Harris was able to secure his release with the help of Assembly Bill 600, which grants inmates the opportunity to petition a judge for a reduced sentence.
The NAACP in San Jose is advocating for the immediate release of a man who is currently being held in Santa Clara County Jail.
Last week, a judge decided to release Carlos Harris from prison, acknowledging that he had already served an adequate amount of time behind bars. The judge reduced his sentence by five years, allowing him to be set free.
Harris spent two decades behind bars after being convicted of robbery and attempted murder.
Harris continues to be held in custody, even though he was supposed to be released several days ago.
Harris informed KTVU last week through a phone call that he was still incarcerated.
“I’m at a loss for what to do,” he expressed, his voice filled with uncertainty. “I have no idea when I’ll be released.”
Aisha Hampton, his cousin, is incredibly upset.
“We strongly believe that he is currently being unlawfully detained,” she expressed. “He was supposed to be back home last Thursday.”
As per a county representative, the California Department of Corrections and Rehabilitation is still in the process of finalizing Harris’ release, which needs to be completed before the county can proceed with his release.
According to the Santa Clara sheriff, Harris remains in custody due to the CDCR hold.
“At 11:15 a.m. on Friday, the Sheriff’s Office received information that the California Department of Corrections and Rehabilitation (CDCR) was responsible for processing Mr. Harris for release as he was technically under CDCR custody at the Santa Clara County Main Jail,” stated a spokesman from the sheriff’s office in an email to KTVU. “However, at 11:30 a.m., it was concluded that the Sheriff’s Office could not release him from jail without the CDCR dropping its hold.”
The Sheriff’s Office requested a judge to modify the court order and circumvent the CDCR in order to accelerate Harris’ release.
The sheriff’s department stated that despite their proactive efforts to speed up the process, Judge Williams informed all parties during the hearing last Thursday that delays in the release due to CDCR processing were unavoidable. However, they insisted that Mr. Harris should continue to be housed at the county jail during this period instead of being returned to CDCR.
According to the sheriff, Harris is required to stay in custody unless there is a court order, conditional release, or permitted release from the CDCR.