A concerned citizen contacted me saying, who is not an ideal inmate in prison?
I looked into the matter and took me a while to find the information below. I also spoke with Humboldt County Deputy District Attorney Andrew Isaac, before I found the information below.
He explained to me that Gary Lee Bullock, who is sentenced to life without parole, in addition to a determinate sentence, has two terms of life without parole as his base sentence and would have to serve that, before he could be eligible for parole.
Could a defense attorney get creative? Mr. Isaac and others certainly think that is a possibility, so cannot rule anything out.
Prop 47 came nicely and misleadingly titled and we have seen the consequences. Prop 57 is just another disaster waiting to happen.
Listed below is an opinion by Michele Hanisee,President of the Association of Los Angeles Deputy District Attorneys.
The Reality of Prop 57
By Michele Hanisee
As absentee ballots are beginning to be mailed out, it is necessary to again summarize what Proposition 57 does. It provides for earlier release of ALL inmates not serving a death sentence or life without parole sentence. It allows the Parole Board to release decades' early inmates who have committed violent crimes, including sex crimes, without the ability for review by a court or the Governor.
What Proposition 57 IS NOT is a narrowly crafted initiative limited to "non-violent" inmates.
First, Proposition 57 changes the Constitution to remove the Legislature as the sole branch of government which can enact sentence credits. Instead, it allows unelected, faceless and nameless bureaucrats at the Department of Corrections to invent any kind of sentence credits they want. As written in Section 32(a)(2), "The Department of Corrections and Rehabilitation shall have authority to award credits earned for good behavior and approved rehabilitative or educational achievements."There is no restriction on the inmates to whom it applies; thus, these Department of Corrections can invent and apply new sentence credits for all inmates.
Next, it allows early release via parole of inmates who have served only a fraction of their imposed sentence, as long as they have completed "the full term for his or her primary offense." Consecutive sentences imposed because the inmate committed crimes against multiple victims can be ignored. In addition, "life sentence" enhancements imposed on habitual sex offenders, gang offenders, or three strikers.
The initiative has no criteria for what will guide consideration for parole. Instead, as soon as the full term for the primary offense is completed, an inmate is eligible for parole. If the Parole Board decides to parole an inmate, that decision is not reviewable by a court or the Governor. In short, the power to determine the length of sentences for convicted felons has been transferred from the courts to the Parole Board.
These three issues are serious and on their own are reason to oppose Proposition 57. However, as outlined in a fact sheet on our website, there are other numerous dangerous flaws with Proposition 57 which should lead to its defeat. We urge you to read our fact sheet, keep in mind the points above, and vote "NO" on Proposition 57.
To learn more about this dangerous initiative, please visit,www.stop57.com
Please share this or our other related blogs on social media. To read or share the blogs, please click on the hyperlinks below: (1) Prop 57-A "Criminal's Bill of Rights." (2) Governor Brown, Time to Debate Prop 57(3) Jerry Brown, Line 1 - It's Your Flawed Initiative Calling (4)Proposition 57 Unmasked: A Detailed Analysis of the Misleading Initiative (5)Those Who Care About Victims of Sex Crimes Should Oppose Gov. Brown's Initiative (6) Stanford Sexual Assault Case Typifies California's New Approach to Criminals (7) Governor's spokesperson confirms his initiative will allow early release of violent inmates (8) Gov. Brown: Longing for the 70's (9) Governor Brown's Power Grab (10) The truth will defeat an oft-repeated lie (11) Low-income communities will be devastated by felon-freeing fiasco (12) L.A. Gangs Will Love Governor's Ballot Initiative (13) Felon-freeing initiative advances (14) A Radically Dangerous Experiment with Public Safety and (15) Wait in Line Governor and (16) False statements might be Prop 57's winning formula