SACRAMENTO, Calif. (KRON) — The California Department of Corrections and Rehabilitation (CDCR) has announced new measures that would make an estimated 8,000 prisoners eligible for release by the end of August.
The new measures are part of ongoing efforts to reduce the prison population amid the COVID-19 pandemic.
According to a press release from the CDCR the new action will “protect its most vulnerable population and staff from COVID-19 and allow prisons to maximize available space to implement physical distancing, isolation and quarantine efforts”.
The new measures come as California Governor Gavin Newsom faces increased pressure from advocates and lawmakers following an outbreak of COVID-19 at San Quentin State Prison.
According to the CDCR the state prison population has already been reduced by 10,000 inmates due to previous emergency actions to reduce the spread of COVID-19.
Of the more than 2,300 state current prison inmates that are positive with COVID-19, more than half are at San Quentin — with more than 30 inmate deaths statewide so far.
“Our prisons are only suppose to hold 89 thousand people and they hold 119,000 so it’s easy for prisoners to get COVID because our prisons are overcrowded,” Jay Jordan, Californians for Safety and Justice, said. “So we applaud the governor’s efforts to pull that release valve.”
While proponent of criminal justice reform support the plan, victims’ rights advocates say this is too much too quickly.
“Our agency has been overwhelmed with calls from victims who are terrified and traumatized seeing this information and trying to figure out if their perpetrator is coming back into the community,” Christine Ward said.
Ward is with California’s Crime Victims Alliance.
“We want to make sure that there is a safety net out there out here in our communities,” she said. “For them and also for the public.”
Below is a breakdown of the new efforts and which inmates are eligible to be released. All prisoners will be tested for COVID-19 seven days before release.
180 Day Early Release
- Have 180 days or less to serve on their sentence
- Are not currently serving time for domestic violence or a violent crime as defined by law
- Have no current or prior sentences that require them to register as a sex offender under Penal Code 290
- Not have an assessment score that indicates a high risk for violence
1-Year Early Release
CDCR is also reviewing for release incarcerated persons with 365 days or less to serve on their sentence, and who reside within identified institutions that house large populations of high-risk patients.
The institutions are: San Quentin State Prison (SQ), Central California Women’s Facility (CCWF), California Health Care Facility (CHCF), California Institution for Men (CIM), California Institution for Women (CIW), California Medical Facility (CMF), Folsom State Prison (FOL) and Richard J. Donovan Correctional Facility (RJD).
- Have 365 days or less to serve on their sentence
- Are not currently serving time for domestic violence or a violent crime as defined by law
- Have no current or prior sentences that require them to register as a sex offender
- Not have an assessment indicating a high risk for violenc
Individuals who are 30 and over and who meet the eligibility criteria are immediately eligible for release. Those who meet these criteria and are age 29 or under will be reviewed on a case-by-case basis for release. CDCR will consider medical risk, case factors, and time served, among other factors, in determining whether to expedite release for those identified in this cohort.
High-Risk Medical Release
Individuals deemed “high risk” are considered to be at greater risk for morbidity and mortality should they contract COVID-19. They include people over age 65 who have chronic conditions, or those with respiratory illnesses such as asthma or chronic obstructive pulmonary disease (COPD).
- Deemed high risk for COVID-19 complications by CCHCS
- Not serving LWOP or condemned
- Have an assessment indicating a low risk for violence
- No high-risk sex offenders (HRSO)
12 Week Sentencing Credit
To recognize the impact on access to programs and credit earning during the COVID-19 pandemic, CDCR will award a one-time Positive Programming Credit (PPC) to all eligible incarcerated people.
This credit of 12 weeks will be awarded to help offset not only credits not earned due to program suspensions, but also to recognize the immense burden incarcerated people have shouldered through these unprecedented times.
In order to be eligible to receive this credit, an incarcerated individual must:
- Currently incarcerated
- Not be condemned to death or serving life without the possibility of parole
- No serious rules violations between March 1 and July 5, 2020
CDCR estimates that nearly 108,000 people will be eligible for PPC. Of these, about 2,100 would advance to the point they are eligible for release between July and September.