The California Supreme Court has scheduled oral arguments in the case, In re Gadlin (S254599), for October 7 starting at 9 a.m. The Gadlin case is the first in a series of cases challenging regulations issued by the California Department of Corrections (CDC) that implement Proposition 57.
At issue in this case is whether CDC can deny early consideration for parole to individuals who were previously convicted of a sex offense but are currently in custody for a non-sex offense. CDC requested review of the case after an appellate court decided that the agency’s regulations were void because they are inconsistent with the plain text of Proposition 57.
In addition to the appellate court decision in the Gadlin case, every appellate court that has considered this issue has decided that the CDC regulations are at least inconsistent with the language of Proposition 57. The CA Supreme Court has granted review of three similar cases — In re Schuster (S260024), ACSOL v. CDCR (S261362) and In re Chavez (S263584) — which have been delayed until after the Gadlin case is decided.
The public will be have access to live-streaming of the oral arguments on October 7. The link to that access is https://www.courts.ca.gov/.
ACSOL Executive Director Janice Bellucci will represent Mr. Gadlin in the oral arguments. She was appointed by the Court to be Mr. Gadlin’s legal representative on August 18 after his original attorney, Michael Satris, died unexpectedly of a heart attack.