The Mendocino County grand jury said in a report released Friday that the district attorney’s marijuana restitution program has brought in $7.5 million to date as of March 2016.
The intent of the grand jury’s internal investigation “was to determine the validity of concerns expressed by members of the public and certain public officials of the propriety of the marijuana program.”
Critics call the program a “pay for play,” and claim it gives preferential treatment to those having the money to pay the fees, which discriminates against those who can’t pay, according to the jury.
The program started in 2011, when District Attorney David Eyster was first elected to office. California Health and Safety Code Section 11470.2 allows such a program to be implemented, although the grand jury notes Mendocino County is the only county in the state that allows felony offenders of state and county marijuana laws, under certain circumstances, to accept a misdemeanor charge, in exchange for restitution of law enforcement costs.
When first taking office, the grand jury said Eyster was faced with approximately 500 open felony cases just for marijuana-related crimes. The average time to resolve a marijuana related case, the grand jury said citing the DA, was 15 months at that point.
Because of this, such crimes strain the resources of the DA’s Office, the court, county jail and county probation department when there are more serious offenders to prosecute for violent crimes.
The program has been credited with clearing prosecutorial and judicial case backlogs, freeing space in the county jail and easing resources in probation, according to the grand jury.
Since its inception, more than 500 defendants have participated in the program. The DA’s Office reports that the recidivism rate for those participating in the program is 10 percent as opposed to the overall recidivism rate of 40 percent for all convicted defendants in the county.
The grand jury said in its report the average time for a marijuana case from arraignment to disposition is now 120 days, including those that go to court.
Despite some opposition, the grand jury said the Mendocino County Superior Court has allowed this marijuana restitution program to proceed, and there has been no contrary ruling on it by state appeals courts.
The DA’s Office does not receive the restitution funds. Currently, payments are made to the Mendocino County Sheriff’s Office and have been in excess of $100,000 per month for a total of approximately $7 million, the grand jury report stated.
During county budget development, the sheriff’s budget is decreased by some or all of the amount of the restitution funds collected for the following fiscal year, according to the grand jury.
Though there are supporters and critics of the DA’s restitution program, the grand jury noted county law enforcement officials, as well as some county supervisors, tend to support it.
Those critical of the program include a Mendocino County Superior Court judge, who, during a restitution hearing for a man with an 800-plant marijuana grow, criticized the restitution program as “extortion of defendants,” according to a May 2014 Los Angeles Times article.
The grand jury recommends that the DA continue the marijuana restitution program as long as it is pertinent to state statute and county ordinance. Also, the grand jury is asking the DA to institute and demonstrate a publicly visible program to assist those who can participate in the program, but can’t afford to make a total payment at the time of their agreement.
The grand jury is requesting responses from the district attorney, sheriff and county CEO.
May 13, 2016
Ukiah Daily Journal
By Ukiah Daily Journal Staff
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