CA Supreme Court Grants Review of ACSOL’s Successful Prop. 57 Lawsuit

[ACSOL]

The California Supreme Court today granted review of ACSOL’s successful lawsuit in both the trial and appellate courts which challenged regulations issued by the California Department of Corrections and Rehabilitation (CDCR) that, in effected, prohibit anyone convicted of a sex offense from receiving the benefits of Prop. 57.  In today’s decision to grant review, the Court stated that the submission of additional briefings in the case is “deferred pending further order of the court.”

Including today’s decision, the California Supreme Court has granted review of four cases which challenge CDCR’s Prop. 57 regulations.  The lead Prop. 57 case is In re Gadlin (S254599), which has been fully briefed to the Court.  The total number of briefs submitted in the Gadlin case include briefs submitted by ACSOL as well as a group of 19 social science and law scholars.  The Court has not yet scheduled oral arguments in the Gadlin case and is not expected to make a decision in that case without oral arguments.

“Thousands of registrants continue to be denied the benefits of Prop. 57 due to repeated appeals submitted by CDCR,” stated ACSOL Executive Director Janice Bellucci.  “We hope that the Court will soon decide the ultimate fate of CDCR’s regulations.”

 

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That’s great! Congratulations!

Too bad all this effort might be fruitless come this November. Amazing how they keep changing the rules and moving the goal post when they realize they made a “mistake”.

While I applaud the continued actions taken by ACSOL in regards to so many different abuses by state government, I have to admit I have tunnel vision. I simply don’t care about anyone’s issues but mine as it relates to the registry. I can’t get excited about early paroles, or lifting housing restrictions. All I think about everyday is any action that affects how long I must be on this horrible list. Coming here often puts me in such a depressed state that I end up cancelling appointments and lying on the couch the rest of the day. I know my dream of good news will likely never happen, and that is why today I left my single apartment and answered an ad for a roommate. I figure I have two months before I have to change my registry address, in that time my dog will take on a fondness for my new roommate. I think it is the only reason I haven’t offed myself. But now I know she will be taken care of, and it doesn’t seem so bad now.

It’s an exercise in mental strength. This problem is going to be with you everywhere you go and in everything you do, it’s your job to endure and stay in the game. Don’t go over the edge.

Everyone in this is fighting to see change. There are wins and losses. But one thing you have in your favor is that the losses are caused by irrational people, the officials just chosing to accept the system because they’re lazy or won’t risk their careers or are predatory (and prejudiced). Which makes them wrong by default.

To do what’s right is an exercise in mental strength and endurance. It means giving up a lot including the life you had before. It’s the hard path. You’re already there, now you just have to keep with it and join the resistance.

I remember watching a historical documentary about the Nuremberg trails. The U.S. Judge made a speech about the treatment of the Jewish population and how the marking of their documents was a akin to a scarlet letter. (Paraphrasing).
While Germany still remembers this tragedy, it seems the U.S. hasn’t. Mainly because it wasn’t part of our history. The people making these laws never experienced this, but we have. I feel this should be included in any argument given for not only IML, but for the domestic registry as well. By including it, are we not honoring the memory of those that died because of that “J” they wore. as many of us have since the registry began.