44 Elected District Attorneys File Suit Challenging the Early Release of 76,000 State Prison Inmates
Sacramento District Attorney Anne Marie Schubert announced today that she and 43 elected District Attorneys across California, have filed a civil lawsuit against the California Department of Corrections and Rehabilitation (CDCR) seeking declaratory and injunctive relief to prohibit awarding additional conduct credits to more than 76,000 violent and serious offenders.
The additional credits were the product of “emergency” regulations which were passed and first made public on Friday April 30, 2021, at 3:00 p.m. In adopting these regulations, and claiming an emergency, the CDCR Secretary stated these regulations were necessary to comply with “the direction outlined in the Governor’s Budget Summary” presented a year ago on May 14, 2020. By invoking an emergency, the traditional regulatory scheme and transparent public comment period was bypassed.
This lawsuit requests the Superior Court to declare the regulations unlawful and to prohibit CDCR from awarding these additional credits until CDCR lawfully complies with the regulatory scheme, which would include a transparent and rigorous public comment period.
District Attorney Schubert stated, “Allowing the early release of the most dangerous criminals, shortening sentences as much as 50%, impacts crime victims and creates a serious public safety risk. This lawsuit asks the court to enjoin CDCR from awarding these credits unless and until these regulations are exposed to a fair, honest and transparent debate, where the public has input on dramatic changes made through the regulatory process.”