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Judge Blocks Implementation of Good-Conduct Rule
Under New Policy—Opposed by 28 DAs—Some Inmates Could Be
Released After Serving Only One-Third of Their Sentences
By a MetNews Staff Writer
A Sacramento Superior Court judge yesterday reinstated a temporary restraining order which bars the state from putting into effect a regulation under which good-conduct credits could be issued to second-strike inmates at minimum security facilities enabling authorities to release them after they have served only one-third of their sentences.
At present, early release is authorized only if the convict has served at least half of the sentence.
The new policy of the California Department of Corrections & Rehabilitation (“CDCR”) was slated to go into effect Jan. 1. That was blocked by Sacramento Superior Court Judge Raymond Cadei who issued a TRO on Dec. 30.
Another judge of that court, Shami Mesiwala, last Thursday denied a request by a coalition of 28 district attorneys—which did not include Los Angeles County District Attorney George Gascón—for a preliminary injunction.
Yesterday, however, a third judge—Judith S. Craddick—issued a new TRO, to stay in effect pending the filing of an appeal from the denial of a preliminary injunction in the Third District Court of Appeal.
The effort is spearheaded by Sacramento District Attorney Anne Marie Schubert, a candidate for state attorney general. She commented:
“CDCR believes they can increase conduct credits by 100% without ever giving victims and the public the right to meaningful participation in this process. Most people would be surprised to learn that under California law, crimes like felony domestic violence and human trafficking are not ‘violent’ felonies.
“An individual with a prior violent felony record who is convicted of felony domestic violence should not be serving 1/3 or less of his or her sentence. I am pleased that the Court reinstated the TRO against CDCR today as this is a critical public safety issue for crime victims and all Californians.”
She added:
“Proposition 57 and the California Constitution guarantees the public and crime victims the right to be heard in a public forum. This lawsuit is simply asking that CDCR honor the Constitution and the will of the voters.”
The prosecutors maintain that the new good-conduct rules could result in the release of prosecutors say could lead to early releases of as many as 76,000 inmates who have committed serious and violent crimes.
Copyright 2022, Metropolitan News Company