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ACSOLACSOL NewsCaliforniaGeneral News

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 3 months 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”.

Hello oh, my name is Antoine Jordan and I read everybody’s comments and believe me you all on point and what you need to understand about my situation is, I was married and I stayed away from my kids and my family because they had a group out there that used to GPS my car and follow me around and then when I leave they will go and talk to the people who I just visit and tell them about my case. So why my family was living in Orange County California the Fullerton Police Department came to my wife’s house and told me if I leave and not come back and my family visit me outside of Orange County they would not make an issue about it and I sit down and talk to my wife and she said no because you’re not doing nothing wrong and we’ll fight this but I didn’t want to fight it cuz they was threatening to post signs up by my kids school and everything else like that. Now November 8th leave with 2010 I was off of parole I went in to register 5 days before my birthday and I went in I rode my motorcycle up there and I just time I’m living in Los Angeles on 2nd Ave and that was my residence and when I went in to do my registration is dates on the paper put the address where are you reside at and I did so and like I said I rode my motorcycle up there and the officer he seen my motorcycle jacket and helmet and went out to the motorcycle and took pictures of the motorcycle plate and the motorcycle and asked me who motorcycle it was well I lied and told him that it was my brothers but then when he ran the plate the plates came back to me as being the owner and the address was my wife’s house because that’s where I was parked my car is in my vehicles and my registration to my vehicles went to the house. So the officer called me back to the police station after I registered and asked me about that address and I told him which is the truth I am married but I don’t go over there and stay because my kids are there my wife is there and I’m not trying to jeopardize them as well because of the fact you have Fullerton Police Department who threatened to put signs up on my kids school if I stay there so I lived in Los Angeles with my sister and that was my residence. However myself and my wife made a deal that I come over every morning while she go to work and watch my kids my kids was one and two years old and I was doing that I was going over there every morning watching my kids and I would leave around 6 everyday will my wife came back home from work and doing that time did no neighbors said that they seen my car there overnight at the location they would say that I would leave and I did and it wasn’t a place that I reside at all anytime my wife went out with her friends to Vegas whatever I would stay the night with the kids one night you see the law states if you are at a residence more than 4 days are five days and you have to register that address. Now my wife address was only used for my mail and my cars and my motorcycles because where I live there with my sister there was no place for me to store none of my vehicles and so I was store them at my wife’s house. Now my wife also told him that I do not stay there but I come over to watch the kids in all the registration paper is taped any given day tonight our time if you use the bathroom there you poop or whatever the case may be you have to register that address and that’s like saying if I go to the store everyday I have to register that address. I was in a motorcycle accident I stayed in the hospital 3 weeks and I didn’t have to register that address. The statements that’s on the registration slip that you have to initial and read does not explain to you the meaning of any given day night our time and it doesn’t say stores it doesn’t say Auntie’s cousin’s friends brothers and sisters house either because if you’re visiting I’m asking myself do you supposed to register that address you know you don’t. So I was arrested for failing to register a second address and my charge was only failing to register the second address my bill was $50,000 I bailed out and I was going to court and I had a DA who was just so intent on locking me up that he felt like I didn’t do enough time so he amended the charges and turned my misdemeanor into a wobbler so he can charge me for a felony and I went to trial with a pay lawyer who did not do its job and at the end I end up with 26 years to life for not giving them a second address where I was going in the mornings to watch my kids. And so now I’m doing 26 to life for being a father and watching my kids every day but not staying there and let’s get that clear I was not living there. And it’s been ten years now and my kids are 10 + 11 and I have missed out on their lives well I’ve been here incarcerated trying to find a way out of this system because I didn’t give them a second address to register at and the DA felt that it it was his place to put me back in prison for 26 years of life. Derek Chauvin the person who killed George Floyd was giving 22 years and I didn’t even kill nobody.

What a clear example of the registry being punishment. I’m assuming this sentence far exceeds your original sentence. A sentence that long for something trivial should fall under cruel and unusual punishment. If I were you, I would raise that on appeal.

The Ninth Circuit has found failure to register can be cruel and unusual. I of course can’t say how well it applies to you.

Life Sentence for Failure to Comply with Registration Requirement May Violate Eighth Amendment
and

Gonzales v. Duncan

The disparity between Gonzales’s technical violation of a regulatory crime of omission and the 28 years to life sentence imposed is so extreme that the state court could uphold the constitutionality of the sentence only by reading the “grossly disproportionate” standard out of federal law. The court in Carmony concluded that “[i]t is beyond dispute that a life sentence is grossly disproportionate to the [technical failure to register].” 26 Cal. Rptr. 3d at 374. We agree. The state court’s application of the gross disproportionality principle, clearly established by the holding of Solem v. Helm and reaffirmed by Lockyer v. Andrade, was objectively unreasonable.

Hope this works for you! Maybe someone can Shepardize this for you.

Last edited 2 months ago by Ditto

I wonder if Prop 47 would be similar. Some drug and theft charges are automatically reduced to misdemeanors except if you have to register.

This is an insane sentence for FTR. Could this have been triggered by the 3-Strikes Law? Was the FTR a 3rd felony?

Yes, it was his third strike.

Way to long,One wonders what common sense is anymore is it justification to the way you want it, the way government wants it or is their equal or even a spiritual factor we as people don’t even understand? Is their an arbitrary factor involved, a supreme authority or an equality of fairness aspect. Maybe someone should look at Dicey’s rule of law or is this formula today a bit out of balance in this registry issue.

I went thru a metal detector yesterday first time in a year and a half since one is allowed to visit ones PO, Took a friend with me for moral support. Sure their were several people in there for different crimes Nothing wrong with challenging sentencing regulations. Sure in my case I took a plea deal to save the court a trial in much of this two wrongs don’t make a right stumbling block.

While this Dicey formula is man made and so are constitution laws or could you say an invention or outline of things. Way to long, in much of this right and wrong, who actually has common sense when it comes to passing out judgement today for those iinvolved in the sex registry. While we can assume on many challenges who discerns who goes to the big house for several years, or wears an ankle monitor or even who needs to be sanctioned more?

Now Janice is for Justice and I’m sure many are also or do we all make common mistakes even in War Crimes or making peace or even saying the wrong thing at the wrong time. Justice is what its all about and true justice whether one takes this PFR as you say or takes a plea deal. Sure if I could challenge my guilty plea things might have been different but that’s speculation. Remember as Janice once said on here dot all the I’s and T’s and yes open your ears.

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