Alliance for Constitutional etc. v. Dept. of Corrections etc.
Annotate this CaseThe California Department of Corrections Rehabilitation (Department) challenged a trial court ruling striking down its regulation excluding from early parole consideration inmates serving sentences for current nonviolent sex offenses requiring them to register under Penal Code section 290. On appeal, the Department claimed its regulation was supported by Proposition 57’s overarching goal of protecting public safety and the requirement that the Secretary of the Department certify the Department’s regulations enhanced public safety. The Court of Appeal determined the regulation at issue contravened the plain language of the statute, so it affirmed the trial court’s ruling.
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