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.