California DAs Want State Prison Officials to Explain Early Release of Violent Criminals

The California District Attorneys Association wants the state prison system to explain why it is releasing violent prisoners who haven’t earned sufficient rehabilitation credits early from prison. In some cases, they have re-offended and committed even more serious crimes, the
CDAA said Monday.

“California Gov. Gavin Newsom will be letting another 76,000 prisoners out of state prisons – on his own authority through Executive Order – violent crime is spiking in California’s cities,” the Globe reported May 2021. The CDCR expanded “good time credits” without criteria to justify early release of dangerous inmates.

In December 2021, the Globe reported:

Sacramento County Superior Court Judge Raymond Cadei granted a temporary restraining order to stop the California Department of Corrections and Rehabilitation (CDCR) from increasing the number of “good conduct credits” that non-violent “second strike” inmates could receive.

The CDCR had enacted “emergency regulations” to increase the number of credits given to prisoners working in fire camp-related work and to non-violent “second strike” offenders.  Prisoners in the CDCR system can receive these credits for “educational, vocational, and self-improvement activities” (link no longer good) to help give prisoners a better chance at adjusting once out of prison, and reduce the chances of committing crimes that could result in being jailed again. In many cases, the more credits that are earned, the quicker they can be released from prison. However, only prisoners non-violent offenders and those in minimum security were eligible for these credits.

Under the newest regulations, “non-violent” second strike inmates would see an increase in number of credits earned, going from 50% to 66%. Effectively, this would reduce sentences even more, going from half the time off to 66% of the time off. Those eligible for the new credit amount includes prisoners convicted for domestic violence, animal cruelty, human trafficking, and weapons possessions with prior convictions.

In Gov. Jerry Brown’s signing message of SB 1391, he says victims’ testimony weighed on him. He signed the bill anyway, citing a need for “redemption and reformation wherever possible,” the Globe reported. Judge McAdam’s October 24, 2018 ruling in that case said, “It will soon be the law of California that even a 15-year-old who commits a brutal double murder of strangers in his neighborhood will be adjudicated in juvenile court and not adult criminal court, without any weighing of factors.” 

Murdered Sacramento Land Park resident Kate Tibbitts would likely be alive today if Troy Davis, who had 2 felony strikes and was released from jail without having to post bail in June, hadn’t been released. Troy Davis raped and murdered Tibbitts, killing her dogs and setting her house on fire,” the Globe reported. “Troy Davis, 51 (aka Troy Davies), a parolee at large, was also let out on zero bail in June for stealing a car, even with his long history of violent crimes, and having recently been in prison for a violent felony.”

“A judge let him out with zero bail on his own recognizance, and then he failed to appear, becoming a ‘parolee at large,’” the Globe reported. In addition to driving a stolen car when he murdered Ms. Tibbitts, he also had a known methamphetamine addiction.

The California District Attorneys Association wants the state prison system to explain why it is releasing violent prisoners like Troy Davis. The rest of us also want to know why.