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…
Read MoreTag: Proposition 57
Unanimous Opposition Repeated During Today’s CDCR Hearing
[ACSOL] For a second time, speakers unanimously stated their opposition today to regulations issued by the CA Department of Corrections and Rehabilitation (CDCR) that categorically exclude registrants and those sentenced to life without parole from re-sentencing opportunities. Today’s hearing followed an initial hearing on May 7 during which technical difficulties that lasted for more than 20 minutes resulted in the inability of many people to speak about the regulations. “ACSOL thanks the dozens of people who spoke in opposition to CDCR’s regulations,” stated ACSOL Executive Director Janice Bellucci. “CDCR is…
Read MoreCA Supreme Court Decision Overturns CDCR’s Prop. 57 Regulations [UPDATED 1/6/21]
[Updated 1/6/21 with new link] The California Supreme Court today issued a unanimous decision that overturned regulations issued by the California Department of Corrections and Rehabilitation (CDCR) that prohibited all registrants from benefiting from the benefits of Proposition 57. The primary benefit at issue is early consideration for parole. In today’s decision, In re Gadlin (S254599), the Court ruled that CDCR’s current regulations prohibited early parole consideration for all registrants are void because they violate the state constitution. “This is a significant victory for registrants who are currently in custody,”…
Read MoreCA Supreme Court Considers Prop. 57 Case
[ACSOL] The California Supreme Court today listened to oral arguments in the first in a series of cases regarding the implementation of Proposition 57 by the California Department of Corrections (CDC). At issue in all of those cases is whether CDC’s regulations could lawfully exclude anyone convicted of a sex offense from its major benefit, that is, early parole consideration. The registrant in today’s case is Gregory Gadlin who is currently in state prison after being convicted of an offense that does not require registration. However, Gadlin is required to…
Read MoreCA Supreme Court Schedules Prop. 57 Oral Arguments on Oct. 7
The California Supreme Court has scheduled oral arguments in the case, In re Gadlin (S254599), for October 7 starting at 9 a.m. The Gadlin case is the first in a series of cases challenging regulations issued by the California Department of Corrections (CDC) that implement Proposition 57. At issue in this case is whether CDC can deny early consideration for parole to individuals who were previously convicted of a sex offense but are currently in custody for a non-sex offense. CDC requested review of the case after an appellate court decided that…
Read MoreCA Supreme Court Grants Review of ACSOL’s Successful Prop. 57 Lawsuit
[ACSOL] The California Supreme Court today granted review of ACSOL’s successful lawsuit in both the trial and appellate courts which challenged regulations issued by the California Department of Corrections and Rehabilitation (CDCR) that, in effected, prohibit anyone convicted of a sex offense from receiving the benefits of Prop. 57. In today’s decision to grant review, the Court stated that the submission of additional briefings in the case is “deferred pending further order of the court.” Including today’s decision, the California Supreme Court has granted review of four cases which challenge…
Read MoreCA: CDCR Asks CA Supreme Court to Review Prop. 57 Decision
[ACSOL] The CA Department of Corrections and Rehabilitation (CDCR) filed today with the CA Supreme Court a petition requesting review of ACSOL’s successful challenge of CDCR’s regulations that prohibit all registrants from early parole consideration. The prohibition in CDCR’s regulations has been found to be unlawful by several appellate courts. In its petition, CDCR acknowledges that the Court has already granted review of a similar case, In re Gadlin, S254599. CDCR therefore requests that the Court defer action in the ACSOL case until the Gadlin case is decided. All documents in…
Read MoreCA: Ballot Initiative Would Expand Definition of Violent Felony
The November 2020 ballot in California will include an initiative that would significantly weaken three recent criminal justice reform measures — AB 109, Prop. 47 and Prop. 57. Included in the ballot initiative is a major change to the definition of the term “violent felony,” which is used for sentencing and other purposes. Specifically, the California Criminal Sentencing, Parole and DNA Collection Initiative would expand the total number of violent felonies from 27 to 51. In addition, the ballot initiative would expand the definition of violent felony to include any…
Read MoreCA: CDCR to Request CA Supreme Court Review of Prop. 57 Case
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…
Read MoreCA: Appellate Court Upholds Challenge to Prop. 57 Regulations
An appellate court in California today upheld ACSOL’s challenge to regulations issued by the CA Department of Corrections and Rehabilitation (CDCR) that prohibit anyone convicted of a sex offense from receiving early parole consideration. This type of consideration was granted by Prop. 57 to all persons convicted of a non-violent offense. In its decision, the Third Appellate District Court noted that CDCR has made “repeated attempts to exclude categories of inmates undisputedly classified as ‘nonviolent’ from early parole consideration.” The court rejected CDCR’s argument that the exclusions were necessary due…
Read MoreACSOL Argues Prop. 57 Case Before Appellate Court
ACSOL argued in support of Prop. 57 yesterday before the Third Court Court of Appeals in Sacramento. At issue in the case are regulations issued by the CA Department of Corrections and Rehabilitation (CDCR) that exclude everyone convicted of a sex offense from receiving the benefits of that ballot proposition. A trial court decided in favor of ACSOL’s position in March 2018 and declared that CDCR’s regulations were invalid because they impermissibly alter and amend the terms of Prop. 57. CDCR appealed that decision and the trial court’s decision was…
Read MoreCA: Court of Appeal to Hear Prop. 57 Case on January 22
The California Court of Appeal, Third District, will hear oral arguments from attorneys representing both the California Department of Corrections (CDCR) and the plaintiff on January 22 at 2 p.m. The court is located in Sacramento at 914 Capitol Mall on the fourth floor and the public is welcome to attend the hearing. Oral arguments in the appeal are being heard at the request of CDCR despite a letter from the court stating oral arguments in this case were not necessary. CDCR filed an appeal after a Superior Court determined…
Read MoreCA: Appellate Court Rules in Registrant’s Favor in Prop. 57 Case
An appellate court in California ruled today that the California Department of Corrections and Rehabilitation (CDCR) must provide consideration for early parole to a registrant who is currently incarcerated for an offense that is not a sex offense in accordance with Proposition 57 (Prop. 57). The majority of the court specified, however, that its decision does not apply to those who are currently incarcerated because of a sex offense. In a concurring opinion, one of the three appellate judges stated that he believes CDCR is authorized to deny the benefits…
Read MoreCA: Lawsuit Challenges New Prop. 57 Regulations
A lawsuit has been filed challenging new regulations issued by the CA Department of Corrections and Rehabilitation (CDCR) that implement Proposition 57. The lawsuit was filed in Sacramento Superior Court on June 25. “In its new regulations, CDCR repeated its original mistake of excluding everyone convicted of a sex offense from the benefits of Proposition 57,” stated ACSOL Executive Director Janice Bellucci. “As recognized by the Court in our first lawsuit, the agency lacks authority to change the public’s decision to provide the benefits of Proposition 57 to everyone convicted…
Read MoreCA: New CDCR Regulations Deny Prop. 57 Benefits to Registrants
[ACSOL 5/4/18] The California Department of Corrections and Rehabilitation (CDCR) has issued new regulations that continue to deny the benefits of Proposition 57 to registrants. The new regulations are dated May 1, but were not publicly available until today. “The new CDCR regulations are inconsistent with a court order issued earlier this year,” stated ACSOL Executive Director Janice Bellucci. “The court in that case clearly ruled that CDCR cannot exclude all registrants from the benefits of Proposition 57.” In its newly issued regulations, CDCR specifically prohibits “inmates convicted of a…
Read MoreCA: Dangerous flaws in Proposition 57 could result in early release of sex offenders
Thanks to Proposition 57, hundreds of sex offenders could be released into our communities through an early parole program. As strong advocates for public safety and most importantly as mothers to our respective families, the prospect of having sexual predators leaving prison early is, to say the least, stomach churning. Full Article
Read MoreCA: Prop 57: Letting Californian Sex-Offenders On The Loose [Editorial]
Initially, Proposition 57 seemed to be a feasible solution to California’s prison overcrowding. It promised that nonviolent offenders would be offered parole if they had already served their primary sentences and did not pose any threat to society. However, this changed when Sacramento County Superior Court Judge Allen Sumner ruled that thousands of sexual offenders would be eligible for parole under Proposition 57’s “nonviolent crime” clause. On March 5, the state of California announced that it will appeal Judge Summer’s ruling by arguing that those convicted of sexual violence should…
Read MoreCA: Judge Issues Final Ruling in Prop. 57 Case
[ACSOL] Emergency regulations, intended to implement Proposition 57 and issued by the California Department of Corrections and Rehabilitation (CDCR), must be set aside, according to a final ruling released today by a Sacramento Superior Court judge. The ruling specifically stated that “CDCR cannot substitute its judgment for what it wishes the drafters of Proposition 57 had said. Nor may CDCR’s…regulations override a clear directive in the Constitution. “Due to this ruling, CDCR’s emergency regulations issued in March 2017 cannot be enforced and new regulations must be issued. The new regulation…
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