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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. (KGTV) -- A federal judge has sided with the Trump campaign's request to halt a California law that's aimed at forcing the president to release his tax returns.U.S. District Judge Morrison England Jr. said Thursday that he'll issue a formal ruling by Oct. 1.The ruling marks a major victory for Trump, who is fighting multiple Democratic-led efforts to force him to reveal the returns. California is expected to appeal.The Trump campaign and Republican parties have sued over the law requiring candidates to release their tax returns to appear on the March 2020 primary ballot.Democratic Gov. Gavin Newsom signed the law in July.Lawyers for Trump and Republicans argue that it violates the U.S. Constitution by adding an additional requirement to run for president. They also said a federal law requiring presidents to disclose financial information supersedes state law. 898
SACRAMENTO, Calif. (AP) — California lawmakers are preparing to return to work after an extended summer recess because of the coronavirus. Lawmakers return to Sacramento on Monday and have about five weeks to pass bills. Assembly Speaker Anthony Rendon said many lawmakers want Gov. Gavin Newsom to call them back for a special session to give them more time to pass tough bills. Lawmakers are considering proposals that would prevent landlords from evicting tenants unable to pay their rent during the pandemic and making COVID-19 infections eligible for workers' compensation claims. They are also weighing bills about police brutality and health care. 662
RMH Franchise Holdings, a company that operates a number of Applebee's restaurants, announced this week that customers who used credit cards at some locations may have been subject to a data breach. "Upon learning of a potential incident, RMH promptly launched an investigation and obtained the help of leading cyber security forensics firms," the company said in a statement. "Based on the experts’ investigation, RMH believes that unauthorized software placed on the point-of-sale system at certain RMH-owned and -operated Applebee’s restaurants was designed to capture payment card information and may have affected a limited number of purchases made at those locations."The company said that customers’ names, credit or debit card numbers, expiration dates and card verification codes were subject to the breach. Customers who used Applebee's tabletop payment system, or its online ordering system were not subject to the breach.RMH said that customers should closely monitor their payment card statements, and check for any unauthorized transactions. If customers notice any unauthorized transactions, they should contact their bank.RMH said that it learned of the incident on February 13, and has since contacted law enforcement. "RMH is continuing to closely monitor its systems and review its security measures to help prevent something like this from happening again," the company said. The company did not say why it waited three weeks before notifying the public. Many of the affected transactions took place from December 6 through January 2. Not every Applebee's location was affected by the data breach. For a list of affected locations, click here. 1732
SACRAMENTO, Calif. (AP) — California's Democratic governor signed a law Tuesday requiring presidential candidates to release their tax returns to appear on the state's primary ballot, a move aimed squarely at Republican President Donald Trump.But even if the law withstands a likely legal challenge, Trump could avoid the requirements by choosing not to compete in California's primary. With no credible GOP challenger at this point, he likely won't need California's delegates to win the Republican nomination.While aimed at Trump, the law also applies to candidates for governor. Newsom said California's status as one of the world's largest economies gives it "a special responsibility" to require tax returns from its prospective elected officials."These are extraordinary times and states have a legal and moral duty to do everything in their power to ensure leaders seeking the highest offices meet minimal standards, and to restore public confidence," Newsom wrote in his signing statement.The Trump campaign called the bill "unconstitutional," saying there were good reasons why California's former Democratic Gov. Jerry Brown vetoed a similar proposal last year."What's next, five years of health records?" said Tim Murtaugh, communications director for Trump's campaign.The courts will likely have the final say. The bill's author, Democratic state Sen. Mike McGuire, said lawmakers made sure the law only applies to the state's primary ballot because the state Constitution says the state Legislature does not control access to the general election ballot.Newsom's message to state lawmakers on Tuesday said the law is constitutional because "the United States Constitution grants states the authority to determine how their electors are chosen."But Murtaugh said the law violates First Amendment right of association "since California can't tell political parties which candidates their members can or cannot vote for in a primary election."While states have authority over how candidates can access the ballot, the U.S. Constitution lays out a limited set of qualifications someone needs to meet to run for president, said Rick Hasen, a professor specializing in election law at the University of California-Irvine School of Law. Those qualifications include the requirement that presidential candidates be over age 35.The U.S. Supreme court has previously stopped state efforts to add requirements on congressional candidates through ballot access rules.New York has passed a law giving congressional committees access to Trump's state tax returns. But efforts to pry loose his tax returns have floundered in other states. California's first attempt to do so failed in 2017 when then-Gov. Jerry Brown, a Democrat, vetoed the law, raising questions about its constitutionality and where it would lead next.The major Democratic 2020 contenders have already released tax returns for roughly the past decade. Trump has bucked decades of precedent by refusing to release his. Tax returns show income, charitable giving and business dealings, all of which Democratic state lawmakers say voters are entitled to know about.California's new law will require candidates to submit tax returns for the most recent five years to California's Secretary of State at least 98 days before the primary. They will then be posed online for the public to view, with certain personal information redacted.California is holding next year's primary on March 3, known as Super Tuesday because the high number of state's with nominating contests that day.Democratic Sen. Mike McGuire of Healdsburg said it would be "inconsistent" with past practice for Trump to forego the primary ballot and "ignore the most popular and vote-rich state in the nation."Republican Party of California chairwoman Jessica Millan Patterson said Newsom signing the law shows Democratic leaders in the state continue "to put partisan politics first," urging Democrats to instead join Republicans "in seeking ways to reduce the cost of living, help our schools and make our streets safer." 4061