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ACSOL NewsCalifornia

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

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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!

You are not alone Steve even if it may feel that way sometimes. There are 100K California registrants and over 900K US registrants all who have family which then makes the 900+K number double or triple in number. My family too are tired and weary of this ongoing struggle. But we get our strength back when Janice, Chance and all those at ACSOL who fight for us and encourage us to fight and take another step toward the freedom from this unjust reality. So for that my loved one who is on the registry and our family we go on. Thank you to all who have helped us along our way.

Last edited 18 days ago by Laura

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 18 days ago by AERO1

@Aero1

That thinking applies to anyone who gets out early not just someone convicted of a sex related crime. People have proven that with repeat crimes despite the crime shortly after release. Good luck.

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