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.”
Emergency Regs – April 2021 Emergency Regs – April 2021 PDF Download
If I’m reading this correctly, this is what we want and we’re calling and writing in support of this? Thanks!
i am completely overcome! it is like a miracle! is this really true? am i understanding this correctly? will my son have a chance for parole? the registrant category of inmates is always excluded! they are excluded from prop 1170 as well! will they continue to be excluded from that?
Thank You Janice! Again, you have worked a miracle.
Thank You to the ACSOL Board of Directors for supporting such legal actions.
And Thank You to all of you for supporting ACSOL in these activities.
Please keep donating the $$ you can afford!
It’s great that CDCR is finally going to get rid of their unconstitutional exclusions. In re Robert Abeyta was my Writ concerning this very matter. The Sonoma county judge ruled in my favor for early release but by the time I won it was time to parole. There were a few of us challenging this from prison. I’m glad that CDCR is finally, hopefully, going to obey the California Constitution. Stay safe everyone.
Thank you Janice Bellucci
you truly are a blessing