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Parole board sued over potential early release for prisoners with life sentences

The view of San Quentin prison from a ferry, the prison is hugged on the bottom and top by blue water and blue sky. It is a tan, rectangular building on a slight hill.
Sophia Hussain
/
Flickr / Creative Commons
The view of San Quentin prison from a ferry

The Criminal Justice Legal Foundation’s lawsuit challenges new regulations set to take effect October 1st.

The regulations create a review process for people who have served at least 25 years in prison, including some serving life without parole. The Board of Parole Hearings does not make final release decisions. It only sends recommendations to the governor or the courts.

The board says the process is not a parole hearing, and some inmates are excluded, including those on death row. But critics say it undermines promises made to victims' families.

Phyllis Loya's son was an East Bay police sergeant killed in the line of duty in 2005.

"If this were a baseball game, instead of three strikes, the defendants would be given 15, 20, 30 strikes," Loya said at a press conference. "And you know what? Every one of them is a blow to victims. We live with our altered lives forever. The pain is forever."

Not everyone opposes the regulations. Anthony DiMartino is with Californians for Safety and Justice.

"This lawsuit is rooted in the mistaken belief that public safety is defined by how long someone remains incarcerated," said DiMartino. "Decades of our work, which has brought crime down to its lowest levels in California history, shows that safety increases when we invest in preventing violence before it happens."

The Board of Parole Hearings estimates about 2,400 inmates could be immediately eligible when reviews begin next summer.