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  #801  
Old 07-21-2017, 04:59 PM
ChocoholicMom ChocoholicMom is offline
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Quote:
Originally Posted by missingdee View Post
I first want to distinguish non-violent from non-violent with a strike prior.

Contrary to belief about "alternative sentencing" there is no guarantee that someone with a non-violent offense doubled with a strike prior will see the "doubling" enhancement factored in.

This is because of the ways that judges structure sentences and the language in the 3 strikes law.

The point of the 3 strikes law is to essentially act as a habitual offender law. The idea is you don't serve a doubled sentence as an alternative. Alternative sentencing is supposed to be an exceptional action, like sentencing to probation, sentencing to a rehab or a state hospital. The doubling for a strike prior is intended as a mandated discouragement for repeating your crimes. The typical voter's view is that your alternative is to not re-offend. And I don't mean to offend anyone here, but let's be honest and look at it from the standpoint of a general voter. The people of the state of California, had they known that the proposition was going to benefit violent offenders and habitual offenders, would not have voted for this proposition. I can't stress this enough. People believed they were voting for improved rehabilitation and sentence reductions for low-risk, non-violent offenders with little definition of what they were voting for. I am convinced that if this proposition spelled out what it actually did it would have failed. I am also convinced that there will be legal challenges to some elements, which is going to include removing some benefit for people classified as second strikers.

Beyond that, we need to take a look at the actual purpose of the law, which is to improve rehabilitation opportunities. The first question we should be asking is "how does this proposition better my loved one's chances of staying out once they are home?" than "when is my loved one getting out?" I would love for all your loved ones to get home, but let me be real, if Dee had been released early instead of doing the time she did, she would be back in by now and the problem would be worse. The focus needs to be on combating recidivism and maximizing opportunities for our loved ones, not just getting them home early. If that's all we're focused on is getting people home early and seeking loopholes in the laws to make it happen, then we do them no favors.
I appreciate the input and information you both have given. But yes I am here to get my husband hone due to my husband being charged for being with the wrong people at the wrong time.my husband sentence was much harsher than his co-defendant simply for not taking a deal. My husband was not id by the eye witness becuase he was not involved. That's neither here nor there at this point. Since being incarcerated he has taken advantage of all programs offered to him through CDCR, prior to prop 57 even being considered on the ballot. He has programs he is unlisted with and job offers ready for him when he comes home. I can only speak for myself and my husband when I say our goal is to ensure the recidivism rate is lowered. His sentence was doubled due to a prior felony of 20 years ago. So yes were all in agreement when we say the ENTIRE system needs repairing.

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  #802  
Old 07-21-2017, 11:28 PM
HeHoldsMyHeart HeHoldsMyHeart is offline
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Hello, my boyfriend is currently in prison in California and told me the other day he finally received his new parole date under prop 57 and that he isn't doing 66% of his base term but all of his base term. Is there someone who can message me and help me to understand this a little more as he an I are both shocked to find this out. We were both lead to believe that he would be out in about 2 years and now it is just under 4. I'm totally co fused on the situation and dont know where else to turn for help! Thanks for any help anyone can give me!
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  #803  
Old 07-22-2017, 12:11 AM
Luvfaith33 Luvfaith33 is offline
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Ok I am really confused I have read so much on here my hubby is considered a short timeer and his offense is violent he has never been written up and just finished a class which earned him 2 weeks off he passed his year already and keeps hearing for a annual ??? But nothing so should we just assume him to do his short time sentence ?
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  #804  
Old 07-22-2017, 06:40 AM
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Originally Posted by HeHoldsMyHeart View Post
Hello, my boyfriend is currently in prison in California and told me the other day he finally received his new parole date under prop 57 and that he isn't doing 66% of his base term but all of his base term. Is there someone who can message me and help me to understand this a little more as he an I are both shocked to find this out. We were both lead to believe that he would be out in about 2 years and now it is just under 4. I'm totally co fused on the situation and dont know where else to turn for help! Thanks for any help anyone can give me!
Good conduct credits were not calculated off their full sentence, unfortunately. They were calculated from May 1, 2017 to their original EPRD(? is that right, folks?).

I don't think anyone gained the GCC they believed they would. Sorry to welcome you to the club. :/
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  #805  
Old 07-22-2017, 07:12 AM
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Hi, I'm confused now too. My BG has a base term
Of four years, which was doubled to 8 years because of a previous strike. So under prop 57, he should be eligible for parole after the four year base term? And from that he had two for one in county for 9 months. So would it be four years minus the 18 months time served already .. which would mean eligible for parole in 2.5 years? Then if he gets into fire camp, the 2.5 years would be reduced by two days for every one day there ? So he could be eligible in a lot less then 2.5 years? That's how he explained it to me .. but sounded to good to be true..
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  #806  
Old 07-22-2017, 08:25 AM
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I wish counselors would provide more help and information for these guys. Prop 57 is too confusing.

From what you said he has 8 years less ~18 months time served plus credits leaving 6.5 years. If he makes firecamp he will serve 33% of that remaining 6.5 years which is about 2.2 years.

For now I assume he is non-violent and serving at 66% or ~4.4 years to go. Second strike portion (doubling 4 years to 8 years) is not an enhancement under prop 57 and unfortunately that extra 4 years is not something that is early parole eligible.

Firecamp is a good focus. Other credit earning is available also which he should look into.
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  #807  
Old 07-22-2017, 09:50 AM
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Originally Posted by miamac View Post
Good conduct credits were not calculated off their full sentence, unfortunately. They were calculated from May 1, 2017 to their original EPRD(? is that right, folks?).
May 1 to their "current release date". I know, I know. Splitting hairs. Close to but not the same as EPRD. Definitely not their full sentence which is the bad news.

"Hello, my boyfriend is currently in prison in California and told me the other day he finally received his new parole date under prop 57 and that he isn't doing 66% of his base term but all of his base term. Is there someone who can message me and help me to understand this a little more as he an I are both shocked to find this out. We were both lead to believe that he would be out in about 2 years and now it is just under 4. I'm totally co fused on the situation and dont know where else to turn for help! Thanks for any help anyone can give me!"

"Ok I am really confused I have read so much on here my hubby is considered a short timeer and his offense is violent he has never been written up and just finished a class which earned him 2 weeks off he passed his year already and keeps hearing for a annual ??? But nothing so should we just assume him to do his short time sentence ?"

Yes prop 57 is confusing. Many subtleties. People hear one or two things without having the entirety of 57 explained, leading to errors, misunderstanding - and unfortunately disappointment. 57 can help, but some or all of the details are needed for each individual circumstance. Potentially including:

What is total sentence?
How long in county before going to prison?
Does it include enhancements?
Is it 2nd / 3rd strike sentence?
Is it violent or non-violent?
What percent credit earning category were they in (0, 15, 20, 33, 59, 66)?
Firecamp?
Any degrees? Any plans to get a degree?
Any programs and credits earned? Continuing to program and for what?
Any credits lost / write ups?
When was last write up?

All of this has possible impact. Unfortunately CDCR created a tough system for inmates to understand and respond to. Inmates are at the mercy of counselors and their facility for understanding what to do, what benefit they can earn, and for help achieving individual goals. CDCR has to somehow address this confusion.

IMO they have designed a system that is not going to be as effective as it could be. I would have designed something simpler to try to effect the change they are after.
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  #808  
Old 07-22-2017, 01:23 PM
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Originally Posted by Luvfaith33 View Post
Ok I am really confused I have read so much on here my hubby is considered a short timeer and his offense is violent he has never been written up and just finished a class which earned him 2 weeks off he passed his year already and keeps hearing for a annual ??? But nothing so should we just assume him to do his short time sentence ?


Yup. Less the two weeks that he should have gotten for the milestone credits as long as they came once 57 took effect.
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  #809  
Old 07-22-2017, 01:25 PM
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Originally Posted by HeHoldsMyHeart View Post
Hello, my boyfriend is currently in prison in California and told me the other day he finally received his new parole date under prop 57 and that he isn't doing 66% of his base term but all of his base term. Is there someone who can message me and help me to understand this a little more as he an I are both shocked to find this out. We were both lead to believe that he would be out in about 2 years and now it is just under 4. I'm totally co fused on the situation and dont know where else to turn for help! Thanks for any help anyone can give me!


If he had enhancements then yes, he would have to serve 100% of the base term to get early parole consideration.

Who led you to believe he would be out in 2 years and what was their rationale?

While we can understand you wanting direct messages, it would be preferable if the information was available in the forum as it may help others experiencing a similar issue.

-E
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  #810  
Old 07-22-2017, 10:54 PM
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Quote:
Originally Posted by missingdee View Post
Yup. Less the two weeks that he should have gotten for the milestone credits as long as they came once 57 took effect.
Thank you for responding ......Ok so he is in school now but ends in October but by that time he will be coming home ? So we are safe to sssume that school is just gonna help time fly versus earning extra time off before he gets released?
Thank you so much
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Old 07-22-2017, 10:56 PM
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Thank you for responding ......Ok so he is in school now but ends in October but by that time he will be coming home ? So we are safe to sssume that school is just gonna help time fly versus earning extra time off before he gets released?

Thank you so much


I'm not sure how the timing will work or how the prison will assess it, but he should anticipate that whatever his current date is will be the date. If he gets more time off because of school or anything else he might do, well, count it as an added blessing

57 is really not meant to help people who's dates are near or who get short sentences, unfortunately.
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  #812  
Old 07-23-2017, 01:13 AM
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Originally Posted by missingdee View Post
I'm not sure how the timing will work or how the prison will assess it, but he should anticipate that whatever his current date is will be the date. If he gets more time off because of school or anything else he might do, well, count it as an added blessing

57 is really not meant to help people who's dates are near or who get short sentences, unfortunately.
I will count my blessings .... at least he will be home by Xmas this year 🙏🏼
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Old 07-24-2017, 05:16 PM
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I received an email from Initiate Justice regarding their webinar Friday night. See the information below. Looks like one of our brains gvalliant will be showing how to use the tool he created to help figure out how much time our LO has after Prop 57.



Wondering how much time your loved one can earn off their sentence under Prop 57? Want help writing a letter during the Prop 57 public comment period?

If you do, join Initiate Justice for a webinar training on how to use a new tool (created by Initiate Justice member, Glenn Valiant!) to estimate how much credit your loved one can earn, as well as get help writing a letter to CDCR to weigh in on the Prop 57 draft regulations!

DETAILS:
Friday, July 28, 2017
6:30-8:00pm
Register below to get the webinar link!

https://docs.google.com/forms/d/e/1F...NVBpg/viewform
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Old 07-24-2017, 05:22 PM
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I did but was super busy last week to post. However, sometimes you can listen to the same song over and over and over and it doesn't have the same affect. Lol They said the same thing but the delivery wasn't the same this time. I'm not sure if it was because I heard it all before or if it was a little discombobulated.


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Did anyone listen in? As per usual, I did not. But I will and try to put a summary up here by end of the week if no one else has one.
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  #815  
Old 07-24-2017, 09:28 PM
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For best information, go back several pages and catch up on the discussion about proposed Prop 57 changes. Right now, we are in a period where the public can write letters supporting or suggesting changes to proposed Prop 57 regulations (until September 1). Also, go to the Facebook page of Initiate Justice, where they have more information regarding their suggested changes and contact information for the public to comment on Prop 57 proposed changes.


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I'm in California what are the Letters for or to whom ?

How will it benefit my man ?
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Old 07-24-2017, 09:33 PM
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Originally Posted by attie View Post
Hi, I'm confused now too. My BG has a base term
Of four years, which was doubled to 8 years because of a previous strike. So under prop 57, he should be eligible for parole after the four year base term?
No. His base term is the doubled sentence, so eight years. Strike sentencing isn't an enhancement or alternative sentencing. I'm assuming he's a non-violent offender? If he had any enhancements, he would be eligible for parole consideration after completing his base of eight years (minus credits earned).
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  #817  
Old 07-25-2017, 01:42 AM
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Hello all, id been following the forum for a long time now, since my LO got in trouble. I'm looking for advise on early parole. His date is 02/2018, he is on waiting list for school ,work and other programs but so far he is doing nothing. Beside the three requirement to qualify for a hearing of early parole, how much more discretion parole officer can have to decline an early parole. There is not victim and I think DA wouldn't mind. Would they review his prior records and judge base on that. If that's the case them how is Prop. 57 suppose to work? Have you guys hear about other people getting out.
At this current prison they are not too optimist that prop 57 will work, plus my LO said that in prison anything can happened at any time. What advise can you guys share to stay out of trouble. Thanks !!!!
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Old 07-25-2017, 09:04 AM
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Hello all, id been following the forum for a long time now, since my LO got in trouble. I'm looking for advise on early parole. His date is 02/2018, he is on waiting list for school ,work and other programs but so far he is doing nothing. Beside the three requirement to qualify for a hearing of early parole, how much more discretion parole officer can have to decline an early parole. There is not victim and I think DA wouldn't mind. Would they review his prior records and judge base on that. If that's the case them how is Prop. 57 suppose to work? Have you guys hear about other people getting out.
At this current prison they are not too optimist that prop 57 will work, plus my LO said that in prison anything can happened at any time. What advise can you guys share to stay out of trouble. Thanks !!!!
Eligibility is clearly enough defined. Once eligible for consideration how they determine if parole is granted is subjective. They have guidelines. They weigh aspects of those guidelines but there is no defined structure on how they weigh things so it is likely to vary among different commissioners who do evaluations. LAO has pointed out this problem. I am not aware of CDCR doing anything to address it.

This document from PLO gives an overview of guidelines. Read starting page 5 to get some understanding.

Analysis and budgeting by CDCR predict that of inmates who could be eligible (NVO who have served their base term) about 25% will actually be granted parole because they either will not meet the defined eligibility criteria for consideration or they will be denied once eligible based on commissioner evaluation.

To your specific questions:
1) No one has gotten out yet - it is too early.
2) Yes the parole officer (commissioner) has discretion. Too much potential for variability with that discretion.
3) Your LO is doing all he can. It's unfortunate he is on waiting lists and not in those activities. Not his fault.
4) Review those pages in this document and pass that information to him.
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File Type: pdf Prop-57-Parole-and-Credits-April-19-2017.pdf (330.2 KB, 6 views)
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