Split sentencing can still address prosecutorial interests in making sure the individual receives no windfall. At the same time, a long sentence in county jail usually helps no one much unless treatment is combined to help the individual re-enter society as a law-abiding citizen. Split sentencing certainly seems to offer an option for dealing with people that probation did not work for in the past. It is unclear why Los Angeles County has been reluctant to embrace split sentencing. In Los Angeles County for the same period, the rate was five percent. Statewide, since Octowhen AB109 went into effect and excluding Los Angeles County, forty percent of the felonies punishable under Penal Code § 1170(h) were negotiated with split sentences. In such cases, for example when mental health or drug addiction issues are present, both the prosecutorial interest in punishment is mixed with the defense interest in rehabilitation. It is, however, a viable option for those felonies where the prosecution is adamant about jail time exceeding one year, but with AB109, the individual is likely to commit more offenses unless he is afforded supervised release and assisted in his or efforts to reintegrate into society. Indeed, it is not an option in the more serious felonies still punishable only by state prison. It is understandable that many see split sentencing, also known as blended sentences, as yet another example of society becoming more lax in how it punishes criminals. It is not available for certain crimes excluded from AB109’s list of crimes punishable by county jail under Penal Code § 1170(h). Split sentencing is an arrangement where a defendant is ordered to a specified county jail term and then a period of post-release mandatory supervision by the probation department. Summary in 30 Words or Less: Split sentencing is an attractive way to creatively resolve certain felony offenses because the consequences of a post-release violation are less severe with split sentencing than with traditional probation. Currently, the majority of split sentences apply to felony sentencing, but it can equally apply to misdemeanors, too. While split sentencing has not quite caught on in Los Angeles County as it has in other counties, it may gain popularity as the jails become more and more crowded over the next year. Since AB109, the measure to realign California’s overcrowded prisons by sending more felons to county jails, split sentencing has become a more attractive option for negotiating plea bargains.
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