The CA Department of Corrections and Rehabilitation (CDCR) filed today with the CA Supreme Court a petition requesting review of ACSOL’s successful challenge of CDCR’s regulations that prohibit all registrants from early parole consideration. The prohibition in CDCR’s regulations has been found to be unlawful by several appellate courts.
In its petition, CDCR acknowledges that the Court has already granted review of a similar case, In re Gadlin, S254599. CDCR therefore requests that the Court defer action in the ACSOL case until the Gadlin case is decided. All documents in that case have been filed, including an amicus brief by ACSOL, however, the Court has not yet scheduled oral argument.
“We are looking forward to a final and positive disposition of our case,” stated ACSOL Executive Director Janice Bellucci. “Until the Court rules on this issue, however, thousands of registrants will continue to lose the right to early consideration for parole provided to them by Proposition 57.”
The Court of Appeal, Third District, ruled on February 13, 2020, that CDCR’s regulations were unlawful because Proposition 57 did not include an exception for individuals convicted of a sex offense. The Court then upheld the trial court’s decision issued on March 5, 2018.
In addition to In re Gadlin, the CA Supreme Court has granted review of six similar cases: In re Mohammad, S259999; In re Adams, S257081; In re Bertram, B293475, In re Bowell, S255066; In re Jones, S259606 and In re Schuster, S260024.
Download the petition for review: