The California Supreme Court has granted review of the appellate court decision, People v. Tirey, which increased slightly the number of registered citizens eligible to apply for a certificate of rehabilitation. The appellate court’s decision did not, however, change the criteria for who could be granted a certificate.
The appellate court decision was issued in November 15, 2013, and was based upon the equal protection clause of the constitution. Because the Supreme Court has granted review, the holding in the Tirey case cannot be used as precedent until that court render its decision.
“A decision from the California Supreme Court is not expected soon, ” stated CA RSOL president Janice Bellucci. “In the meantime, there is an additional threat to the case in the form of a bill pending in the California legislature.”
That bill is Assembly Bill 1438, which if passed by both the Assembly and the Senate and signed by the Governor would reverse the appellate court decision. The Assembly passed the bill on April 24 and sent it to the California Senate where the Senate Appropriations Committee is scheduled to consider the bill on June 30.
“It is unfortunate that this bill is being considered during an election year,” stated Bellucci. “During an election year, elected officials are more likely to react from emotion and ignore the facts such as the rate of re-offense for registered citizens on parole is only 1.8 percent.”