPBS)

Source: Ventura County Star

Photo Credit: Angela Carone/KPBS

Manson follower Susan Atkins dies at 61

25 Sep

Susan Atkins

Susan Atkins at her parole hearing at the Central California Women’s Facility in Chowchilla. (Ben Margot, Associated Press / September 2, 2009)

By Elaine Woo

Los Angeles Times Staff Writer

Susan Atkins, who committed one of modern history’s most notorious crimes when she joined Charles Manson and his gang for a 1969 killing spree that terrorized Los Angeles and put her in prison for the rest of her life, has died. She was 61.

Atkins died at the Central California Women’s facility in Chowchilla on Thursday night, said Terry Thornton, spokeswoman for the state Department of Corrections and Rehabilitation.

Atkins, who had been receiving medical care at the prison’s nursing facility over the past year, died of natural causes, Thornton said. Sources told The Times she had been battling brain cancer. She was pronounced dead at 11:46 p.m.

She had been in hospice care in recent days.

Atkins was diagnosed with brain cancer in 2008 as she neared her fourth decade of incarceration at the California Institute for Women in Corona. The cancer caused paralysis and the loss of one leg.

Convicted of eight murders, Atkins served 38 years of a life sentence, which made her the longest-serving prisoner among women currently held in the state’s penitentiaries, said Thornton. That distinction now falls to Patrcia Krenwinkle, who was convicted along with Atkins for the Tate-LaBianca murders

Although prison staffers and clergy workers commended Atkins’ behavior during her many years behind bars, she was repeatedly denied parole, with officials citing the cruel and callous nature of her crimes. In June 2008, she appealed to prison and parole officials for compassionate release, but the state parole board denied the request. On Sept. 2, she was wheeled into her last parole hearing on a hospital gurney but was turned down by a unanimous vote of the 12-member California Board of Parole.

Atkins confessed to killing actress Sharon Tate, the pregnant wife of director Roman Polanski who was hanged and stabbed 16 times; Tate’s nearly full-term fetus died with her. The next night, Atkins accompanied Manson and his followers when they broke into the Los Feliz home of Leno and Rosemary LaBianca and killed them.

“She was the scariest of the Manson girls,” said Stephen Kay, who helped prosecute the case and argued against Atkins’ release at her parole hearings. “She was very violent.”

Former chief prosecutor Vincent Bugliosi, who sought and won death sentences for Atkins, Manson and other followers, said Atkins would be remembered “obviously as a member of a group that committed among the most horrendous crimes in American history. She apparently made every effort to rehabilitate herself.”

He added: “It has to be said that she did pay substantially, though not completely, for her incredibly brutal crimes. And to her credit, she did renounce — and, I believe, sincerely — Charles Manson.”

It was Atkins who broke open the case when she bragged of her participation in the slayings to cellmates at Sybil Brand Institute in East Los Angeles, where she was being held on other charges; two of her cellmates told authorities of her confession. After prosecutors promised not to seek the death penalty against her, Atkins appeared before a grand jury, providing information that led to her own indictment, as well as that of Manson and others. Later, in a lurid 10-month trial, she provided crucial testimony that fed the public’s fascination with Hollywood celebrities, drugs, sex and violence.

It also left an unshakable image of Atkins as a remorseless killer, who taunted the court at her sentencing with chilling words: “You’d best lock your doors,” she said, “and watch your own kids.”

In 1971, two separate juries found Manson, Atkins, Patricia Krenwinkel and Charles “Tex” Watson guilty on seven counts of first-degree murder. Another Manson follower, Leslie Van Houten, was convicted of two murders. All received the death sentence, later reduced to life terms after the California Supreme Court abolished the death penalty in 1972. (The Legislature later reenacted the death penalty statute.) Manson, Krenwinkel, Watson and Van Houten remain in prison.

Atkins also pleaded guilty to the murder of musician Gary Alan Hinman, who was killed in a dispute over money shortly before the Tate-LaBianca murders. She received another life sentence for the Hinman killing.

In prison, Atkins embraced Christianity and apologized for her role in the crimes. Prison staff endorsed her release at a hearing in 2005, but she was denied parole for the 13th time.

Born Susan Denise Atkins in San Gabriel on May 7, 1948, she grew up in San Jose, the middle child of three. When she was 15, her mother died of cancer. Her father sold the family home and all their furnishings to pay the hospital bills. Atkins began failing school and her father became an alcoholic who frequently left Susan and her younger brother, Steven, to fend for themselves.

Her father eventually abandoned them for good. Susan and her brother moved to Los Banos, where their grandparents lived. Susan enrolled in high school and got a job as a waitress but was overwhelmed by the stress of trying to care for her brother, work and go to class. At one point, she and Steven were in foster care. Susan dropped out of school in the 11th grade and started drifting.

Years later, she would describe her frame of mind during this period as “extremely angry, extremely vulnerable and directionless.”

Of all the Manson family killers, except for Manson, Atkins “had the most unfortunate background,” Bugliosi said.

The petite, dark-haired teenager hitchhiked to Washington, then Oregon, where she accepted a ride in a stolen car and was arrested on charges of car theft and concealing stolen property. She was released on probation and moved to San Francisco, where she worked briefly as a topless dancer in a North Beach bar.

In 1967 in Haight-Ashbury, San Francisco’s haven for hippies and other wanderers, she met Manson, an aspiring songwriter with an affinity for hallucinogenic drugs and free sex. He called himself and his followers “Slippies,” who posed as peace-loving hippies while planning a hair-raising assault on society.

According to Bugliosi in “Helter Skelter,” his bestselling 1974 book on the case, Atkins was instantly drawn to Manson, who seduced girls by playing on their insecurities. She testified under questioning by Bugliosi that before she met Manson she had felt she was “lacking something,” but then “I gave myself to him, and in return for that he gave me back to myself. He gave me the faith in myself to be able to know that I am a woman.”

Manson also gave her a new name, partly to make a joke on the establishment he loathed but also to cut her off from her past. “Tell them your name is Sadie Glutz,” he told Atkins. As in all other matters, she followed his command.

By August 1969, the family’s base of operations was Spahn Ranch, a 500-acre property in the Santa Susana Mountains above Chatsworth where many old westerns were filmed. They took drugs, had group sex, stole credit cards and scrounged trash bins for food. They also practiced what Manson called “creepy crawling,” which involved randomly picking a house somewhere in Los Angeles and entering it while the occupants were asleep. Bugliosi called these expeditions “dress rehearsals for murder.”

On the night of Aug. 8, Manson instructed Atkins and other followers — Krenwinkel, Watson and Linda Kasabian — to don their dark clothes and pack knives. Manson stayed at the ranch while they drove through the Hollywood Hills, winding up at the Tate residence in Benedict Canyon.

Around midnight, the nightmare began.

The first to die was Steven Parent, 18, a friend of Tate’s caretaker, who encountered the murderers as he was leaving the estate. The other victims were inside the main house: Tate, 26, best known for her role in the movie “Valley of the Dolls”; Hollywood hairstylist Jay Sebring, 35; Voytek Frykowski, 32, a friend of Polanski, who was out of the country; and Abigail Folger, 25, a coffee heiress and Frykowksi’s girlfriend.

Atkins later admitted stabbing Frykowski and Tate. She said that before fleeing the scene, Watson ordered her to leave a message in the house that would “shock the world,” so she used Tate’s blood to write “PIG” on the front door.

At her parole board hearing in 1993, an official asked Atkins if Tate said anything to her in her last moments.

“She asked me to let the baby live,” Atkins said tearfully. “I told her I didn’t have mercy for her.”

The night after the Tate killings, Manson led a group that included Atkins, Watson, Krenwinkel and Kasabian on another expedition. They wound up at the LaBianca home. Manson tied up Leno, 44, and Rosemary, 38, then left the killing to Watson, Krenwinkel and Van Houten. Afterward, they took a shower and made a snack in the LaBiancas’ kitchen before departing. Atkins stayed in the car.

The ’60s “abruptly ended on August 9, 1969,” Joan Didion wrote of the shocking crimes that closed a decade pocked with assassinations, Vietnam War deaths and other violence. The Tate-LaBianca murders made some people fear “that they had somehow done it to themselves,” Didion said, “that it had to do with too much sex, drugs and rock and roll.”

Atkins married twice while in prison. In 1981 she married Donald Laisure, a self-proclaimed Texas millionaire who had been married 35 times before. The marriage ended when Laisure said he planned to take his 37th wife.

In 1987, she married James W. Whitehouse, an Orange County attorney who represented her at her last few parole hearings. He survives her along with a son she gave up for adoption when she went to prison.

Source:  LA TIMES

No Compassionate Release for Susan Atkins

3 Sep

Manson follower Susan Atkins denied parole

By LINDA DEUTSCH
AP Special Correspondent
CHOWCHILLA, Calif. — Susan Atkins, the terminally ill Charles Manson
follower
who admitted stabbing actress Sharon Tate 40 years ago, lost
what is likely to be her last bid for freedom before she dies.

Atkins, who suffers from brain cancer, slept through most of the four-
hour hearing Wednesday during which her husband-lawyer pleaded for
her release and families of victims of the Sharon Tate-Labianca
killings urged that she be kept behind bars until she dies.

Atkins had been expected to die of brain cancer over a year ago but
the 61-year-old woman continues to cling to life.

She was denied compassionate release in July 2008, shortly after she
was diagnosed and given only months to live.

Atkins was convicted of the seven Tate-LaBianca murders.

The Watered Down Prison Reform Package

27 Aug

Assembly Speaker Karen Bass released the Assembly’s version of the prisons cuts bill today. The Assembly is expected to take up the plan Monday, spokeswoman Shannon Murphy wrote in an e-mail.

As expected, several key elements of the Senate-passed plan have been eliminated, including the creation of a sentencing commission, the release of some inmates to electronic surveillance or alternative custody and changes to the prosecution standards for “wobbler” crimes, which can currently prosecuted either as misdemeanors or felonies.

Read a summary of the bill and changes here or the bill language here.

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