The California Department of Corrections and Rehabilitation (CDCR) will request review by the California Supreme Court of their most recent loss in a Proposition 57 case, ACSOL v. CDCR. That loss took place on Feb. 13 when the Third Appellate District Court of Appeal affirmed the trial court’s decision that determined CDCR’s regulations implementing Prop. 57 were unlawful.
CDCR’s deadline for requesting the Court’s review is March 24 and it is likely that the Court will grant review of that case. Thus far, the CA Supreme Court has granted review of three similar appellate court decisions. The first Prop. 57 case which the CA Supreme Court agreed to review is Gadlin, S. 254599. All briefs have been filed in that case, however, oral arguments have not yet been scheduled.
The CA Supreme Court subsequently agreed to review both the Shuster, S-260024, and Muhammad, S-259999, cases on Feb. 19, 2020. The Court has placed on hold all proceedings for those two cases until they render a decision in the Gadlin case. If that court agrees to review the ACSOL decision, it is likely that the proceedings of that case will also be put on hold.
“CDCR’s decision to request review of yet another Prop. 57 decision will result in continued harm to thousands of registrants in custody who are being denied early consideration for parole,” stated ACSOL Executive Director Janice Bellucci. “We hope that the CA Supreme Court will quickly issue a decision favorable to registrants in the Gadlin case.”