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California

CA: New CDCR Regulations Deny Prop. 57 Benefits to Registrants

[ACSOL 5/4/18]

The California Department of Corrections and Rehabilitation (CDCR) has issued new regulations that continue to deny the benefits of Proposition 57 to registrants. The new regulations are dated May 1, but were not publicly available until today.

“The new CDCR regulations are inconsistent with a court order issued earlier this year,” stated ACSOL Executive Director Janice Bellucci. “The court in that case clearly ruled that CDCR cannot exclude all registrants from the benefits of Proposition 57.”

In its newly issued regulations, CDCR specifically prohibits “inmates convicted of a sexual offense that currently require, or will require, registration as a sex offender” from the benefits of Prop. 57 including early consideration for parole. CDCR states that public safety is the reason for this prohibition, however the court’s order stated that CDCR’s prior regulations, which included the same prohibition, are “not necessary to public safety”.

The court order also determined earlier this year that CDCR’s regulations did not reflect the voters’ directive when they passed Prop. 57 because the proposition did not exclude registrants from its benefits. Further, the court stated that CDCR based its exclusion of registrants based “on recidivism rates” instead of upon the language of the ballot proposition.

“Because CDCR has chosen to defy a court’s order as well as the Constitution, a new lawsuit is necessary in order to protect the rights of registrants and their families,” stated Bellucci.

CA Proposition 57 – Order – Final – March 2018

CA Proposition 57 – Regulations – May 2018

Join the discussion

  1. J

    Let’s get em J!! Looks to me like CDCR beleives they can do what they want when they want. I don’t mind showing them different. Looks like the only problem with recidivism in this case is with the CDCR!!

  2. David

    CDCR: “Your honor, we apologize. Apparently, there was a misunderstanding – on your part. It is, indeed, recidivism rates that concern us. With those individuals convicted of other sorts of crimes, there is a good chance of them coming back into our prisons and, thereby, bringing us more government dollars to finance their stays and line our CDCR pockets. But with these registrants, their recidivism rates are much too low. We can’t count on them coming back into the system. So when they initially come into the system, we need to make certain that we keep them as long as possible in order reap every possible government dollar. It’s as simple as that, your Honor.”

  3. The Static-99R Is A Scam

    Unbelievable.

    This just further proves that CDCR will do *anything* to prop its lies. CDCR is perhaps the most corrupt of government institutions.

  4. Gwen

    Unfathomable.

  5. totally against public registry

    Yes, Janice, please take them back to court and make them obey the laws of this state.

    Thanks for your hard work

  6. bob

    I hope Janet can rake in the CASH from this evil fake organization CDCR needs to be done away with overbloted 85% FAKE JOBS (PAROLE)!!! Yes you PAROLE IN SAN DIEGO !!!! All part of the evil machine ! To bad im not paying a RED Cent of my 12k restitution ! NO MONEY FROM ME !!!!

    • The Static-99R Is A Scam

      I can attest to the corruption in CDCR. In this case, I certainly hope that Janice is able to sue and recover tons of $$$ for her legal services. CDCR gets away with so much, it would be unbelievable to most. They *do* plant evidence (as I’ve seen it with my bare eyes); they do manufacture “statistics;” they are in cahoots with private industry that profit off the prison industrial system; and they are in conflict-of-interest in so many instances. CDCR never gets called out on the TONS of illegal and unconstitutional sh*t that they do.

      Again, CDCR is absolutely corrupt. Most people would not believe (or choose to ignore) the blatant corruption that CDCR gets immunity from. Yuck.

  7. EC

    Thank you Janice.

  8. American Detained in America

    I was at a grocery store yesterday and the people with the petitions were in front convincing everyone that came by to sign them to get this made into law.

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