California Supreme Court Rules Thousands of Sex Offenders Are Eligible for Early Release

On Monday, the California Supreme Court ruled that thousands of inmates convicted of non-forcible sex crimes may be eligible for early release under a ballot measure that was overwhelmingly approved by voters four years ago.

The initiative, called Proposition 57, was written by then-Governor Jerry Brown (D) and passed by nearly two-thirds of the electorate. It was crafted to reduce the state’s prison population, saying any person found guilty of a “nonviolent felony offense” would be eligible for early parole. Brown said it was never intended to cover sex offenders. However, the original language did not exempt them from consideration. Lower appeals courts had ruled that nonviolent sex offenders could not be excluded, and the high court affirmed those rulings.

“The initiative’s language provides no indication that the voters intended to allow the (Corrections) Department to create a wholesale exclusion from parole consideration based on an inmate’s sex offense convictions when the inmate was convicted of a nonviolent felony,” wrote Chief Justice Tani Cantil-Sakauye in the court’s 7-0 decision.

According to The Associated Press, “the ballot measure allows officials to consider paroling inmates convicted of nonviolent crimes after they have served their basic sentence and before they have completed sometimes lengthy additional terms for enhancements for things like using a gun, having prior criminal convictions, or being involved in a street gang.”

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