The July 7 opinion piece, "Parole boards & public safety," written by Eric Siddall of the Association of Deputy District Attorneys, gives an erroneous portrayal of Proposition 57, which passed last November.
Prop. 57 added Section 32 to Article I of the California Constitution. The addition, in part, provides: "(1) Parole Consideration: Any person convicted of a nonviolent felony offense and sentenced to state prison shall be eligible for parole consideration after completing the full term for his or her primary offense."
Mr. Siddall states that under Prop. 57 the parole board will be able to release individuals for crimes like "rape" and "attempted murder." No authority is given for the above statement. California Penal Code Section 667.5(3) and (12) list rape and attempted murder as violent felonies respectively. Clearly these two offenses are not nonviolent felonies and would not be eligible for relief under Prop. 57.
Also, the opinion piece states, "The Parole Board's power is now absolute under Proposition 57." The only crime for which Mr. Siddall says the board cannot release a person is "murder." As mentioned above, the only people the board can consider for parole, are those with nonviolent felonies. The board cannot consider any violent felony, not just murder.
Two of the stated purposes of Prop. 57 are: "1. Protect and enhance public safety" and "2. Save money by reducing wasteful spending on prisons." The California Department of Corrections and Rehabilitation has just recently published regulations to implement Prop. 57. There is no evidence at this time that Prop. 57 will not fulfill its purpose and intent approved by the electorate.
Hopefully it will.
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