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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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Old 05-03-2018, 12:33 PM
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Default Prop 57, Part IV, Final Phase, Implementation (California)

In order to reduce repeated questions, please view the links below before posting. Thank you!!

Welcome to Prop 57, Part IV. What we hope to call “Final Phase, Implementation”.

Summary:
Prop 57 passed in November of 2016. Final regulations were adopted May 1 of 2018.

According to CDCR, the prop intends to:
“…enhance public safety, to stop the revolving door of crime by emphasizing rehabilitation, and to prevent federal courts from releasing prisoners. It also will require judges, rather than prosecutors, to determine whether juveniles charged with certain crimes should be tried in juvenile or adult court. It establishes a parole consideration process for non-violent offenders who have served the full term for their primary criminal offense and who demonstrate that they should no longer be considered a current threat to public safety. It also gives inmates the opportunity to earn additional credits for good behavior and participation in rehabilitative, educational, and career training programs, so they are better prepared to succeed and less likely to commit new crimes when they re-enter our communities.”

Quick Links:

Prop 57 FAQ (if you are new to Prop 57, please start here)
CDCR Prop 57 web page
Prop 57 Full Text (scroll all the way to the bottom of the document to see credit earning schedule)
Non-Violent Offender (NVO) Parole Process
Credit Earning Opportunities (Milestones, Education, Rehabilitation and Good Conduct)
Prison Law Office (PLO) Prop 57 Information Sheet (updated 3/2018)

Past PTO threads regarding Prop 57:
One, Two, Three

Other helpful links:
Jan 2018 news article explains details of Prop 57 and potential complications
Nonprofit group, Initiate Justice, for information, volunteer opportunities and news regarding changing regulations inside California

What is encouraged in this thread:
-Links to Prop 57 news stories
-Links to advocacy groups directly working on Prop 57 issues
-Posting of documents such as Prop 57 guides, memos or legal filings
-Questions regarding how Prop 57 may affect your loved one.

In an effort to ensure accurate and clear communication, please link or cite your source whenever possible. If you need help with posting a link or learning how to attach documents to your post, please contact a moderator.

As a reminder, this thread is for peer to peer advice only. We encourage you to discuss specific questions with a person of qualified legal background such as an attorney.

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Old 05-14-2018, 05:30 PM
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Default Sb 260

I have a question now that prop 57 is out does anyone know how this effects those that are youth offenders? Since he can earn credits will that change his sustainability hearing? It says for 260 it will happen on their 15,20,25th year in...
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Old 05-14-2018, 07:18 PM
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I have a question now that prop 57 is out does anyone know how this effects those that are youth offenders? Since he can earn credits will that change his sustainability hearing? It says for 260 it will happen on their 15,20,25th year in...
So for most people that fall under Youth Offender Parole guidelines, Prop 57 won't affect them at all. And by that I mean it will, but it won't. Ha! Ready?
Credits earned under Prop 57 come off of their EPD without the YOP factored in. Why? I have no idea. Everyone who doesn't qualify for YOP see those credits taken off their EPD, but because our loved ones have a YOP that is earlier than their original EPD, they don't see the benefit of the credits. I'll use my husband as an example:


Original sentence was 37 years at 85%.

Original EPD was July 2032
YOP is 2016
His EPD with credit adjustments due to Prop 57 is Dec 2031


In other words, it doesn't move up his YOP at all. So he can max out every credit, lick the boots of every CO and stay inside the lines all day long and it won't help him get days off. Except, that all the programming will impact the board when he does see them.

And people wonder why we're frustrated.
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Old 05-14-2018, 07:34 PM
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So for most people that fall under Youth Offender Parole guidelines, Prop 57 won't affect them at all. And by that I mean it will, but it won't. Ha! Ready?
Credits earned under Prop 57 come off of their EPD without the YOP factored in. Why? I have no idea. Everyone who doesn't qualify for YOP see those credits taken off their EPD, but because our loved ones have a YOP that is earlier than their original EPD, they don't see the benefit of the credits. I'll use my husband as an example:


Original sentence was 37 years at 85%.

Original EPD was July 2032
YOP is 2016
His EPD with credit adjustments due to Prop 57 is Dec 2031


In other words, it doesn't move up his YOP at all. So he can max out every credit, lick the boots of every CO and stay inside the lines all day long and it won't help him get days off. Except, that all the programming will impact the board when he does see them.

And people wonder why we're frustrated.


Well that sucks ass lol thank you for the info
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Old 05-14-2018, 07:41 PM
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Well that sucks ass lol thank you for the info

I couldn't agree more. Wish I'd had better news for us both.
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Old 05-14-2018, 07:46 PM
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I couldn't agree more. Wish I'd had better news for us both.
Hi My Husband YOP Is 2023 85% But Since Prop 57 It Will Only Go Down To 2022 ? Or
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Old 05-14-2018, 07:49 PM
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Hi My Husband YOP Is 2023 85% But Since Prop 57 It Will Only Go Down To 2022 ? Or

Prop 57 adjusts the percentage to serve for violent offenders from 85% to 80%. But, they only apply that change to the time between May 1, 2017 and their original EPD. I have no idea how they made that decision over applying it to the full term. I can't explain it, I haven't seen them adequately justify it.



You should be able to see the adjusted EPD on the inmate locator. What is there now will be the new EPD.
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Old 05-14-2018, 07:51 PM
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Prop 57 adjusts the percentage to serve for violent offenders from 85% to 80%. But, they only apply that change to the time between May 1, 2017 and their original EPD. I have no idea how they made that decision over applying it to the full term. I can't explain it, I haven't seen them adequately justify it.



You should be able to see the adjusted EPD on the inmate locator. What is there now will be the new EPD.


It says 12/21 so I guess it is what it is
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Old 05-14-2018, 07:53 PM
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It says 12/21 so I guess it is what it is

For his PED on the first screen of the locator? If it says 12/2021 then that's the year he'll qualify. You can click through to the next screen to see if there's any additional info there.

Was your LO under 18, 23 or 25 when committed his crime?
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Old 05-14-2018, 08:44 PM
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For his PED on the first screen of the locator? If it says 12/2021 then that's the year he'll qualify. You can click through to the next screen to see if there's any additional info there.

Was your LO under 18, 23 or 25 when committed his crime?


Under 18
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Old 05-14-2018, 08:48 PM
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For his PED on the first screen of the locator? If it says 12/2021 then that's the year he'll qualify. You can click through to the next screen to see if there's any additional info there.

Was your LO under 18, 23 or 25 when committed his crime?

This is what it says. Does that mean if he is not out 12/21 he goes back to board 6/22?


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Old 05-14-2018, 08:50 PM
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Under 18
OK, just checking because 12/2021 is also the deadline to hear SB261 determinate inmates so I was making sure that was his date and not the (annoying) placeholder they give 261 folks.

Well, shoot. I'm sorry. But I know the feeling. Hang in there, hun.
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Old 05-14-2018, 08:56 PM
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This is what it says. Does that mean if he is not out 12/21 he goes back to board 6/22?

Ugh. No, it means they don't anticipate having his hearing until June of 2022. Welcome to the club. We were eligible 4/2016, he's still not scheduled.
When Jennifer Shaffer spoke on a recent CARES for Youth call, she indicated that they were scheduling people based on their "anticipated eligibility", meaning people they believed would be approved. Not by the order of their date. No one asked me, but my opinion is that's complete BS and in our case has literally cost us years.

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Old 05-14-2018, 08:57 PM
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Ugh. No, it means they don't anticipate having his hearing until June of 2022. Welcome to the club. We were eligible 4/2016, he's still not scheduled.


That is super weak -_- I am actually disappointed now... but itís only 6 more months so I guess Iíll be ok
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Old 05-15-2018, 09:07 AM
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When Jennifer Shaffer spoke on a recent CARES for Youth call, she indicated that they were scheduling people based on their "anticipated eligibility", meaning people they believed would be approved. Not by the order of their date. No one asked me, but my opinion is that's complete BS and in our case has literally cost us years.
57 and other changes were in response to court mandate that CDCR maintains prison population no higher than 137% of capacity. I disagree with that arbitrary 137% number, but here we are.

I believe CDCR is motivated to release enough inmates to hit that number. CAREFULLY so released inmates "f" up and come back to bite CDCR and other politicians in the ass. In that same spirit I don't believe there is any motivation for CDCR to get below 137%. That should happen but won't.

They designed regulations so they have control. Control credits by how much program they offer; funds they put in place etc. Control early parole release by issues like you are talking about - scheduling based on "opinion" inmate will win parole instead of based on eligibility. They have ability to tighten and loosen how they manage everything as needed to maintain their 137% goal.

It does and has helped inmates. Not like we had hoped due to control provided to meet CDCR goals, not ours and our LO's goals.
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Old 05-15-2018, 09:20 AM
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Default Unintended Consequences

My son had attended inmate organized NA / AA meetings since he arrived in prison. There was always room in the meetings. He noted with 57 those meetings suddenly became jammed and had a higher percent of inmates who looked at meetings as easy credits as opposed to real interest in self help.

And because 57 mandates CO's have to be more involved in ILTAG's to ensure proper credits applied and other issues, it's difficult to expand availability.

He recently was moved to a different prison. Now he can't get into meetings and is on a waiting list he thinks could take a year to clear. All full because of 57.

Those who want to participate legitimately for self help might now find it more difficult. I wonder if others have experienced similar prop 57 related problems (unintended consequences)?
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Old 05-15-2018, 08:27 PM
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Those who want to participate legitimately for self help might now find it more difficult. I wonder if others have experienced similar prop 57 related problems (unintended consequences)?

Very good question. I know the staff requirement for ILTAG has stymied some programs at my husband's facility, as well.

I'm curious how the education departments, particularly on Level 4s, are doing. The wait list to get into the GED classes was a mile long and, at least his experience on a 4, was that the classroom was top of the list for contraband exchange and settling beefs. So people trying to keep their head down didn't go and people really wanting to earn that paper couldn't get in.
I have no serious solution, but it's really very frustrating and I completely agree that the scheduling of board hearings by their logic is a quick way to stay under the cap and "prove" to the feds that they're doing what they said they would do.
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Old 05-15-2018, 09:11 PM
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Very good question. I know the staff requirement for ILTAG has stymied some programs at my husband's facility, as well.

I'm curious how the education departments, particularly on Level 4s, are doing. The wait list to get into the GED classes was a mile long and, at least his experience on a 4, was that the classroom was top of the list for contraband exchange and settling beefs. So people trying to keep their head down didn't go and people really wanting to earn that paper couldn't get in.
I have no serious solution, but it's really very frustrating and I completely agree that the scheduling of board hearings by their logic is a quick way to stay under the cap and "prove" to the feds that they're doing what they said they would do.


My boyfriend has been taking ged classes he donít think he did good on the reading part I told him to just stay positive and donít give up.
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Old 06-18-2018, 11:00 AM
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From the Summer edition of the Initiate Justice newsletter, a quick update on Prop 57.

View original document here (our server isn't allowing uploads right now, I'll edit and attach when I can)

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Old 06-18-2018, 11:27 AM
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Is anyone elses loved one taking "GOGI" classes? Does anyone know how those credits will affect their time?
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Old 06-18-2018, 11:28 AM
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Is anyone elses loved one taking "GOGI" classes? Does anyone know how those credits will affect their time?


It doesnít help with credits it just looks good when they go to board
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Old 06-18-2018, 11:32 AM
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It doesn’t help with credits it just looks good when they go to board
Yep. It's a great program and with the option to start groups on yards that don't have them, it shows the board that you have leadership and mentorship qualities. Dr. Taylor who oversees GOGI is amazingly ambitious and always happy to help where she can.
I wish it qualified as an ILTAG, but hasn't happened yet.
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Old 06-18-2018, 11:34 AM
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My husband doesn't go to board. That means no time will be taken off for his "GOGI" courses?

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It doesnít help with credits it just looks good when they go to board
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Old 06-18-2018, 11:38 AM
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My husband doesn't go to board. That means no time will be taken off for his "GOGI" courses?


No none taken off but still a great program
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Old 06-18-2018, 11:44 AM
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Awww ok, yes I agree it's a great program.

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No none taken off but still a great program
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