California Supreme Court Rules Sex Offenders Can Qualify For Early Parole

The California Supreme Court ruled unanimously that inmates convicted of nonviolent sex crimes cannot be denied a chance at early parole consideration.

The ruling came from the court on Monday, December 28.

The initiative for nonviolent inmates to be considered for early parole was put on the ballot four years ago. The measure was approved by nearly two-thirds of voters, according to ABC10.

However, former California Governor Jerry Brown and other proponents have repeatedly said they never intended for the initiative to cover sex offenders.

Lower appeals courts ruled that the "plain language" of the initiative means that sex offenders cannot be excluded from being considered nonviolent offenders. On Monday, December 28, the high court agreed with that ruling.

"The initiative's language provides no indication that the voters intended to allow the (Corrections) Department to create a wholesale exclusion from parole consideration based on an inmate's sex offense convictions when the inmate was convicted of a nonviolent felony," wrote Chief Justice Tani Cantil-Sakauye.

Violent offenses under California law include rape, sodomy, and continuous sexual abuse of a child. However, the definition leaves out several serious offenses like incest, indecent exposure, pimping, and possessing child pornography.

"The Board of Parole Hearings may consider an inmate's prior or current sex offense convictions when evaluating the inmate's suitability for parole," state the justices. But it cannot deny "even the mere possibility of parole to an entire category" of inmates.

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