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SACRAMENTO, Calif. (AP) — California will reconsider life sentences for up to 4,000 nonviolent third-strike criminals by allowing them to seek parole under a ballot measure approved by voters two years ago, according to court documents obtained by The Associated Press on Thursday.The state will craft new regulations by January to include the repeat offenders in early release provisions. Gov. Jerry Brown also will not appeal a court ruling that the state is illegally excluding the nonviolent career criminals from parole under the 2016 ballot measure he championed to reduce the prison population and encourage rehabilitation.The state parole board estimates between 3,000 and 4,000 nonviolent third-strikers could be affected, said corrections department spokeswoman Vicky Waters, "but they would have to go through rigorous public safety screenings and a parole board hearing before any decision is made."RELATED: Ex-con, called poster?child for three-strikes law, sentenced to life in prisonIt's the second such loss for the Democratic governor, who leaves office days after the new rules are due. Another judge ruled in February that the state must consider earlier parole for potentially thousands of sex offenders. The administration is fighting that ruling, which undercuts repeated promises that Brown made to voters to exclude sex offenders from earlier release.Prosecutors are not surprised and warned throughout the Prop. 57 campaign that nonviolent third-strikers would unintentionally fall under the measure's constitutional amendment, said California District Attorneys Association spokeswoman Jennifer Jacobs."We expect the same exact thing to happen with regard to sex offenders," she said. "To fix this they're going to have to go back to the people for a vote, which can't even happen for another two years."RELATED: How some states are reducing the prison populationBrown will not appeal last month's ruling by a three-judge appellate panel in the Second Appellate District in a Los Angeles County case that third-strikers must be included under Proposition 57's constitutional amendment. It requires parole consideration for "any person convicted of a nonviolent felony offense" regardless of enhancements under California's three strikes law."There is no question that the voters who approved Proposition 57 intended (inmates) serving Three Strikes indeterminate sentences to be eligible for early parole consideration," the appeals court ruled, adding that, "There is strong evidence the voters who approved Proposition 57 sought to provide relief to nonviolent offenders."Administration lawyers said in a filing in a separate related case that the state "is not seeking review" of the appeals court decision and "is in the process of drafting new emergency regulations in compliance" with the decision by Jan. 5.RELATED: Kim Kardashian makes trip to the White House in the name of criminal justice reformMichael Romano, director of the Stanford Three Strikes Project, called the administration's decision to comply "a big deal, a huge deal."Clients potentially affected by the new decision include inmates serving life terms for stealing a bicycle, possessing less than half a gram of methamphetamine, stealing two bottles of liquor or shoplifting shampoo, he said."It's a monumental decision. It's one of the biggest decisions on sentencing policy in the Brown administration," said Romano, whose project represented third-strike inmates in several appeals.The ruling doesn't guarantee any of the offenders will get out of jail. But it allows them to go before the parole board. Romano estimates 4,000 people will be eligible for parole.Nonviolent third-strikers are disproportionately black, disproportionately mentally ill and statistically among the least likely to commit additional crimes, said Romano, who has studied the issue.He cited corrections department data on more than 2,200 nonviolent, non-serious third strikers who were paroled under a 2012 ballot measure that allowed most inmates serving life terms for relatively minor third strikes to ask courts for shorter terms. Less than 11 percent returned to prison by October 2016, the latest data available, he said, compared to nearly 45 percent for other prisoners. 4266

SACRAMENTO, Calif. (AP) — California Gov. Gavin Newsom nominated the first openly gay Black man to the state Supreme Court.Newsom nominated Martin Jenkins to the court on Monday. The 66-year-old would be the third Black person to serve on the court if he is confirmed by the Commission on Judicial Appointments.Jenkins would replace Justice Ming W. Chin, who retired at the end of August.Jenkins is a former federal civil rights attorney who prosecuted cross burnings and police misconduct cases under President Ronald Reagan.He was appointed by Republicans and Democrats to four different judgeships. 609

Rosie Raabe is an artist, a pet mom, a plant mom and a part of the cystic fibrosis community. She was diagnosed at three years old.“I wear a mask because if certain particles of bacteria and stuff get into my lungs, it will settle in there and it will cause endless lung infections,” Raabe said.According to the Cystic Fibrosis Foundation, cystic fibrosis is a progressive, genetic disease that causes persistent lung infections and limits the ability to breath over time.“A lot of people think of it as just a lung disease, but actually all your organs are involved. Especially for me, it is digestive,” Raabe said.Just two and a half years ago, Raabe underwent a liver transplant donated by her brother."I’m not crying in the video because I’m trying so hard not to, but it is the most terrifying thing to choose to go through something like that. And actually, at the end of that video I’m like, 'can I bring my mask?'”Masks have been an everyday part of Raabe’s life. So when she hears there are people who refuse to wear a mask during this pandemic, Raabe says she feels shocked, frustrated and upset somebody would be willing to risk the safety of someone’s life.“I just feel like it’s really inhuman to be so selfish.”She says a virus like the one that causes COVID-19 would have devastating effects on her.“I can’t even imagine what it would do to me, especially me. Because I’m on immuno-suppression for my liver transplant," Raabe said. "So having cystic fibrosis alone is scary enough to get something like this virus – I mean my lungs aren’t in tip-top shape – but on top of that, having immune-suppression, I’m even more susceptible.”Studies have increasingly shown that masks play a large role in preventing illness. Dr. Chris Nyquist is the Medical Director of Infection Prevention and Control at Children’s Hospital Colorado. Whether somebody has cancer, leukemia or in Raabe’s case, cystic fibrosis, Dr. Nyquist says wearing a face covering can make the difference between life and death for people with fragile immune systems.“The biggest benefit for people wearing cloth-face coverings in public is it actually captures the droplets and spittle that comes out of your mouth and keeps it from landing on someone else and prevents infection," Dr. Nyquist said. "And if you have two people who are both wearing cloth face coverings, that’s a great way to stop the spread of germs.”If you’re thinking, you're not sick, so why would you need to wear a mask? Well, doctors say you could still be spreading the virus without even realizing it.“We recognize that more and more people are without symptoms who are infected with COVID-19 and the CDC will give you numbers of up to 40% of people are asymptomatic. So they have the virus in their secretions, in their nasal secretions and in their mouth, and no symptoms. And they’re like ‘I’m clean, I’m free, I’m not sick.’ But that’s exactly the kind of person who really needs to be wearing that cloth face covering so they don’t unknowingly transmit to people,” Dr. Nyquist said.Raabe says she’s heard people say they choose not to wear a mask right now because it’s hard to breath with it on. However, in her experience, it’s still possible to breath with a mask on, even at 30% lung function.“Most people have above 100% lung function, and I had 30%, and I still wore that mask every time I was in public. So it’s just crazy to me that people are saying it’s so hard to breathe – 'I can’t breathe' – I’m like, ‘you probably have 100, maybe 90 or 80% lung function. Like you can breathe,’" Raabe said.Dr. Nyquist says she hopes more people will willingly choose to wear a mask as a part of the social contract to love and care for one another.“It isn’t politics to wear a face mask. It’s really common love of humanity, and it’s what we’re supposed to do for one another,” Dr. Nyquist said.“I have to wear one for the rest of my life, you have to wear one for a few months. I just feel like if you could save so many people’s lives, why wouldn’t you do it?” Raabe said. 4040

SACRAMENTO, Calif. (AP) — A rookie Sacramento police officer was shot during a domestic violence call and lay wounded for about 45 minutes as the gunman kept officers at bay with bursts of fire, authorities said Thursday. She was finally rescued with an armored vehicle but died at a hospital."We are devastated," Deputy Chief Dave Peletta said. "There are no words to convey the depth of sadness we feel or how heartbroken we are for the family of our young, brave officer."Officer Tara O'Sullivan, 26, was shot Wednesday evening while helping a woman collect her belongings to leave her home. As officers swarmed the area, the gunman continued firing in a standoff that lasted about eight hours before he surrendered.Stephen Nasta, a professor at the John Jay College of Criminal Justice and a former inspector with the New York Police Department, said taking 45 minutes to reach a wounded officer is "unacceptable."If officers couldn't immediately get an armored police vehicle to the scene, he said, they should have commandeered an armored bank vehicle, bus or heavy construction equipment."If there's somebody shot, lying on the ground, you have to do everything you can," Nasta said.If no such vehicle was available, he said he would expect police to use a diversionary tactic such as firing at the home, setting off smoke grenades or breaking a door or window in another part of the home to distract the gunman as other officers rescued the wounded comrade. Police said five other officers fired their weapons during the incident.Police identified the suspect as Adel Sambrano Ramos, 45, of Sacramento.His younger brother, Orlando Ramos, told The Associated Press that Adel Ramos is estranged from his family and has a long record that includes convictions for driving under the influence, drug use and domestic violence."It's the drugs, it's always been the drugs," Orlando Ramos said. "If he goes to prison for the rest of his life, I could care less."I'm a lot more heartbroken for seeing the pain in my mother and for the police officer and her family than I am for him going to prison," he said.He said he was sorry the shooting occurred and sent his condolences to the officer's family.O'Sullivan graduated from the police academy in December and was working with a training officer. She was expected to be on her own in a couple of weeks, Peletta said.She and other officers arrived at the home at 5:41 p.m. A half-hour later the first shots were fired, and O'Sullivan was hit, authorities said. The gunman continued firing a rifle-type weapon. At 6:54 p.m., additional officers responded with an armored vehicle to rescue O'Sullivan."Our officers maintained cover in safe positions until we were able to get an armored vehicle in the area," Sgt. Vance Chandler said.Five minutes later, O'Sullivan was taken to UC Davis Medical Center, where she died.The woman she was helping was not hurt. Orlando Ramos said she was Adel Ramos' girlfriend.O'Sullivan grew up in the San Francisco Bay Area and graduated last year from Sacramento State University with a degree in child development.Mayor Darrell Steinberg said on Facebook that O'Sullivan was in the first graduating class of a groundbreaking program at Sacramento State that "emphasizes the importance of inclusion and cultural competence for future law enforcement leaders — of which Tara undoubtedly would have been."___Rodriguez reported from San Francisco. Associated Press writer Stefanie Dazio in Los Angeles contributed to this story. 3515

SACRAMENTO, Calif. (AP) -- California leaders are considering making voting by mail a permanent option for all registered voters.This year, the state required county elections officials to mail a ballot to all registered voters ahead of the election, for an extra cost of about million. The goal was to have fewer people vote in person because of the coronavirus.Nearly 60% of registered voters cast ballots before Election Day. Now, the state's Democratic leaders are considering making it a permanent option.Senate President Pro Tem Toni Atkins and Assembly Speaker Anthony Rendon have endorsed the idea. Lawmakers would have to figure out how to pay for it. 672