Judge Strikes Down Parolee Standards

Federal judge disallows voter-approved standards for revoking parole.

Friday, Jan 27, 2012  |  Updated 7:57 AM PDT
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Judge Strikes Down Parolee Standards

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A Sacramento federal judge has struck down California's voter-approved standards for revoking paroles.

U.S. District Judge Lawrence Karlton ruled Tuesday that all Proposition 9 provisions for parole revocation are invalid. Proposition 9 was passed by a 54 percent of California voters in November 2008.

Among other things, the proposition didn't guarantee parolees a right to present evidence at hearings when they were accused of violating terms of their release.

It also allowed parole agents to testify about incriminating statements by witnesses who were not in court.

The San Francisco Chronicle said Karlton ruled the proposition violates parolee rights by tipping the balance toward incarceration.

Additionally, the judge says parolee rights were violated by a requirement to consider only public safety when considering parole revocation

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