Prop. 57 and Those "Nonviolent Offenders"

This post, Prop. 57 and Those "Nonviolent Offenders",  by Kent Scheidegger, first appeared on  at

Michele Hanisee has this post for the L.A. Association of Deputy District Attorneys:

We repeatedly
warned prior to the election that the ambiguities of language in Prop
57 would allow sex offenders to be released early from prison.  The
proponents realized the public wouldn’t support that, so led by Governor
Jerry Brown they responded by promising that CDCR would write regulations to make sure sex-offenders weren’t released early. And
so they did.  CDCR wrote into their regulations that registered sex
offenders were excluded from the early release provisions of Prop 57.

We knew that approach would fail,
because a regulation cannot expand the scope of the law that it
purports to implement. Now, the completely foreseeable result of this
poor drafting has occurred. This Friday, a Superior Court struck down
CDCR’s after-the-fact attempt to write into the regulations what was
not in the underlying law. “The Court cannot insert words into an
initiative to achieve what the court presumes to be the voters’
unexpressed intent; neither can CDCR,” said the court.

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