Summary
California Supreme Court case to review whether Proposition 57 precludes early parole consideration for inmates currently serving a sentence for both violent and nonviolent felony offenses. Proposition 57 permits early parole eligibility for state prisoners "convicted of a nonviolent felony offense" after completing the full term of their primary offense. The CA Department of Corrections and Rehabilitation (CDCR) promulgated regulations that excluded from early parole consideration inmates currently serving a sentence for a violent felony. Mohammad pled no contest to nine counts of robbery (violent felonies) and six counts of receiving stolen property (nonviolent felonies). The sentencing court designated one of the nonviolent felonies as the principal term and ordered him to serve three years in prison. The court then ordered consecutive one-year terms on each of the nine violent offenses, and consecutive eight-month terms on each of the remaining five nonviolent felonies. After completing the full three-year term for the nonviolent primary offense, Mohammad requested an early parole consideration hearing. CDCR denied his request. On appeal, the Court of Appeal granted relief, finding that because he had completed the full term of his primary offense, he was eligible for early parole consideration even though he was currently incarcerated for the violent offenses. The Court of Appeal interpreted the measure to mean that an inmate who is serving an aggregate sentence for more than one conviction will be eligible for an early parole hearing if only one of those convictions was for “a” nonviolent felony offense. CJLF joined the case to argue that the Court of Appeal's erroneous interpretation of the measure would essentially sweep the entire state prison population into its purview and is contrary to voter understanding and intent. Such an interpretation would also lead to the absurd result that inmates convicted of more crimes would be eligible for early parole consideration whereas inmates convicted of less crimes would not. The California Supreme Court agreed and held that inmates who are currently serving a term of incarceration for a violent felony are excluded from early parole consideration.
