Balancing Second Chances With Public Safety

Why California Needs SB 759

By  Raul A. Riesgo

In California, we pride ourselves on second chances. Our system of post-release community supervision (PRCS) reflects that value, giving those leaving state prison an opportunity to reintegrate into society under local supervision. But compassion must be balanced with accountability. When individuals repeatedly violate the terms of their release—committing new crimes while on supervision—our communities are put at risk.

We learned this in the most painful way possible in 2017, when Whittier Police Officer Keith Boyer was killed while responding to what should have been a routine traffic collision. His killer, Michael Mejia, was on PRCS in Los Angeles County. Mejia’s time under supervision was marked by defiance and escalating danger. He had multiple violations, repeated “flash” incarcerations, and committed new crimes. After his third violation, probation sought to revoke his PRCS, recommending 90 days in jail plus mandatory treatment. But during plea negotiations, the custodial time was cut to 30 days in jail, with no treatment, and without probation’s input. He served just 10 days. A week after his release, Mejia murdered his cousin and Officer Boyer.

This sequence revealed a dangerous flaw in the law: repeated violations, even when accompanied by new crimes, don’t automatically require a revocation of supervision. SB 759, authored by Senator Archuleta, fixes that flaw.

SB 759 sets a clear and consistent standard: after a third violation that involves a new misdemeanor or felony, the supervising county agency must petition the court to revoke, modify, or terminate PRCS. This is not about eliminating intermediate sanctions—short jail stays and treatment programs remain available for first and second violations. But at the third violation, a clear standard applies. The wisdom of that approach is reinforced by California’s own criminal justice research. A 2017 analysis prepared for the American Probation and Parole Association found that more than half of individuals on post-release community supervision (PRCS) in California were booked into jail at least once during their first year, and more than a quarter were booked two or more times. Probation experts agree these high-frequency violators

account for a disproportionate share of public safety risks. Incarcerating low-frequency violators is neither cost-effective nor necessary—but when a supervisee’s record shows a pattern of serious or repeated noncompliance, stronger action is warranted. SB 759 follows that evidence by focusing on the number of individuals who persistently defy the rules and endanger the community, rather than sweeping in those who make a single mistake.

This is also in line with the “swift, certain, and proportional” model of sanctions proven to be most effective. Flash incarceration was designed for quick responses to violations, creating certainty of consequence. SB 759 extends that same certainty to the point where someone has repeatedly chosen to disregard the law and the terms of their release. When that point is reached, the question becomes not whether the system should act, but how quickly.

The tragedy in Whittier shows what happens when that certainty is missing. Each decision to reduce consequences for Mejia left him more emboldened and the public less safe. SB 759 ensures that the warning signs are not ignored a fourth time, in Whittier or anywhere else in California.

This is not a return to blanket “tough on crime” policies. It is a targeted, evidence-based reform aimed squarely at the individuals who have demonstrated—through repeated violations and new criminal conduct—that they are unwilling or unable to comply. Those who take the opportunity for rehabilitation seriously will still have access to support, resources, and a fair chance to succeed. But those who continually endanger others will face consistent, decisive consequences.

For Officer Boyer, for the victims we can still protect, and for the safety of neighborhoods across California, the Legislature should pass SB 759. It is a measured, common-sense step to ensure that our compassion does not come at the expense of public safety.