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February 11, 2018

California judge rejects state efforts to limit reach of new parole eligibility rules approved by voters via Proposition 57

As reported in this AP piece, "California must consider earlier parole for potentially thousands of sex offenders, maybe even those convicted of pimping children, a state judge said Friday." Here is more about a notable ruling about a notable effort to limit the reach of a notable ballot initiative:

Sacramento County Superior Court Judge Allen Sumner preliminarily ordered prison officials to rewrite part of the regulations for Proposition 57.  The 2016 ballot measure allows consideration of earlier parole for most state prison inmates, but Gov. Jerry Brown promised voters all sex offenders would be excluded.

That goes too far, Sumner said in rejecting Deputy Attorney General Maria Chan's argument that the ballot measure gave state officials broad discretion to exclude any class of offenders whose release might harm public safety. "If the voters had intended to exclude all registered sex offenders from early parole consideration under Proposition 57, they presumably would have said so," Sumner said.

He said the scope of exclusions should be narrowed to only those now serving time for a violent sex offense. And he said the Corrections Department must better define what falls into that category. The judge said those who already served their time for a sex crime, even a violent one, and now are imprisoned for a different crime should be eligible for early release.

The language in Prop. 57 "left way too much wiggle room," opening the door to Sumner's ruling, said Mark Zahner, chief executive of the California District Attorneys Association that opposed the initiative. "There's a great danger of truly violent people being released early and people who commit, in this case, sex offenses that involve violence being released early."

The Governor's Office declined comment. Corrections officials did not respond to repeated requests for comment or say whether they plan to appeal. They also did not provide an estimate of how many offenders might be affected.

The ruling Friday could allow earlier parole for more than half of the 20,000 sex offenders now serving time, said Janice Bellucci, a Sacramento attorney and president of California Reform Sex Offender Laws. Her lawsuit on behalf of sex offenders argued that the rules conflict with the ballot measure's language and voters' intent in approving Proposition 57. Bellucci argued the measure requires earlier parole consideration for any sex crime not on the state's narrow list of 23 violent felonies, which includes murder, kidnapping and forcible rape.

That could allow earlier parole for those convicted of raping a drugged or unconscious victim, intimately touching someone unlawfully restrained, incest, pimping a minor, indecent exposure and possessing child pornography. The judge said corrections officials can make the case for excluding those offenders as they rewrite the regulations, but Bellucci said she will sue again if officials go too far.

The full 18-page ruling discussed here is available at this link.  Here is a key paragraph from the opinion's conclusion: 

Under Proposition 57, “Any person convicted of a nonviolent felony offense . . . shall be eligible for parole consideration after completing the full term for his or her primary offense.”  CDCR adopted regulations defining the term “nonviolent offender” to exclude anyone required to register under section 290, regardless of their current commitment offense.  CDCR’s overbroad definition must thus be set aside.

February 11, 2018 at 04:04 PM | Permalink

Comments

It's great to see a sane ruling against the crazed lawheads that want to descriminate. Sex offenses have the lowest recidivism rate of any crime except for homocide. Kudos to Bellucci.

Posted by: restless94110 | Feb 12, 2018 9:48:35 AM

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