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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 has tested negative for the coronavirus. The governor's office said Newsom was tested on Wednesday after someone in the governor's office tested positive. The staff member who tested positive had not interacted with Newsom or anyone else who often sees the governor. The governor's office said Newsom took the test out of “an abundance of caution.” Newsom said Wednesday that he has been tested many times and has always been negative.California has reported more than 834,000 coronavirus cases and more than 16,300 deaths. 586

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

SACRAMENTO, Calif. — A peaceful protest in a sleepy suburb that’s home to the head of the California National Guard was among four demonstrations monitored by National Guard spy planes, according to the Los Angeles Times.The four planes took to the skies over cities in June to monitor protests following the killing of George Floyd. Three watched demonstrations in Minneapolis, Phoenix and Washington, D.C. But the target of the fourth was the affluent Sacramento, California suburb of El Dorado Hills.Authorities have not explained how and why that neighborhood was chosen when other cities that had seen property destruction and street clashes — like Los Angeles, Oakland and Long Beach — were not. El Dorado Hills only saw peaceful protest during the summer unrest.The Times says that state records show that the El Dorado County Sheriff's Office requested the use of the plane, and the National Guard also sent a Lakota helicopter to the area.The Times reports that Maj. Gen. David S. Baldwin, the head of the California National Guard, lives in El Dorado Hills. Baldwin told the Times that the agency's decision to send a plane had "nothing to do" with the fact that he lived in the area.“The use of the RC-26 to meet the sheriff’s request for aerial support to provide situational awareness for law enforcement is concerning and should not have happened,” a spokesperson for California Gov. Gavin Newsom said. “It was an operational decision made without the approval — let alone awareness — of the governor. After the incident, operational policies and protocols were reaffirmed and strengthened to ensure RC-26 aircraft are not used for these incidents again.” 1677

SACRAMENTO, Calif. (AP) -- Sodas and energy drinks in California could soon come with a warning about increased risks for diabetes and tooth decay under a bill that has narrowly cleared the state Senate.The Senate voted 21-11 on Thursday to require warning labels on sugar-sweetened drinks that contain 75 calories or more per 12 fluid ounces. The label would be on the front of the container, in bold type and separate from all other information.The bill passed despite significant opposition from the beverage industry. Records show the American Beverage Association spent more than 3,000 since January lobbying against the bill and others.Other proposals that would have taxed soda and banned "Big Gulp" style drinks were shelved earlier this year.Bill author Sen. Bill Monning says the measure would protect children's health. 841