A Superior Court judge has denied the demurrer filed by the CA Dept. of Corrections and Rehabilitation (CDCR) and canceled the hearing on that topic which was scheduled for October 27, 2017. In addition, the judge scheduled a hearing on the merits of the case for February 9, 2018.
“Because the judge did not grant CDCR’s demurrer, we will have the opportunity early next year to present legal arguments regarding how and why CDCR’s emergency regulations implementing Proposition 57 are both invalid and unconstitutional,” stated ACSOL Executive Director Janice Bellucci. “The public is encouraged to attend that hearing.”
The new hearing is scheduled to be held on Friday, February 9, 2018, in Sacramento Superior Court, 720 9th Street, Dept. 44 before Judge Christopher Krueger beginning at 10:30 a.m.
At issue in the case is whether CDCR can lawfully exclude individuals convicted of a sex offense from the potential benefits of Prop. 57 which could shorten an individual’s time in prison. The language of Prop. 57, which the public passed in November 2016, states clearly that anyone convicted of a non-violent offense is eligible for those benefits and does not provide an exception for those convicted of a sex offense.
State law identifies a total of 23 felonies as violent. Of that total, only 9 felonies are also sex offenses.
“There are many sex offenses that state law does not categorize as violent,” stated Bellucci. “These offenses include public indecency due to public urination and teens possessing photos of nude teens.”
According to verified reports, individuals convicted of a sex offense decades ago are being denied the benefits of Prop. 57 despite the fact that they are currently incarcerated for a non-sex offense such as armed robbery or possession of drugs.