Thursday, December 18, 2008

Prop 9 Comes to Life, But Perhaps Not Entirely

In the wake of the elections, the CDCR is in the process of implementing Prop 9, which we paid some attention to here and

Prop 9 has a new webpage, detailing some of its provisions.

One of the interesting bits reported by the CDCR is as follows:

Proposition 9 also changed timelines and procedures for parole revocation hearings. However, on December 5, Judge Lawrence K. Karlton with the U.S. District Court, Eastern District of California, ordered those portions not be implemented in response to a motion filed by plaintiffs in the Valdivia v. Schwarzenegger class action lawsuit, which had previously challenged the constitutionality of parole revocation proceedings. A hearing on the motion is scheduled for March 9, 2009.

In an earlier post, I raised the question whether Prop 9 violated the single-subject rule, by addressing both victim participation and parole timelines. This argument, as a doctrinal argument, doesn't carry a lot of weight; as Mike Gilbert explains in a phenomenal new piece, the tests used by judges to examine single-subject rule issues are skewed against striking down propositions. However, it seems that the bit that doesn't fit, the punitive bit that relates, if at all, to a narrow and punitive aspect of victims' interests, is the one that is at question. I suggest we stay tuned.

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