In re HaynesAnnotate this Case
After being informed he was not eligible for early parole consideration, Luther Haynes filed a petition for habeas corpus, alleging he was unlawfully precluded from Proposition 57 parole consideration because of his status as a sex offender registrant. Haynes was required to register as a sex offender due to: (1) two prior felony convictions for sex offenses committed in the 1980’s; and (2) a felony conviction for annoying or molesting a child, for which he presently was serving an indeterminate third strike sentence. The trial court granted the habeas petition, and the California Department of Corrections and Rehabilitation (CDCR) appealed. Whether the CDCR may exclude from Proposition 57 parole consideration otherwise eligible inmates, who have prior convictions requiring sex offender registration, was under review by the California Supreme Court. The Court of Appeal concluded that based on the language of article I, section 32 of the California Constitution, Proposition 57 parole consideration had to be based on Haynes' current offense, not past convictions. Haynes did not show the challenged regulations were unconstitutional as applied to an offender whose sole current offense was a Penal Code section 647.6 conviction. The Court declined to resolve the broader issue of whether the CDCR could categorically exclude from eligibility for early parole consideration of all inmates currently serving sentences of having prior convictions for any offense requiring sex offender registration "because there are unquestionably violent crimes which require sex offender registration." The Court reversed the trial court's order granting Haynes' habeas petition.