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San Luis Obispo County, California

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 > County of San Luis Obispo > District Attorney > Early Prison Releases

Early Prison Releases

 Non-Violent Second Strikers

After a federal court ordered California to reduce prison overcrowding, a number of measures were put into place that result in early prison releases, including early parole consideration for individuals characterized as “non-violent second-strikers.” In order to qualify, inmates must not currently be serving a sentence for a crime which is legally categorized as a ‘violent felony’ and must not be required to register as sex offenders.

Starting January 1, 2015, the Department of Corrections and Rehabilitation (CDCR) began a new early parole determination process, evaluating “nonviolent second-strikers” for parole once they have served only 50 percent of their sentence or are within 12 months of having served 50 percent of their actual sentence. Upon receipt of inmate names from CDCR with a recommendation for release, the Board of Parole Hearings conducts an administrative review to determine if the inmate should be released from prison or retained for the term otherwise prescribed by law. The Board determines whether an offender would pose an unreasonable risk to public safety based on criminal history, behavior in prison, rehabilitation efforts, and written statements.

This Order, designed to alleviate prison overcrowding, was carried out beginning January 1, 2015, by CDCR, which has screened approximately 7,800 inmates statewide as of June 2016. In the first 18 months of this review process, approximately 53% of all prison inmates who were reviewed were approved for early release.  

The San Luis Obispo County District Attorney’s Office takes an active role in evaluating these cases and writes letters to the Board with an overview of the inmate’s criminal history, an opinion regarding the public safety risk posed by the inmate, and the appropriateness, or lack thereof, of an inmate’s early release.

Many of the offenders who are granted early release from prison have violent and lengthy criminal histories. The San Luis Obispo County District Attorney's Office feels it is important for the public to be aware of the so-called nonviolent offenders being released early from prison into our neighborhoods.

This webpage was created to provide the names and criminal overview of the offenders who have been released early despite our opposition.  This list will be updated on a regular basis.

  

09-02-16
Basilio Hernandez was prosecuted  in 2013 for trying to break into a home in Paso Robles. The homeowner caught him attempting to break in and gave chase. When he caught up with him, Hernandez assaulted and injured the homeowner, who knew him from a prior burglary in 2011 at the same man's house. Over our objection, Hernandez is being released early.   Opposition Letter    CDCR Decision  
08-09-16 
Derek Fletcher was sent to prison in April 2015 for a felony DUI. He has a total of seven DUI convictions since 1985. His "strike" offense is for assaulting his former girlfriend with a gun, a case he pled guilty to in 2001. His sentence in 2015 was for four years at 80%, but he is being released early over objection. Opposition Letter   CDCR Decision
03-24-16
Shane Anthony Madison has been convicted of forcible robbery, residential burglary, possession of an illegal weapon, and twice has escaped from jail (in 1993 and 1998). He was convicted in 2008 of several counts of theft, including stolen credit cards, use of fraudulent cards, and grand theft of $1,600. He was sentenced to approximately 12 years in prison because of his strike prior for robbery. One strike was dismissed by the court.  He has a long term drug addiction problem and is affiliated with a white supremacist street gang. He was released early from his 2008 sentence, after serving 50%, over our objection, and is now being supervised on probation in San Luis Obispo. Opposition Letter  CDCR Decision
02-05-16
Matthew John Munoz was convicted of burglary in January 2014 in San Luis Obispo and sentenced to four years.  He had two violent prior strike convictions here, one for battery with serious bodily injury and one for witness intimidation with force. Over our objection, he was released early after serving 50% of his sentence, and was paroled in February 2016. Within a week of release, he was arrested on new felony charges in Santa Barbara, including forcible robbery. He was convicted and sentenced to six years state prison on those charges in June 2016. Opposition Letter  
10-25-15
Phillip Hartman was convicted in San Luis Obispo for selling drugs in 2013. Before that, he was convicted in Ventura County of strangling a woman (who survived) and threatening her not to report the crime. That was his “ strike” offense. He also had a prior arson conviction in the State of Idaho. Despite the 2015 objection by the District Attorney’s office, Hartman was released early by CDCR, to be on PRCS in San Luis Obispo.  Opposition Letter  CDCR Decision
09-25-15
Johnny Angel Lopez was convicted of felony assault in 2011, in a case where he was also charged with carjacking. The carjacking was dismissed pursuant to a plea bargain. His strike prior was in Santa Barbara where he committed a robbery at knifepoint. He is a documented gang member affiliated with the “Guadalupe 13”. He was released early before serving 80% of his time, and is on parole in Santa Barbara County. After remaining at large for several weeks, Mr. Lopez was arrested in San Luis Obispo County in possession of drugs and ammunition. He was recently convicted of new charges. Opposition Letter CDCR Decision
04-30-15
Brian Pinon was convicted of burglary and credit card counterfeiting and was sentenced in 2012 to six years at 80%. His strike prior was for residential burglary. He was on parole when the crime was committed. He was found guilty of several serious rules violations while in prison, and despite opposition to his early release, it was granted by CDCR.  Pinon was being supervised by probation in San Bernardino, but was at large with a warrant for his arrest when he was arrested  in Los Angeles County on new felony charges of auto theft.  He was recently returned to prison for 5 years after pleading guilty to two felonies in Los Angeles. Opposition Letter  CDCR Decision