Types of Criminals

Fortunately, extremely violent criminals like murders and rapists do not qualify for the Governor's irresponsible realignment.

On October 1st, when this plan goes into effect, thousands of other dangerous criminals who will serve their sentences in county jails may be set free prior to serving their full sentence in state prison, due to county prison capacity levels.

There are more than 500 felony crimes that qualify for this realignment scheme. Below is a listing of these types of crimes as well as stories of the types of criminals that may qualify for realignment had their crimes been committed after October 1st.

Vehicular Manslaughter While Under The Influence

A Riverside woman pleaded guilty of vehicular manslaughter while under the influence and was sentenced to six years and four months in prison. The man she killed was a children's soccer coach and father of four.  (Only the crime of vehicular manslaughter while under the influence without gross negligence is subject to realignment.)

Hate Crimes

A 27-year-old Orange County man was sentenced to 13 years in prison for hate crime and other offenses. The man yelled racial slurs at a black man and tried to slash him with a box cutter.

Prescription Drug Forgery

A San Luis Obispo woman plead no contest to prescription drug forgery and was sentenced to more than four years in state prison. The 41-year-old woman was convicted of forging prescriptions for drugs and using fraudulent checks.

Insurance Fraud

A Sacramento woman was sentenced to two years in state prison for felony insurance fraud and two counts of falsifying insurance claim documents. An investigation discovered that the woman had filed false claims since the mid-1990s costing insurance companies more than $450,000.

Felony Child Abuse

A 45-year-old woman from Mission Valley was sentenced to six years in state prison for misdemeanor and felony child abuse. Two young victims, a boy and a girl both 2-years-old, were abused at the woman's in-home daycare facility.  (Only Penal Code section 273d felony child abuse is subject to realignment.)

Elder Financial Abuse

A Woodland Hills live-in caregiver was found guilty of elder financial abuse and sentenced to 32 months in prison. The caregiver used a bank signature stamp to steal more than $750,000 from her victim.

Drug Crimes

A man who was extradited from Mexico was found guilty of charges related to narcotics trafficking. In a Ventura County courtroom, the man was sentenced to 22 years in state prison. He was found guilty of assisting in the distribution of more than 40 kilograms of heroin.

***The specific criminal examples mentioned above did not qualify for realignment, these crimes were committed prior to October 1, 2011. These examples are listed for educational purposes in order to give visitors a general idea of the types of crimes that will qualify for realignment after October 1, 2011.***

Realignment Will Exclude From State Prison Hundreds of Very Serious Felony Offenses. These Include:

Vehicle Felonies

  • Vehicular manslaughter while intoxicated
  • Involuntary manslaughter
  • Fourth offense DUI
  • Reckless driving causing bodily injury
  • DUI-related reckless driving resulting in specified serious injuries
  • Evading a peace officer while driving the wrong way
  • Willfully or negligently causing a train crash by an engineer

Mass Destruction Felonies

  • Possession of bomb-making component substances with the intent to make a destructive device
  • Possession, exploding, igniting a destructive device or explosive with intent to injure or intimidate or destroy property
  • Possession of specified restricted biological agents
  • Exploding a destructive device with intent to injure, intimidate, or to wrongfully destroy or injure property

Drug Felonies

  • Importation, transportation of a controlled substance
  • Sale of controlled substance on school grounds  
  • Barricading a building to prevent law enforcement entry of a place used to sell heroin, PCP, methamphetamine, crack cocaine, etc.
  • Manufacturer of a controlled substance who illegally disposes of hazardous chemical byproducts
  • Possession for sale of PCP
  • Trafficking in heroine, crack cocaine, cocaine, methamphetamine, or PCP within 1,000 feet of a drug treatment center
  • Possession of specified chemicals with intent to manufacture PCP
  • Possession of specified chemicals with intent to manufacture methamphetamine

Medical Felonies

  • Sexual relations with two or more clients/patients by physicians and surgeons, psychotherapists, or drug abuse counselors
  • Practicing dentistry without a license under circumstances creating a risk of great bodily harm, serious physical or mental illness, or death
  • Practicing medicine without a license
  • Prescription drug forgery
  • Wholesaler, manufacture, or employee of same furnishing a controlled substance for other than legitimate medical purposes
  • Counterfeiting prescription forms

Firearm Felonies

  • Felony violations of the gun-free school zone act of 1995
  • Firearms-related violations within a playground or youth center
  • Bringing specified deadly weapons onto school grounds
  • Brandishing a firearm in a threatening manner while an occupant of a motor vehicle
  • Unauthorized possession or transport of a machinegun
  • Manufacture, sale of assault weapons

Miscellaneous Felonies

  • Mutilating, maliciously destroying, etc. a veterans' memorial
  • Child abandonment
  • Hazing resulting in serious bodily injury
  • Manufacturing counterfeit birth certificates
  • Felony identity theft
  • Mortgage fraud
  • Insurance fraud
  • Felony animal abuse
  • Felony dog fighting and related offenses
  • Financial aspects of elder abuse
  • Inciting a riot which results serious bodily injury
  • Participation in an act of lynching
  • Conspiracy to commit a crime against the president, vice-president, any governor, any U.S. Justice or judge, or secretary of any of the federal executive departments
  • Battery against a peace officer, firefighter, EMT, probation officer, etc.
  • Involuntary servitude (i.e., holding someone in slavery)
  • Hate crimes
  • Second violation of domestic violence-related protective order
  • Statutory rape (this is only a felony where there is a specified age disparity between the defendant and the victim)
  • Grand theft
  • Knowingly selling firearms to criminal street gang members, knowing that the firearm will be used to commit a felony

Click here to read a detailed analysis from the California District Attorneys' Association about what crimes are included in realignment and for which offenders would serve their time in local jails.