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California Prison & Criminal Justice News & Events + 3 Strikes Do you have news relating to California's Prison or Ciminal Justice System and related efforts? Post them here! Also discuss 3 Strike laws.

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  #76  
Old 06-05-2019, 05:25 PM
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Eric- you're absolutely right! That has definitely given him that hope at coming home that he needed.

I just came across this on FB and thought I'd share it here too. I attached a screenshot.
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  #77  
Old 06-05-2019, 06:34 PM
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When running into this new law and trying to gather as much information to send him it seems to be almost impossible to go at it the right way. I emailed his public defender asking for any kind of information that he might know. His response was to have my fiance write a letter to the sentencing judge asking for leniency under this new law. HE also stated that some judges will take that into consideration. I have printed out so much info to send and he has drafted so many letters for the sentencing judge.
[...]
Also, i know this isnt the right thread but does anyone know anything about the good time served being applied from the YOPD law that is going to senate? i believe its AB 965? how can we find out if this passes, will it be retroactive?

Thank you again !
I believe our sentencing judge is dead. Ha!

The bill making its way through regarding YOP does not address the issue of retroactivity. As we know, 57 didn't apply retroactively save for some education credits, so my guess is...no. This just alters which date they will apply credits to.

A good thing, but another swing and a miss for a lot of us.
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  #78  
Old 06-06-2019, 08:53 AM
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I am here to ask, should my loved one have a staff member submit this form for him? should he send the letter to the sentencing judge for consideration? Basically, where do we start. if anyone has any adice or can steer us in the right direction i would deeply appreciate it.
Sentencing judge does not have authority to recall sentence under this law. Judges authority to recall sentence generally ends 120 days after sentencing. CDCR had authority to recall sentence under existing law. Legislation expanded that authority about this time last year and CDCR was provided more funding to do this more aggressively with that legislation.

Additional changes made by different legislation allowing the DA to recall sentence. That law became effective January of this year.

Your goal is to convince CDCR or the DA to recommend sentence recall. My understanding is that for the last half of 2018 CDCR made 100's of recommendations and about half of those successfully resentenced. I am not aware yet of any DA anywhere making a recommendation. Not to say they wouldn't. Writing / submitting to the courts might work and you should try but getting CDCR to submit is best chance especially since legislature did give them a prod last year.
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  #79  
Old 06-06-2019, 11:12 AM
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Hello everyone,
I hope that my long post doesn't come out confusing. This whole ordeal seems to be enough for everyone to try and sort through. My fiance was tried and convicted in Los Angeles County. He's on his 10th year of his term. Since so many laws have passed he was given an YOPD, which gave him soo much hope. His original sentence was 82 years to life. His date is now 2033. As MIAMAC pointed out, thats not something the CDCR is really following through with.

When running into this new law and trying to gather as much information to send him it seems to be almost impossible to go at it the right way. I emailed his public defender asking for any kind of information that he might know. His response was to have my fiance write a letter to the sentencing judge asking for leniency under this new law. HE also stated that some judges will take that into consideration. I have printed out so much info to send and he has drafted so many letters for the sentencing judge.

Upon research through this site I followed some of the links that were posted and got a form that was once only available for the San Joaquine area. I've searched the LA County court site to see if they were currently accepting this form. I attached a screenshot of what I found.

I am here to ask, should my loved one have a staff member submit this form for him? should he send the letter to the sentencing judge for consideration? Basically, where do we start. if anyone has any adice or can steer us in the right direction i would deeply appreciate it.

Also, i know this isnt the right thread but does anyone know anything about the good time served being applied from the YOPD law that is going to senate? i believe its AB 965? how can we find out if this passes, will it be retroactive?

Thank you again !

This 2033 date would be his suitability hearing.(It may change with new legislation) Here is a flowsheet from CDCR on. How to Determine Whether an Inmate Qualifies as a "Youth Offender" under PC § 3051
AB-965 Youth offender hearings: credits
here is the last action on A.B 965-
05/24/19In Senate. Read first time. To Com. on RLS. for assignment.
05/24/19Read third time. Passed. Ordered to the Senate. (Ayes 44. Noes 23.)
No it has not passed yet,( let me fully read this Bill, it I did a quick read and see some great changes in it)but it is one of the few Bills which continues to get support. Have you seen or reviewed this information from Prison Law Office ? YOUTH OFFENDER PAROLE This booklet covers SB 260, SB 261, AB 1308, and SB 394 The section of the Penal code being discussed in this booklet are, Penal Code 3041, 3046, 3051, and 4801. You can find these in the [url="https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PEN&tocTitle=+Penal +Code+-+PEN"]California Penal Code. With the changes to 1170(d)(1) P.C Your best hope is getting a recall of sentencing. But then I myself don't see all that many DA's going out of their way for someone that is incarcerated
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Last edited by Patrickj; 06-06-2019 at 11:20 AM..
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Old 06-06-2019, 11:19 AM
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A.B 965-
let me fully read this Bill, it I did a quick read and see some great changes in it
Thanks, Patrick! I read it yesterday and the only thing I see is that they are looking to apply credits to their YOP date rather than the standard EPD and that's fantastic, but it does not apply to elder parole dates nor does it include a section on retroactivity. But, I may have missed it. The super large text format is hard for me to read and I didn't copy it to another doc like I typically do.
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Old 06-06-2019, 11:42 AM
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Thanks, Patrick! I read it yesterday and the only thing I see is that they are looking to apply credits to their YOP date rather than the standard EPD and that's fantastic, but it does not apply to elder parole dates nor does it include a section on retroactivity. But, I may have missed it. The super large text format is hard for me to read and I didn't copy it to another doc like I typically do.


The version I took a quick look at was the Today's law as amended. I like it becasue they use different colors to highlight the changes. I am not through reading it , but what I have read in section 3051.(2)(B)(b)(1) is an improvement. Most of the change really apply to sections (2), (3) & (4) it isn't earth shattering legislation. NO it isn't retroactive. They keep doing these little changes but they never address the real problem CDCR does what the hell it wants. Then calls it legal until challenged
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Last edited by Patrickj; 06-06-2019 at 11:45 AM..
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