California District Attorneys Petition to Repeal Release of 76,000 Inmates

Sacramento County District Attorney Anne Marie Schubert, joined by 40 other elected DAs,  submitted this petition to the Secretary of the California Department of Corrections and Rehabilitation (CDCR) to, “…repeal the temporary emergency regulations contained in the Minimum Security Credit and Inmate Credit Earning rule making action filed with the Office of Administrative Law (OAL) on April 8, 2021.”   The regulations give 76,000 criminals in state prisons eligibility for early release. 

This petition is the first step in attaining a formal court order to declare the “emergency” regulations unlawful and stop this mass early release of inmates. The CDCR is proposing these credits under Penal Code 5058.3, subdivision (a)(2) and (b), which is not written for the purpose of early release based on credits. District Attorney Schubert sums it up in this paragraph in the petition:

The purpose of the emergency procedure outlines in Penal Code section 5058.3 is to immediately put into place regulations on an emergency basis. However, the proposed regulations contained in the rule making file are credit earning provisions that have the edict of significantly shortening the length of sentence for 76,000 violent and serious offenders rather than a regulation that goes to an operational need or circumstance of the department. 

We will continue to provide updates on the status of the petition and court rulings on these “emergency” regulations.