In what circumstances will the court refuse to apply the term "unreasonable risk of danger to public safety" in the Penal Code?

In addition, we strive to give effect to all the words in a statute, avoiding surplusage whenever possible. (See City and County of San Francisco v. Farrell (1982) 32 Cal.3d 47, 54, 184 Cal.Rptr. 713, 648 P.2d 935 ["In construing the words of a statute or constitutional provision to discern its purpose, the provisions should be read together; an interpretation which would render terms surplusage should be avoided, and every word should be given some significance, leaving no part useless or devoid of meaning"].) The term "unreasonable risk of danger to public safety" appears in only one other provision in the entire Penal Code section 1170.126, Proposition 36's analogous resentencing section. Hence, a refusal to apply section 1170.18's definition "throughout this Code" reduces that phrase to an inoperative appendage.

We may decline to give full effect to the ordinary meaning of a statute's language in certain circumstances. None of those circumstances is present in this case. For example, we have found judicial correction of language appropriate in instances of drafting error, where it has "appear[ed] clear that a word has been erroneously used." ( People v. Skinner (1985) 39 Cal.3d 765, 775, 217 Cal.Rptr. 685, 704 P.2d 752 ; see id. at pp. 775779, 217 Cal.Rptr. 685, 704 P.2d 752 [construing statutory provision's use of the word "and" instead of "or" to be inadvertent].) But the court carefully refrains from asserting that a drafting error occurred in Proposition 47. Indeed, it acknowledges that at least one of

[3 Cal.5th 411]