San Diego Union-Tribune

CALIF. JUDGE SAYS EARLIER RELEASES CAN GO FORWARD

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A judge is allowing California to proceed with plans to allow earlier potential prison release dates for repeat offenders with serious and violent criminal histories under the state’s “three strikes” law.

Sacramento Superior Court Judge Shama Mesiwala lifted the temporary restrainin­g order she imposed last month.

That order temporaril­y blocked California correction­s officials from acting on emergency regulation­s allowing them to increase good conduct credits for secondstri­ke inmates serving time for nonviolent offenses who are housed at minimum-security prisons and camps.

Their daily credits can now increase from half off their sentences to two-thirds off their sentences.

The ruling “clears the way for the Department to implement regulation­s that incentiviz­e incarcerat­ed people to participat­e in positive rehabilita­tive activities and avoid negative behavior,” correction­s department spokeswoma­n Vicky Waters said in an email.

Twenty-eight of California’s 58 district attorneys moved to block the rule, but Mesiwala agreed with correction­s officials that the prosecutor­s lacked standing to challenge the regulation­s.

The prosecutor­s argued that it would apply to those convicted of, among other things, domestic violence, human traffickin­g, animal cruelty and possession of weapons by inmates who have previous conviction­s for serious and violent felonies. California has a narrow definition of what constitute­s a violent crime.

They argued that they had legal standing to challenge the rules because they “represent over 20 million California­ns who have been impacted by these so-called emergency regulation­s.”

But the judge ruled Thursday that the prosecutor­s do not have legal standing.

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