Posted on 05/03/2005 9:19:58 AM PDT by NormsRevenge
Hundreds of inmates have been released from California prisons since Jan. 1 as a result of a federal court agreement Gov. Arnold Schwarzenegger's administration signed the first day it came to power.
At least one of the prisoners released has since been arrested on suspicion of committing a new crime - a Porterville man accused of threatening to kill a police officer.
The releases took place because Schwarzenegger's administration signed an agreement in a long-contested class-action lawsuit known as the Valdivia case. It required the state to provide revocation hearings for parolees within 35 days of their reincarceration - or set them free.
On Monday, with anger building among parole agents, victims rights groups and some lawmakers, the state attorney general's office filed a motion on behalf of the Youth and Adult Correctional Agency to have a special master appointed to oversee Valdivia, in part because of the time limits.
If the motion is granted, the state would cede its authority to manage the 100,000 parole revocation hearings it oversees every year to a federal judge.
Assemblyman Rudy Bermudez, D-Norwalk, a vocal critic of the administration's prison and parole policies, said parole agents have told him the releases include an untold number of serious and violent offenders.
"I did not support the signing of the Valdivia resolution, and I believe it was a huge mistake by Governor Schwarzenegger and Rod Hickman and that it eroded public safety," said Bermudez, who was a parole agent before he became an elected official.
(Excerpt) Read more at sacbee.com ...
How Valdivia works (Excerpt)
New policies and procedures governing parole revocations were established under the terms of an agreement the Schwarzenegger administration signed on its first day in office. As of Jan. 1, the state agreed to:
Require parole agent and supervisor to confer within 48 hours of parolee's reincarceration, or next business day if hold is placed on a weekend, and decide whether probable cause exists to keep the parolee in custody.
Provide the parolee with notice of alleged violation within three days of placement of hold.
Provide lawyer and offer a proposed disposition, or "return to custody assessment," to parolee within six to eight business days of hold.
Conduct final revocation hearing within 35 calendar days of hold.
This would've probably not have had to be done if there weren't so damned many illegals clogging our prisons. I think Savage quoted that it's around 1/3 of those incarcerated in CA. The prisons are packed.
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