The California Department of Corrections and Rehabilitation (CDCR) is proposing the repeal of its categorical exclusion of individuals required to register as sex offenders from early parole consideration. According to the proposal, most registrants in custody will be referred to the Board of Parole Hearings for early parole consideration no later than July 1, 2021.
“If CDCR’s proposed repeal becomes final, thousands of registrants who have been denied early parole consideration for more than four years will finally receive the benefits of Proposition 57,” stated ACSOL Executive Director Janice Bellucci.
Because CDCR’s proposal comes in the form of emergency regulations, the public comment period ends quickly on Wednesday, April 14.
Please SUPPORT this repeal by phoning your support of the emergency regulations to:
According to CDCR documents, the proposed repeal is the result of the Gadlin decision that was issued unanimously by the California Supreme Court on December 28, 2020. The Court’s decision required CDCR to both repeal its existing regulations and to issue new regulations, however, the Court did not provide CDCR with a deadline for doing so.
In a related case, CDCR revealed during a Sacramento Superior Court hearing on March 5, 2021, that the agency had failed to comply with both parts of the California Supreme Court’s decision. Based upon that statement, Judge Shelleyanne Chang ordered CDCR in a decision dated March 5, 2021, to comply with the California Supreme Court’s decision within 60 days.
“It is a shame that CDCR chose to prolong its categorical exclusion of all registrants from the benefits of Proposition 57 after the Gadlin decision,” stated Bellucci who argued the Gadlin case before the California Supreme Court on October 7, 2020. “A total of 8 appellate court decisions ruled against CDCR before issuance of the Gadlin decision and during that time, thousands of registrants and their families suffered.”