CA: Demurrer Hearing Scheduled for December 17 in Resentencing Regulations Challenge

Source: ACSOL

The Attorney General of California has filed a demurrer in the pending challenge of regulations issued by the California Department of Corrections and Rehabilitation (CDCR) that prohibit anyone convicted of a sex offense from resentencing opportunities.  A hearing regarding the demurrer is scheduled for December 17 at 11 a.m. in Sacramento Superior Court.

The challenge to CDCR’s regulations was filed on July 6, 2021, after ACSOL formally opposed the regulations both in an April 2021 letter as well as during two hearings conducted in May 2021.  CDCR’s regulations were issued in December 2020.

“This legal challenge is very similar to the successful challenge of CDCR’s regulations that prohibited anyone convicted of a sex offense from early parole consideration after passage of Proposition 57,” stated ACSOL Executive Director Janice Bellucci.  “We expect the same result in this case, that is, that the courts will determine that CDCR’s regulations are unlawful.”

CDCR’s regulations regarding Proposition 57 were struck down by every trial court and appellate court during a three-year period.  The California Supreme Court made the final decision regarding CDCR’s regulations in December 2020 when the Court struck down the agency’s regulations because they were inconsistent with the state constitution.

PDF Downloads:

Demurrer – Sep202109202021

Demurrer – Exhibits – Sep202109202021

Related posts

Notify of
We welcome a lively discussion with all view points - keeping in mind...  
  1. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  2. Please keep the tone of your comment civil and courteous. This is a public forum.
  3. Swear words should be starred out such as f*k and s*t
  4. Please stay on topic - both in terms of the organization in general and this post in particular.
  5. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  6. Please take personal conversations off this forum.
  7. We will not publish any comments advocating for violent or any illegal action.
  8. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address.
  9. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  10. Please do not post in all Caps.
  11. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links.
  12. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  13. We will not publish any posts containing any names not mentioned in the original article.
  14. Please choose a short user name that does not contain links to other web sites or identify real people
  15. Please do not solicit funds
  16. If you use any abbreviation such as Failure To Register (FTR), or any others, the first time you use it please expand it for new people to better understand.
  17. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  18. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  

Inline Feedbacks
View all comments

Good luck, Janice!

I was told originally as part of my negotiations for my plea deal that I would be able to apply after 2 years for a reduced sentence. That deal changed through legislation and I can never reduce the effects of my sentence. I have done my part to change my life. I went through 4 and half years of personal and group therapy and family reconciliation.. Even the victim of my crime tells me it is ridiculous that I still have to register after nearly 20 years since I plead no contest. These laws are just to make politicians look tough on crime and in many cases they do more harm than good, as in my case. Now my family impacted by these stupid laws as well, since I can’t really travel without involving law enforcement, as we have to checkout if we are going out of state. Thank you for allowing me to vent a bit here!

I don’t see them giving early parole to a sex offender because if that person gets out and commits another crime the first thing the public is gonna say is, he was let out early on parole when he committed his crime.

Good luck

Last edited 1 year ago by AERO1

WOW Janice, this will work in favour of those releases upcoming of RC;s from Prison and Parole. Well demurrer placement and will AGAIN win against the backwards upsidedown NO Real REHAB CDC-R leav;ing off the R. Thank YOU again!
You will prevail when the CA State SC finalizes and notes AGAIN rights away and from CALIF Constitution!