parole

Reporting from Sacramento — Gov. Jerry Brown’s effort to revise and ultimately loosen state prison parole rules appears to be on its way to passage on Nov. 8, as a new poll finds strong support across a wide swath of California voters.

Fifty-seven percent of likely voters in a new USC Dornsife/Los Angeles Times survey backed Brown’s Proposition 57, and only 31% were opposed. While earlier polling showed an even wider lead, the proposal has had consistently solid backing throughout the campaign season.

“Proposition 57 should pass comfortably,” said Ben Winston of Greenberg Quinlan Rosner Research, the Democratic pollster who makes up the bipartisan team that conducts the survey.

The measure, which would allow more prisoners a chance at parole and give additional authority to prison officials to award good-behavior credits, has wide appeal among the state’s young voters.

As many as two-thirds of the poll’s likely voters under the age of 40 supported Proposition 57, with the highest backing from younger white Californians. Support was at, or surpassed, the 60% threshold among Democrats, white voters who are “independent” of any political party and Latino women.

The only serious opposition came from registered Republicans, self-described conservatives and older, non-college-educated voters.

Young voters may be a harbinger of a dramatic long-term shift on crime and punishment in a state where long prison sentences for sensationalized crimes were once the hallmark of successful campaigns.

“This generation of California voters simply wasn’t alive when a tough-on-crime approach was necessary to win a statewide election,” said Dan Schnur, director of USC’s Unruh Institute of Politics.

Political analysts also point to a potential correlation in the poll between supporters of the parole overhaul and those who support Proposition 64, the effort to fully legalize marijuana. Seventy-one percent of the likely voters who support the marijuana measure also support Proposition 57.

“I think there are parallel issues here,” said Doug Herman, a Democratic strategist. “They’re making the point that the criminal justice system is broken.”

The ballot box guide to California’s propositions »

Brown has fought bitterly with district attorneys across California over Proposition 57, which he contends is simply offering the chance for a prisoner’s request to be heard by the state Board of Parole Hearings. Under the measure, parole commissioners could consider releasing any prisoner whose primary sentence was not for one of the state’s specifically listed violent crimes, and then only for secondary crimes or enhancements added at the time of sentencing.

Prosecutors, on the other hand, argue that Proposition 57 would almost certainly lead to the early release of dangerous criminals. And they believe the initiative’s expansion of good-behavior credits would mean less time behind bars even for high-risk predators.

The USC/Times poll, like most nonpartisan surveys, tested voter opinions by using Proposition 57’s official ballot title and summary — a description that has become a bone of contention during the campaign.

“The ballot title and summary is a gross and blatant misrepresentation of what this measure would do,” said Merced County Dist. Atty. Larry Morse. “It is incredibly dishonest.”

Law enforcement opponents dispute that new parole eligibility would be given only to offender, who are “nonviolent,” a word that Morse said he believes downplays the threat and thus artificially inflates any estimates of true voter support for the governor’s policy proposal.

“He knows damn good and well this applies to crimes that anyone would see as violent,” Morse said of Brown.

Dan Newman, a spokesman for the Proposition 57 campaign, said the measure is “exactly what voters want in a public safety policy — a focus on keeping dangerous offenders locked up while rehabilitating nonviolent offenders before they get out.”

While most of the focus is on the impact of revising prison parole procedures, Proposition 57 also would revoke provisions of a 2000 ballot measure that has sent some juvenile defendants into adult courtrooms. Prosecutors helped lead the campaign for that proposal 16 years ago, but Morse said he and other district attorneys now agree those teenagers should remain in the juvenile justice system.

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The survey of 1,500 registered voters was conducted for USC Dornsife and the Los Angeles Times by Greenberg Quinlan Rosner Research and American Viewpoint. Support for the ballot initiative was almost identical among the entire sample — 58% in favor — as it was among likely voters.

The poll results come as both sides in the Proposition 57 campaign ramp up efforts to persuade voters. Brown has raised more than $19.7 million in support of the measure, with the largest share of that money spent during the spring on gathering signatures to quickly qualify the initiative for the ballot after skirmishes in court over whether it was properly vetted under state election law. The governor’s effort had enough money left over for campaign mailers and a statewide radio ad blitz, while opponents, having raised less than $1.4 million, have had fewer opportunities.

That imbalance may help explain another strong marker for the initiative in the poll: It was winning with 63% of voters who said they already have cast a ballot.

john.myers@latimes.com

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July 28 (UPI) — A 16-year-old who used an assault-style rifle to kill two other students and two teachers at his Georgia high school will spend the rest of his life in prison.

On Tuesday, a judge sentenced Colt Gray to life without parole for the Sept. 4, 2024, shooting at Apalachee High School in Winder, Georgia. Another teacher and eight other students were injured in the shooting.

Gray pleaded guilty to all 55 counts, including those of murder, on Friday.

“You do not seem to be tormented by what you did, you seemto relish following in the footsteps of the murderers you idolize,” Judge Nicholas Primm of Barrow County Superior Court told Gray on Tuesday. “You aren’t rackedwith guilt. You’re proud of yourself.”

“There’s no joy here,” Primm said. “It’s only a measure of closure. The slain will not return to life. The injured will not forget their wounds. And a 16-year-old, 16-year-old boy, will live and die in prison.”

Gray was 14 at the time of the shooting and was charged as an adult. The two students who died — Mason Schermerhorn and Christian Angulo — were also 14. Gray also killed teachers Richard Aspinwall, 39, and Cristina Irimie, 53.

Prosecutor said in the sentencing hearing that Gray became obsessed with school shooters through an online community and that his jail phone calls with his mother showed he was “thrilled” to be compared to them.

Gray’s father, Colin Gray, was convicted in March on charges of second-degree murder and involuntary manslaughter for giving his son the weapon he used to commit the shootings.

Family members of those killed had urged the judge to give Gray the maximum sentence for his crimes.

“It is a life sentence of grief and trauma for those left behind,” said Aspinwall’s wife, Shayna. Their daughters were 2 and 5 when Gray killed their father.

SACRAMENTO — The Democratic-led state Senate has voted to reconfirm five commissioners to the California Board of Parole Hearings, a move that drew outcry from Republicans who argued the board recently made several egregious decisions.

“The current board is clearly not doing a good job protecting children and should be replaced,” said Sen. Steven Choi (R-Irvine), speaking June 1 on the Senate floor.

The parole board consists of 21 commissioners who are appointed by the governor and confirmed by the Senate for three-year terms. Five current commissioners — William Muniz, Michael Ruff, Rosalind Sargent-Burns, Mary Thornton and Jack Weiss — were reconfirmed June 1 in votes that fell along party lines.

Senate Republicans spoke out from the floor, expressing anger over the board’s recent decisions to grant parole to serial sex offenders David Allen Funston, Gregory Lee Vogelsang and Roberto Antonio Detrinidad. (The vote of individual commissioners was not made public.)

Democrats defended the board, saying it was following a landmark 2008 ruling from the California Supreme Court that declared denying parole must be supported by evidence that the person poses a current risk.

“Parole decisions must be based on current safety risks not on the seriousness of the original offense,” said Sen. Eloise Gómez Reyes (D-Colton). “Evidence based risk assessment exists for this exact purpose.”

California’s elderly parole program allows inmates 50 and older to qualify for a parole suitability hearing if they have been incarcerated for at least 20 continuous years. The individual can then be released if commissioners determine they do not pose a public safety risk.

Republicans, however, questioned the board’s judgment.

Sen. Shannon Grove (R-Bakersfield) said a transcript of Funston’s initial parole hearing showed he acknowledged still being attracted to children and said he would splash cold water on his face to deter his urges.

Funston used candy and toys to lure children playing outside in the Sacramento suburbs into his vehicle in 1995 and 1996, prosecutors said. He was convicted of 16 counts of kidnapping and child molestation.

“There is not a single person in this chamber who would want this man to be alone with their children or grandchildren or any of our constituents,” Grove said. “But this board voted to let him out of prison.”

Sen. Rosilicie Ochoa Bogh (R-Yucaipa) criticized the board for not releasing the specific voting records of individual commissioners. She said she had asked the five commissioners to reveal their records, which California allows but does not require.

“They all refused,” Bogh said. “If you are not willing to publicly own how you voted to release a serial child molester or repeat rapist, you will not receive my vote.”

After the votes, Senate Minority Leader Brian W. Jones (R-Santee) criticized Democrats in a statement for “rubber-stamping” the reappointments and said the board had lost all credibility with the public.

A spokesperson for the board said commissioners follow California law and prioritize public safety.

“The Board’s standard is stringent, involves numerous steps and use of validated risk assessment tools, including evaluation by forensic psychologists,” spokesperson Emily Humpal wrote in an email. “Over 97% of parolees successfully transition into their communities without a new conviction within three years.”

Some prosecutors and victims recently expressed outrage over the board’s decisions. One victim, who was kidnapped by Funston at age 4 and sexually assaulted with a knife to her throat, previously told The Times that he should remain in prison.

Jones and Sen. Roger Niello (R-Fair Oaks) this year introduced Senate Bill 1278, which would have blocked those convicted of “rape, sodomy, lewd and lascivious acts, and habitual sex offenders” from the elderly parole program. Some offenders already are barred, including those convicted of first-degree murder of a law enforcement officer.

The bill ultimately died in the Senate Public Safety Committee in April.

Other legislation from Assemblymember Stephanie Nguyen (D-Elk Grove) would raise the minimum parole age for sex offenders convicted of rape, sodomy, or the aggravated sexual assault of a child to 65. Assembly Bill 2727 is advancing through the Legislature with bipartisan support.

If signed into law, the measure would amend legislation from former Assemblymember Phil Ting (D-San Francisco), which was signed into law in 2020 and lowered the minimum age requirement for elderly parole consideration from 60 to 50 years old.