XPost: talk.politics.guns, alt.california, alt.fan.rush-limbaugh
XPost: sac.politics
https://www.kcra.com/article/why-did-one-sacramento-shooters-only-serve- half-sentence/39678692
SACRAMENTO, Calif. —
Following the mass shooting in downtown Sacramento over the weekend, and
the arrests that followed, KCRA 3 started getting questions into the
newsroom about early releases from prison and credits earned in custody.
Earlier this week, we reported Smiley Martin was released from prison in February. He served about half of a 10-year sentence for domestic
violence. Now Martin is facing weapons charges in connection with the Sacramento shooting.
We spoke with a law professor about the different reasons prisoners can be released before their original sentence has ended.
One factor to take into account is time served before the person gets to prison. If a person can’t make bail, that person remains in jail awaiting trial. They’ll then be given credit for the time served.
Prisoners can also get credits in custody.
In Martin’s case, the California Department of Corrections and
Rehabilitation said he was received by CDCR in January 2018 with a 10-year sentence. At that point, he had already received 508 days of pre-
sentencing credits. He also received a variety of additional post-
sentencing credits, CDCR said. He was released from CDCR custody in
February 2022.
Where does the credit system come from?
Back in 2016, Proposition 57 allowed prisoners to earn credits for things
like good behavior and participation in rehabilitation or educational
programs.
"Because we had so much overcrowding, there was pressure from federal
courts and actually the Supreme Court to reduce the prison population,”
said Michael Vitiello, a law professor at McGeorge School of Law.
“California was incarcerating people for very, very long periods of time,
well past the time we needed for social protection.”
Right now, the state corrections system wants to make it easier to earn credits. There are already emergency regulations in place allowing that to happen, and the CDCR wants to make it permanent.
“Prison officials tend to like good time credits because if I am a
prisoner and I can earn good time credits, I’ll probably behave better,” Vitiello said.
The proposal for permanent changes to the credit system does not sit well
with some prosecutors. Sacramento District Attorney Anne Marie Schubert
and 43 other district attorneys have filed a lawsuit against CDCR, seeking
an injunction. Schubert is urging people to take part in a public comment period that is open until April 13.
Vitiello notes there are several other reasons prisoners can be released
before their original sentence date. That includes commutations from the governor and parole eligibility.
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