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District Attorneys Granted Temporary Restraining Order Preventing The California Department of Corrections and Rehabilitation from Increasing Credits for Defendants Convicted of a Serious Second Strike

SALINAS, California- Monterey County District Attorney Jeannine M. Pacioni announced on Thursday, December 30 that she and 27 other elected District Attorneys across California have been granted a Temporary Restraining Order (TRO) preventing the California Department of Corrections and Rehabilitation (CDCR) from enacting an increase of credits from 50% to 66% conduct credits for second strikers with serious or violent criminal histories. This newest “emergency regulation” comes after the CDCR’s recently enacted so-called “emergency” regulations that allow for additional credits to be awarded to serious and violent felons, including credits that are not based upon completing any rehabilitation programs. While the CDCR’s newest regulations grant additional good conduct credits to inmates working in fire camp related activities, they also added additional credits to so-called “nonviolent” second strikers. Unrelated to fire camp credits, the CDCR sought to increase credits to 66% conduct credits, two- thirds time off sentences, to second strike inmates housed at a minimum-security level A or B facility. The CDCR did so amid litigation challenging additional credits for serious and violent offenders. This new class of credits will include convictions for domestic violence, human trafficking, animal cruelty and possession of weapons by individuals who have previous convictions for serious or violent felonies. To stop the enforcement of this newest early release “emergency regulation,” the 28 DAs filed a TRO on December 22, 2021. On December 29, 2021, the Court granted the petition and issued the TRO against the CDCR. Under California law, “nonviolent” felonies include domestic violence, rape of an unconscious person, human trafficking, and assault with a deadly weapon. “Second striker” refers to an inmate who was previously convicted of a serious or violent felony.

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