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ACSOL News

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.”

 

Join the discussion

  1. SR

    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”.

    • David

      Yes, hopefully, the State’s budget crisis will result in drastic fiscal cuts and the slaughtering of the “sacred Registry cow” so worshipped by politicians and LEOs!

  2. A.D.A.T.

    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.

    • w

      Hang in there amigo, what good does it do to put yourself down? Find one or two things you can get decently happy about and roll with it like everyone else does. Do some sudoku.

      • A.D.A.T.

        The only reason I come here is to put my thoughts down. I seldom read the articles or comments. I feel so much stress. I wake up and have a hard time catching my breath. I hate the day before it even begins. There is no escaping the feeling of being found out. At least here I can put my feelings down without being judged.

        • Joe

          Do like i do A.D.A.T
          Be your best friend !
          Who cares what the World thinks ..
          We might live to be 75 if we are fortunate but we have been threw alot and we DIE A HERO …TO OURSELVES IF NO ONE ELSE !
          I know alot of people around the World are SUFFERING AND DYING TERRIBLE WAYS …WE WILL SURVIVE TO TELL OUR STORY AND WE WILL DIE TRYING TO STAND FOR FREEDOM AND LOVE!
          Im rooting for YOU Sir!
          You are todays HERO!
          You are the few the Proud the Brave !
          Just look at life from a new Perspective !
          Take all your Troubles roll them all up and throw them away , to the wind or wherever !
          Give yourself a new lease on life !
          Write yourself a DECLARATION OF FREEDOM ….Tell yourself im going to be who i am, a man of importance a man worthy to live and a man that is not Destined to be a Slave or 2nd, 3rd CLASS PERSON !
          You Sir are “SOMEONE” You Sir are VALUABLE !!!
          Love your brother …
          Joe !

    • AERO1

      Yeah it doesn’t get any better I wish I had some up lifting words to help you thrue this never ending nightmare but the truth is anyone who is forced to register as a sexofender in the state of California life is pretty much over..

      • A.D.A.T.

        Yesterday I walked to the edge of an old quarry I hike to every week. I usually stand and look over the edge. I take my dog and let her run around. This time I left my dog at the dog sitter. I gave them some excuse, probably didn’t make much sense. I went intending to jump, but I waited too long and a couple of hikers showed up. Weird, sense it has been hot and no one is out. I stood around for them to leave, but they didn’t so I did.
        I guess finding others that suffer like I do might help, at least my therapist thinks so, but who wants to listen to stories of despair and hopelessness. What I miss more than anything is lying my head in my girlfriends lap. I felt so safe there. Sounds pathetic, doesn’t it.

        • Bill from CA

          @A.D.A.T.

          One day at a time man. If you want things like having a relationship with a girlfriend you’re gonna have to let go of your preconceived fears that every female you’ll meet would be turned off by your past.

          You’re not the only one here that’s struggling. I’m gonna get the things I want in life even if I have to work harder to get it or take longer to get there. Whether it’s my dream business or a great relationship I’m gonna get them despite my past charges. And you know why?

          Because they’re worth struggling for. Nothing worthwhile is gonna come easy anyway. So suck it up and strike a conversation with that woman you see and let go of any fear of failure.

          Go on. You can only succeed by failing alot…and it doesn’t hurt as much as you think…if at all.

        • Maestro

          A.D.A.T.,

          I gotta jump in here because I’m personally sick of always hearing people say “There are other people in the world with worse problems than yours” or “Think of the other people who are suffering”. This is a typical thing to say to someone who is fed up with how things are going in his or her personal life. We and our advocates always talk about “feel good” laws. Well, these phrases/sayings are also “feel good”. Feels good to SAY them to someone else but at the end of the day when we are paying our bills or having a issue with a coworker or boss, or trying to find a place to live peacefully, we are not concerned with who’s being killed or dying or losing a loved one whether it’s down the street or a few thousand miles away in some 3rd world country. And when i say “we” I mean EVERYONE. Not just people with these legal issues. The average person is for themselves and frankly, there’s nothing wrong with that.
          No one is immortal. We’re all gonna die. A lady friend of mine went ballistic on me because I wasn’t SHOWING sadness over the loss of Kobe Bryant and his daughter. I said to her: “People die every day, everywhere. Am I supposed to hold a moment of silence every time someone in an elderly home WHO I DON’T KNOW FROM A HOLE IN THE GROUND passes away?” She didn’t like that reply, but it was a realistic one.
          Stay strong for YOU. Worry about YOU. And don’t take yourself out over this crap.

      • David

        @ AERO1: I have to disagree. After release from incarceration in Florida, I moved to southern California and have been able to build a happy and comfortable life here. (And I absolutely guarantee you that could not have happened in Florida!).
        Furthermore, my political involvement with ACSOL has definitely helped my sense of self-worth, optimism and community as I’ve joined fellow Registrants and supporters in successfully opposing bad legislation.
        PLEASE – for your own sake – consider becoming actively involved with ACSOL!
        You’ll be amazed how good it makes you feel to take action – together – against the b******* we have to face everyday!!
        We ARE winning this war!!

    • barb

      I truly hope you hang tough and do not kill yourself. I know people are unkind. My son has this same problem. He becomes so depressed with how impossible work/ housing/ people, in general, treat him. They have made outcasts of so many good men.. who got in trouble while young. To be punished forever is just wrong. Anybody who can’t see that is just an idiot. If like my son you have not reoffended in 20 some years, and he never did rape anyone. That is the craziest part of this whole thing. nonviolent, low risk, But people see your on the List and just assume child molesters. I suppose this started with good intentions to protect children and women. But when a guy can be sent to prison because a drunk woman says ” I think he was gonna rape me” who according to witnesses she was falling down drunk. And according to the police report when asked if my son touched her in sexual way she said NO.. did he try to remove his clothes.. No, did he try to remove your clothes NO. He was 21 years old living in college town. Big university,, and girl was a student at university. I never dreamed this case would go forward, But court-appointed woman attorney was not on my son’s side. Honest to God. Has ruined his life, my life, his grandmothers, etc. He is a hard-working man. He is 42 years old. STill being punished. I love hime so very much.. as i am sure many people love you. Don’t give up. God bless you all.

      • Schwartz

        You sound so much like my mom it brings tears to my eyes. Your son’s life playing out so much like mine has, except I am 55 now and ended up doing 16 plus incarcerated, on the installment plan, starting in 1987 I finally got those bastards off my back in 2010, but I will never be normal again. I am a basket case on SSI. Lots of love to you and your son

      • Schwartz

        Hey maestro, in opinion it would be good for you to come up on a bit of humanity. Being self centered and focusing on your needs and your feelings, etc, is probably the single greatest contributor to how you got on this list in the first place. Not on a soap box, not trying to be know it all, nowhere near perfect, but honestly, everything starts with caring about other people first, the rest follows. I was actually offended by what you said about Kobe, and the reason is that Kobe was a hero and inspiration for lots of people, myself included. Recall that Kobe was nearly destroyed by a bogus allegation? Regardless, I don’t think I need to say this but I will, if you can’t show empathy, compassion or vicarious support when others are hurting, how can you expect to receive anything less .

    • Rob

      Don’t know how long you have been a registry member, but I have been on it going on 30+ years now. I went through what you are going through around 4-6 years into my registry. Long pointless showers, staring a a wall all day in a dark room, anxiety to be around people, go places… It’s not easy especially when you have make it through the day on your own. Friends are gone, family keeps their distance. You are as bad as the worst one out there. Thats how they see you. To this day I suffer from anxiety, have become anti-social, and hate crowds. I use to be full of energy, talkative…a regular person. Now I’m emotionless and have a lot of anger inside and I’m cool with it. A.D.A.T., You need to be able to strong enough. I don’t know you…but can relate a bit. I went through so many crazy stages, but suicide wasn’t one of them.

    • J. Schwartz

      I feel your pain, and I am being sincere. I have been going through this since 1987, only 22 back then, everyone bailed on me, only my dear mother has remained in my life. If it helps you to cry and just hang out so be it. I will often get so bummed out that I sleep days and days straight. It is what it is. Realize that you are a political prisoner, like the rest of us. Sex offenses are high crimes, political, offenses against the king or Pope. Not being funny, my email is politicalprisoner@…..so I mean it, we are all political prisoners, caught up in modern perfect storm of politics. Stay strong and absolutely know in your deepest thoughts that every educated decent person knows that they are committing disgusting violations of the constitution and human rights. It will eventually change. God bless you brother.

  3. w

    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.

  4. A.D.A.T.

    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.

    • totally against public registry

      @ A.D.A.T.
      Please try to take care of YOURSELF. Not everyone is critical of people on the registry. Try to focus and hang on to any thread of a positive in your life whatever it maybe, small steps, one day at a time. Things change….the registry will collapse someday….think of yourself as a hero fighting for the future of the guys who might benefit from your sacrifice. Keep hope alive..find that one thing that makes you happy and stick to that for a while but most of all take good care of yourself

    • Steve

      Hey A.D.A.T,

      I read all four of your posts and can certainly empathize with your thoughts and feelings, as I have gone through almost every emotional hell whole created by the insidious design of the registration machine. I will not attempt to tell you what I think you should do (this is not to suggest that others who have tried did anything wrong). Instead I will give a very brief telling of what I have done to make it. I served 27+ consecutive years in prison and have been a registrant for the last 18 years (first 2 years as level three, last 16 as level 2). I have two jobs, a truck, a home, and a wife who has been with me the last 17 years. How did I do it? One day I became tired of feeling ashamed and “less-than” everyone else. So I stopped trying to hide (shrinking within myself). In this state I am not required to tell anyone, except the police, my personal business. However, I always tell every single employer that I am a registrant during hiring interviews. They all said they truly appreciated my honesty up front (many did not hire me, some did). I told my future wife on our second date. We didn’t even kiss until our third date. But she appreciated that I told her early on, and she has been with me ever since. Remember, the biggest weapon the registry proponents use against us is “to shame us”. We take that single power away from them when we Stand Up And Show Up! This means we refuse to let some folks in society define who we are and to dictate what I ultimately we will become in this world. Is there some “luck” involved here? Yes, of course, but we must place ourselves in a position the will allow luck to act in our favor: we change our attitudes about who we are. Good luck A.D.A.T.

    • Looking for Answers

      @A.D.A.T.,
      I agree with Steve. I don’t think you should think all hope is lost in the dating department. I knew about my (now) boyfriends charge and I dated him anyways and stood by him for the 3 years it took to take the darn thing to trial. I helped him find a lawyer who cared. He wasn’t my boyfriend before the trouble, either, just after. There are women that will accept your past. Frankly, It’s hard sometimes, but he’s a great guy and I don’t see him as one moment- I see a guy who is loved by pretty much anyone that gets to know him, who is funny and kind and smart.
      It was hard telling my family at first but they welcomed him with open arms and have been loving and supportive.
      Even with the support sometimes it seems like the curveballs keep coming.
      BUT- I do believe in God, and I believe God led me to him. I felt so strongly about sticking by his side and putting away all my fears about venturing into the unknown. It was definitely my destiny.
      Your woman is out there. So is your happiness. It’s all a matter of just finding both, and I know you will.

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