Officials say a suspect arrested in connection with Sunday’s mass shooting near the California state Capitol would likely still be in prison were it not for corrections officials’ use of sentencing credits authorized by voters in 2016.
This Feb. 6, 2022, booking photo provided by the California Department of Corrections and Rehabilitation shows Smiley Allen Martin, two days before he was released to Sacramento County probation for his sentence on charges of corporal injury and assault likely to cause great bodily injury. Martin was arrested Tuesday, April 5, 2022, in connection with a mass shooting that killed six people in Sacramento, Calif.
“They’ve been given very broad authority to early release folks and to give them additional credit and all kinds of considerations for purposes of reducing the length of sentence that somebody serves,” Totten said. Proponents, including former Gov. Jerry Brown, who pushed for Proposition 57, say it's important to give inmates a second chance. The opportunity for earlier release encourages inmates to participate in education and other rehabilitative programs, while helping to reduce mass incarceration.
The sentencing judge awarded Martin 508 days of credits for time he spent in Sacramento County jail before his conviction, based on a California law that allows judges to double the actual time in jail, which in Martin's case was 254 days. “If people have a history of committing violent acts, and they have not shown a propensity or willingness to change, I don’t think they should be out on the streets,” he said at an event where officials requested more than $3 billion from the state to expand crime prevention programs.
That would subject him to more intensive supervision, including a requirement that he check in with his probation officer more frequently and in person, although individualized determinations on risks and needs would be made and treatment and services would continue to be offered.
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