While L.A. County Sheriff's Dept. Lets Persons Sentenced To Up To 180 Days In Jail Walk Away Without Serving Their Sentences, OC Sheriff Jails Them For Full Term With One Day Credit For Each Day Served (If They Behave); UPDATE: Ventura County Sheriff Follows Protocol Similar To OC
|(Nov. 14, 2017, 3:00 a.m., updated 9:40 a.m.) -- While the Los Angeles County Sheriff's Dept. lets persons sentenced to up to 180 days in jail for misdemeanor crimes leave without serving their sentences (LBREPORT.com coverage here), the Orange County Sheriff's Dept. applies a policy in which those found guilty serve their sentences but receive one day credit (if they behave) for each day served. UPDATE: LBREPORT.com has learned that the Ventura County Sheriff's Dept. follows a jail protocol similar to OC's.
Responding to a Nov. 13 emailed inquiry from LBREPORT.com, OC Sheriff's Dept. Public Affairs Manager Jaimee Blashaw emailed:
Our inmates serve the maximum sentence allowed by state law. This is our protocol:
Likewise responding to an inquiry from LBREPORT.com, Ventura County Sheriff's Dept. Media Relations Officer / Captain Garo Kuredjian said Ventura County's jail protocol is to apply a formula that typically results in roughly half the amount of a misdemeanor sentence: credit for 1/4 amount of the sentence for good behavior, plus 1/4 credit for work time (meaning a Ventura County inmate can receive credit for half of the sentence if he/she behaves while incarcerated.) [end UPDATE]
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LBREPORT.com made the inquiries after we learned and reported that a man observed yelling and screaming after he allegedly struck a father walking with his two daughters along 2nd St. at Nieto Ave. on Oct. 30 in Long Beach's upscale Belmont Shore commercial district was arrested by responding officers. He was prosecuted by the Long Beach City Prosecutor's office (which also charged a second offense struck by the judge), pleaded guilty at his Nov. `1 arraignment to misdemeanor battery and was sentenced by the court to the maximum for the single misdemeanor offense of 180 days in jail but was released by the L.A. County Sheriff's Dept. on Nov. 2.
On November 6, LBREPORT.com directed an emailed inquiry to LASD's Public Information Unit, seeking comment(s) or a statement for publication from L.A. County Sheriff Jim McDonnell on what happened, how it happened, if actions [outcomes] similar to what happened could happen again, and what measures LASD has in place or will put in place to avoid having this outcome happen again. We also invited the Sheriff's comments on longer-term questions of changes (perhaps by the state legislature, or by ballot or by courts) that he believes would help prevent similar outcomes in other cases.
On the afternoon of November 7, 2017 LBREPORT.com received an email response from Nicole Nishida, Public Information Officer in the Sheriff's Information Bureau, stating: "At this time, the Los Angeles County Jail criteria indicates that if someone is arrested for a misdemeanor and is sentenced to 180 days or less then they are released that day."
Some CA misdemeanors carry sentences of one year, but most carry sentences of six months. Thus it's possible that if a defendant is charged, convicted and sentence to one of the one-year misdemeanors or to two or more six-month misdemeanors, that defendant might not be released the same day. But LBREPORT.com noted and reported the following information visible on the L.A. County Sheriff Department's website, indicating the same defendant in the October 30 Belmont Shore battery (details below) was (in chronological reverse order):
Based on the above information, if the defendant had served even 20% of his 340 day sentence imposed on August 31 (for which he was released a little over three weeks later) he wouldn't have been on 2nd St./Nieto on October 30 in the first place.
As previously reported by LBREPORT.com, LBPD Public Information Officer Nancy Pratt told LBREPORT.com:
On 10/30/17 at approx. 6:30 p.m., officers responded to 2nd Street & Nieto Avenue regarding a battery call
What took place on Oct 30 triggered multiple NextDoor.com social network postings. One woman, part of the Belmont Shore NextDoor group, subsequently told LBREPORT.com that she "noticed the alleged attacker min before the incident and...also witnessed the police arrest him...He was talking and yelling to himself, very angry. It was not directed at anyone. When he was arrested, he did not even resist. More than anything, I felt very sorry for the man. I wish there was an institution that would take these people, instead of allowing them to roam the streets by themselves."
The Los Angeles County Sheriff's Dept. operates County jails in the most populous County in the United States (a population larger than 40 states, including the nation's second largest City Los Angeles and CA's seventh largest city of Long Beach, plus over 80 other incorporated cities.
Sheriff McDonnell, a former Long Beach Chief of Police, was overwhelmingly elected L.A. County's Sheriff in November 2014. He is up for re-election in 2018.
Dec. 22: The text above was amended to reflect information received Dec. 22 from the LB City Prosecutor's office indicating the defendant pleaded guilty on Nov. 1 and was released on Nov. 2.
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