Is age 50 elderly? The CA law that allows violent inmates to get out of prison early

California’s elder parole law, which considers convicts aged 50 and older as elderly, is facing criticism as it allows some violent criminals, including rapists and murderers serving life sentences, to be released from prison, raising concerns among victims and advocates.Two women, Jennifer Carvalho and Karen Huestis, are pleading with the state to keep their attackers behind bars.In a letter to Gov. Gavin Newsom, Carvalho wrote about her rapist, Thomas Martinez:”Please, I beg you to review this case. He is a repeat violent offender and a rapist. Lives are at stake.”Karen Huestis, whose mother was murdered by George Bouras in 1981, also wrote numerous letters over the years to the parole board:”What can I possibly say today to make complete strangers understand the magnitude of our loss?”In 1991, Bouras was sentenced to 25 years to life for killing his girlfriend, Nancy Nelson, 43, with a hammer. Police caught him several years later in Australia and brought him back to Sacramento to stand trial. “I guess it was nine or 10 months from what I can remember of her being afraid all the time,” Huestis said. She recalled being told by the district attorney at the time, “‘You don’t have to worry now, he’s going to be put away for a long time and you can go and live in peace.'”Martinez was sentenced to 56 years to life for raping Carvalho and another woman. “As he had the knife to my neck, I remember thinking, ‘If I scream, he’s going to kill me, and my son’s going to wake up in the morning and find his mom dead,'” Carvalho said. After Martinez’s conviction in 2004, Carvalho initially felt safe.”This guy’s going to go away for life. We did it, we did it, and I’m going to be safe. I’m going to be OK,” she said.However, more than two decades later, she now fears for her safety, learning her rapist could be released. “I said, ‘No, no, no, no, he got a 56 to life sentence. He wasn’t supposed to be eligible for parole until the year 2051. What do you mean he’s up for parole?'” she said.Both Bouras and Martinez qualify for elder parole, with Martinez being 54 and Bouras being 77. Under California law, inmates were previously eligible for an elder parole eligibility after serving 25 years of their sentence and reaching age 60. But in 2021, in an attempt to ease prison overcrowding, the law changed, lowering the time served to 20 years and the age to 50.”Elder parole is a ticking time bomb,” said Sacramento District Attorney Thien Ho. “It is an absolute failure of our criminal justice system because it endangers people.” Ho is monitoring a list of violent offenders eligible for elder parole, including Roy Waller, known as the NorCal Rapist, who was sentenced to nearly 900 years to life for raping nine women over 15 years. The change in law makes him eligible for parole in 14 years. Ho’s office also prosecuted Bouras, convicting him in the early 90s. “We made a promise to the victims. The judge made a promise. Society made a promise. The jurors did their job. And now with this law, it just rips open everything away, years later,” Ho said.But there are advocates for convicts serving life sentences. Vanessa Nelson-Sloane, an advocate for prisoners’ rights and reform, believes aging inmates deserve a second chance. “They consider things like cognitive impairment or physical impairment, whether or not the person is really a danger to society. That is the question the parole board has to answer,” she said. Nelson-Sloane, who founded Life Support Alliance, argues that being in prison for more than 20 years ages inmates significantly. “Many studies show that being in prison for more than 20 years ages you about ten years for every year as opposed to anybody else of that age,” she said.California Assemblymember Stephanie Nguyen has worked to change the law. “It’s disgusting to me, it really is,” she said.Nguyen noted that lawmakers passed elder parole to ease prison overcrowding and attempted to exclude violent sex offenders from the program, but the bill did not advance. “I think now is the time in which we need to bring this back and say, that is 50 old enough? that 50 is young still,” Nguyen said.The state listened to Carvalho’s pleas, postponing Martinez’s January release and reconsidering his parole eligibility. She will attend another hearing in April. “This is a new fight because now I’m really fighting for justice, and I’m really fighting for the safety of myself and all members of the community,” Carvalho said.Despite Huestis pleas, her mother’s killer is already out of prison and no longer on parole. “At the time this was on the news, we were just kids, but somebody had to speak up for my mom and who she was and what was taken from us,” Huestis said. Huestis expressed her ongoing fear even at his age of 77.”I have a sentence of life because I have to watch my back all the time. And it is not the freedom that I would like to live my life, but it is what it is,” Huestis said.Both women hope communities are aware of who is in custody and who is free. “I think the greater community doesn’t even know this law exists. They have no clue,” Nguyen said.See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel

SACRAMENTO, Calif. —

California’s elder parole law, which considers convicts aged 50 and older as elderly, is facing criticism as it allows some violent criminals, including rapists and murderers serving life sentences, to be released from prison, raising concerns among victims and advocates.

Two women, Jennifer Carvalho and Karen Huestis, are pleading with the state to keep their attackers behind bars.

In a letter to Gov. Gavin Newsom, Carvalho wrote about her rapist, Thomas Martinez:

“Please, I beg you to review this case. He is a repeat violent offender and a rapist. Lives are at stake.”

Karen Huestis, whose mother was murdered by George Bouras in 1981, also wrote numerous letters over the years to the parole board:

“What can I possibly say today to make complete strangers understand the magnitude of our loss?”

In 1991, Bouras was sentenced to 25 years to life for killing his girlfriend, Nancy Nelson, 43, with a hammer. Police caught him several years later in Australia and brought him back to Sacramento to stand trial.

“I guess it was nine or 10 months from what I can remember of her being afraid all the time,” Huestis said.

She recalled being told by the district attorney at the time, “‘You don’t have to worry now, he’s going to be put away for a long time and you can go and live in peace.'”

Martinez was sentenced to 56 years to life for raping Carvalho and another woman.

“As he had the knife to my neck, I remember thinking, ‘If I scream, he’s going to kill me, and my son’s going to wake up in the morning and find his mom dead,'” Carvalho said.

After Martinez’s conviction in 2004, Carvalho initially felt safe.

“This guy’s going to go away for life. We did it, we did it, and I’m going to be safe. I’m going to be OK,” she said.

However, more than two decades later, she now fears for her safety, learning her rapist could be released.

“I said, ‘No, no, no, no, he got a 56 to life sentence. He wasn’t supposed to be eligible for parole until the year 2051. What do you mean he’s up for parole?'” she said.

Both Bouras and Martinez qualify for elder parole, with Martinez being 54 and Bouras being 77. Under California law, inmates were previously eligible for an elder parole eligibility after serving 25 years of their sentence and reaching age 60. But in 2021, in an attempt to ease prison overcrowding, the law changed, lowering the time served to 20 years and the age to 50.

“Elder parole is a ticking time bomb,” said Sacramento District Attorney Thien Ho. “It is an absolute failure of our criminal justice system because it endangers people.”

Ho is monitoring a list of violent offenders eligible for elder parole, including Roy Waller, known as the NorCal Rapist, who was sentenced to nearly 900 years to life for raping nine women over 15 years. The change in law makes him eligible for parole in 14 years.

Ho’s office also prosecuted Bouras, convicting him in the early 90s.

“We made a promise to the victims. The judge made a promise. Society made a promise. The jurors did their job. And now with this law, it just rips open everything away, years later,” Ho said.

But there are advocates for convicts serving life sentences.

Vanessa Nelson-Sloane, an advocate for prisoners’ rights and reform, believes aging inmates deserve a second chance.

“They consider things like cognitive impairment or physical impairment, whether or not the person is really a danger to society. That is the question the parole board has to answer,” she said.

Nelson-Sloane, who founded Life Support Alliance, argues that being in prison for more than 20 years ages inmates significantly.

“Many studies show that being in prison for more than 20 years ages you about ten years for every year as opposed to anybody else of that age,” she said.

California Assemblymember Stephanie Nguyen has worked to change the law.

“It’s disgusting to me, it really is,” she said.

Nguyen noted that lawmakers passed elder parole to ease prison overcrowding and attempted to exclude violent sex offenders from the program, but the bill did not advance.

“I think now is the time in which we need to bring this back and say, that is 50 old enough? that 50 is young still,” Nguyen said.

The state listened to Carvalho’s pleas, postponing Martinez’s January release and reconsidering his parole eligibility. She will attend another hearing in April.

“This is a new fight because now I’m really fighting for justice, and I’m really fighting for the safety of myself and all members of the community,” Carvalho said.

Despite Huestis pleas, her mother’s killer is already out of prison and no longer on parole.

“At the time this was on the news, we were just kids, but somebody had to speak up for my mom and who she was and what was taken from us,” Huestis said.

Huestis expressed her ongoing fear even at his age of 77.

“I have a sentence of life because I have to watch my back all the time. And it is not the freedom that I would like to live my life, but it is what it is,” Huestis said.

Both women hope communities are aware of who is in custody and who is free.

“I think the greater community doesn’t even know this law exists. They have no clue,” Nguyen said.

See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel