Putting Teeth into A.B. 109: Why California’s Historic Public Safety Realignment Act Should Require Reentry Programming

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Golden Gate University Law Review, Vol: 43, Issue: 3, Page: 525

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Flynn, Kathleen Nye
CA A.B. 109; Public Safety Realignment Act of 2011; probation reform; recidivism; Criminal Law
commentary description
Part I of this Comment provides a history of probation reform policies in California and an overview of realignment and its preceding litigation, with a focus on components that relate to rehabilitation in post-release. Part II explores how Plata laid the groundwork for California’s current focus on reform and demonstrates how realignment hinges on changing the role of probation, slowing recidivism, and improving rehabilitation opportunities. Part III argues that the State should provide mandatory guidelines for county rehabilitation efforts as part of realignment. Finally, Part IV recommends statutory language that would make rehabilitative programming for probationers a mandatory component of the regulations moving forward.