Public safety advocates and families of victims are suing over California changes affecting inmates sentenced to life without parole
SACRAMENTO, Calif. — Public safety advocates and victims’ families filed a lawsuit Wednesday seeking to block changes to California’s parole system from taking effect in October. These opponents of the changes argue the regulations could create a path for some people sentenced to life without parole to eventually gain release.
This story continues below.
A large group gathered outside the California Board of Parole Hearings headquarters in downtown Sacramento to announce the legal challenge, led by the Sacramento-based Criminal Justice Legal Foundation.
Beginning October 1, the California Board of Parole Hearings, which is made up of 21 appointed commissioners, would be able to recommend certain offenders serving life without parole for either resentencing by the courts — which could make them eligible for parole down the road — or executive clemency by the governor.
These changes were not approved by the Legislature or California voters and instead were implemented by the parole board itself. Opponents are filing suit on these grounds, arguing that action exceeds the parole board’s authority.
“Life without the possibility of parole should mean exactly that,” Anne Marie Schubert, president and CEO of the Criminal Justice Legal Foundation, said. Schubert was the former district attorney of Sacramento County.
Angela Chavez, the aunt of 8-year-old Sandra Cantu, also spoke against the proposed changes. Cantu was murdered in 2009 by Melissa Huckaby, who pleaded guilty and was sentenced to life without the possibility of parole. While Huckaby initially faced a sexual assault charge as well, the charge was ultimately dropped in a plea deal.
Because of that, the governor’s office tells ABC10 with this specific case, Huckaby could become eligible for resentencing or clemency recommendation by the Board.
“[Sandra] deserved a lifetime,” Chavez said. “Our family has been sentenced to a lifetime without her.”
The governor’s office countered the claims of the lawsuit on numerous grounds. The office pointed us to state law, noting it has long given the Board of Parole Hearings the authority to recommend offenders for resentencing and clemency, including people serving life without parole sentences.
According to the governor’s office, the regulations simply establish a new process for how the board will evaluate people serving life without parole moving forward.
People sentenced to death, registered sex offenders and those convicted in other violent categories would be excluded under the regulations.
A spokesperson for the governor’s office said, “California believes protecting public safety means reducing future victimization through evidence-based policies—not political rhetoric. Will refer you to CDCR for anything further.”
The California Department of Corrections and Rehabilitation, which the parole board is housed under, said it would not comment on the lawsuit because it has not yet received the complaint. But CDCR emphasized the new regulations aren’t an automatic get-out-of-jail free card and that the final decision on one’s sentence still remains in the hands of the courts and/or governor.
More from ABC10: The new housing law is here. Here’s what it could mean for California
ABC10: Watch, Download, Read
1
/
12