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CA: Lawsuit Challenges New Prop. 57 Regulations

A lawsuit has been filed challenging new regulations issued by the CA Department of Corrections and Rehabilitation (CDCR) that implement Proposition 57. The lawsuit was filed in Sacramento Superior Court on June 25.

“In its new regulations, CDCR repeated its original mistake of excluding everyone convicted of a sex offense from the benefits of Proposition 57,” stated ACSOL Executive Director Janice Bellucci. “As recognized by the Court in our first lawsuit, the agency lacks authority to change the public’s decision to provide the benefits of Proposition 57 to everyone convicted of a non-violent felony.”

The first lawsuit was filed in the same court on April 27, 2017. The Court ruled in favor of the plaintiffs on March 5, 2018, and granted plaintiffs’ request for a writ of mandate which required CDCR to modify its original regulations. CDCR subsequently filed a notice of appeal in that case on May 4, 2018.

“We will continue our efforts to protect the rights of individuals convicted of a sex offense who are currently incarcerated,” stated ACSOL President Chance Oberstein. “We cannot and will not allow CDCR to defeat the will of the people.”

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GLAD Janice is in our corner! SO’s would be so disadvantaged in society without her team. Society and Law Enforcement hate us. I just annually SO registered..and the officer taking my picture said I did NOT register last year. I debated her that I had, but could not recall the officer’s name whom I trusted my info with. Following a review of my file, she said there was NO record…but that she would update it today so I would not be in trouble. Moral: DO NOT TRUST POLICE, THEY DESPISE S.O.’S and prefer to initiate hardships.

Thank you, Janice and team! For always standing up for our citizens on the registry.

Does this mean CDCR can just keep playing this cat and mouse game for eternity?

Hi. Thanks for your valuable work.
Can you provide the case number for this latest suit? I have a loved one who of incarcerated and would like to be able to track and/or obtain a copy of what you submitted. Thanks again!

What does this mean for SO that are currently incarcerate? Are the credits granted under prop 57 still being granted?

There is an article, or more of an opinion piece, on this issue over at Townhall.com, a far right site.

Judge’s Ruling May Give Roughly 10,000 Sex Offenders Early Parole

https://townhall.com/notebook/bethbaumann/2018/02/10/judges-ruling-may-give-roughly-20-000-sex-offenders-early-parole-n2447322

Since CDCR announced on KTVU that they are not going to challenge the CA Court of Appeals ruling in In re Edwards wouldn’t that make our current suit moot? After all they’re admitting that under Prop. 57 all nonviolent offenders including 3rd strikers are entitled to the nonviolent parole process. And the court ruled they can’t exclude former see offenders will this finally get our loved ones out?

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