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Group asks court to stop early release of inmates
Claims program puts dangerous criminals back on the streets

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Group says early release program puts
dangerous criminals back on the streets
 

Group asks court to stop early release of inmates

Claims program puts dangerous criminals back on the streets


by Dana Littlefield

SignOnSanDiego.com

October 15, 2010


SAN DIEGO — Representatives from a crime victims advocacy group argued in court Friday that a new law allowing the release of some prison inmates before they complete their original sentences violates victims' constitutional rights.

Lawyers for Crime Victims United of California asked a judge to impose a preliminary injunction barring the state from continuing an “early release program,” which the group claims puts dangerous criminals back on the streets.

 

But state officials maintain that the law, which went into effect Jan. 25, targets only those inmates convicted of nonviolent offenses who complete specific programs. Criminals such as sex offenders and gang members would not be eligible.

San Diego Superior Court Judge Ronald Prager said he would rule on the preliminary injunction next week. He set a trial date for April 29 to consider whether to impose a permanent injunction.

Crime Victims United filed a lawsuit in San Diego County in March, saying the new law violated the Victim's Bill of Rights Act of 2008 — also known as Marsy's Law — by allowing the early release of some inmates and failing to notify victims.

“It's severely hampering the public safety of the state of California,” Nina Salarno Ashford, an attorney and Crime Victims United board member, said outside the courtroom.

She argued that the law would allow the release in 2010 and 2011 of tens of thousands of inmates, whose offenses include child abuse, elder abuse and domestic violence.

“So you have some very bad people coming out,” Ashford said.

Representatives from the Department of Corrections and Rehabilitation have objected to any assertion that the law constitutes an early release program, but they say the cost-saving measure could affect more than 6,500 offenders in the state over time.

“We're not opening the doors and 6,500 people are walking out,” said Oscar Hidalgo, a spokesman for the prison agency.

Signed by Gov. Arnold Schwarzenegger in October 2009, the law adjusted the way inmates earn “custody credits,” allowing them to earn up to six weeks a year off their sentences, Hidalgo said in an interview. To qualify, inmates have to complete certain programs aimed at preparing them for life on the outside.

“We have numerous types of credits that inmates can receive,” he said. “We don't consider that early release.”

State law defines nonserious or nonviolent crimes, Hidalgo said, but he acknowledged some members of the public could see things differently.

“They might consider these violent or egregious acts. However, the penal code itself determines what is violent or nonviolent,” he said.”

Hidalgo said the law also changes the status of some 15,000 parolees, making them subject to search and seizure but no longer required to report to a parole officer. The idea, he said, was to pull resources away from low-risk offenders and focus on the population most likely to offend again.