The California Supreme Court has denied review of a case thereby relieving some registered citizens from the duty to participate in a state-mandated sex offender management program. Specifically, as a result of the Supreme Court’s denial, registered citizens currently on probation whose sex offense occurred prior to September 10, 2010, are not required to complete a sex offender management program mandated by Penal Code Section 1203.067(b).
The Supreme Court’s decision lets stand the decision of the Court of Appeal in the case People v. Douglas M. which was decided on October 24, 2013. The case was appealed shortly thereafter.
“This is an important decision for registrants whose offenses occurred prior to September 10, 2010,” stated CA RSOL President Janice Bellucci. “No longer will they be required to participate in an expensive and intrusive program.”
The Supreme Court’s decision was issued on January 21, 2014. The citation for the Court of Appeal decision is 220 Cal.App.4th 1068 and a link to that decision can be found below.
Published Case:
http://www.courts.ca.gov/opinions/archive/A136993.PDF (updated link)
http://www.courts.ca.gov/opinions/archive/A136993.PDF (updated link)
Another one bites the dust thanks to Janice and California RSOL!
Thanks Janice, a little more hope for us all each day because of you. When we are finally able to get job’s again, we will be able to donate more to this cause and all your efforts.
What is good for probationers is generally also good for parolees. (People v. Lent (1975) 15 Cal.3d 481, 486, fn. omitted, 124 Cal.Rptr. 905, 541 P.2d 545.) FN5 FN5. The Lent case concerned conditions of probation. As the court in Stevens noted, “[t]he criteria for assessing the constitutionality of conditions of probation also applies to conditions of parole.” (Stevens, supra, 119 Cal.App.4th 1228, 1233, 15 Cal.Rptr.3d 168.)”)
Gentleman start filing your writ to insure that this also applies to parolees!
How to I go about filing a writ. I was convicted 10/4/2007. The way I read the new law in acted is I would not have to have my conditions modified. I have been out on parole since 7/1/10 with no violations and now with 140 days left. I was told to go to treatment even though I had less than one year I didn’t even meet the requirements. I have read that since the new law is non-retro active as I see and read it. How do I find and get a hold of the decision and who do I present it to parole or the treatment program or with the courts with a writ. Is there a template available. Any help would be appreciated.