The victim’s right group, Crime Victims United of California, claims that the law violates early release restrictions that are outlined in California's Proposition 9 which was voted on and approved by residents of California in 2008.
According to the particulars of the lawsuit launched by Crime Victims United, ''this amendment incorporated into the constitution the public's right to prevent the early release of felons, adequate notice of the release to victims of those felons and funding of prisons adequately to protect the public.''
The California Department of Corrections and Rehabilitation claims that they can legally release the inmates and they believe the move will allow low-risk inmates an incentive to learn new skills, curb undesirable behavior and also help the inmates to prepare for life outside the prison walls.
According a report in the San Diego Union Tribune, prison system spokesperson, Gordon Hinkle said that the state will not release felons who are violent or committed serious offenses, and gang members will not be eligible for early release. Hinkle said that ''prisoners still have to complete their sentences and are subject to disciplinary actions and loss of credits in cases of bad behavior. The new law also has a reform component related to parole, which the department feels is an improvement to public safety since it allows us to focus our resources on those most serious and violent offenders that are most likely to reoffend.”
In Orange County, plaintiffs launched a similar lawsuit but withdrew it in order to focus their efforts on advocating for changes in the legislation. In Placer County, a judge threw out similar litigation due in part to technical issues; the lawsuit was filed by Crime Victims United of California.
