unanimously ruled on Monday that violent felons cannot be considered for early release even if their primary offense was considered to be a nonviolent one.
Under the court's ruling, incarcerated people with sentences that combine violent and nonviolent felonies are considered violent felons. Despite this, the justices also sided with the corrections department's claim that"the ballot materials reveal that the voters intended to exclude any inmate currently serving a term for a violent felony from early parole consideration, regardless of whether such an inmate has also been convicted of a nonviolent felony.
The California Supreme Court ruled that prisons should not consider felons with any violent crimes to their name for early release.The broadest interpretation of the lower court's finding to the contrary would have required earlier release consideration for the vast majority of inmates, the department argued, since most are serving time for both violent and nonviolent felonies.
The Supreme Court's ruling upheld four other appellate rulings that supported the department's regulation.
Source: Law Daily Report (lawdailyreport.net)
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