Democrats Got Tough on Crime. Now There’s a Crisis of Aging Behind Bars.

Rita De Anda has spent decades in prison waiting for a chance at parole. Two years ago, when the then-56-year-old learned it might come about a decade earlier than she expected, De Anda was overjoyed. “I’m going home!” she thought.

Several years earlier, in 2014, a federal court had ruled that California prisoners age 60 and older who’d served at least 25 years of their sentence must immediately become eligible for parole. The ruling flowed from a class-action lawsuit charging that extreme overcrowding in the state’s prisons prevented the facilities from providing adequate medical and mental health care, resulting in “needless suffering and death.” Six years later, in 2020, legislators expanded the eligibility for “elder parole” in California to people 50 and older who had served at least 20 years. De Anda believed she would qualify.

Until then, she had resigned herself to the possibility of living out the rest of her life behind bars, far from her family. In 1998, De Anda, then 33, was convicted of fatally stabbing her boyfriend the previous year. The two had met while De Anda was in county jail serving a one-year sentence for residential burglary. While the jail separated men and women, they could see each other through a chain-link fence when they were in the yard. Donald Peterson was finishing his own sentence for theft. When De Anda was released, she moved in with Peterson at his brother’s house.

Peterson began behaving jealously, demanding to know her whereabouts at all times. During an argument, she said, he threw her to the ground but then quickly apologized. In another altercation, he beat her, slamming her head into a door. She left, planning to return the next morning to retrieve her belongings after Peterson had gone to work. A friend, concerned that Peterson would attack her again, gave her a knife to protect herself.

The next morning, De Anda confronted Peterson about his violence. Peterson poured his coffee on her and hit her, she said. They continued to fight outside the house. De Anda said that she managed to get back to the car she had borrowed. When Peterson followed, she pulled out the knife, stabbed him, and then fled.

Police arrested her later that day. That was when she learned that she had killed him.

Under California law, De Anda’s conviction once would have carried a sentence of 15 years to life. But in 1994, California had passed its Three Strikes law, which required the judge to hand out a much harsher sentence.


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