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CDCR - What You Need to Know Information relating to the California Department of Corrections & Rehabilitation. Q&A for those new to the CDCR system should be posted here.

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  #76  
Old 03-30-2017, 02:18 PM
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Originally Posted by Luv0fHisLife View Post
Hello,

Please move my post if it is not in the correct thread.

I have a question that needs answering, if anyone could help it would be much appreciated.

In 2001, my husband was convicted of Penal Code 459 (Residential Burglary while no one was home). He was given a strike for it. He served his time for that. He was caught up in another case for Carjacking Penal Code 215, Gun enhancements Penal Code 120022.53, and gang enhancements. To which his time was doubled up due to his first strike. He is under the impression that Penal Code 459 is NO longer a strike-able offense, is he correct in that? Does Prop. 57 affect him in anyway?


The gun enhancement on the carjacking makes him a VO. He can qualify for 20% time under the new regulations as well as some milestone credits. The 459 is a strike based on how it was sentenced, which I am assuming was first degree burglary of a residence. For more information on Burglary law see this link from Shouse: http://www.shouselaw.com/burglary.html#2.1

His prior strike bears no relevance on his current Prop 57 eligibility. His current offense disqualifies him from the early parole portion of the law. However since you have not indicated that he is LWOP, he will benefit from additional credit earning opportunities provided he has maintained a good disciplinary record in prison.
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Old 03-30-2017, 04:22 PM
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The CDCR website also has substantial information regarding proposed regulations: http://www.cdcr.ca.gov/proposition57/

Under FAQ, it states:

"When will Proposition 57 go into effect?

"The juvenile justice provisions have already gone into effect. CDCR has written regulations – now with the Office of Administrative Law (OAL) – to enact changes to the way credits are awarded to inmates, as well as expand parole consideration for nonviolent offenders. The new parole consideration process for non-violent offenders is expected to go into effect on July 1, 2017. Good Conduct Credits are expected to go into effect on May 1, 2017, and Milestone Completion, Rehabilitative Achievement, and Educational Merit credits are expected to go into effect on August 1, 2017."
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Old 03-30-2017, 09:12 PM
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The CDCR website also has substantial information regarding proposed regulations: http://www.cdcr.ca.gov/proposition57/



Under FAQ, it states:



"When will Proposition 57 go into effect?



"The juvenile justice provisions have already gone into effect. CDCR has written regulations – now with the Office of Administrative Law (OAL) – to enact changes to the way credits are awarded to inmates, as well as expand parole consideration for nonviolent offenders. The new parole consideration process for non-violent offenders is expected to go into effect on July 1, 2017. Good Conduct Credits are expected to go into effect on May 1, 2017, and Milestone Completion, Rehabilitative Achievement, and Educational Merit credits are expected to go into effect on August 1, 2017."


Thank you for sharing, Marie. Still have some fight ahead of us to enforce reforms when the more permanent regs get drawn up. But as long as this all gets approval then we should be starting to see some real benefits for inmates who are working hard to do the right thing and rehabilitate soon, which will hopefully incentivize others as well.
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  #79  
Old 03-31-2017, 09:47 AM
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I was trying to post to the thread on Prison and Criminal Justice News Events but my post didn't show up there, so I tried again. Then I got a notice stating my post was moved and discovered it was over here on this thread. So you may have seen a few of my posts that were redundant. I'm still worried the people on the other thread may not know about this one, since I have been very concerned about Prop 57 and I didn't know. (Last post on the other thread was 3/26/17). I am going to try to post there, referring readers to this thread in case there are more people who did not know about this thread).



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Originally Posted by missingdee View Post
Thank you for sharing, Marie. Still have some fight ahead of us to enforce reforms when the more permanent regs get drawn up. But as long as this all gets approval then we should be starting to see some real benefits for inmates who are working hard to do the right thing and rehabilitate soon, which will hopefully incentivize others as well.
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Old 03-31-2017, 02:14 PM
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Originally Posted by marie8899 View Post
I was trying to post to the thread on Prison and Criminal Justice News Events but my post didn't show up there, so I tried again. Then I got a notice stating my post was moved and discovered it was over here on this thread. So you may have seen a few of my posts that were redundant. I'm still worried the people on the other thread may not know about this one, since I have been very concerned about Prop 57 and I didn't know. (Last post on the other thread was 3/26/17). I am going to try to post there, referring readers to this thread in case there are more people who did not know about this thread).
I put a link to this thread in the other after your post. Thanks for pointing it out so others can join in!
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  #81  
Old 03-31-2017, 02:51 PM
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Found this new YouTube by Kernan. He very clearly states that as of May 1st, those eligible will have their earliest release date modified to map to the change from 15% to 20%. My hope is getting stronger.


Last edited by SonsMother; 03-31-2017 at 03:36 PM..
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  #82  
Old 03-31-2017, 03:39 PM
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I didn't hear anything new in the video (which is good!), just reinforcement of the information we've been reading. I am glad that CDCR, and perhaps this is a Kernan signature, is going a bit above and beyond with their communication about 57 by doing things like the interview in October and this video. It helps settle a lot of unrest for people wanting to know how things will play out.

Thanks for posting, Sonsmother!
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  #83  
Old 03-31-2017, 04:08 PM
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Sorry I was trying to read through all pages and prop 57 website, but still confused; Is the whole prop 57 only for non- violent offenders? Not for violent offenders at all?
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Old 03-31-2017, 04:10 PM
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Sorry I was trying to read through all pages and prop 57 website, but still confused; Is the whole prop 57 only for non- violent offenders? Not for violent offenders at all?
Violent offenders will begin to earn milestones and other credits after May 1st. They do not qualify for the non-violent parole process under 57.
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Old 03-31-2017, 04:12 PM
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Default Prop 57, Part III, Regulation Implementation

It's good to know at least some people in there Is really trying so they can lead through the right direction instead of just wasting time in their.
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  #86  
Old 03-31-2017, 04:18 PM
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Violent offenders will begin to earn milestones and other credits after May 1st. They do not qualify for the non-violent parole process under 57.


Thank you so much!!
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  #87  
Old 03-31-2017, 06:43 PM
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Default Violent offender in firecamp

My husband is a violent offender under penal code 667.5 and is currently in firecamp, think he'll get the 50%?

How is the credits calculated? If he was sentence to 7 years, is it half of the 7 years or will it be 50% from the 2 years he has left?
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Old 03-31-2017, 06:58 PM
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Originally Posted by sonya86 View Post
My husband is a violent offender under penal code 667.5 and is currently in firecamp, think he'll get the 50%?

How is the credits calculated? If he was sentence to 7 years, is it half of the 7 years or will it be 50% from the 2 years he has left?
VOs in firecamp is a very good question! Something that's come up for a few folks. To be honest, I'm not sure. I do think that the time earnings will start from here out and not be retroactive. But this is only based on what I've seen in the last week. He will want to ask his counselor about good time credits.
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Old 03-31-2017, 07:05 PM
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VOs in firecamp is a very good question! Something that's come up for a few folks. To be honest, I'm not sure. I do think that the time earnings will start from here out and not be retroactive. But this is only based on what I've seen in the last week. He will want to ask his counselor about good time credits.


Kernan's video seemed to indicate that they would. Driving and responding as best as traffic will allow so I can't look at the proposed changes in the penal code but that does sound like what they're proposing.
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Old 04-01-2017, 12:50 AM
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Violent offenders will begin to earn milestones and other credits after May 1st. They do not qualify for the non-violent parole process under 57.


Hi Miamac,

Is prop 57 apply to federal offenders but serve in CA USP? Thanks.
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Old 04-01-2017, 05:27 AM
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Hi Miamac,

Is prop 57 apply to federal offenders but serve in CA USP? Thanks.


No. 57 applies only to state prison inmates.
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  #92  
Old 04-01-2017, 09:07 AM
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Originally Posted by SonsMother View Post
Found this new YouTube by Kernan. He very clearly states that as of May 1st, those eligible will have their earliest release date modified to map to the change from 15% to 20%. My hope is getting stronger.
Good video.

He did say May 1 will be the start and inmates will be informed within "weeks to months" of their new calculated earliest release. He did not specify whether the new good time credits (15 to 20% for VIO's for example) will be calculated retroactively or calculated going forward. We'll have to see and hope.

He did specify and re-affirm that educational credits earned will be retroactive. Anyone who has previously earned a qualifying degree will get those credits applied as they should.

Other important details based on what Sec Kernan said:

- They will specify in the coming months which self help programs will qualify for credit.
- The new rules for Lifers and VIO's getting lower classification will help. Anyone who might be affected should do what's needed to be awarded that lower custody. Staff and warden decide on a case by case basis based on extended good behavior. More program and higher credit earning opportunities are available in lower custody settings.
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Old 04-01-2017, 10:05 AM
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I believe that's the video they're showing the inmates. Which I really commend CDCR - the inmates are actually hearing it from the horses mouth - no interpretation or opinions from others - which is great. My LO is at Jamestown and the video was shown last Saturday.


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Originally Posted by SonsMother View Post
Found this new YouTube by Kernan. He very clearly states that as of May 1st, those eligible will have their earliest release date modified to map to the change from 15% to 20%. My hope is getting stronger.

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Old 04-01-2017, 10:14 AM
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gvalliant


- They will specify in the coming months which self help programs will qualify for credit.
- The new rules for Lifers and VIO's getting lower classification will help. Anyone who might be affected should do what's needed to be awarded that lower custody. Staff and warden decide on a case by case basis based on extended good behavior. More program and higher credit earning opportunities are available in lower custody settings.[/quote]



I believe the self help programs start on page 31.


https://oal.blogs.ca.gov/files/2017/...0324-01EON.pdf

Last edited by jilkenma; 04-01-2017 at 10:42 AM.. Reason: changed page number from 34 to 31
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Old 04-01-2017, 10:46 AM
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I believe the self help programs start on page 34.


https://oal.blogs.ca.gov/files/2017/...0324-01EON.pdf
I think that list starting on page 34 is an extensive listing of various categories of milestone credits. Basically the up to 12 week per year credits. There seems to be a lot of terminology. Milestone, educational, extraordinary, career, academic, general which makes me scratch my head about what's what.

The self help programs are (I believe) independent inmate organized programs - like AA meetings or similar. Self help are new and can earn up to an additional month per year. I think he indicated in the video they haven't determined yet activities that will be approved for that credit earning.
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Old 04-01-2017, 10:57 AM
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Makes sense - thank you. Especially, when it says milestone in the header... 👀 I just schemed through it - saw the other classes, but saw cognitive behavior etc and associated that with self help.

Thank you, nonetheless!



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I think that list starting on page 34 is an extensive listing of various categories of milestone credits. Basically the up to 12 week per year credits. There seems to be a lot of terminology. Milestone, educational, extraordinary, career, academic, general which makes me scratch my head about what's what.

The self help programs are (I believe) independent inmate organized programs - like AA meetings or similar. Self help are new and can earn up to an additional month per year. I think he indicated in the video they haven't determined yet activities that will be approved for that credit earning.
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Old 04-01-2017, 11:25 AM
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Originally Posted by miamac View Post
VOs in firecamp is a very good question! Something that's come up for a few folks. To be honest, I'm not sure. I do think that the time earnings will start from here out and not be retroactive. But this is only based on what I've seen in the last week. He will want to ask his counselor about good time credits.
According to the YouTube by Kernan, earliest release dates will be recalculated for those that are eligible for the change from 15% to 20% on May 1st. It's not my impression that the amount of days earned by good behavior begins May 1st - that doesn't line up with what he said.

Supporting documents are not clear about this including the FAQs, etc. It would seem to me that if not retroactive then it would have to be clearly stated.

Last edited by SonsMother; 04-01-2017 at 11:28 AM..
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Old 04-01-2017, 11:29 AM
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According to the YouTube by Kernan, earliest release dates will be recalculated for those that are eligible for the change from 15% to 20% on May 1st. It's not my impression that the amount of days earned by good behavior begins May 1st that doesn't line up with what he said.
I understand. To be honest, I'm really not sure. How you interpreted it very well may be true.

I know a lot has been spoken about the "break" this is for VOs and of course, any time off is time off. But for rough reference, those of us looking at long bids are seeing something like this:

My husband was sentenced to 37 years. At 85% he would serve 31.5 years. At 80% he will serve 30 years.

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Old 04-01-2017, 11:30 AM
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This doc was already posted, but I want to make sure people know, before your eyes glaze over, there is a chart of milestone credits, beginning about page 31:

https://oal.blogs.ca.gov/files/2017/...0324-01EON.pdf





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Originally Posted by gvalliant View Post
I think that list starting on page 34 is an extensive listing of various categories of milestone credits. Basically the up to 12 week per year credits. There seems to be a lot of terminology. Milestone, educational, extraordinary, career, academic, general which makes me scratch my head about what's what.

The self help programs are (I believe) independent inmate organized programs - like AA meetings or similar. Self help are new and can earn up to an additional month per year. I think he indicated in the video they haven't determined yet activities that will be approved for that credit earning.

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Old 04-01-2017, 02:38 PM
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Found this new YouTube by Kernan. He very clearly states that as of May 1st, those eligible will have their earliest release date modified to map to the change from 15% to 20%. My hope is getting stronger.



This message was playing on the prison channel when we had our family visit a couple days ago..
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