California Judge Halts Plan to Speed Release of Repeat Offenders Considered Non-Violent

A Sacramento County judge temporarily stopped California's plan to potentially speed up prison releases for second-strike inmates currently serving sentences for nonviolent crimes.

The judge's temporary restraining order will block the plan until a hearing next month. The plan, if eventually implemented, would increase daily good-conduct credits for second-strike inmates at minimum-security prisons and camps from half-off to two-thirds off their sentences.

The emergency regulations, filed by California corrections officials, were supposed to begin on New Year's Day.

However, many opposed the regulations because while the inmates' second offenses were not violent, several people's first offenses were violent felonies. Out of the state's 58 district attorneys, 28 acted in favor of blocking the measures.

"Many of these so-called nonviolent second-strikers have long and violent criminal histories — including repeat felony domestic violence convictions, sexual assaults and gun violence," said Sacramento County District Attorney Anne Marie Schubert, who led the effort against the measures.

According to the Sacramento Bee, Schubert argued the new rules could allow the release of inmates who committed violent crimes after only serving about a third of their sentences, rather than half as the original plan stated.

The restraining order will not apply to inmates working as firefighters to help battle the state's wildfires.

Prison officials said they would comply with the order, only moving forward with implementing parts of the measures that were not blocked.

San Quentin prison, California
A Sacramento County judge put a temporary restraining order on a new rule that could speed up second-strike prison inmates' release dates. Above, an exterior view of San Quentin State Prison on June 29, 2020... Photo by Justin Sullivan/Getty Images

The prosecutors argued that the new rules would apply to those convicted of, among other things, domestic violence, human trafficking, animal cruelty and possession of weapons by inmates who have previous convictions for serious and violent felonies. California has a narrow definition of what constitutes a violent crime.

Schubert led the effort and is running for state attorney general on a law-and-order platform. The prosecutors did not oppose related changes in how good conduct credits are awarded to inmate firefighters.

"No one is contesting good conduct credits for fire camp work, but sneaking in another class of individuals with serious and violent criminal histories goes too far," Schubert said.

Corrections officials responded in a statement that their primary mission is public safety.

"As part of that mission we will continue to ensure incarcerated people who are making efforts towards their own rehabilitation by maintaining good behavior and participating in programming and rehabilitative opportunities are afforded the chance to earn credits for their efforts," they said.

The Associated Press contributed to this report.

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