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.