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Action Alert for CA: Oppose CDCR Regulations That Exclude Registrants From Resentencing Opportunities

[ACSOL]

The California Department of Corrections and Rehabilitation (CDCR) has issued proposed regulations which exclude most registrants from resentencing opportunities.  Comments upon the proposed regulations can be submitted to CDCR  before or on May 7, 2021.  In addition, CDCR will conduct a public hearing on May 7 at 10 a.m. regarding the proposed regulations.

“CDCR is repeating the same mistake it made when it issued its Proposition 57 regulations, that is, the agency is excluding registrants from the benefits of legislation,” stated ACSOL Executive Director Janice Bellucci.  “We must strongly oppose now the proposed regulations in order to strengthen our position in the future if it is necessary to challenge the proposed regulations in court.”

According to the proposed regulations, CDCR is implementing two bills (AB 1812 and AB 2942) passed by the legislature in 2018 and signed into law by the Governor that allow many inmates to be resentenced.  The legislation did not categorically exclude registrants or any other group of inmates from this benefit.

ACSOL encourages the public to strongly oppose the proposed regulations both in writing and by participating in the May 7 hearing,” stated Bellucci.

Write:
Letters of opposition can be sent by U.S. mail to
CDCR
Regulation and Policy Management Branch (RPMB)
P.O. Box 942883, Sacramento, CA 94283-0001

Or Email:
RPMB@cdcr.ca.gov

Attend the hearing by phone:

The May 7 hearing will be conducted by teleconference only.  In order to participate, call 1-844-867-6169 (TTY/TDD: Dial 711).  When prompted, enter participant code 1780160.

According to CDCR’s notice, no decision regarding the proposed regulations will be rendered at the hearing.  Instead, the purpose of the hearing is to receive public comments regarding the regulations.

Downloadable PDFs:

Opposition Letter to CDCR – April 2021_000583

NCR_21-04_Master_File_for_posting_ADA-1170ResentencingRegulations

CDCR-MEMO-Revised 1170(D)(1) Processes – Dec 2019 (3)

(April 2021) PC 1170(d)(1) Draft Regs – Public Comment Template Letter [UPDATED 4/22/21]

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These thugs don’t believe in equality before the law, and think they can just not enforce it for people they don’t like. Long past time they were brought to heel.

Here in Georgia, those convicted for sex offenses are not excluded for parole consideration by statute or DOC procedure. However, there seems to be an unspoken rule that anyone convicted for sex offenses whose sentence is less than 20 years will serve every single day of it in confinement. The usual reason for parole denial is “the circumstances of your offense do not warrant early release.”

I fully agree these bills are unfair and should be opposed. But the reality is that even if defeated, the parole board will just find other excuses to deny parole to those convicted for sex crimes.

It is hard to believe that CDCR is once again denying benefits to individuals solely because they are required to register. It took 4 long years and a unanimous decision from the CA Supreme Court to force CDCR to correct its similar mistake with regard to Prop. 57. We hope that it will not take that long this time. The fact is that no matter how long it takes for CDCR to correct its mistake, there will be hundreds or even thousands of inmates and their families who will suffer.

Animus…

CDCR excludes sex offenders from everything, including family visits. I’m a wife of a CA inmate and I go through hell with CDCR just trying to get approved for visits with an inmate with a sex offense as a youth. It’s sad for these men who really want to and who have changed can’t even participate in certain groups and I see first hand what this does to their emotional state and self-worth. It makes them feel trapped. It brakes my heart.

I’m on the conference call. What happened? Dead silence

I joined the conference call @ 10. After a brief it was dead silence. What happened?

There were technical difficulties. CALL IN NOW and press star 0!

They said that due to technical issues they will likely have second hearing, so you will still have a chance to fight this evil, unjust exclusion. ACSOL will let you know when CDCR announces the possible second hearing.

likely second hearing???

Yes, since they screwed up the hearing for 20 minutes with unintended silence, they said there would likely be a second hearing to give everyone a chance to give feedback verbally, although they said that letters have the same weight as call-ins.

Normally, Silence Is Golden. Today, Silence Was Frustrating.

But those who hung on were rewarded with time to explain how their idea to exclude registrants sucks.

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