Gascón’s Directive Releases Dangerous Criminals on Probation

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Los Angeles District Attorney George Gascón’s Special Directive 20-08,  forbids the deputies working for him from applying sentencing enhancements to charges against criminals, even for violent crimes. As reported by Los Angeles Association of Deputy District Attorneys (ADDA) President Michele Hanisee today:

Nearly all…crimes are probation eligible. Murder is probation eligible. Carjacking is probation eligible. Kidnapping is probation eligible. What typically causes a crime to be ineligible for probation is the addition of a sentencing enhancement, for example, use of a deadly weapon or infliction of great bodily injury. But since filing all but a handful of sentencing enhancements is prohibited, nearly every crime remains probation eligible. Thus – even for murder – the presumptive offer for those roughly 95,000 plus cases for which plea bargains are offered must be probation absent “extraordinary circumstances.”

The directive does not define what qualifies as “extraordinary circumstances.” What does that mean in the context of a murder case, or a carjacking case? But by definition, “extraordinary circumstances” will be a rare exception. The rule is that prosecutors must offer a plea bargain that results in the defendant going home on probation rather than serving time in custody.  Even for murder.

The following crimes are not probation eligible:

  • Solicitation of a minor to use or sell drugs.
  • Sale of PCP.
  • Offering to manufacture a controlled substance other than PCP.
  • Possession, or sale, or use of a destructive device, or possession of ingredients to make one.
  • Possession of a machine gun or silencer.
  • Possession of a forged instrument with a prior conviction for the same.
  • Accepting or giving of bribes, or extortion, or embezzlement of public monies by a public official
  • Residential burglary with a person present.
  • Arson of inhabited structure.
  • Intentional murder by shooting from a car.
  • Violent sex offenses

While some of Gascón’s special directives have received wide attention in the media, as Hanisee notes “….some significant sections of these directives have been overlooked simply because their effect is not apparent to anyone without a detailed knowledge of criminal law.”