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  #1  
Old 01-02-2010, 06:41 PM
Waiting4Steven Waiting4Steven is offline
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Default Does SB18xxx apply to county inmates?

Does SB18xxx apply to county inmates, does anyone have any info about that? ...or is SB 18 only for people who will be sentenced to prison?

My husband got 280 days but am wondering if he will now get 140??
Thanks for any info, this bill is so confusing.
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Old 01-02-2010, 09:15 PM
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I'm not sure, I only read what is posted here on PTO. It seems to me that it only applies to prison time. However, LA County seems to be letting people out at around 35% time.
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Old 01-03-2010, 05:19 PM
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Default Prison sentences only

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Originally Posted by Waiting4Steven View Post
Does SB18xxx apply to county inmates, does anyone have any info about that? ...or is SB 18 only for people who will be sentenced to prison?

My husband got 280 days but am wondering if he will now get 140??
Thanks for any info, this bill is so confusing.
It applies only to those who are sentenced to state prison. The Bill is indeed quite confusing, but the provisions about credit reduction seek to amend only those Penal Code sections addressing the sentencing of defendants to state prison (sections 2931-2933), and not the Penal Code section applicable to county jail prisoners (section 4019).

South Bay Scott

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Old 01-05-2010, 06:30 PM
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For anyone interested...
Just found out new info on this bill... it does apply to county as well as state inmates as confirmed by my hubby's public defender today and written in the legislation which can be read here http ://info.sen.ca. gov/pub/09-10/bill/sen/sb_0001-0050/sbx3_18_bill_20091011_chaptered.pdf


And it IS retroactive as well!
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Old 01-07-2010, 09:07 PM
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however, it would apply at least to his time in county, as it says to give full time there and no more every other day nonsense. although i think that he would still be getting the 280 days,
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Old 01-08-2010, 05:09 AM
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Default Half Time DOES apply to certain county jail sentenced prisoners

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Originally Posted by South Bay View Post
It applies only to those who are sentenced to state prison. The Bill is indeed quite confusing, but the provisions about credit reduction seek to amend only those Penal Code sections addressing the sentencing of defendants to state prison (sections 2931-2933), and not the Penal Code section applicable to county jail prisoners (section 4019).
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South Bay Scott
Thank you for your recent post Waiting4Steven, and I now stand corrected, as section 50 of SB 18 X3 DOES in fact amend Penal Code section 4019, by providing day for day credit for most county jail prisoners.

HALFTIME IN COUNTY JAIL

Senate Bill 18 will modify Penal Code section 4019 to now allow day for day - or "half time" credits for many inmates in County Jail:

SB 18 X3 SEC. 50. Section 4019 of the Penal Code is amended to read:

4019. (a) The provisions of this section shall apply in all of the following cases:

(1) When a prisoner is confined in or committed to a county jail, industrial farm, or road camp, or any city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date on which the serving of the sentence commences, under a judgment of imprisonment, or a fine and imprisonment until the fine is paid in a criminal action or proceeding.

(2) When a prisoner is confined in or committed to the county jail, industrial farm, or road camp or any city jail, industrial farm, or road camp as a condition of probation after suspension of imposition of a sentence or suspension of execution of sentence, in a criminal action or proceeding.

(3) When a prisoner is confined in or committed to the county jail, industrial farm, or road camp or any city jail, industrial farm, or road camp for a definite period of time for contempt pursuant to a proceeding, other than a criminal action or proceeding.

(4) When a prisoner is confined in a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.

(b) (1) Except as provided in Section 2933.1 and paragraph (2), subject to the provisions of subdivision (d), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from his or her period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.

(2) If the prisoner is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290), was committed for a serious felony, as defined in Section 1192.7, or has a prior conviction for a serious felony, as defined in Section 1192.7, or a violent felony, as defined in Section 667.5, subject to the provisions of subdivision (d), for each six-day period in which the prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from his or her period of confinement unless it appears by the record that the prisoner has refused to satisfactorily perform labor as assigned by the sheriff, chief of police, or superintendent of an industrial farm or road camp.

(c) (1) Except as provided in Section 2933.1 and paragraph (2), for each four-day period in which a prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from his or her period of confinement unless it appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.

(2) If the prisoner is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290), was committed for a serious felony, as defined in Section 1192.7, or has a prior conviction for a serious felony, as defined in Section 1192.7, or a violent felony, as defined in Section 667.5, for each six-day period in which the prisoner is confined in or committed to a facility as specified in this section, one day shall be deducted from his or her period of confinement unless is appears by the record that the prisoner has not satisfactorily complied with the reasonable rules and regulations established by the sheriff, chief of police, or superintendent of an industrial farm or road camp.

(d) Nothing in this section shall be construed to require the sheriff, chief of police, or superintendent of an industrial farm or road camp to assign labor to a prisoner if it appears from the record that the prisoner has refused to satisfactorily perform labor as assigned or that the prisoner has not satisfactorily complied with the reasonable rules and regulations of the sheriff, chief of police, or superintendent of any industrial farm or road camp.

(e) No deduction may be made under this section unless the person is committed for a period of four days or longer, or six days or longer for persons described in paragraph (2) of subdivision (b) or (c).

(f) It is the intent of the Legislature that if all days are earned under this section, a term of four days will be deemed to have been served for every two days spent in actual custody, except that a term of six days will be deemed to have been served for every four days spent in actual custody for persons described in paragraph (2) of subdivision (b) or (c). [Emphasis added]

As delineated above, any of the below factors would make county jail inmates ineligible for half-time credit, if the prisoner:

1. Is required to register as a sex offender pursuant to Chapter 5.5 (commencing with Penal Code Section 290);

2. Was committed for a serious felony, as defined in Penal Code Section 1192.7.

3. Has a prior conviction for a serious felony, as defined in Penal Code Section 1192.7.

4. Was committed for a violent felony, as defined in Penal Code Section 667.5.

5. Has a prior conviction for a violent felony, as defined in Penal Code Section 1192.7.

SB 18 X3 takes effect on January 25, 2010.

South Bay Scott

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Old 01-08-2010, 12:20 PM
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Okay, I'm horrible with math and word problems. Help me out here. If an inmate has 120 days pre-sentence time served in county, it will be counted as 240 days???

Does the January 2010 effective date mean this doesn't apply to those incarcerated prior to that date?

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Old 01-10-2010, 10:07 AM
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hi ladies i have a question, so if my brother was sentenced to 21yrs for a stupid drug offence and its considered a felony, does this law apply to him??
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Old 01-14-2010, 06:56 PM
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Yes it applies to him if it was just a drug offense, but you would have to check what his exact charges are, SB18x3 has all kinds of provisions, so if your brother had a violent offense or something severe like that than it would not apply to him.
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Old 01-14-2010, 06:58 PM
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Quote:
Originally Posted by ARoman View Post
Okay, I'm horrible with math and word problems. Help me out here. If an inmate has 120 days pre-sentence time served in county, it will be counted as 240 days???

Does the January 2010 effective date mean this doesn't apply to those incarcerated prior to that date?

If the inmate is eligible for the new bill than he would get 2 days for every 2 days served in county, prior to January 2010.
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Old 01-14-2010, 08:15 PM
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I am now arguing that 50% conduct credits apply to county inmates serving county sentences.
I've made the same argument before 2 judges in the same courthouse.

The score:
One judge says of course it does apply.
The other judge across the hall says of course it does not apply.

As I predicted, this is not yet a settled issue. Here come the first wave of writs, filed by both sides.
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Old 01-26-2010, 12:54 AM
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Default Question regarding sb18???

Okay so my boyfriend was recently incarcerated in December of 2009 but the crime was supposedly committed in September. I cant really remember. He is in San Mateo county jail. His charges are for peeping- peeping tom which is a misdemeanor. His probation officer is throwing a year to his time for violating probation which is a prior case but for the peeping, he has four counts. He is not yet sentenced. But what I'm trying to find out bottom line is, is he eligible for the half time that will be going in effect and when will this be going in effect?
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  #13  
Old 01-26-2010, 09:00 AM
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Default Check Penal Code section 290(c)

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Originally Posted by jay8252 View Post
Okay so my boyfriend was recently incarcerated in December of 2009 but the crime was supposedly committed in September. I cant really remember. He is in San Mateo county jail. His charges are for peeping- peeping tom which is a misdemeanor. His probation officer is throwing a year to his time for violating probation which is a prior case but for the peeping, he has four counts. He is not yet sentenced. But what I'm trying to find out bottom line is, is he eligible for the half time that will be going in effect and when will this be going in effect?
It would depend on whether any of the four counts under which he is currently charged are "registerable" sex offenses under CA Penal Code (PC) section 290(c). Find out the EXACT statute(s) currently charged, then check to see whether any of them are listed in section 290(c). If he is ultimately convicted of (or pleads guilty to) any listed statute, then he would be ineligible for the increased credit (half-time).

And he would also be ineligible for any half-time under PC section 4019 if he has prior convictions for any "serious" felonies as listed under PC section 1192.7(c), or "violent" felonies as listed under PC section 667.5(c).

January 25, 2010 is the date that amended PC section 4019 takes effect.

South Bay Scott
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Old 01-28-2010, 08:30 AM
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Scott, help me understand this. For example, if an inmate is in County for 4 months prior to sentencing and otherwise qualifies, will the inmate receive 8 months credit?

Quote:
Originally Posted by South Bay View Post
HALFTIME IN COUNTY JAIL

Senate Bill 18 will modify Penal Code section 4019 to now allow day for day - or "half time" credits for many inmates in County Jail:

SB 18 X3 SEC. 50. Section 4019 of the Penal Code is amended to read:

4019. (a) The provisions of this section shall apply in all of the following cases:

(1) When a prisoner is confined in or committed to a county jail, industrial farm, or road camp, or any city jail, industrial farm, or road camp, including all days of custody from the date of arrest to the date on which the serving of the sentence commences, under a judgment of imprisonment, or a fine and imprisonment until the fine is paid in a criminal action or proceeding.

(4) When a prisoner is confined in a county jail, industrial farm, or road camp, or a city jail, industrial farm, or road camp following arrest and prior to the imposition of sentence for a felony conviction.

.SB 18 X3 takes effect on January 25, 2010.

South Bay Scott
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Old 01-28-2010, 12:00 PM
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Please bear with me if this is a really dumb question...

Will this have any impact on someone who is on probation following a County Jail term? Husband had a couple of possession controlled substance cases. It's a long story but basically after not complying a bunch of times the judge finally sentenced him to 180 days in LA County jail.

That's done but he's back on probation now for 3 years. Will this ruling make it harder for them to put him back in jail? (He's already missed a drug test and probably failed one but I'm not 100% sure on that part)

I know if he were on parole following prison know it would be harder for him to be revoked for missed / dirty tests.

But he's not on parole - just probation following his sentencing to the 180 in LA County. Will this rule make it harder for him to be called back to court (and ultimately get more jail time) for missed or failed drug tests? I'm trying to get a sense of how much wiggle room he'll have before he winds up back in jail assuming no new charges - if he fails to check in with probation each month (at the kiosk) or misses drug tests. I don't know if they'll call him back to court pretty fast or let it slide for awhile and if he does get called back to court if the judge will essentially tell him to not miss any more tests and let him go again or send him right back to County again. (or how long he could go back there for probation issues)

Also, at the start of his case we knew he could technically (but not likely) go to prison for up to 2 years on the felony posession charge. Now that he's done 180 days in County I think (but don't know?) if those cases are over now or if the prison time is still a possibility hanging over him.

Thanks for any info!

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Old 01-30-2010, 11:38 AM
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Default Only time will tell

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Scott, help me understand this. For example, if an inmate is in County for 4 months prior to sentencing and otherwise qualifies, will the inmate receive 8 months credit?
Hey ARoman,

Great question: only time will tell.

From your other posts, I assume you’re referring to a case in which a defendant is ultimately sentenced to a state prison term, in which case the judge at sentencing determines the amount of pre-sentence credit (and is shown on the Abstract of Judgment) with a maximum of 1/3 credit (prior to January 25, 2010). I haven’t studied the law closely, so I can’t say whether judges now have the discretion to award half-time to those who are sentenced to state prison, but the law does provide that any time spent in county jail after sentencing and prior to delivery to state prison is now credited by the CDCR (under the authority of PC section 2900.5(e)) at the 1/2 time credit earning status.

And most defendants who are ultimately sentenced to county jail time after January 25, 2010, will now retroactively earn the 1/2 time, so I believe your question turns on whether it is a denial of equal protection to treat the pre-sentence time of those defendants who are sentenced to state prison differently (less credit earning) than those who serve jail time only. Neither I nor anyone can say (legally speaking) whether this (or other) constitutional provisions are being violated, as the courts have not had time to sort out the issues left in the wake of SB 18 X3.

There was much litigation back in 1983 when the prison half-time law took effect, with the courts ultimately ruling that county jail inmates were not similarly situated (under equal protection analysis) as prison inmates, and therefore they could not receive half-time on ANY county jail time. As I recall, the courts reasoned that the intent of the Legislature was to provide half-time credit for those inmates who worked at a prison job (or went to school); that the law was intended only for prison sentenced inmates; and that the CDC had the discretion to grant or deny credit based on work performance. The law was sometimes referred to as the “Worktime Incentive Law,” with the “work” portion always being stressed.

But now that the work mantra of the old law has not been rigidly followed for inmates sentenced to county jail (although when sentenced they do still have to work and stay out of trouble per se, the rules are much less strict than for state prison inmates) perhaps the new law will be interpreted differently. Also, some county jail inmates never will end up working anyway, since some sentences are for time served while other sentences are arrived at relatively near the end of the presumed time to be imposed. So there is relatively little “incentive” in the new law for county jail inmates to work, and perhaps this circumstance can somehow be used to mitigate the presumed arguments by the district attorneys and state attorney general that the law is still intended as an incentive to work in jail or prison (when everyone knows it was actually enacted just to relieve jail and prison overcrowding).

There are many new issues, including:

If inmates sentenced to state prison start getting half-time from the day of sentencing, then why not allow half-time for the time prior to sentencing (since none of the affected inmates are working anyway during these time frames).

If inmates sentenced to county jail get half-time for all of their time (retroactively no less), then why not give the same credit for those sentenced to state prison.

These questions (and many more) all need to be sorted out by the courts, so expect decisions to start trickling out in the next few months from the superior courts, and in perhaps 6 – 12 months from the appellate courts. With the new allowances of half-time credit for qualified county jail inmates (and half-time credit between sentencing and delivery to prison for qualified state sentenced inmates), I believe those prison inmates who were not awarded half-time for ALL their days of pre-sentence credit on their eventual state sentence have a good argument for receiving it now. If I were so affected and in state prison, I’d certainly start working on a writ.

Anyone interested in this issue should try and follow (if possible) any Habeas Corpus writs filed in the CA Superior Courts, the rulings, and more importantly, the sure to follow appellate level decisions on this and other the related issues.

South Bay Scott

Last edited by South Bay; 01-30-2010 at 12:10 PM..
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Old 01-31-2010, 12:48 AM
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Quote:
Originally Posted by Gryphon View Post
I am now arguing that 50% conduct credits apply to county inmates serving county sentences.
I've made the same argument before 2 judges in the same courthouse.

The score:
One judge says of course it does apply.
The other judge across the hall says of course it does not apply.

As I predicted, this is not yet a settled issue. Here come the first wave of writs, filed by both sides.
Gryphon, I would like to know if there is any particular internet site or other avenue that you would recommend where I could periodically check the status of this particular issue of "county or not". My boyfriend is in county so I am trying to give him the best info I can. I have been searching constantly and have not come across any articles yet about the exact interpretation of the bill; although it definitely does need some. I consider it the most important issue cuz it's the key to my sweetie's release date. Would greatly appreciate any info you can give. Thanks
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Old 01-31-2010, 09:52 AM
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Scott, thank you for your response. I'm wondering if I spend the time, energy and money on a habeus corpus to get teh four month credit would it be worth it? By the time a ruling is handed down, he'll probably be out.
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Old 02-04-2010, 11:11 AM
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Quote:
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Scott, thank you for your response. I'm wondering if I spend the time, energy and money on a habeus corpus to get teh four month credit would it be worth it? By the time a ruling is handed down, he'll probably be out.
It depends on how much time is involved and when he is scheduled to get out. I think you are talking about 60 days of credit that could potentially be granted. And even if he prevails in the Superior Court, the CDCR could appeal and the issue would ultimately be decided later on by one of the appellate courts.

Additionally, researching all the issues surrounding the new law is not an easy process, as one should have a working knowledge of the history of credit earning statutes in CA (for both county jail and state prisoners); an understanding of the writ process, and knowledge and understanding of the intent of the Legislature when they passed SB 18 X3. Some CA prison inmates (who are not on yards subject to constant lockdowns) actually have adequate access to prison law libraries and this time and energy to research these issues, and I would expect that some of the writs on this will be filed pro se by such prisoners (or prepared by “jailhouse lawyers” on behalf of their prison “clients”).

Further, prison inmates have to exhaust their available administrative remedies by filing a 602 with the CDCR prior to filing a writ with the Superior Court. The 602 process (all the way through to the 3rd level decision), can take up to six months by itself. There is, however, an exception to the exhaustion requirement, if one can show with a certainty that the 3rd level decision in a similar case would be to deny the extra credit. It would seem too soon, however, to already have such a denial in writing, but if and when one is reached by the Secretary of the CDCR, if obtainable (the CDCR considers 3rd level decisions to not be a matter of public record—notwithstanding their precedential value for others), then the 3rd level denial could be attached to the writ to show that filing a 602 would be an exercise in futility.

Unless you’ve got lots of extra time and energy to devote to this writ (or can afford to pay an attorney to do so), I would instead suggest you sit back and watch the process unfold. You should also read the memo issued on February 2, 2010 by the Prison Law Office,* which I have attached to this post as a PDF.

Also, I just spoke with Heather Mackay, the author of the California State Prisoner’s Handbook (and the author of the attached memo). She said that any prisoners who still have their cases before a court, such as those on appeal (or potentially still within the time to file and appeal), should bring up any credit earning issues as part of their appeals.

South Bay Scott

* http://www.prisonlaw.com/events.php
Attached Files
File Type: pdf CreditNewLawLtr,Feb10.pdf (109.4 KB, 32 views)

Last edited by South Bay; 02-04-2010 at 11:44 AM..
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Old 02-04-2010, 10:22 PM
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Can any of this help someone that got arrested on a parole violation...????
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Old 02-05-2010, 10:09 AM
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Can any of this help someone that got arrested on a parole violation...????
From the Prison Law Office memo I attached to the above post:

What is unclear is whether the CDCR will also apply any of the new credit laws to time periods served prior to January 25, 2010. We do know that the CDCR has decided that parolees housed in county jails will not get half-time credit unless they came into custody on or after January 25, 2010; parolees who came into custody prior to that time and who remain at the county jail for their revocation terms will stay on one-for-two or “third-time” status.*

Thus it's hard to say what will happen to parolees. Parolees in actual CDCR custody (who are otherwise eligible for credit earning under Penal Code section 3057(d)) will probably receive half-time after January 25, 2010; but apparently those who remain in county jails will not (unless or until a parolee files a successful 602 and/or later prevails on a writ).

*Anyone interested in further information about the recent change in the law and credit issues should download and review the memo.

South Bay Scott
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Old 02-06-2010, 06:11 PM
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What's a 602? And would he able to obtain that form while he is custody?
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Old 02-07-2010, 01:15 PM
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Default CDCR Form #602 - Inmate/Parolee Appeal Form

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Originally Posted by luz1980 View Post
What's a 602? And would he able to obtain that form while he is custody?
What's a 602?

An inmate or parolee appeal form, used to appeal actions taken by the CDCR.

For more info, see these links:

1. http://www.vip-cali.com/CDCINFO/602.htm.

2. http://www.hawaii.edu/hivandaids/Information%20For%20People%20Incarcerated%20In%20C alifornia%20Prisons.pdf

3. http://www.prisonlaw.com/pdfs/appeal.pdf

And would he able to obtain that form while he is custody?

In prison, yes, but if he's in the county jail, he may have problems obtaining the form. A copy of the 602 form is included in link #3 above.

South Bay Scott

Last edited by South Bay; 02-07-2010 at 01:44 PM..
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  #24  
Old 02-08-2010, 05:02 PM
halebop halebop is offline
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is there any evidence that it's harder to get probation revoked as a result of this change? i know the change pertains to prison and parole and not jail and probation...but does the "philosophy" extend to the probation department?

will things like missed drug tests etc. get you jail time as quickly as they would have a year or two ago? (if anyone knows). btw, in my experience with my husband it wasn't too quickly a year or two ago either. he got a lot of chances before the judge was fed up with him - a lot. i'm just wondering if now he'll have even more leeway than before (he got 180 days in county and is not back on probation)

Last edited by halebop; 02-08-2010 at 05:03 PM..
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  #25  
Old 02-09-2010, 10:53 AM
halebop halebop is offline
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I just realized I said "not back on probation" in my post above. I meant "now back on probation" oops!
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