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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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  #1001  
Old 11-25-2017, 11:33 AM
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Originally Posted by ChocoholicMom View Post
Fyi, for those who know the courts and the system. My husband is a black man and was convicted in Orange county, ca. Anyone who understands that will understand it didnt matter if i brought johnnie cochran back from the dead, they were going to convict him anyway. The entire justice system is screwed up becuase there is no way a case from 1996 should have been used against my husband to give 5 years for a prior felony. He was convicted in part becuase he refused a plea deal which his co-defendants took, so of course your sentenced harsher. How can you add gang enhancement when hes mot in gang file or habe a gang record? I know there are some who feel they have legal expertise but not everything is black and white and just because it's written as legal doesn't mean it's right. Hell slavery was legal didn't make it right.
Unless you plan to go to retrial, he needs to address the gang issue as-if it were true. I wish there was another way, but Board will look at his avoidance of the subject on a charge that stuck and view that unfavorably. Find some tiny piece of it that fits (mentality, association with other criminal addicts, whatever) and make it work in his favor.

Mine was used an example, as well. Young man of color in San Bernardino with no criminal background. Three years in county because his PD knew they were going to hang him up anyway and she wanted him to get the most from that time. He still got 37 years. It's gut-wrenching. I get it. But that means that your husband and mine need to work twice as hard to get out. We can encourage them to do that (while fighting via social justice channels) or we can lament their situation. Hell, some days I do both.

It's not fair, but this isn't about their sentencing anymore, it's about their parole.
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  #1002  
Old 11-25-2017, 01:22 PM
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Originally Posted by ChocoholicMom View Post
He was convicted of residential burgarly, non occupied, no victims and no property damage or items taken. That's obviously how he was even eligible to be considered. The crime is not violent or again an inmate would not even be considered and would not recieve a letter stating they are in review.

Again, no witness stated they saw my husband coming out of a garage and that was the lie I spoke of. As I previosuly stated I was in court and have the transcripts. The home owner was never there. By point if the post was to inform other that it appears no matter what institutional behavior their lo has, parole board is not deciding in their favor
Just a key point here....you did not mention that the enhancement for street terrorism was included in the sentence earlier (it may be stated elsewhere on the boards but didn't immediately come to mind.) That might be a key detail.

The board can deny parole for any reason they see fit during the review. They are not REQUIRED to release an inmate. The law allows for CONSIDERATION, it does not require release, and the standard for release is not defined by the law. Big reason I opposed 57: CDCR gets to write its own rules. Why did we decide to hand all the power over to CDCR? They can tighten or loosen the rules any way they want, any time they want, and have "unwritten rules" about who should or shouldn't get released and why or why not. Chances are one of those unwritten rules is that they will deny release on this particular enhancement.

Is it fair? No. Were the voters deceived? Absolutely. Which isn't to say SOME won't get out under 57. But the STEP enhancement is a big deal and probably the grounds for denial here. (Although they SHOULD have indicated that if it were the case.)

If, in fact, the presentation of reason for denial was wrong, he should appeal the decision and lay out the facts of what is in the record. I'm not clear on that exact process and don't have a Title 15 in front of me, but a quick search seems to indicate that he would need to file his appeal with the appeals courts rather than with the parole board itself which can take several months just for the court to hear his case. I would think, if what you're saying about the record is true, that would be grounds for an appeal (whether it would be successful or not I could only begin to guess.) It might be worth it to have a consult with an appeals attorney to determine if this course of action would be worthwhile.

Look, I hated this law from the get-go because I don't feel like giving a state agency the power to re-write state law when it would go against the interests of said state agency to enforce that law and also give it power to determine when to enforce it and when not to enforce it is a good idea. It is also not my place to judge your husband. I assume what you've presented to us is all true, so please bear in mind that what I am trying to say here is trying to explain how the law works and how it doesn't work and is not an indictment of your husband. It sounds like he's making a tremendous effort and has done so even before 57 was on the ballot. He should be commended for that and THAT should have gotten more weight because he was doing it even before he knew he might get out even sooner. I wish him luck, and even if this doesn't break his way right now I hope his efforts will result in him getting home much sooner than you thought when he was sentenced. I'd imagine his date has moved up considerably already without factoring in the parole possibility.

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  #1003  
Old 11-25-2017, 03:43 PM
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Quote:
Originally Posted by ChocoholicMom View Post
Fyi, for those who know the courts and the system. My husband is a black man and was convicted in Orange county, ca. Anyone who understands that will understand it didnt matter if i brought johnnie cochran back from the dead, they were going to convict him anyway. The entire justice system is screwed up becuase there is no way a case from 1996 should have been used against my husband to give 5 years for a prior felony. He was convicted in part becuase he refused a plea deal which his co-defendants took, so of course your sentenced harsher. How can you add gang enhancement when hes mot in gang file or habe a gang record? I know there are some who feel they have legal expertise but not everything is black and white and just because it's written as legal doesn't mean it's right. Hell slavery was legal didn't make it right.
I am well aware of Orange county , Riverside , Sacramento County and several other counties in this state that will try and railroad a person.
One thing I never buy for a defense is race. If that was the case I should have never went to prison by your statement here. I am a white, educated Christin male from a upper class family. That didn't stop the judge from locking me up the three times I went to prison. In fact on my first case the judge clearly stated that a person with my education and social up bringing should know better then to do what I did. I went to prison three times for armed robbery. I received 10 years in enhancements plus three years for the robbery on my last term. Luckily there wasn't a parole board then I did my 50% then did three years on paper . No matter how they change the law the enhancements that you speak of that your loved is convicted of will never be taken lightly. Those kind of enhancements have a long case history behind them and why they are justifiable applied. The people of California got tired of what was going on and still going on with the activities of gangs and its members. OR people that associate with them
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  #1004  
Old 11-28-2017, 12:06 PM
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According to LSA the release of the new Prop 57 regs are imminent. Fingers crossed we'll see the much needed changes.
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Old 11-28-2017, 01:26 PM
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According to LSA the release of the new Prop 57 regs are imminent. Fingers crossed we'll see the much needed changes.
Just to be clear, these new regs are revisions as the result of the comment period written to meet the December 1st (or is it 21st? *edit) deadline (am I remembering that right?) Or something else?
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  #1006  
Old 11-28-2017, 02:08 PM
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I think the deadline is December 21st. Is there another comment period once these are submitted? I know after this they have one more postponement they can use, if needed that will have a March 21st deadline. Just not sure if thereís a comment period for both.




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Just to be clear, these new regs are revisions as the result of the comment period written to meet the December 1st deadline (am I remembering that right?) Or something else?
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Old 11-28-2017, 02:10 PM
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I think the deadline is December 21st. Is there another comment period once these are submitted? I know after this they have one more postponement they can use, if needed that will have a March 21st deadline. Just not sure if thereís a comment period for both.


21st might be the correct day....trying to recall without scrolling through several hundred posts.

Iím unclear on whether a second comment period is coming or not. I think it is, but not sure. If someone with a fresher memory could clarify thatíd be appreciated.
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  #1008  
Old 11-28-2017, 03:08 PM
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Yes, Dec 21st would be the deadline for the first extension and they have an option to extend again.

Also keep your eyes peeled for the latest Title 15. It's been delayed in release, but will contain some game-changers. Happy Holidays, y'all.
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Old 11-29-2017, 12:55 PM
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http://www.cdcr.ca.gov/Regulations/A...nt_Prop_57.pdf

Bottom line and most asked questions: No, third strikers/lifers are NOT included in Prop. 57; retro credits will be awarded for Educational Merit and Extraordinary Conduct only; the definition of what constitutes a 'violent offense' remains that outlined in PC 667.5 (c), and 667.5 (c) 7, which includes lifers and third strikers; no increase in the rate of good conduct credits other than previously announced and no further application of credits will be applied to impact the timing of YOPH hearings.

SMH
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Old 11-29-2017, 01:38 PM
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Looks like I get to get reeducated on the Title 15 once again. Wish they would get this stuff done right once , so we don't have to wear our eyes out in the Title 15. We know there is still more to come.
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Old 11-29-2017, 01:39 PM
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Highly disappointed about the retro credit issue. Sense that there will be a class action filed on behalf of the inmates who are getting jipped because they happened to get locked up before May 1st.
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Old 11-29-2017, 04:47 PM
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Looks like there is a 15 day public comment period on the regs released today.

See CDCR response to release of regs and most common comments (from 45 day period) here.
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Old 11-29-2017, 10:06 PM
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Thank you all for being so informative! I've learned so much from missingdee miamac and partickj!
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Old 11-29-2017, 10:07 PM
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I really appreciate you for giving each one of us updates miamac MissingDee and the rest as well
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Old 11-29-2017, 10:26 PM
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...[Section 3043.5. Educational Merit Credit. is amended to read:High School Diploma, GED, or High School
Equivalency
approved by the California Department of Education=90 days....]

G.E.D is now striked out. That means the GED is no longer eligible for educational merrit credit, right?

Are the G.E.D and high school equivalency different? I thought they were the same. I wish I would have asked my bf what he's working on now exactly, they wouldn't have him working on his G.E.D if the high school equivalency is what is actually needed to receive credit, would they? Does the CDCR offer both the HSE and GED?
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Old 11-29-2017, 10:33 PM
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...[Section 3043.5. Educational Merit Credit. is amended to read:High School Diploma, GED, or High School
Equivalency
approved by the California Department of Education=90 days....]

G.E.D is now striked out. That means the GED is no longer eligible for educational merrit credit, right?

Are the G.E.D and high school equivalency different? I thought they were the same. I wish I would have asked my bf what he's working on now exactly, they wouldn't have him working on his G.E.D if the high school equivalency is what is actually needed to receive credit, would they? Does the CDCR offer both the HSE and GED?


No, they expanded the definition. GED is considered a high school equivalency. Iím not sure what other high school equivalencies are available in prison or if they have other programs for equivalency in mind, but it opens up the possibility to multiple ways to complete high school in prison. GED is still an option to obtain that credit.
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Old 11-29-2017, 10:39 PM
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No, they expanded the definition. GED is considered a high school equivalency. Iím not sure what other high school equivalencies are available in prison or if they have other programs for equivalency in mind, but it opens up the possibility to multiple ways to complete high school in prison. GED is still an option to obtain that credit.

Thank you! That wording threw me off a little.
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Old 11-29-2017, 10:40 PM
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Thank you! That wording threw me off a little.


I think they just wanted to cross their Iís and Dot their tís

Seriously, GED is an equivalency so I think they kept the language broader to enable possible future options for high school graduation. Perhaps an in-house program that doesnít require an exit exam or something.
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Old 12-07-2017, 04:02 PM
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Hello... has anyone heard that cdcr stopped all education programs and testing until sometime next year until they can figure out the credit earnings towards it? & that good credit earning went back to 6 weeks instead of 12 weeks? TIA
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Old 12-07-2017, 04:33 PM
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Hello... has anyone heard that cdcr stopped all education programs and testing until sometime next year until they can figure out the credit earnings towards it? & that good credit earning went back to 6 weeks instead of 12 weeks? TIA
No. My husband is a clerk in education at his facility and just told me yesterday that they're really busy getting people in for their final exams and year-end reports.

The 12 weeks of potential Milestone credits remains part of the regulations for Prop 57.
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Old 12-07-2017, 06:24 PM
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My husband was told that today in class. Everyone was pretty upset about it.
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Old 12-07-2017, 06:31 PM
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My husband was told that today in class. Everyone was pretty upset about it.
It may be that they are ending education for the rest of 2017 at his facility and resuming after the New Year. But CDCR as a whole is not, to the best of my knowledge (and I will ask this weekend) ending coursework.

The 12 credits of Milestones would be listed in the permanent Prop 57 regulations. Page 6 of the revised version released Nov. 29th shows 12 weeks of credit. If that's changed, it has not been stated by CDCR or any of their representatives.

To be blunt: the last people that need to be discussing regulations or what CDCR is doing is facility staff unless they are a counselor. And even they seem to be at the end of the line for training.
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Old 12-07-2017, 09:56 PM
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I agree, this information came from his teacher.. & I was thinking the same thing that maybe it's over for the 2017 year, and that maybe they were all confussed with what was said.. thank you I appreciate you asking about it this weekend!!
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Old 12-07-2017, 10:44 PM
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Default Milestone credits

I just read on Facebook that milestone credits are being rescinded daily and inmates who thought they were going home - aren’t. And talk of picking those up who have already paroled and locking them back up. I’m sorry but I don’t know what’s worse - the political climate in DC or CDCR. Frankly, they’re one in the same at this point with voters telling politicians what we want and the politicians telling us no we don’t - but something has got to give. Anyway, see the post below. One thing that I know is not true is the statement about the public comment period closing on the 15th, because it hasn’t started yet. Also, I read somewhere that CDCR is proposing to request its last extension in which the deadline will be March 21, 2018.

Last edited by jilkenma; 12-07-2017 at 11:36 PM.. Reason: Add more info
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Old 12-07-2017, 10:57 PM
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I just read on Facebook that milestone credits are being rescinded daily and inmates who thought they were going home - aren’t. And talk of picking those up who have already paroled and locking them back up. I’m sorry but I don’t know what’s worse - the political climate in DC or CDCR. Frankly, their one in the same at this point with voters telling politicians what we want and the politicians telling us no we don’t - but something has got to give. Anyway, see the post below. One thing that I know is not true is the statement about the public comment period closing on the 15th, because it hasn’t started yet. Also, I read somewhere that CDCR is proposing to request its last extension in which the deadline will be March 21, 2018.
Here's what I know:
The regulations released on Nov. 29th include 12 weeks of milestone credits.
The memo from CDCR released the same day says there will be a 15 day public commentary period, but doesn't say when it is. Typically it's been upon release of the regulation. But it doesn't list a closing date.

If they are in public commentary period (or have yet to have it), then the regs that were released ARE the regulations in action, temporary though they may be. They cannot act against them until, or unless, they are formally changed.


Where is this coming from? I know, I know...reliable source.

I friggin' hate rumors.

edit: I can't say I disagree with the bit about CDCR being disinterested in releasing people, but that's not news. Never was.

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Implementation of Inmate Credit Earning Program at California out of state correction Shari California General Prison Talk 5 09-29-2010 10:57 PM
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