He’s not innocent. He is a repeat offender. And he will almost certainly victimize another innocent person. This isn’t about “beyond a reasonable doubt” - we are well past that. It’s about sentencing based on historical record, to keep the public safe. Think of it as being similar to a sentence that is longer but with the possibility of early release. This just has a default of earlier release, if there is evidence that there wouldn’t be danger to others.