Even prosecutors agree: Bringing people home from prison can make communities safer | Opinion
Nearly two years ago, Allan McIntosh walked out of San Quentin State Prison a free man after serving 24 years. Today, as he nears his 50s, he is enjoying life as a husband, father, grandfather and hardworking taxpayer.
His second chance at freedom is possible because of Assembly Bill 2942, a 2019 California law we crafted that allows district attorneys to revisit old cases in which the prison sentences were harsh and are no longer in the interest of justice.
When he was in his early 20s, McIntosh rode his bike away from police officers while carrying a gun. Back then, under California’s 1990s-era “Three Strikes” law, the 23-year-old was given a life sentence for possession of a firearm by a felon. While incarcerated, McIntosh focused his energy on his education, vocational courses, his family and participating in a basketball leadership program. Since then, sentencing guidelines have changed, and such a sentence would not be given today for the same offense.
McIntosh’s continued imprisonment was no longer just. Reuniting him — and people like him — with their families is simply the right thing to do.
On the five-year anniversary of AB 2942 taking effect, we know there are many more stories like McIntosh’s. Nearly 500 Californians have had their cases reviewed and deemed eligible for re-sentencing, reuniting them with their families and becoming contributing members of society.
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This process does not automatically grant re-sentencing. As a safeguard, a judge must weigh several factors before approving a reduced sentence matching current standards. The people whose cases are considered have all worked hard to better themselves, focused on education and vocational courses and participated in leadership programs. In other words, they are rehabilitated, remorseful and unlikely to re-offend.
According to a 2021 report by the nonprofit For The People, up to 26,000 people in the Golden State may be eligible for re-sentencing under AB 2942. Several compelling factors suggest they can be brought home without increasing risk to public safety:
Many had been young at the time of their offense. Science tells us that the human brain is not fully developed until the age of 25, and at a young age, they lacked a proper understanding of the consequences of their behaviors.
Evidence shows that when people have opportunities to apply themselves in prison — whether through education, self-help programs or vocational work — their likelihood of re-offending is reduced.
As people get older, they are less likely to commit a crime.
There’s also the fiscal argument to be made for re-sentencing. Today, California spends $132,860 annually for each person in our prison system, which currently incarcerates around 93,000 people. If someone has earned a second chance, they should get one, to relieve them and taxpayers of an unnecessarily long, expensive and unjust incarceration. This could mean more investment in preventative priorities like housing, substance recovery, child care and education.
In McIntosh’s case, the support for his re-sentencing and release was monumental: He received 41 letters of support attesting to his character. In June of 2022, he was released.
Unlocking his cell unlocked the potential he’s always dreamed of. McIntosh reunited with his family and started working as a property manager, knowing better than anyone how important it is for a home to be safe, stable and comfortable.
California’s re-sentencing law just makes sense — so much so, that four other states have passed similar laws.
As for McIntosh, he wants to continue his work mentoring younger people at risk of falling into the prison system. He also hopes to buy a house of his own one day, one with a backyard where he and his wife can watch their grandchildren grow up.
By bringing home more people who deserve a second chance, we can build safer, stronger communities across California for generations to come.
Phil Ting is the author of Assembly Bill 2942 and represents the 19th Assembly District, which includes the west side of San Francisco along with the communities of Broadmoor, Colma and Daly City, as well as part of South San Francisco and San Bruno. Hillary Blout, a former prosecutor, is the founder and executive director of Oakland-based For The People, a national nonprofit that helps states pass and implement prosecutor-initiated re-sentencing laws.
