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 to “public safety.” In fact, the decision specifically states that the appellate court rejects “the Department’s claim that the goal of public safety entitles it to contradict the unambiguous language of the Amendment (Prop. 57).”
“This decision is a significant victory for every person in custody who has been convicted of a sex offense,” stated ACSOL Executive Director Janice Bellucci. “CDCR can longer refuse to grant those individuals early consideration for parole.”
Today’s unanimous decision by three appellate court justices affirmed the decision of a single judge in Sacramento Superior Court made in March 2018. In that Superior Court case, Judge Sumner ruled that CDCR’s regulations were inconsistent with the language of Prop. 57 as well as the intent of the voters who approved that proposition. In addition, the judge determined that CDCR’s regulations “must be set aside.”
MANY MANY law enforcement and departments of corrections around the U.S have defied the courts on numerous occasions. In F.A.C’s on stories I have seen a number of instances where cities and other governments have defied court orders regarding sex offenders.
Sure there will be a challenge and appeal that could last for 100 years. A victory on paper is not always a victory in reality. But we can always hope I suppose. Yes I am being a sour Sandy because since I have been on the list since 1997, I have never gotten any good news, only “Oh you are going from 1 time a year to two times a year to 4 times a year registering. Not long until we have to move into the jail, not as punishment but so they can protect the public.
Maestro
I fully understand and share your sentiments .
Don’t know how to change it , but prosecutors have had drilled into their heads that all sex offenders have committed hundreds of other sex crimes they just haven’t been caught. They justify it now days by pointing to the. “Me Too” movement. And the cases where women start coming out of the woodwork. So they feel justified in overly harsh sentences and punishment. See that there just punishing you for all that you’ve done but just not got caught for.
That is also one reason more insane laws keep being passed and will continue to be until public opinion changes.
What a wonderful justice system we have here.
If my memory serves me correctly , the entire registry was established on the false idea that even though it was unconstitutional it was necessary for the protection of children and in there determination the betterment of society.
Here we have a judge that has disagreed with that assumption in content and determined it’s just unconstitutional period.
Though not not taking into consideration the entire registry laws but a piece of it.
What really pisses me off about this is that “sex offenses” have always been viewed as “violent” crimes. They are NOT ALL violent. How is a consensual relationship violent? Being illegal due to an age statute does not make it violent. Teenagers sexting is not violent.
I asked my prosecutor is my crime was considered a violent crime and he said “No.” , but the lawmakers and even the DOC use rape and molestation cases to paint a broad brush over everyone when it comes to hoping for early release from prison or parole because its a sex offense so therefore it must certainly be “violent”. Gimme a break.
This is another victory out of California. I think instead of being an immediate win for those the sticker addressed, I think long term it is another small step in the right direction. They are granting “consideration for early release”. They will never get it, but the slow baby steps made now hopefully will give relief nitty only to those in California, but across to us here in Florida as well.
Praise God!!!!!!!!!!!