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Prop. 57 and Those "Nonviolent Offenders"

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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