Is section 1170.18, subdivision (c) of the California Criminal Code an "unreasonable risk of danger to public safety" in relation to violent felonies?

California, United States of America


The following excerpt is from People v. James, H041022 (Cal. App. 2017):

But unlike section 1170.126, section 1170.18 contains a specific, very narrow definition of "unreasonable risk of danger to public safety." Section 1170.18, subdivision (c), states: "As used throughout this Code, 'unreasonable risk of danger to public safety' means an unreasonable risk that the petitioner will commit a new violent felony within the meaning of clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667." The felonies listed in that provision are sometimes referred to as "super strikes" (People v. Hoffman (2015) 241 Cal.App.4th 1304, 1310), and the list includes, for example, any homicide offense, certain sex crimes, possession of a weapon of mass destruction, and serious or violent felonies punishable by death or life imprisonment.5

Page 20

B. Definition of "Unreasonable Risk of Danger to Public Safety" Inapplicable

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