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ACSOL Files Lawsuit Challenging Re-Sentencing Regulations

ACSOL has filed a lawsuit challenging regulations issued by the California Department of Corrections and Rehabilitation (CDCR) that categorically exclude inmates required to register from re-sentencing opportunities provided in recent legislation.  The lawsuit was filed on July 6 in Sacramento Superior Court.

“The regulations being challenged repeat the same mistake made by CDCR in its regulations implementing Proposition 57,” stated ACSOL Executive Director Janice Bellucci.  “That is, the re-sentencing regulations create a categorical exclusion of all registrants even though the legislation does not.”

The individual plaintiff in the case, Antoine Jordan, is currently being denied an opportunity for re-sentencing because he is required to register due to a sex offense conviction more than 30 years ago.  He is currently serving a sentence of 26 years due to his failure to register at a second address.  ACSOL is also a plaintiff in the case.

“What is even worse in this situation is that the legislature initially included in the legislation an exclusion of registrants, but later removed that exclusion,” stated Bellucci.  “CDCR has chosen to ignore the final version of the legislation and therefore we expect this lawsuit to be successful.”

CDCR’s regulations implementing Proposition 57 were challenged in more than a dozen lawsuits which resulted in nine decisions from courts of appeal.  In every court of appeals decision, CDCR’s regulations were declared unlawful.  The California Supreme Court issued the final decision regarding CDCR’s Proposition 57 regulations on December 28, 2020.  In its decision, the Court ruled that CDCR’s regulations were unconstitutional and ordered the agency to repeal its regulations.  CDCR did not repeal its regulations until April 5, 2021.

“The greatest harm resulting from CDCR’s unlawful regulations in both cases is that inflicted upon inmates who are being denied opportunities to be released from custody and their families,” stated Bellucci.  “There is also a financial cost to taxpayers for longer prison sentences.”

 

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Wait, someone got a 26 year sentence for FTR?

I read that and couldn’t believe it either. That is utterly absurd! I don’t care what his offense is.

I think they are doing the same thing they did to O.J. Simpson. Since his first conviction for multiple assaults / kidnappings might not have been harsh enough in the eyes of the justice dept. , they are making up for it with his FTR. He is considered a SVP.

SR and Others – Yes, unfortunately this man’s failure to register was his third strike and they threw the book at him in the form of a 26-year sentence. The fact is he was properly registered at one address, but he did not also register at a second address where his wife and children lived in order to protect them from harm. According to law enforcement, he spent so much time with his wife and children that he should have registered there as well. This part of the registration laws in CA is unclear in that there is no set rule regarding how much time you can spend at an address without registering. As a result, far too many CA registrants are being convicted of failure to register at a second address.

Thank you for the details, Janice. This is an incredible injustice. How someone can receive a sentence like that for literally doing nothing illegal is pure insanity. I can’t believe any judge would go along with it. I truly hope you can win the case you’re working on and help this man. I know the word “Nazis” is thrown around very loosely these days, but what happened to him completely reeks of such a regime.

Last edited 20 days ago by SR

I was told at one of my probationary mtgs that I should treat any other address just as I would a travel address. That is if you are there for 3 or more days a month, the registrants home Office needs to be notified. I guess some jurisdictions are more on top of the situation than others, unfortunately for registrants.
My P.O. Actually told me he wanted me to get through the ordeal as smoothly as possible, and if I had ANY questions, to email him and this would cover me if something happened. I’ve been told from others that this isn’t exactly the norm with most P.O. Departments.

This is effing lunacy!!!!!!

In WI we’ve a law prohibiting class b felonies ( sex offences) from sentence modification appeals. I wonder what the basis of Wisconsin’s purpose is behind the differences in treatment( eligibility). Most of the rulings I’ve read regarding sentence mod involve bifurcated Class A felonies(WI) and sentence structures. I presume Class C – H are eligible for modifications appeal. In WI these types of things are rarely challenged.

You people are fortunate to have an advocate actually going to bat. Our AG is currently under fire for his interpretation of law regarding GPS tracker ( bracelets) use for the differences between ” more than one offenses ” versus ” more than one conviction. ” This question is ultimately about ” similarly situated persons ” or ” dissimilar situated persons” and their treatment under the law. State agent almost always try to assert more authority than they’re actually lawfully entitled to serve. Even more this is the same evidence of both blatant and capricious behavior by the administrative branch that was in effect promoted when the Rehnquist court by default gave congressional actors a presumptive pass even in the face of plain use of ex-post language upon a crime in constitutional challenge. A kind of virtue signaling and the same kind of public bloodletting only intended to sanctify authoritarian regimes.

This is what happens when you eat too much cheese ! The brain get scrambled and stupid laws are enacted without common sense.

To me, you have described another example of the legislative branch trying to legislate judicial functions. It’s overreach for them to foreclose a judicial remedy (sentence modification appeals) through legislation. To me, the judicial branch should have the power to modify sentences whenever it determines that such a modification is appropriate based on the laws violated and the particular circumstances behind the violation. That doesn’t mean that most people would get modifications, just that that’s for the judicial branch to decide.

Good luck, and give them hell!

Every person forced to register in California should read the people vs Antoine Jordan case to understand the importance of registering every address you sleep at.
Also I thought it was verry interesting that wearing a nice looking motorcycle jacket sparked this whole investigation and the fact that his wife’s neighbors confirmed he had been staying there made it an open and shut case for detectives.
People out their have to realize when your forced to register for a sex offense your constantly under investigation and surveillance and everytime you make an appointment to do your annual registration you trigger an investigation to make sure the information you have given is accurate with your current living situation.
We all know the DA office is using the California 3 strike law to send people convicted of sex crimes to prison for life

So after I finished parole in 09 and released from county in Riverside one of my brothers took it upon himself to decide that I couldn’t reside and register at our moms home. I began sleeping in my car, registered homeless, but would still go to shower and do my laundry at mom’s using the internet and recharging my laptop batteries. Well several months down the line as I was leaving I encountered a Deputy attempting to enter the yard through a closed fence, which I extremely forcibly and rudely told him that unless he has a warrant he was trespassing, my mom heard and came out and sat on the porch to listen and be witness to the encounter, the purpose of his visit was to tell me that if I continue to spend more than an hour or two a week and they could prove it they would charge me with failing to register an address regardless if I was sleeping there.
I remember many cases from county of people being charged for just one night at a girlfriend’s and something caused LEO contact.
As I understand it they interpret the statute to mean if we have a reasonable expectation to be able to spend more than one day at that residence or a continuous visitation schedule to a specific resistance and fail to inform them of this that constitutes a violation of failure to register a second residence.

Complete BS. I’ve lived in my own home forever and it never mattered how often I visited my mother, her home was not my residence. I visit friends a lot as well and their homes are not my residences either. I get that the law enforcement criminals want a person to Register pretty much everywhere they will ever be, but f**k them to hell and back. I am not on probation or parole and this public dissemination of other people’s addresses is beyond that. If a person is ever arrested for such nonsense, they need to ensure that they cause the criminal regimes a lot more harm than they personally incur. Personally, I’ve been continually causing them harm and won’t stop. I think that is the way to do it because you never know if they might kill you one day so you need to harm them enough before then.

Folks, we have to be more serious about these criminals. The key problem is that they have far, far too many resources. All of big government and certainly their law enforcement criminals. Yet whenever a person says “de-fund the police”, people lose their minds. But that’s exactly what needs to happen. Why have we allowed these criminal regimes to grow so big?

We need to vote this. Take it to the polls and support every person and group working to control the criminal regimes. We need to get rid of these evil people who love big government authoritarian harassment. We need less government, not more.

Agreed. I bow hunt during deer season, so I spend a lot of time in the woods. If I’m spending hours at a time in the woods, day after day, I guess they would want me to register as “homeless”.

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