Early Release Of 76K California Inmates: Civil Lawsuit [Survey]

SACRAMENTO, CA — The possible early release of thousands of California prison inmates has drawn ire from 44 district attorneys across the state. On Wednesday, a civil lawsuit was filed by the DAs against the California Department of Corrections and Rehabilitation. The suit seeks to halt awarding additional "good conduct" credits to approximately 76,000 state prison inmates as part of "temporary emergency regulations."

The CDCR put in place the temporary emergency regulations and unveiled them April 30 without a prior public comment period. The regulations allow thousands of inmates convicted of violent crimes to become eligible for good behavior credits that shorten their prison sentences by one-third instead of the one-fifth that had been in place since 2017.

The lawsuit, filed in Sacramento County Superior Court, requests the court declare the temporary emergency regulations unlawful and prohibit the CDCR from awarding the additional credits until CDCR "lawfully complies with the regulatory scheme, which includes a transparent and rigorous period for public comment," according to Riverside County District Attorney Mike Hestrin, who joined the complaint.

“Releasing dangerous and violent felons into our communities by reducing their sentences by as much as 50 percent puts the public in danger,” Hestrin said. “Victims and their families deserve to be heard on how these regulations might affect them and public safety in general.”

CDCR spokeswoman Vicky Waters told City News Service the state agency "will review the details of the lawsuit once we are served and continue to work with our partners to promote rehabilitation and accountability in a manner consistent with public safety."

Earlier this month, Hestrin and 40 district attorneys across the state signed a petition against the early release framework and filed it with the CDCR, asking the agency to repeal its decision.

At the time, CDCR spokeswoman Dana Simas said the temporary emergency regulations allow the CDCR to impose new rules without public comment.

Simas said in a statement the goal of the regulations is to "increase incentives for the incarcerated population to practice good behavior and follow the rules while serving their time, and participate in rehabilitative and educational programs, which will lead to safer prisons. Additionally, these changes would help to reduce the prison population by allowing incarcerated persons to earn their way home sooner."

California has been under court orders to reduce a prison population that peaked at 160,000 in 2006 and saw inmates being housed in gymnasiums and activity rooms. In 2011, the U.S. Supreme Court backed federal judges' requirement that the state reduce overcrowding.

The population has been declining since the high court's decision, starting when the state began keeping lower-level felons in county jails instead of state prisons. In 2014, voters reduced penalties for property and drug crimes. Two years later, voters approved allowing earlier parole for most inmates.