California’s Criminal Immigration Reform

As of January 2015, a new Californian law will reduce the maximum possible sentence for a misdemeanor from 365 to 364 days. The single day reduction will remain a seemingly inconsequential change for United States citizens; however, the law, S.B. 1310, will have a drastic impact on the lives of noncitizens convicted of misdemeanor offenses.

Under the previous law, many misdemeanors were punishable by up to one year in prison. “That one year sentence, or even the possibility of a one year sentence,” can have a significant impact on a noncitizen’s immigration status. This is because the basis of deportation is not the actual length of the sentence, but rather is contingent on whether an offense is "punishable by a year or more."  Because sentences of exactly one year created this one-day overlap in definitions, many California misdemeanors were deportable offenses under the prior version of the law, even if they are relatively minor and resulted in little or no jail time.

Mental Health Laws After the Death of Kelly Thomas and the Isla Vista Massacre

Scott Thorpe, an individual suffering from schizophrenia, shot and killed Laura Wilcox at a mental healthclinic over a decade ago.  Shortly thereafter, a law passed in the State of California, named “Laura’s Law.”  It allowed for family members, mental health professionals, and officers to petition the court to order “assisted outpatient treatment” for those who have a severe mental disability.[1]  Laura’s Law is optional for counties to implement.  Until recently, only one county (Nevada County, CA) has the law in place.  After the death of Kelly Thomas, a homeless man beaten to death in a struggle with Fullerton police, Orange County also implemented the law.  On Tuesday, May 13, 2014, five Orange County supervisors voted unanimously to adopt Laura’s Law.  The law will go into effect in October 2014, and will apply only to severely mentally ill adults who have had two psychiatric hospitalizations or incarcerations in the past two years and who have engaged in violence or attempted violence over the last four years.  Los Angeles County also has a similar pilot project that was set to expire in 2013 but has recently been extended to 2017.[2]