Jun. 15, 2022 – Statement Dissenting From Order Denying Review – In re Flores (S273785, C089974)

The CDCR’s regulations for early parole consideration under Prop 57 provide for only a “paper review” process, with no right to an in-person hearing. The trial court granted a habeas petition challenging this practice, and the Court of Appeal reversed. In a statement dissenting from the order denying review, Justice Liu explains why he is “doubtful” the paper review process satisfies due process and encourages the Legislature to “consider ways to increase the accuracy and reliability of Prop 57 parole determinations.”