In re Canady
Annotate this CaseMacanthony Canady petitioned the superior court for a writ of habeas corpus seeking early parole consideration under Proposition 57. He asserted the California Department of Corrections and Rehabilitation’s (Department) regulation purporting to implement Proposition 57 was inconsistent with the Proposition. Specifically, the Department’s regulation did not consider conduct credits inmates earned while incarcerated in the calculation of inmates’ nonviolent early parole eligible dates.The trial court agreed with Canady and invalidated the Department’s regulations as contradicting the stated purposes of the Proposition. The Attorney General appealed, contending the order had to be reversed because the Department’s regulation was: consistent with the plain language of the Proposition, authorized by the broad discretion granted to it by the Proposition, and consistent with the voters’ intent in passing the Proposition. To this, the Court of Appeal agreed and reversed the trial court's order.
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