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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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  #201  
Old 04-15-2017, 07:44 PM
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Originally Posted by gvalliant View Post
Thanks for pointing out PLO website. They are a reliable source. I had forgotten about them. I downloaded an April 6 letter they posted on prop 57 regulations and process. Page 3 has a summary of good time credits.
Reading that letter, it sure sounds like PLO thinks Good Time credits would cover the ENTIRE sentence, not just the remaining days moving forward from May 1.

Quoting here, I added the bolds:

"• 15%” credit means a prisoner gets credit for 15 percent of the days actually served, and [b]ends up serving about 85% of the actual time imposed.
• 20%” credit means a prisoner gets credit for 20% of the days actually served (one day credit for four days served) and ends up serving about 80% of the actual time imposed.
• CDCR's "33.3%” credit means a prisoner gets credit for 33.3% of the days actually served (one day credit for two days actually served) and ends up serving about 66.7% of the actual time imposed."

Still confused and still crossing fingers...
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  #202  
Old 04-15-2017, 07:49 PM
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Oh, and for what it's worth, the emergency credit regulations have been officially approved, so they will go into effect May 1.

http://www.oal.ca.gov/regulations/em...y_Regulations/
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  #203  
Old 04-15-2017, 07:50 PM
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Thanks qwerty! Only a couple more weeks and we should see how this looks in real life.
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  #204  
Old 04-16-2017, 08:17 AM
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Quote:
Originally Posted by qwerty View Post
Reading that letter, it sure sounds like PLO thinks Good Time credits would cover the ENTIRE sentence, not just the remaining days moving forward from May 1.

Quoting here, I added the bolds:

"• 15%” credit means a prisoner gets credit for 15 percent of the days actually served, and [b]ends up serving about 85% of the actual time imposed.
• 20%” credit means a prisoner gets credit for 20% of the days actually served (one day credit for four days served) and ends up serving about 80% of the actual time imposed.
• CDCR's "33.3%” credit means a prisoner gets credit for 33.3% of the days actually served (one day credit for two days actually served) and ends up serving about 66.7% of the actual time imposed."
Still confused and still crossing fingers...
But it's the "will earn" that worries me: Effective May 1, 2017, many prisoners will earn more Good Conduct Credits
so long as they comply with prison rules and programming duties.

I'm trying to manage my son's expectations but not working very well. He's been in an overflowing cup perspective since the proposal passed. This has been his most frustrating time in prison considering the endorsement to MCRP that has led to nowhere and not knowing when he will be actually released.
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Old 04-17-2017, 10:59 AM
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I remember when the state was ordered to increase time prospectively by the 3 federal judges. I took a screenshot of a conversation that pertained to the order thinking this is why PLO seems to think that it's for the entire sentence. I know that this is how my LO's time was recalculated. See attachment below.





Quote:
Originally Posted by qwerty View Post
Reading that letter, it sure sounds like PLO thinks Good Time credits would cover the ENTIRE sentence, not just the remaining days moving forward from May 1.

Quoting here, I added the bolds:

"• 15%” credit means a prisoner gets credit for 15 percent of the days actually served, and [b]ends up serving about 85% of the actual time imposed.
• 20%” credit means a prisoner gets credit for 20% of the days actually served (one day credit for four days served) and ends up serving about 80% of the actual time imposed.
• CDCR's "33.3%” credit means a prisoner gets credit for 33.3% of the days actually served (one day credit for two days actually served) and ends up serving about 66.7% of the actual time imposed."

Still confused and still crossing fingers...
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  #206  
Old 04-17-2017, 01:14 PM
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Originally Posted by Patrickj View Post
Residential burglary.(459P.C.) as of today is still defined under 667.5 which makes it a violent crime. Now with his new offense he is a double striker with a gun enhancement. Violent offenders aren't going to get much help from Prop.57 as of yet . P.C 460 makes it first degree 460P.C(a) Every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, or trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree.
I don't think so. 459PC is a serious felony, not a violent felony and is listed in California Penal Code section 1192.5 and yes, it is a strike.
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Old 04-17-2017, 02:15 PM
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I have not seen any indication the PLO thinks new good time credits are for the entire sentence. (Wish it were so). Here is what I just read on their website, followed by the link, which explains how we can comment:

"1. Effective May 1, 2017, many prisoners will earn more Good Conduct Credits
so long as they comply with prison rules and programming duties. Good Conduct Credits are
now available to all prisoners serving determinate (set-length) sentences and sentences of life with
the possibility of parole.1
There are different levels of credit eligibility depending on the
prisoner’s offenses and sentence. (See chart on next page)"

http://prisonlaw.com/wp-content/uplo...ril-6-2017.pdf

That tells me that there is so far no way to no earn good conduct credits since beginning of sentence. There is also a chart of how much time everyone can reduce their sentences, if they can build up enough good time credits. Disappointing, but maybe this will change after public comment period.





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Originally Posted by jilkenma View Post
I remember when the state was ordered to increase time prospectively by the 3 federal judges. I took a screenshot of a conversation that pertained to the order thinking this is why PLO seems to think that it's for the entire sentence. I know that this is how my LO's time was recalculated. See attachment below.
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  #208  
Old 04-17-2017, 03:53 PM
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Originally Posted by 2sleepy View Post
I don't think so. 459PC is a serious felony, not a violent felony and is listed in California Penal Code section 1192.5 and yes, it is a strike.


If the residence which the burglary was committed, If someone is home during the burglary it is a violent crime

667.5(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary. http://leginfo.legislature.ca.gov/fa...ctionNum=667.5.

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Old 04-17-2017, 03:59 PM
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Thanks for this. It was what Qwerty wrote and I remembered that thread where the credits were prospective and the way Anarchy explained it - thinking that perhaps it was applicable in this case since it too is prospective. I'm trusting all will workout for our loved ones.

Thank you again.

Jill


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Originally Posted by marie8899 View Post
I have not seen any indication the PLO thinks new good time credits are for the entire sentence. (Wish it were so). Here is what I just read on their website, followed by the link, which explains how we can comment:

"1. Effective May 1, 2017, many prisoners will earn more Good Conduct Credits
so long as they comply with prison rules and programming duties. Good Conduct Credits are
now available to all prisoners serving determinate (set-length) sentences and sentences of life with
the possibility of parole.1
There are different levels of credit eligibility depending on the
prisoner’s offenses and sentence. (See chart on next page)"

http://prisonlaw.com/wp-content/uplo...ril-6-2017.pdf

That tells me that there is so far no way to no earn good conduct credits since beginning of sentence. There is also a chart of how much time everyone can reduce their sentences, if they can build up enough good time credits. Disappointing, but maybe this will change after public comment period.
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  #210  
Old 04-17-2017, 06:16 PM
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Is there supposed to be another public comment period after May 1st? For some reason I thought all public comment periods had passed.
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Old 04-17-2017, 10:41 PM
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Is there supposed to be another public comment period after May 1st? For some reason I thought all public comment periods had passed.
No public comments left on emergency regulations Tina. Those are passed and will be in place until about late September.

Thursday and Monday there are public hearings in Sacramento on budget for prop 57. Funding for prop 57 matters of course. And the budget committees do have power to make changes to prop 57 regulations (as I understand to permanent, not emergency regulations).

Sometime between May and September there will be public hearings on aforesaid permanent regulations. Those hearings are not scheduled yet.

I agree with marie8899's assessment re PLO and good time credits not being applied to entire sentence. I do not see that at all. We wish they were. But not yet. This is something we have to push to be changed in the permanent regulations. Only enhanced / educational credits will be applied retroactively under emergency regulations.
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  #212  
Old 04-17-2017, 10:54 PM
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No public comments left on emergency regulations Tina. Those are passed and will be in place until about late September.

Thursday and Monday there are public hearings in Sacramento on budget for prop 57. Funding for prop 57 matters of course. And the budget committees do have power to make changes to prop 57 regulations (as I understand to permanent, not emergency regulations).

Sometime between May and September there will be public hearings on aforesaid permanent regulations. Those hearings are not scheduled yet.

I agree with marie8899's assessment re PLO and good time credits not being applied to entire sentence. I do not see that at all. We wish they were. But not yet. This is something we have to push to be changed in the permanent regulations. Only enhanced / educational credits will be applied retroactively under emergency regulations.
Thank you!! Your posts are always very helpful. I understand more about how this process will go now.

I think the two of you are right about the good time credits not applied to the whole sentence. I just don't see how they could be with what I have read so far Maybe this will change after the rest of the public hearings.
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  #213  
Old 04-18-2017, 11:00 AM
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Hubby is on a level 1 yard and said the staff did training on last week for new classification. He also mentioned something about enchantments being removed. Has anyone heard anything about this?
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Old 04-18-2017, 11:32 AM
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Hubby is on a level 1 yard and said the staff did training on last week for new classification. He also mentioned something about enchantments being removed. Has anyone heard anything about this?
Awesome to hear staff are having training on classification changes. This will be one of the bigger areas of impact because it affects everyone-- going home or not.

There has never been mention (from the CDCR side) of dropping enhancements. There has been a lot of confusion, however, around the lines of 57 that apply to NVO parole and the timing of eligibility. Right now per the emergency regs, NVOs (save for a list of exceptions such as third-strikers and SOs) are eligible for parole consideration after serving their primary term and before any alternative sentencing/enhancements are applied. Those terms are not removed and will be served if the inmate is denied parole.
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Old 04-19-2017, 12:27 PM
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One thing I still don't understand is: What is the purpose of emergency regulations, if they can be changed? Suddenly, you could lose whatever credits you were allowed to build up when the permanent regs come into being? It doesn't make any sense to me. On the PLO site, it says:

"To permanently adopt the Proposition 57 regulations, the CDCR must go through a formal
rulemaking process within 160 days after the emergency regulations are filed with the Secretary
of State; otherwise the emergency regulation will lapse and no longer be in effect. However, the
CDCR may to have the deadline extended for an additional 90 days."

So, can someone explain why is this is an "emergency" if the regulations could be changed or removed?

Last edited by marie8899; 04-19-2017 at 12:34 PM..
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Old 04-19-2017, 01:15 PM
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Originally Posted by marie8899 View Post
One thing I still don't understand is: What is the purpose of emergency regulations, if they can be changed?
[...]
So, can someone explain why is this is an "emergency" if the regulations could be changed or removed?
I could be wildly off, but I'll throw my guess out:
Because this was passed by voters without having been written in full, they used emergency regs as a way of creating a starting point for things like public commentary period, budget committee hearings, ect. All of that could have happened before if the proposition had been written in full before voting.
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  #217  
Old 04-19-2017, 02:35 PM
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A very active admin in a group I'm in just posted this:
Just got a call from Prison Law Office and they said they have updated their letter titled INFORMATION ON PROPOSITION 57 NEW PRISON CREDIT RULES AND NONVIOLENT OFFENDER PAROLE CONSIDERATION. Newest version in dated 19 Apr 2017
Prop-57-Parole-and-Credits-April-19-2017 (1).pdf
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Old 04-19-2017, 02:51 PM
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A very active admin in a group I'm in just posted this:
Just got a call from Prison Law Office and they said they have updated their letter titled INFORMATION ON PROPOSITION 57 NEW PRISON CREDIT RULES AND NONVIOLENT OFFENDER PAROLE CONSIDERATION. Newest version in dated 19 Apr 2017
Attachment 74254
I may have missed this in other releases, but for those who have LOs with STG status-- you may want to read carefully the sections that apply to NVO parole hearings.

Maybe of interest to SonsMother-- it says:
2. The prisoner must have good behavior in prison. Also, the prisoner’s Nonviolent Parole Eligible Date must be at least 180 days before the prisoner’s regular Earliest Possible Release Date (EPRD).

I'm not recalling the exact timeline of your son's sentence, but this makes it sound that if his NVO hearing would be within six months of his existing EPRD, they will defer to the EPRD. Is that how others are reading it?
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Old 04-19-2017, 06:06 PM
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I may have missed this in other releases, but for those who have LOs with STG status-- you may want to read carefully the sections that apply to NVO parole hearings.

Maybe of interest to SonsMother-- it says:
2. The prisoner must have good behavior in prison. Also, the prisoner’s Nonviolent Parole Eligible Date must be at least 180 days before the prisoner’s regular Earliest Possible Release Date (EPRD).

I'm not recalling the exact timeline of your son's sentence, but this makes it sound that if his NVO hearing would be within six months of his existing EPRD, they will defer to the EPRD. Is that how others are reading it?
Thanks for thinking of us. He is a VO based on the 667.5 penal code. Since the proposition never stated what was considered to be a VO, it was never clear to me if he would continue to be a VO - based on the emergency regs, it appears he does. That's his understanding as well. (There was a recent budget statement, however, where it appeared that some VOs may be eligible for the early parole hearing - he would be a strong candidate for that if that turned out to be true - however, his EPRD would be less than 180 days by then.)

So, he may have little to no impact from proposition 57 unless the good time credits are for the full sentence. He would earn milestone credits if they were retroactive but so far they are not.

I'll just be so glad when this is all over. We've all learned a great deal about the prison world and definitely have developed empathy for those within. I'm very happy that CA has recognized that they have been over-sentencing their inmates.
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  #220  
Old 04-19-2017, 06:18 PM
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So, he may have little to no impact from proposition 57 unless the good time credits are for the full sentence. He would earn milestone credits if they were retroactive but so far they are not.
Ahh, that's what it was. The time frame (or 60 day cut off, as it were) for credit earnings. I had it confused. Sorry about that.
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Old 04-19-2017, 08:55 PM
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this makes it sound that if his NVO hearing would be within six months of his existing EPRD, they will defer to the EPRD. Is that how others are reading it?
I had noticed that 180 day clause and yes agree with your assessment. I can see the logic. Processing and deciding on early parole is bound to take several months. If EPRD is 6 months there is little to no impact on release. Better they focus effort on those whose EPRD is further out.

I'm only making the Monday senate budget meeting now. Too much time and expense to make trip from SoCal to Sacramento for both budget meetings. Taina Vargas Edmond of Initiate Justice just told me she has been asked to provide testimony for the Monday hearing with CDCR and LAO. Public comment will follow the presentations. She will give direct voice for inmates with her presentation, focus on improvements they are seeking and we have been discussing in this thread. I'll see her Sunday before the hearing and try to share thoughts many folks have expressed here, understanding she has priorities - and I'm sure time limits on her presentation.

Good for her...a big help to our LO's.
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Old 04-21-2017, 11:11 AM
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Agenda for Monday April 24th Assembly Subcommittee #5 Hearing at 2:30
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  #223  
Old 04-21-2017, 11:29 PM
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I'm confused ....to me it sounds like even VOs are eligible for milestones and education credits. is that really true? Cuz that's awesome
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Old 04-21-2017, 11:50 PM
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I'm confused ....to me it sounds like even VOs are eligible for milestones and education credits. is that really true? Cuz that's awesome
yes, they are
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Old 04-22-2017, 09:08 AM
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Agenda for Monday April 24th Assembly Subcommittee #5 Hearing at 2:30
I could find nothing about whether good time credits would apply to the full sentence or not. No explanation or concern given.

It makes sense that milestone credits would be going forward per the effective date because these inmates did not earn milestone credits in the past.

It does not make sense that the good time credits when changed would not apply to the full sentence. In fact, it could lead to all kinds of issues as who/how would they be pro-rated? And would the counselor and/or committee do pro-ration always? Pro-ration could be needed by the day rather than month. I would think if pro-ration was part of the picture, it would be stated somewhere in all of these documents. If pro-ration is needed, it will be more costly overall. Budget should be looking at that. Would need more training, more written procedures and more effort to execute with little payback in regard to prison reduction (and could lead to more lawsuits).
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