Courts sentence only the most violent offenders to a “life sentence without the possibility of parole” (LWOP). The California Department of Corrections and Rehabilitation has already been releasing inmates against court sentencing rules for inmates with LWOP. Yes, California currently allows inmates without the possibility of parole to parole. Now a California democrat revived his bill to propose early release of prisoners serving LWOP.
SB 94 from Sen. David Cortese would allow individuals sentenced before June 5, 1990, when California voters passed Proposition 115, who have served 25 years or more to petition for early release. Reasons for petitioning early release include “childhood trauma,” being a veteran, having a cognitive impairment, intellectual disability, or mental illness, having been under 26 at the time of the offense, being in “diminished physical condition” that “reduces risk for future violence,” or if the California Racial Justice Act applies.
The California Racial Justice Act allows individuals to challenge lawful convictions if they can present racial bias related to trials, or in the absence of bias, county-level data finding members of an individual’s race or national origin face more arrests, serious charges or longer sentences than another group; it’s unclear what the baseline comparison group might be, as white individuals commit more crime per capita than Asian individuals, while Asians from some nations commit more crime than Asians from other nations on the large, diverse Asian continent, thereby allowing anyone to present a disparity of some kind.
The San Diego Deputy District Attorneys Association, which opposes the bill, asked lawmakers to consider the potential risk to public safety.
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