Richard Stefanik also died while in police custody in September, and it could be said the cause was a broken heart. In November 2014, Stefanik was arrested for the murder of his wife of 58 years. She was suffering from cancer, and by most accounts it was a failed murder-suicide.

The death of Stefanik, in county jail, was also ruled natural.

Ornelas, 47, and Stefanik, 81, were among the 744 individuals who died last year in the custody of law enforcement or a state agency, an increase of 8 percent over the average in the last decade. The deceased included 47 women. One in five were either convicted of homicide or were awaiting trial on homicide-related charges.

Half the deaths were determined to be due to natural causes, according to data from the California Department of Justice. Thirty-four of the deaths were classified as accidental, including two by hanging or strangulation and a drug overdose.

There were also 62 deaths ruled suicides, and 96 deaths, or 13 percent, were determined to have resulted from justifiable shootings by law enforcement. One-hundred fifty-eight cases are pending investigation, 41 of them connected to an arrest in progress and 51 of them at state facilities.

In-Custody Deaths

In 2005, 62 percent of custodial deaths were determined to be natural, and 8 percent justifiable, according to a report from the state’s Attorney General.

In-custody deaths have drawn national attention following last year’s high-profile cases of Freddie Gray in Baltimore and Sandra Bland outside Houston.

Gray died while being transported to jail by police officers. Six officers are charged with murder in his death. The first case ended in a mistrial in December.

Bland’s death was ruled a jail cell suicide by hanging after she was stopped for a traffic violation and was taken in for allegedly assaulting a police officer.

Dubious classifications of death

The classifications for the recently released data in California, though, are often dubious and open to interpretation.

Among the deaths ruled suicides were those of Syed Rizwan Farook and Tashfeen Malik, who in December killed 14 people in a terrorist attack on a social services office in San Bernardino County. News accounts have said the couple was killed in a shootout with police.

Also included in the death total are homicides committed by inmates, mostly referred to as accidental. And the jurisdiction is sometimes hazy in the reporting.

For example, Choi Saeteurn, 68, was allegedly beaten to death by a 35-year-old inmate in January 2015 in Sacramento County’s main jail.  In records, the death is attributed to the Azusa Police Department, located 400 miles south of Sacramento.

Also, of the 47 women’s deaths, four were attributed to suicide, including Malik’s. Six were determined to be justifiable homicide, including that of Angela Slack, who was arrested on misdemeanor prostitution charges and whose relatives posted a graphic YouTube video of her in her last days alleging that Slack was abused by police. Slack’s cause of death is listed as hanging/strangulation.  

One female death was deemed accidental, that of Sara Corliss, who died Jan. 2, 2015, and whose death in a Los Angeles County Jail is still being investigated.

In an email, the state Attorney General’s office said that each department is responsible for investigating their own custodial deaths, including the detail of those deaths.  

The California State Auditor in January released a list of agencies that have failed to address perceived problems in their operations. The state’s Department of Corrections and Rehabilitation has failed for six years to implement changes that would give inmates more supervision and to protect the safety of both inmates and corrections officers.

More than half of custodial deaths since the early 2000s have occurred in facilities run by the state.

“Three-quarters of California’s paroled sex offenders previously banned from living near parks, schools and other places where children congregate now face no housing restrictions after the state changed its policy in response to a court ruling that said the prohibition only applies to child molesters,” the Associated Press reported, citing statewide data compiled at its request.

“The rate is far higher than officials initially predicted. The state expected half of the 5,900 parolees would have restrictions on where they can live or sleep lifted when the corrections department changed its policy following the March ruling. Instead, data shows that 76 percent of offenders no longer are subject to the voter-approved restrictions.”

The pronounced shift underscored the structural dilemmas policymakers have faced in dealing with the state’s significant population of sex offenders. “In some more urban jurisdictions offenders can’t legally live anywhere so they’re forced to live on the streets in some cases,” the Eureka Times-Standard noted — a domino effect that has led to fears of greater crime and recidivism.

But the new policy has already been accused of dramatically overcompensating. “[E]ven some whose offense involved a child no longer face the 2,000-foot residency restriction, officials disclosed in explaining the higher number,” the Times-Standard added. “That’s because the department’s new policy requires a direct connection between where a parolee lives and the offender’s crime or potential to re-offend. Only rarely is the assailant a stranger to the victim, the type of offender whose behavior might be affected by where he lives.”

Extralegal punishment

Although elected officials have shown an understandable unwillingness to appear soft on sex crime, attention has turned in recent years to the ways in which the state’s array of punishments can expose sex offenders to threats and risks well in excess of the law itself. Last month, convicted Vallejo predator Fraisure Earl Smith was ejected from a Motel 6 after having been released from a psychiatric hospital. Homeless, the San Francisco Chronicle reported that Smith wound up “living out of a vehicle somewhere in the Vallejo area under the watchful eye of security officers for Liberty Health Care Corp., the contractor that the state hired to handle his release.”

Sex offenders have also faced sharp difficulties in prison. This month, a report issued by the state Inspector General revealed systematic abuses against inmates, with sex offenders singled out for extralegal harm. Investigators found “rising violence statewide in special housing units designed to protect vulnerable inmates, including sex offenders, gang dropouts and prisoners with physical disabilities,” ABC News reported. “Guards can now use an electronic state database to easily see which inmates have an ‘R’ coding that designates a sex offender. Some spread that information, knowing sex offenders are often marked for retribution, the inspector general found.”

Persistent problems

Other recent anecdotes, however, have told a different story. “A sex offender with a stolen boarding pass got through airport security in Salt Lake City and checked in at a gate for a flight to California before he was caught” this November, as the Associated Press observed. A recent three-day sweep of Sacramento’s American River Parkway found many transients there to have run afoul of the law. “Sixteen people were arrested for outstanding warrants,” KCRA recalled; “another 12 were not properly registered as sex offenders.”

The sheer number of offenders has grown large enough to pose a bureaucratic problem, making it harder to determine which are more likely to re-offend than others. Sizing up that challenge, the state board overseeing California’s sex offender registry rolls recommended to state legislators last year “that only high-risk offenders, such as kidnappers and sexually violent predators, should be required to register for life,” as the San Francisco Chronicle noted. “Others could be removed from the registry 10 to 20 years after the offense.”

Solano prison, Vacaville

The good news is that the California Department of Corrections offers program to help inmates become opticians.

The bad news is that there are four different state statutes that allow the state to refuse to license an ex-offender as an optician, established in explicit language in the law.

It’s the riddle of reform, as California’s prison inmate population dropped 17 percent between 2005 and 2014 while the number of individuals on parole dipped 61 percent.

Where do they go, though?

Ineligible for employment

Both stats are relatively sunny reflections on Gov. Brown and the state Assembly’s effort to reduce both crime and criminals.

Among other things, the state hiked credits toward early release for non-violent and minimum custody offenders and established a new parole system for non-violent second time criminals.

But if you’re looking for a job and have been convicted of a crime involving a controlled substance – and this includes marijuana – forget about getting work on an ambulance crew, a litter van, or a wheelchair van. You could become a real estate broker, a midwife or a speech pathologist, but you’d have to make a case for it.

Any misdemeanor will keep you from working at as a smog check station attendant, a locksmith, a repo man or board member of a humane society.

The information comes from a database assembled by the American Bar Association. Users can search dictates in each state for how a conviction of a variety of crimes can affect a person’s ability to get a job, a business license, a judicial position, housing, education and 10 other endeavors.

The findings can be comforting – someone with a felony conviction can’t serve on a grand jury – and amusing, as a felon is also ineligible to participate in the cap-and-trade program for greenhouse gas emissions.

Contradictions in law

The database also exposes the contradictions in the law regarding employment restrictions on inmates. In California, “not much work has been done on fixing the employment and licensure issues,” said W. David Ball, an associate professor at Santa Clara University School of Law.

“These laws are generally written broadly, and there are laws that are easy to understand, like you would not want someone who was involved with financial fraud to be a CPA,” Ball said. “But it makes no sense that someone convicted of drunk driving can’t be a cosmetologist.”

The ABA database is part of a broad effort to loosen restrictions on ex-offenders. There is a national move to create a bill in all states forcing them to examine their laws regarding ex-offenders and employment. Advocates claim passage would bring recidivism rates down.

In California, 61 percent of felons returned to prison within three years, according to a 2014 annual state report on recidivism.

The study found that “inmates committed to prison for property crimes consistently recidivate at a higher rate than those committed for other types of crimes, including crimes against persons, drug crimes, and ‘other’ crimes.”

The move to a national retooling of restrictions on ex-offenders is not welcomed by all parts of the legal community.

Too soft on criminals?

“This was like a liberal do-gooder thing,” James Bopp, a Terre Haute, Ind., lawyer told the Wall Street Journal earlier this month. “The law is constructed in a way to grossly favor the criminal who is seeking relief from these collateral effects of their conviction.”

The passage in November of Proposition 47 pruned the ranks of the incarcerated even more, as the law softened criminal classifications for some crimes including drug possession and shoplifting. It also made the theft and reception of stolen goods under $950 a misdemeanor.

Under Prop. 47, part of the projected $400 million to $700 million projected to be saved statewide by cutting down on the state’s incarceration bill is to be spent on mental health and substance abuse services.

Such services, while they can help treat an ex-offender, also exclude the ex-offender community: A misdemeanor conviction excludes a person from becoming a vocational nurse, treating an adolescent in a drug treatment program or obtaining a psychiatric technician license.

Additional legislation

Lawmakers are still making adjustments to the effects of the bill, plugging holes and shaping the mandate. Some are concerned that a provision in the measure would allow the theft of a gun to be lumped in with stealing a bag of Twizzlers in the under $950 category.

A measure authored by state Sen. Cathleen Galgiani is winding its way through the statehouse, seeking to fix that, making the theft of any firearm a crime not subject to the parameters of Prop. 47.

Another bill, SB205, looks to fund a university study of the effects of Prop. 47.

Still another bill, SB527, seeks to allocate money from the expected corrections savings for truancy and dropout prevention, funding over four jobs for that task alone.

Collateral consequences are also often unintended consequences, said Ball, the associate professor at the Santa Clara law school.

“I’d like to raise the bar higher so you have to make a case for ‘why not?’ rather than reasons to impose,” Ball said. “These collateral consequences really do prevent people from starting over.”

Steve Miller can be reached at 517-775-9952 and avalanche50@hotmail.com. His website is www.Avalanche50.com