Yolo County Superior Court Judge Daniel Maguire granted a compassionate release to convicted child molester Kevin Ellis last Thursday.

Ellis, 67, was before the court after the California Department of Corrections and Rehabilitation petitioned the court for consideration of a recall and resentencing. The petition stated Ellis suffered from a serious and advanced illness with a life expectancy of less than six months meeting the criteria of a compassionate release.

According to a Yolo County press release, if the court finds the defendant meets the criteria, there is a rebuttable presumption in favor of release, unless the court finds the defendant is an unreasonable risk of danger to public safety. An unreasonable risk of danger to public safety is defined as an unreasonable risk of committing a specified violent felony often referred to as a “super strike.”

Ellis was convicted by a jury in 2013 of multiple counts of child molestation against two victims. He was also convicted of failure to register as a sex offender and two counts of furnishing marijuana to a minor under the age of 14. Ellis had a prior conviction for child molestation in 1995 involving two victims. As a result, he was sentenced to a term of 112 years and eight months to life in prison.

At a hearing held on Jan.16, the people elicited testimony from the Director of Health Care Services for the California Department of Corrections and Rehabilitation that Ellis, although wheelchair-bound, could perform daily activities. The People argued that the crimes committed by Ellis did not require him to be mobile and that his compromised mobility did not lessen any risk to public safety.

On Jan. 23, based upon the rebuttable presumption and the current state of the law, the court felt it had no discretion to deny release and found the defendant did not pose an unreasonable risk to public safety. Acknowledging the horrific nature of the defendant’s crimes, the Court cited the statute’s limitations of judicial discretion.

Despite objections from the People and the victims, Ellis was granted a release from prison. Only after the court grants the release does CDCR determine a suitable placement.

At this time it is unknown where Ellis will be living. Under the law, his previous and current child molestation convictions are violent felonies that fall within the enumerated list of crimes considered risks to public safety.