Criminal Justice Legal Foundation v. California Dept. of Corrections & Rehabilitation
Summary
California Supreme Court case challenging regulations issued by the Newsom Administration that will speed up the release of 76,000 prison inmates. Although Proposition 57 was sold to the public as a way to be more lenient on nonviolent convicts, the new regulations issued under it greatly expand the system of credits, shortening the sentences of all but a few of California's prisoners. Robbers, rapists, and even most murderers are eligible for the expanded credits.
In the Superior Court, CJLF, along with individual victims of crime and victims' family members, challenged the regulations on the ground that they conflict with statutes enacted by the Legislature and that Proposition 57 does not authorize CDCR to contradict statutes. The Superior Court held that Proposition 57 does not authorize CDCR to use these credits to move up the minimum eligible parole date for felons sentenced to life in prison with a possibility of parole. This group includes murderers and third-strikers. The court did not strike down the regulations that authorizes CDCR to issue credits above the maximum allowed by statute for felons sentenced to a fixed term of years.
Both sides appealed. The Court of Appeal affirmed the Superior Court decision with only a minor change. On October 22, 2025, the California Supreme Court decided to review the case. CJLF will file its brief in March 2026.
