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CA: CDCR to Request CA Supreme Court Review of Prop. 57 Case

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.”

Decision – Appeal – Feb 2020

Order – Final – March 2018

Join the discussion

  1. SR

    Good. Should be a simple case. There was nothing about about RC’s at the ballot. Law is about technicalities, not intentions. You want to change this, put the amendment on the ballot.

    • Janice Bellucci

      @SR – Unfortunately, there is a ballot initiative to be voted on in November 2020 that will address Prop. 57 by redefining the term “violent offense”. One of the provisions in that initiative will make all “offenses that result in lifetime sex offender registration” violent offenses. If passed, this means that all Tier 3 offenses under the Tiered Registry Law will be characterized as violent. We all need to OPPOSE this ballot initiative which is called the “California Criminal Sentencing, Parole and DNA Collection Initiative.” So far, law enforcement is supporting it with large financial contributions (more than $2 million) while the ACLU and a few others are opposing it with a much smaller war chest. Please tell everyone you know to vote against this ballot initiative.

      • Tired Old Man

        lazy gov. employees must keep jobs filled thats the only reason the support it. bunch of crooked smucks!

      • SR

        Wow! That’s just awful! “Violent” seems to be thrown around pretty frivolously in our laws. One would think violence would at least require some physical contact. Is this something that’s for sure making to the ballot? Anyway to stop it before it gets there? I don’t trust the public one bit to vote correctly on this. Hell, the public voted to expedite executions.

      • TP

        Would this be a retroactive classification for people who will fall into tier 3 but have a conviction before our offenses were classified as “violent”?

        • Anonmom

          To add to this question, how does this impact attempts to move convictions from tier three. If someone has a CP charge and is assigned tier 3 (so ridiculous to begin with) and it is moved to a lower tier, will they still be considered violent.

          I agree with other commenters, I do not trust others to vote appropriately on this. I can’t even understand how people support registries when they cost so much and do absolutely nothing. It proves how stupid the general public is. Politicians and their sheep are always attempting Criminalize everything, to keep others down.

    • herebygrace

      CDCR is all about protecting union jobs. More in prison = more jobs. Same for the state tools who shredded the research in the post put out a few days ago regarding SO recidivism, that potentially could blow away a $270 million program full of union jobs. Their motivation has nothing to do with recidivism or safety or any of that. it’s similar to the “bullet train” project that was Jerry Brown’s thank you to the construction and trade unions for supporting him. It has nothing to do with better transportation. As my dad always said “Follow the money to find the reason”.

  2. Tired Old Man

    i hope they must pay Janice BIG $$$$$$$ dam goverment smucks

  3. HopingForHope

    Are thee any OTHER ballot initiatives that we should be aware of that will appear in November that could hurt us?

    • Janice Bellucci

      @Hoping for Hope – Fortunately, this is the only ballot initiative that addresses and issue relevant to our community. I will write a complete article about this ballot initiative in a few days after I gather a few more facts.

      • dph

        Thank You Janice, good thing we went to GComments to find this import. to VOTE AGAINST
        for all of us and their Families to NOT be on the 3rd Tier PERM>
        Look forward to your reg add once you get updated info and more facts. We All Thank You!

  4. Bruce Ferrell

    On the registry since ’93. You do the math.

    I’m waiting for Jan 1, 2021 for the opportunity to come off the registry. If I understand what I’ve read, I think I have a good shot.

    I know full well that there are people now on the registry now who signed contracts with the state, at the time of their convictions, saying they did NOT have to register… Those were eradicated with the stroke a legislative pen.

    I’ve known all along as I waited, that new legislation could come along and wipe out this opportunity too.

    The last opportunity I had was an appellate court decision more than five years ago. I hired a lawyer. He showed up in court without the points and citations of the decision… But he had the petition, and was given an extension to show them. During the time of the extension, the California supreme court set aside the appellate decision while they decided. The legislature then amended the law, rendering the supreme court review moot and closed that opportunity and arguement. Did he refund my fees? No. He offered to argue the case (for MORE fees) exactly as had just been denied by the amended law and the supreme court.

    My point is that things change for us all the time and rapidly… While we play whack-a-mole.

    • Harry

      To be honest, Bruce, I have NO faith in lawyers. I hired one several years ago to do some work that he said “that would get me off the registry” He did some work but never finished it and I have about $500 left on the retainer and I called his office several times and his receptionist say “she will have him call me” and he never have.

      • Bruce Ferrell

        Harry,

        The deal with the courts and laws, we have to deal with lawyers… Faith in them or not. They’re kind of the only deal in town.

        • Harry

          Kind of like having your enemy to protect you.

  5. someone who cares

    I know I have said this before, but people are just dumb. Looking at CP at acting up on it are two entirely different entities. We all watch violent movies, we watch horror movies where people are being mutilated, tortured, killed, and the ratings are probably great for these type of movies. I am not a violent person, never was. I enjoy these movies regardless, but that does not make me a violent person. The mind is a weird thing, and nobody really understands it, it seems. I repeat, we do NOT act out non what we see on TV or in movies!! On a side note, this is how dumb people are. The sale of Corona beer has plummeted….you guessed it, because of the Corona Virus. That is a typical hyper pandemic of stupid, uneducated people.

    • SR

      The Corona beer losing sales is very worrying as it’s not some minority but 38% of the beer drinkers. If 38% of people are this misinformed (I don’t think that’s even the right word given the sheer stupidity of this), how are they trusted to vote on laws like this? I look at the idiotic things tens of millions of people believe, and I just lose all hope for humanity, let alone us (RC’s).

      • New Person

        I shuddered that about 40% of people believe Corona Beer has anything related to Coronavirus. And the sad part is people come up with this all on their own too.

        • The Vampire

          @ new!!!! People don’t come up with this! It is the news and LE who continue to control your mind. Both media and the le play on the minds of people. Like here in michigan the sheriff got on the news and told the public that he would have too let out violent sex offenders if they didn’t pay for higher taxes!! Reason was! To keep those evil people off the street’s too keep your kids safe!! No it was to keep the jail going! So those behind the lied could keep working and get a pay check. Oh yes sex sells..

      • Bill

        What can understandably be concluded as losing hope for humanity over the this corona-virus/Corona Beer confusion, I see an opportunity to fill that void of ignorance with information in a form of social media campaign that utilizes TED-Talk type videos filled with catchy sound bytes and dazzling graphics that attracts “symbol-minded people” (thank you George Carlin!).
        Let’s use the same tools that sway people into buying dumb stuff to do something good for us!

    • David

      I like my Corona virus with Lyme disease! 🤗

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