During a telephonic hearing marked by significant technical difficulties, more than 20 members of the public expressed their opposition to regulations proposed by the California Department of Corrections and Rehabilitation (CDCR) that would exclude groups of people, including those required to register as well as those sentenced to Life Without Parole, from re-sentencing opportunities. A total of 43 members of the public participated in today’s hearing.
“If the current version of these regulations is made final, we will challenge the regulations in court,” stated ACSOL Executive Director Janice Bellucci. “CDCR’s proposed regulations repeat the mistake made by that agency in its regulations implementing Proposition 57.”
Dozens of lawsuits were filed challenging CDCR’s Proposition 57 regulations. All of the lawsuits were successful, however, they were consistently appealed by CDCR up to the California Supreme Court. That Court, in a unanimous decision, determined that the Proposition 57 regulations were in violation of the state’s constitution and ordered that the regulations be repealed.
Several of today’s speakers highlighted the fact that the legislative intent of Assembly Bills 1812 and 2942 is to expand re-sentencing opportunities and yet CDCR’s regulations would limit those opportunities. Other speakers addressed the fact that CDCR’s exclusion of registrants is based upon the myth that registrants have a high risk of re-offense.
“CDCR needs to read its own reports which clearly state that the rate of re-offense for a registrant on parole is less than one percent,” stated Bellucci.
CDCR did not reply to any comments provided during today’s telephonic hearing. Several of the public participants asked CDCR to conduct a second hearing regarding the proposed regulations due to technical difficulties including the inability for anyone to speak during the first 30 minutes of the hearing.