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Los Angeles Superior Court Denies TRO Application

A Los Angeles Superior Court judge has denied a TRO application filed by the Alliance for Constitutional Sex Offense Laws (ACSOL) that, if granted, would have required the CA Department of Corrections (CDCR) to release from prison individuals convicted of a sex offense based upon the same eligibility factors as those convicted of a different type of offense. The basis of the TRO application was the equal protection clause of the state constitution.

“We are deeply troubled by the court’s decision because it fails to recognize that individuals convicted of a sex offense are similarly situated to individual who have not been convicted of a sex offense,” stated ACSOL Executive Director Janice Bellucci. “After all, all inmates are equally likely to be infected by COVID-19, to transmit COVID-19, and to die from COVID-19.”

According to the decision, individuals convicted of a sex offense, including those currently in custody for a different type of offense, are not similarly situated with other prisoners because their “criminal histories are different and impose different requirements upon them.” The decision notes that although ACSOL proved that CDCR’s policy to exclude all individuals convicted of a sex offense would result in “some harm” to registrants, the court noted that CDCR is “actively working on an ongoing basis to reduced inmate populations to help mitigate and manage the spread of COVID-19 among inmates and staff.”

“Due to this adverse decision and the continuing risk of harm to registrants who remain in custody, ACSOL leaders will meet next week to discuss a safe way to protest this decision,” stated Bellucci. “Our voices must be heard in order to protect members of our community that are being punished based upon a myth that registrants have a high risk of re-offense.”

TRO – Points & Authorities – June 2020

Order – TRO denied – July 2020

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Demonstrations away !
BULLIES DO NOT CARE, STOP OR LISTEN !
Anytime the Courts are permitted to excuse biased behaviors and there actions hurt a specified group!
WE THE PEOPLE MUST DEMONSTRATE IT WILL NOT BE TOLERATED !
The Lies, the Injustices and Abuses must Cease !
Every person must try to attend and continue CLEAR AND BOLD MESSAGES OF ALL THE PAST/PRESENT/FUTURE
TRANSGRESSIONS THIS GOV HAS ALLOWED AND IS RESPONSIBLE FOR AGAINST RCs and there friends, families, loved ones !
My Love and Grattitude to “ALL” who take a stand for the Oppressed !

It’s probably more of an ‘electoral’ fear now more than anything.
Those judges know that the risk of re-offending is very, very low, but do to the fact the public may become outraged at them releasing sex related offenders, they bypass logic and justice for the people’s vote-plain and simple.

It what my son’s bail judge and preliminary hearing did. My son in jail since December 11 2019, now awaiting a trial in November . as soon as I dead in LAT about this huge public outrage about one elderly offender letting out of prison due to CV-19 , I just knew my son will not letting out and his trial will be set. We are emigrants from ukraine, and I will never forgive myself I brought my son in his country, worse that GULAG

We must keep fighting and at some point the power that be will realize that discrimination is not right….
Many in our country have been fighting discrimination for centuries….. but progress will happen with persistence.

And its all for public safety. Are a lot or many of these internet operations for public servants getting over on otherd with a standard of adultrated, cheapen type of arrogance. In this internet ordeal that isn’t what bearing the sword is all about. Guess even in a sex ordeal the Ten Commandments mean nothing to government in many of these ordeals. Sure I’ve gotten off key a bit on here but what is the two edged sword all about and yes the bible is a book not only for understanding divine justice but all types of true justice. Their… Read more »

*** “criminal histories are different and impose different requirements upon them.” *** Ahhh… Isn’t this a great place to interject why the criminal histories are different? I say this because it all comes back to the usage of false high recidivism rates utilized in the 2003 Smith v Doe decision because that’s when 290 started to change in 2005 (PC 290.5) which eventually lead to 2007’s PC 290.007. If all these “criminal histories” are being bandied about as to why registrants are treated separately and it’s because of the false high recidivism rates, then that’s when you can introduce Dr… Read more »

This ruling is misguided and sickening! Thank you, Janice and all, for trying.

@New Person – I agree with you! The fact is a full 3 pages out of a total of 14 pages were devoted to debunking the myth that registrants have a high re-offense rate. We even included data, including a chart, from a report issued by CDCR that states that the re-offense rate while on parole is less than 1 percent. Some day the judges, legislators, public will actually read what we write and respond accordingly. Until then, we will keep filing lawsuits in order to “educate” them.

Janice, that was a factual, rational and direct bullseye hit on the target!! A perfect hit!!, but the target hasn’t even flinched yet. But it will trust me. It will fall like a boxer in the ring who 1second prior, was dominating. The next second, he was unconscious on the floor. You will experience that Complete and utter victory one day.

Interesting it was denied because registrants criminal history are different. When everyone that has a criminal history is different regardless of it involves a sex crime. Not everyone that commits a sex offense should be painted with the broad brush of bull feathers. I say keep “educating” the incompetent judges till they fear Janice Means Business Bellucci!!

@Janice

Would it be possible perhaps to upload to this overall thread those 3 pages (as a separate doc) used to debunk the current line of thinking as a reference please? Thank you.

@TS – I have requested that the webmaster add a link to the entire memorandum of points and authorities in support of the TRO application be added above. The legal argument regarding rates of re-offense start on page 7 and end on page 10.

@Janice – Thank you for the link.

Why of course drug addicts, robbers, car jackers, gang drive by shooters make society feel very safe to be released from prison rather than someone viewing illegal images, sexting or any other 290 registrants Judge: Honorable Mitchell L. Beckloff should be ashamed of himself.

Unless I misread the CDCR directive…… From the order: “The inmate reduction is based on criminal histories.” No it is not. Absolutely not. Criminal history is only relevant for 290 registrants. Nothing is stopping the release of an inmate with a qualifying current offense with a criminal history of murder or a repeated and habitual criminal history. There is, however, a stated exclusion of someone with a single misdemeanor conviction going back to 1947 and nothing since. From the order: “Those being released through the CSP (Non-Registrants) are not similarly situated with those not being released (Registrants as well as… Read more »

Someone in prison took it upon themselves to file an appeal concerning CDCR’s not allowing instructors in, and therefore, being denied additional credit earning opportunities. In his request for relief, he asked that ALL incarcerated persons receive a 1-time grant of 6 months in milestone and RAC credits over and above what’s traditionally authorized. Today, Secretary Diaz signed a memorandum authorizing 12 weeks for everyone EXCEPT those who’d received a 115 after March. This is a HUGE victory because, for the 1st time in CDCR, they applied something equally across the board, regardless of the nature of the committing offense.… Read more »

Ok, one more try. I copy and pasted it but somehow it posted the same darn link. I blame technology.

Diaz’s memo:

https://drive.google.com/file/d/12-QrW6XtIYs2Fb4xxCgxuo91utzsuIOu/view?usp=drivesdk

What do you know? It worked. Enjoy!

#CDCR does it again! I wrote previously about a memo authored and signed by @CAcorrections (CDCR Secretary Ralph Diaz). It purported to give ALL incarcerated persons 12 weeks credit for what they’ve had to endure as a result of the #COVID19 programming changes. Everyone, that is, except people on Death Row, serving LWOP or who received a Rules Violation Report between March and July. Unfortunately, this was yet another deception performed by a corrupt administration. If you were convicted of a violent or sexual offense and the 12 weeks brought you within 60 days or less of being released, then… Read more »

Not sure I agree with your statement: “ACSOL should change its approach into putting all its resources towards overturning Smith v Doe (like, dare I say it, @Mike R does).” Smith v. Doe held that the registry is not punitive, and in great detail stated the characteristics of the registry that made it so. Specifically, that registrants could live, work, and travel where they wished and updates were accomplished by mail. Virtually every legislative body in the US has since legislated it into extinction. What needs to happen is for the USSC to acknowledge that its “frightening and high” claim… Read more »

@ Joe. Now that makes me laugh. A wack-a-mole theory or judgement. Might as well go with a play-doh theory of law or an assume the position mask type theory. Wonder what one would say or deem right in this push-pull defense.Talk about Deja vu. Embarrassing and indefensible.Talk about being strong in numbers. So how do police or even governments protest and serve in prison in this bias way. Do they put every sex offender in protective custody and group them into one race and one bunch. Have them all wear face masks of a color purple in prison cells.… Read more »

There goes that phrase again: ” similarly situated. ”
Which Article does it belong to or come from?

Restraining state actors is very difficult chore. At least an opportunity to be heard is in the record. Keep defending humanity itself and you will go far. Remember Janice, Galileo would have been burned at the stake for expressing his plain observations in some circles of course authority and canonized intellect. We see science denial everywhere in history.

Similarly situated is a necessary factor in an equal protection case.

The ONLY reason that they are not “similarly situated” is the requirement to register under PC 290. It is not the criminal history, and not even the underlying criminal conviction. Say 3 people commit the exact same crime, qualifying for early release (nonviolent, non-serious, non-domestic violence offenses), and are sentenced on the exact same day to the exact same term of incarceration. Person A has a lengthy criminal record, including drunk driving, robbery, assault, drug charges, murder, etc. Person A has spent more time of his life incarcerated than not. Person A IS eligible for early release. Person B has… Read more »

I realize you mean well, just as I realize your term is technically accurate. I also realize that its difficult to use another term or phrase, but I’m asking you as a supporter to not use the term “inmate,” “convict,” “prisoner” or “sex offender” when referring to us. We’re people, with thought and emotions. These terms dehumanize us, making it easier for people to make decisions that harm us. It also puts us in a box, implying that our past is who we are, who we will always be, and thus simply isn’t the case.

Public safety should be for the morons that leave dirty diapers or condoms in shopping carts. Not someone that poses no risk to the public!!

I also feel there is no tipping point. Sexofenders will forever be outed and shamed by society this is a never-ending fight that we can’t win as long as the government can scare people into supporting the registry sexofenders will always be under attack.
I believe we need to change are approach fighting in court is our #1 priority but if we don’t educate the people/society and get them to feel our pain then yes we are playing a game of whack-a-mole

From Tim’ in WI’s comment to Janice’s “similarly situated” definition to the understanding, to a who begot who. Sounds like a form of canonized intellgent of a monkey trial to some. One wonder who does their homework on here. Seems Tim in WI has the answer to this whole thing, its all about computers in some data theory or one’s own . So he wins the prize. Janice has more of a rational hunanitarian understanding and yes thats a motherly understanding. One wonders where is lady liberty today. One even wonders about sexual defrauding status today in this contempt of… Read more »

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