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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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  #51  
Old 10-08-2017, 08:51 PM
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Originally Posted by Niner1 View Post
It is the day of the offense . So if governor brown signs the bill, he will qualify and be eligible for a hearing at 25 years .
Ohhhh my goodness!!! I think I'm about to pass out of happiness!! If he signs it I'm definitely passing out. Lol. And when would we know if he'll sign?
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  #52  
Old 10-08-2017, 09:06 PM
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I think within the next two weeks or so the governor has to sign or veto the bill.
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  #53  
Old 10-11-2017, 06:58 PM
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Do my eyes deceive me? Or was the bill signed today???

https://www.gov.ca.gov/news.php?id=20011
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  #54  
Old 10-11-2017, 07:12 PM
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Originally Posted by KobeDeuce View Post
Do my eyes deceive me? Or was the bill signed today???

https://www.gov.ca.gov/news.php?id=20011
Congratulations, it looks as though it was signed.

For those new to the existing processes of SB260/261, you can reference this thread for information. The qualifications and hearing eligibility process *should* be the same except to bump the age up to 25.

I don't yet know if they will have new deadlines for having hearings, I expect we'll see CDCR publish that information shortly. Be aware that folks under 261 are sitting with a deadline of Dec 31, 2017 for indeterminates and Dec 31, 2021 for indeterminates. That means that even if your eligibility date has passed, you will be on a waiting list for your hearing.

As with everything we experience with CDCR, patience patience, patience.

Happy to hear the news!
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  #55  
Old 10-11-2017, 08:54 PM
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YESSSS!!! Thank you so much for confirming *happy dance*

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Congratulations, it looks as though it was signed.

For those new to the existing processes of SB260/261, you can reference this thread for information. The qualifications and hearing eligibility process *should* be the same except to bump the age up to 25.

I don't yet know if they will have new deadlines for having hearings, I expect we'll see CDCR publish that information shortly. Be aware that folks under 261 are sitting with a deadline of Dec 31, 2017 for indeterminates and Dec 31, 2021 for indeterminates. That means that even if your eligibility date has passed, you will be on a waiting list for your hearing.

As with everything we experience with CDCR, patience patience, patience.

Happy to hear the news!
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  #56  
Old 10-12-2017, 09:01 AM
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I read the pins, but i still need some clarrification. My fiance had two strikes at 16 involving guns. Then his third strike at 24 involving a weapon. Does he still qualify after he setves his 25 years?. Thank you
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  #57  
Old 10-12-2017, 09:33 AM
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Yesss!!! I can’t even believe it!!! I’m soooo happy. Before yesterday we had 12 years left. Now we’ll be eligible for board in 5
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  #58  
Old 10-12-2017, 11:38 AM
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I read the pins, but i still need some clarrification. My fiance had two strikes at 16 involving guns. Then his third strike at 24 involving a weapon. Does he still qualify after he setves his 25 years?. Thank you
I believe he would not qualify but you would need to look at the penal codes from his sentencing (step three on the chart) and even then, I believe step five would disqualify him. But he should follow up with his counselor regarding eligibility or write to Sacramento to be sure.

For everyone's reference, this is an old flowchart that still applies, just change the max age to 25.
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  #59  
Old 10-12-2017, 03:53 PM
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Originally Posted by miamac View Post
I believe he would not qualify but you would need to look at the penal codes from his sentencing (step three on the chart) and even then, I believe step five would disqualify him. But he should follow up with his counselor regarding eligibility or write to Sacramento to be sure.

For everyone's reference, this is an old flowchart that still applies, just change the max age to 25.
His first 2 were at 16 the one that gave him the third strike was the only offense after the age of 18. So maybe i will have him check into it
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  #60  
Old 10-12-2017, 04:14 PM
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His first 2 were at 16 the one that gave him the third strike was the only offense after the age of 18. So maybe i will have him check into it
I'm sorry, I was thinking age 23 still as applied to step five and not the new limit of 25, so that one wouldn't factor in. My mistake. They've bumped this from 18 to 23 now to 25. My brain stutters sometimes.

Step three will be the one to clarify whether his charge disqualifies him for YOPH.

I can say that the new inmate locator features do update to reflect the PED for youth offenders under SB260/261 and explicitly state that they are YOPH eligible. It's too early for this AB to show, but it's another way you can see if your LO has been determined eligible.
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  #61  
Old 10-13-2017, 01:33 AM
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AB-1308: Youth offender parole hearings.


On 11-OCT-17 the following history action was applied:

"Approved by the Governor."


ITS PASSED!!!!
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  #62  
Old 10-16-2017, 10:35 AM
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Thumbs up Ab 1308 update

Good morning, I was just curious if anyone knows how long we should be waiting to see updates on the inmate locator for all qualified AB 1308 inmates?
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  #63  
Old 10-16-2017, 10:41 AM
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Good morning, I was just curious if anyone knows how long we should be waiting to see updates on the inmate locator for all qualified AB 1308 inmates?
They didn't have the info on the locator when they passed 260/261 so I'm not exactly sure. I would think in the next 3-6 months. That seems like a long time, but I'd rather overestimate than under. I'd pop on once a month and check and if anyone sees the status of their LO change, please let us know!
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  #64  
Old 10-16-2017, 10:52 AM
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Originally Posted by miamac View Post
They didn't have the info on the locator when they passed 260/261 so I'm not exactly sure. I would think in the next 3-6 months. That seems like a long time, but I'd rather overestimate than under. I'd pop on once a month and check and if anyone sees the status of their LO change, please let us know!
AMEN! I will definitely keep a look out and let you know if I see any changes Thanks!
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  #65  
Old 10-18-2017, 06:00 PM
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From Fair Sentencing for Youth, a helpful guide to Youth Offender Parole. Helps guide you through all your basic FAQs, vocabulary (YPED, MEPD, ect) and how to prepare.

Click here to view.

Update:
The deadlines for 1308 are posted in here. Be aware that they will not necessarily align with the following guideline while BPH plays catch up. See the second paragraph for dates.
Pg 10
When will my first hearing be?
If you only have determinate (flat) sentences and no “L” (life sentence), you are eligible for your first hearing no later than during your 15th year of incarceration.
A determinate sentence is one without any “life” terms. It is a set number of years. PC 3051(b)(1).

Under AB 1308, when does the Board have to complete initial hearings for those who were under age 26 at the time of their crimes and are already eligible for a first hearing?
AB 1308 will take effect January 1, 2018. By January 1, 2020, the Board must complete initial hearings for people with life sentences (“lifers”) who have reached their YPED by the effective date of AB 1308. PC 3051(i)(3)(A). By July 1, 2020, the Board must complete initial hearings for people who became eligible for a Youth Offender Parole Hearing under SB 394 and will have served 24 years by that date. PC 3051(i)(4). By January 1, 2022, the Board must conduct initial hearings for people with a determinate sentence (“no L”) who have reached their YPED by the effective date of AB 1308. PC 3051(i)(3)(B). Note that these dates do not apply to people who have already had a parole hearing or who were eligible for Youth Offender Parole before AB 1308 went into effect.

Last edited by miamac; 10-18-2017 at 06:15 PM..
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  #66  
Old 10-20-2017, 10:03 AM
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Quote:
Originally Posted by miamac View Post
From Fair Sentencing for Youth, a helpful guide to Youth Offender Parole. Helps guide you through all your basic FAQs, vocabulary (YPED, MEPD, ect) and how to prepare.

Click here to view.

Update:
The deadlines for 1308 are posted in here. Be aware that they will not necessarily align with the following guideline while BPH plays catch up. See the second paragraph for dates.
Pg 10
When will my first hearing be?
If you only have determinate (flat) sentences and no “L” (life sentence), you are eligible for your first hearing no later than during your 15th year of incarceration.
A determinate sentence is one without any “life” terms. It is a set number of years. PC 3051(b)(1).

Under AB 1308, when does the Board have to complete initial hearings for those who were under age 26 at the time of their crimes and are already eligible for a first hearing?
AB 1308 will take effect January 1, 2018. By January 1, 2020, the Board must complete initial hearings for people with life sentences (“lifers”) who have reached their YPED by the effective date of AB 1308. PC 3051(i)(3)(A). By July 1, 2020, the Board must complete initial hearings for people who became eligible for a Youth Offender Parole Hearing under SB 394 and will have served 24 years by that date. PC 3051(i)(4). By January 1, 2022, the Board must conduct initial hearings for people with a determinate sentence (“no L”) who have reached their YPED by the effective date of AB 1308. PC 3051(i)(3)(B). Note that these dates do not apply to people who have already had a parole hearing or who were eligible for Youth Offender Parole before AB 1308 went into effect.
I really need to look into an attorney I'm so confused. Mine received 50 to life he's been in for 11 years as of July of this year his 1st eligibility for parole was in 2034 17 more years. He qualifies for AB13008 in
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  #67  
Old 10-20-2017, 10:41 AM
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I really need to look into an attorney I'm so confused. Mine received 50 to life he's been in for 11 years as of July of this year his 1st eligibility for parole was in 2034 17 more years. He qualifies for AB1308. Would you happen to know how AB1308 would reduce that time, if any?
There is no need for an attorney unless you're hiring one to prepare for board (and even then it's a questionable use of funds).

50 to Life means he will need to serve 25 years before he is eligible. In the 12-24 months before that date, he will be contacted by CDCR to let him know he'll be receiving a consultation. That consultation will guide him in preparing for board. His eligibility will also be reflected in his file and, eventually, on the inmate locator.

You've got some time still (14 years give or take), but AB1308 will reduce his time to his first parole hearing.
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Old 10-20-2017, 12:15 PM
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Originally Posted by miamac View Post
There is no need for an attorney unless you're hiring one to prepare for board (and even then it's a questionable use of funds).

50 to Life means he will need to serve 25 years before he is eligible. In the 12-24 months before that date, he will be contacted by CDCR to let him know he'll be receiving a consultation. That consultation will guide him in preparing for board. His eligibility will also be reflected in his file and, eventually, on the inmate locator.

You've got some time still (14 years give or take), but AB1308 will reduce his time to his first parole hearing.
I was reading the consultation comes 6 years before the initial parole hearing. Is that not correct?
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  #69  
Old 10-20-2017, 12:32 PM
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What is a Consultation?
Rather than a Documentation Hearing (“Doc hearing”), which used to take place during the third year of incarceration, a new type of meeting called a “Consultation” will take place six years before your initial parole hearing. You do not need to request the consultation; the Board will schedule it automatically. The consultation should be one-on-one with a commissioner or deputy commissioner from the Board and you have a right to be present. The meeting is intended to help you know what you need to do in order to be ready for parole. The Commissioner will make recommendations about steps you should take, as well as identifying positive steps that you are already taking. The Commissioner should also explain the parole process and answer your questions about the parole process. The Commissioner will give you written recommendations on how to become ready for parole. You do not need to submit documents or parole plans, and you are not entitled to have an attorney present at the
consultation hearing.
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Old 10-20-2017, 03:30 PM
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I was reading the consultation comes 6 years before the initial parole hearing. Is that not correct?
Yes...and no.

You're correct in that the example below where the inmate has 14 years before eligibility, he will likely have his consultation long before that 12-24 month mark if CDCR is able to abide by the six year standard they've set for themselves.

Those who's eligibility date has either past, is around the corner or in the next few years won't get that consultation six years ahead because that would mean pushing their hearing out yet another (needless) six years. I have the 12-24 month window based on those with a past or soon-to-be eligible date.

Without sounding pessimistic, we've not had these regs six years to see if it plays out that way. Right now inmates who's eligibility is 2023/2024 should be having their consultations, however they are so far behind that they are still doing them for folks past eligibility.

In other words, this is a mess of a time crunch. :P
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  #71  
Old 10-25-2017, 09:17 PM
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Can anyone help me with this question?

1998 boyfriend sentenced to 2 life sentences with the possibility to parole in 2035. He was 18 years old

during his 3rd year in prison at the age of 23 he took a plea deal for attempted murder and was sentenced to 11 years "consecutive to current term" so to me this seems like he is out of luck once again. Any advise or thoughts would be appreciated
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  #72  
Old 10-25-2017, 09:31 PM
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Can anyone help me with this question?

1998 boyfriend sentenced to 2 life sentences with the possibility to parole in 2035. He was 18 years old

during his 3rd year in prison at the age of 23 he took a plea deal for attempted murder and was sentenced to 11 years "consecutive to current term" so to me this seems like he is out of luck once again. Any advise or thoughts would be appreciated
Just to be clear-- the attempted murder plea was after he had been sentenced for another crime(s) leading to the double life sentence?

If yes, then I believe he would be disqualified based on the flowchart that disallows those with second (or third) strikes for serious or violent felonies.

Specifically, one would qualify if:
[Inmate does] NOT have a “second-strike” sentence or a “third-strike” sentence based on a prior serious or violent felony. (PC 667(b-i) or 1170.12).
➢ You are disqualified ONLY IF you were specifically sentenced under PC 667 (b-i) or PC 1170.12. If you have prior felonies that were eligible for strikes, but you were not sentenced under 667(b-i) or 1170.12, you are still eligible.
➢ If you had a sentence under PC 667 (b-i) or PC 1170.12, but then you were resentenced to something different, you are eligible.
➢ You should talk to an attorney if you are disqualified for this
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  #73  
Old 10-26-2017, 10:10 PM
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Well that’s what I was thinking. I appreciate your input even though it doesn’t look good for him. So much heartbreak over the last 20 years he was at least hoping to see his parents before they pass away but I see now that it’s not going to happen.
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  #74  
Old 11-07-2017, 01:46 AM
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does this apply to LWOP or when will something like this effect the LWOP
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  #75  
Old 11-07-2017, 12:21 PM
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does this apply to LWOP or when will something like this effect the LWOP
No, LWOP are still excluded from the process. To the best of my knowledge, there are no props or bills currently addressing opening up parole for LWOP. But, things have been changing so much the last 2-3 years, it would not surprise me to see a door open for you. Keep watching legislation and make sure to support current efforts of change to keep the ball rolling.
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