Families, advocates fight new California parole pathway for those serving life sentences ...Middle East

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Families of crime victims, advocates and law enforcement officials gathered at the California State Capitol to oppose new state Board of Parole Hearings regulations that went into effect on Oct. 1.

They say the regulatory changes create new pathways to early release for some of California's most violent offenders.

    "Life without parole is not cruelty. It is the only mercy left for the living," said Jake Johnson, president of the California Association of Highway Patrolmen. 

    The group of advocates argues that the changes quietly give those handed long-term sentences, including life without the possibility of parole, the chance to be paroled or resentenced after serving 25 consecutive years. 

    "What our parole board has decided, not going through the legislative process, is they were going to adopt these regulations. They're not laws. They're administrative regulations that would allow people serving life without parole the possibility of getting paroled through a new process," said Anne Marie Schubert. 

    Schubert is the former Sacramento County district attorney turned president of the Criminal Justice Legal Foundation (CJLF). 

    "It's a massive change to our sentencing process here in California, and the most perhaps disturbing part is that it never went through the legislative process. There was no public debate in a legislative hearing, anything like that," said Schubert. 

    The CJLF alleges the move is illegal and that the board has exceeded its authority. That is why the organization and a host of other plaintiffs filed a lawsuit to immediately stop the changes now in effect. 

    "Too much of what we do in this state is decided by unelected bureaucrats. The consequences of their decisions are irreversible once they make them," said Sen. Roger Niello (R-Fair Oaks). 

    Niello says he plans to introduce bipartisan legislation to stop state agencies from overstepping California voters. 

    "We need to have a law passed to at least put guardrails on it, and it's something that we're going to be looking into," said Niello. 

    At a press conference held Thursday morning in the park surrounding the state capitol, pictures of the victims of violent crime were held in solidarity.

    For their loved ones, the possibility of parole is painful, especially for those who heard the words "life without the possibility of parole" when the person responsible for their death was sentenced.  

    "Just even the thought of having to go through it, it's heartbreaking and kind of pushed me backwards," said Estella Hulbert. "What we thought we had was finality." 

    Hulbert's two children, Ryan and Zachary, were both murdered in 2021 by Ryan's ex-boyfriend, who she says snapped after their breakup. 

    "Now we are here to fight and to let our voices be heard as victims that we should not have to go through these processes again," said Hulbert. 

    If all else fails, these advocates say they will push to put changes on the ballot.

    "I think the voters of California will understand that life without parole should mean life without parole," said Schubert. 

    CBS News Sacramento reached out to the California Department of Corrections and Rehabilitation (CDCR) regarding the changed regulations and we have not yet received a response. 

    In a statement to a California newspaper, CDCR officials said the regulations do not release anyone from prison. 

    The CDCR said it will instead establish a more transparent process for the board in commutation and resentencing referrals, pointing out that any final decision on an offender's release remains solely with the governor or the courts. 

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