The California Department of Corrections and Rehabilitation (CDCR) will request review by the California Supreme Court of their most recent loss in a Proposition 57 case, ACSOL v. CDCR. That loss took place on Feb. 13 when the Third Appellate District Court of Appeal affirmed the trial court’s decision that determined CDCR’s regulations implementing Prop. 57 were unlawful. CDCR’s deadline for requesting the Court’s review is March 24 and it is likely that the Court will grant review of that case. Thus far, the CA Supreme Court has granted review…
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CA: Divided State Supreme Court Upholds DNA Swabs for Felony Arrests
California can continue collecting DNA samples from suspects arrested on, but not necessarily convicted of, felony charges, a divided state Supreme Court held Monday. Full Article
Read MoreCA: State high court upholds post-prison rules for sex offenders
Sex offenders in California who have completed their prison sentences must comply with strict monitoring conditions while on probation, including undergoing lie-detector tests about their conduct and receiving treatment from therapists who can reveal their secrets to a probation officer, the state Supreme Court ruled Monday. Although offenders must take part in the lie-detector interrogation and therapy, none of their answers can be used to file or prove new criminal charges against them, the court said. The goal, instead, is to monitor the former inmates and prevent future crimes, the…
Read MoreNew California Supreme Court surprises analysts early on
When Gov. Jerry Brown’s two latest nominees joined the California Supreme Court in January, legal analysts foresaw the creation of a more liberal majority. … During a closed session last week, Kruger joined the more conservative justices in refusing to revisit a decision that said adults who have consensual oral sex with minors must register as sex offenders — even though registration is not mandatory for adults who have sexual intercourse with people in the same age group. Full Article
Read MoreState high court passes up chance to go easier on sex offenders
A divided state Supreme Court voted Wednesday to leave intact a ruling requiring lifetime registration for certain non-forcible sex offenders, an issue that split Gov. Jerry Brown’s two most recent appointees. The court had voted 5-2 on Jan. 29 to reinstate a 1947 California law requiring anyone convicted of non-forcible oral copulation with a minor to register with police as a sex offender. Registration, which is also mandatory for violent sex offenders, enters their names and addresses on a publicly available database and prohibits them from living near a school…
Read MoreCA Supreme Court Decisions re. Residency Restrictions [Update II with Editorials]
The CA Supreme Court Decisions in the People v. Mosley and In re Taylor Cases are posted. Please stay tuned for commentary from California RSOL. People v. Mosley In re Taylor Related Media: Reports LA Times OC Register SF Chronicle SJ Mercury Riverside Press-Enterprise – with CA RSOL mention San Bernardino Sun UT San Diego Huffington Post SCPR CBS San Diego ABC San Diego reason.com KUSI San Diego KEYT (with video of Janice Bellucci and CA RSOL) Reactions / Editorials / Analysis George Runner – Author of Jessica’s Law (February…
Read MoreCA Supreme Court Decision Regarding Residency Restrictions Due March 2
The California Supreme Court has officially announced that it will publish on Monday, March 2, two decisions regarding residency restrictions. The decisions are expected to determine the following issues: (1) whether residency restrictions are constitutional, (2) to whom do the restrictions apply and (3) if the restrictions can be applied to every registered citizen while on parole. The Court heard oral arguments in the case on December 2 in Los Angeles. During oral arguments in the case of People v. Mosley, the Attorney General’s office argued that residency restrictions are…
Read MoreCA Supreme Court Decision Harms Registered Citizens
The California Supreme Court today, in a vote of 5 to 2, overturned a prior court decision (People v. Hofsheier (2006) 37 Cal.4th 1185) that provided relief in the recent past to many individuals convicted of oral copulation. In the decision, the court found that there is a “rational basis” for providing harsher penalties to such as an individual as compared to other individuals who convicted of unlawful intercourse. “Today’s decision by the California Supreme Court has the potential to harm hundreds if not thousands of individuals without increasing public…
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