August 23, 2011) - Assemblyman Jim Nielsen (R-Gerber) this morning joined Crime Victims United of California at the State Capitol to call on the Governor and the California Board of Parole Hearings to immediately take the necessary actions to return to custody dozens of inmates - mostly murderers - who were wrongly released under a decision by the Ninth Circuit court in 2010.
"These particularly dangerous individuals were wrongly released onto our streets," said Nielsen. "These individuals were found unsuitable for release by the Parole Board because they remained a threat of danger to society."
"I would strongly urge the Governor to issue an immediate order to the Parole Board that they take action to rescind these releases and return the inmates to custody per board procedures and as per Supreme Court decision," said Nielsen. "Justice and public safety demand no less."
The early release was initially ordered by the Ninth Circuit Court of Appeal after reviewing the inmate cases which were not granted release by Parole Board, the state courts and the governor. The court's decision was, however, overturned by the Supreme Court of the United States as of January 24, 2011.
The Supreme Court concluded that the Ninth Circuit's questionable finding that there was no evidence in the record supporting the parole denials is irrelevant unless there is a federal right at stake, as the law requires and that the responsibility for assuring that the constitutionally adequate procedures governing California's parole system are properly applied rests with California courts.
"The adventuresome Ninth Circuit Court of Appeals ordered their release, disregarding the board, the governor and state courts, and in doing so has placed the public in danger," said Nielsen.
Crime Victims United of California is the only organization of its kind - using education, legislative advocacy and political action to enhance public safety and crime-reduction measures and strengthen the rights of crime victims.