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  #926  
Old 09-10-2017, 08:32 PM
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Hey Mia,,,

It was mentioned on the Cares 4 youth first call when the emergency reps were submitted. I sure wish I can remember what was said. They get 2 extensions and whatever then length of time between the two would take them to the end of the year or into '18 if both were used. I looked on the OAL website and read their request for the extension, but I don't recall seeing a timeframe. Maybe the info is on those slides someone posted pages back. I'll go on their FB page to see if there still there.


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Originally Posted by miamac View Post
I haven't seen anything, only that they asked for enough time to read through the comments. I'll poke around and see if I can find anything.

edit: Last update to CDCR page was Sept 1, but it's the doc regarding credit earnings. Nothing noting the date for full regs.
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Old 09-10-2017, 08:47 PM
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From my understanding, they ARE going to make some changes? If so, I'm assuming Good Time may be to the entire sentence, not only the time left? Any thoughts on any other possible changes? I was thinking possibly retroactive milestones?
I don't see them touching Milestones. They've expressed repeatedly why they don't see that as an option. I could be wrong, but I doubt that part will change.

I can see them clarifying the NVO eligibility for those who had VO and NVO stemming from the same event. I can see them maybe looking at the third-strikers, but they'd have to justify that against the idea of rehabilitation because they're up against a legal battle there. I can see them looking at how to qualify programs for milestones and how much time is calculated per. They absolutely should look at applying GCC to total sentence...this May 1 to first EPRD is BS.
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  #928  
Old 09-10-2017, 10:22 PM
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I don't see them touching Milestones. They've expressed repeatedly why they don't see that as an option. I could be wrong, but I doubt that part will change.

I can see them clarifying the NVO eligibility for those who had VO and NVO stemming from the same event. I can see them maybe looking at the third-strikers, but they'd have to justify that against the idea of rehabilitation because they're up against a legal battle there. I can see them looking at how to qualify programs for milestones and how much time is calculated per. They absolutely should look at applying GCC to total sentence...this May 1 to first EPRD is BS.


The Change that makes the most sense, both in terms of common sense "duh" and to avoid legal challenges about equal protection and blah blah blah is to apply the new 80%/66% etc. for strikers across the entire sentence.

There may be a look at applying more previous milestones, educational credit, etc. especially to this crowd.
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Old 09-10-2017, 11:04 PM
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I watched the assembly meeting 8/22 and those assembly members raked Secretary Kernan over the coals re: retro milestones. One assembly member asked him what kind of incentive does an inmate who has never been in trouble and who has partipated in classes gets and when Kernan responded none. The assembly member told him that's not fair and suggested that he looks into changing that. Another assembly member asked why can't CDCR do like Texas and Kernan gave some lame excuse. The assembly member said yeah but they have been successful in releasing inmates, closing prisons and in reducing crime.

Lastly, they had a guest speaker w/a pretty compelling story while being in prison. After he spoke an assembly member said, "I've heard a lot of stories in my career, but nothing like this. I hope our new Governor appoints someone like you with a heart who understands as Secretary of CDCR."

I read on the Iniative Justice FB page that there was over 200+ people who attended the 9/1 hearing and of that number there was only 3 who were totally against Prop 57.


Lastly, it's my understanding that they have 180 days from the date the emergency regulations were set to implement them. Now that they've asked for an extension the process starts all over again for the most part. Meaning they'll amend what was written and then there's another 45 day public comment period. Another thing that I learned was that they have to give a written response to each suggestion. She also said for those who sent them in a group like the ACLU etc - they'll probably send a response to the entity instead of each individual.
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  #930  
Old 09-10-2017, 11:54 PM
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I do hope they address some of the issues of inequity in 57, but in all honesty...I don't see how they can make milestones retroactive and be fair about it. I've said it before, but I guess this is a "greater good" issue. Not all inmates who participated in programs have proof and the standards have changed over the year for programming. I guess this is one where, if they do apply them retroactively, we'd all better be ready to breathe in the dust it kicks up. I mean that for the tussle between our loved ones who have no proof and the fight to get those credits, the backlog of updates to their time, the people who will suddenly be eligible for hearings because of decades of retroactive credits. I'm not trying to sound like a naysayer, but this is a lot bigger than applying GCC. A lot.

I get it. We want them to feel like their efforts matter because they do-- they did. But this isn't as simple as GCC and regardless, there will be people getting the shaft.
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  #931  
Old 09-11-2017, 12:49 AM
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So wait. As I submitted my comment as an individual, separate from an organization like Initiate Justice or the ACLU via e-mail.

I should expect a response at some point?

And bravo to the Assemblyperson who called Kernan out on GCC.
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  #932  
Old 09-11-2017, 11:10 AM
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So wait. As I submitted my comment as an individual, separate from an organization like Initiate Justice or the ACLU via e-mail.

I should expect a response at some point?

And bravo to the Assemblyperson who called Kernan out on GCC.

Should you get a response to your email it will be a systematic reply
Saying some thing down the lines" We received your input and we are looking in to your concerns about the changes to the regulations. We will be working hard to achieve the best results for all inmates with in the departments guidelines." I haven't received any response as of yet on my comments on Prop. 57, but the above statement is what I have received a few times on comment on other sections of the Title 15 and D.O.M
Then if I used the letter head from work their response would be something down the lines. "We are forwarding your concerns to our litigation division for further review by their staff." Again none of this pertained to prop. 57. I think my input on Prop.57 goes straight into the round file or delete button.
It is good to see these member of the Assembly calling Kerman, out but is this more lip service from our elected officials? Are the member of our the legislator (both houses) going to do something in writing? OR.just chew on a departmentally heads ass and sweep it under the rug?
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  #933  
Old 09-11-2017, 05:46 PM
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Should you get a response to your email it will be a systematic reply
Saying some thing down the lines" We received your input and we are looking in to your concerns about the changes to the regulations. We will be working hard to achieve the best results for all inmates with in the departments guidelines." I haven't received any response as of yet on my comments on Prop. 57, but the above statement is what I have received a few times on comment on other sections of the Title 15 and D.O.M
Then if I used the letter head from work their response would be something down the lines. "We are forwarding your concerns to our litigation division for further review by their staff." Again none of this pertained to prop. 57. I think my input on Prop.57 goes straight into the round file or delete button.
It is good to see these member of the Assembly calling Kerman, out but is this more lip service from our elected officials? Are the member of our the legislator (both houses) going to do something in writing? OR.just chew on a departmentally heads ass and sweep it under the rug?
Interesting....well if I get anything beyond a basic form letter I will share what I receive here.

Lip service seems to be a big thing in the legislature, but at the same time, it gets noted who said what and it could be used against them later if they have ambition of higher state office. So even if it was lip service, it's not lip service that I'll take lightly, given the topic.

-E
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  #934  
Old 09-14-2017, 04:27 PM
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Hello everyone!! I once again want to thank you all for providing a place for people like me to come and get informed and ask question.

I was wondering if anyone has any knowledge on this.....
I called the board of parole hearings to check the status of my husband non-violent parole hearing. They informed me that he's case went from pending to completed. But was unable to give me the decision. They stated that all they see is it went from pending to completed. I was wondering if this is true because I saw that someone posted recently that they BOPH informed her that her husband has been approved.
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Old 09-14-2017, 04:44 PM
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I was reading through some of the comments and links posted here, I have a hard time understanding all of the terms, also following along. Anyways, I read somewhere about the public hearing and if Kern? or CDCR couldn't come up with an agreement with the public by Sept 20th or something like that, the changes prop 57 has made can be revoked. Is that correct? I thought the law passed and now the public is challenging for more/adjustments. If there isn't an agreement made, can prop 57 be removed and all previous credit, ect fall back into place? I was sick when I read that.
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Old 09-14-2017, 05:13 PM
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I was reading through some of the comments and links posted here, I have a hard time understanding all of the terms, also following along. Anyways, I read somewhere about the public hearing and if Kern? or CDCR couldn't come up with an agreement with the public by Sept 20th or something like that, the changes prop 57 has made can be revoked. Is that correct? I thought the law passed and now the public is challenging for more/adjustments. If there isn't an agreement made, can prop 57 be removed and all previous credit, ect fall back into place? I was sick when I read that.


My impression is that the time is being extended, though I don't have an official link to that or a date to which it was extended. If someone does that would be useful.
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  #937  
Old 09-14-2017, 05:23 PM
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Okay!!! The husband got approved

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Old 09-14-2017, 05:25 PM
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Call the board of parole victims and survivors dept they know who's approved and denied once the review is complete
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Old 09-15-2017, 06:21 PM
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My impression is that the time is being extended, though I don't have an official link to that or a date to which it was extended. If someone does that would be useful.
hi all, i'm new to this group! my ex is in prison serving a 3 strikes term of 37 years!his convictions were robbery (violent), intimidation of a witness (nonviolent), with 2 5 year enhancements for two pleas under pc 459 burglary. per prison law office info updated 7/19/17, pg 8, "to permanently adopt the prop 57 regs, the cdcr must go through a formal rulemaking process by 9/20/17; otherwise the emergency regs will lapse and no longer be in effect. however, the cdcr may ask to extend the deadline for an additional 90 days." these guys know what they're doing, so i am deferring to them and telling everyone the extension is for 90 days...that would be till 12/20/17, right before christmas! with the lawsuit filed by janice bellucci 4/27/17 on behalf of pc 290 registrants, asserting cdcr's attempt to subvert the voters' intent via excluding that entire class of inmates, as well as the legislative analyst's office (lao) asserting that the proposed regs violate prop 57 vis a vis 3 strikers exclusion, etc. and people like michael romano of the three strikes project from stanford law school hammering scott kernan at the 8/22/17 assembly i don't see how the cdcr would not amend the regs to include ALL nonviolent offenders committed to state prison who have completed serving the FULL TERM for their PRIMARY OFFENSE which can be ANY offense, including violent ones under pc 667.5(c). now we really have to be vigilant in getting public comments into cdcr when the NEW public comment period commences! talked to my ex today and he never sent in a letter to timothy lockwood, cdcr, by the 9/1/17 deadline. i had stressed how IMPORTANT it was but he's cynical at this point...people, wake up and send letters when it starts! by law, they have to respond to all comments...till then, have a great weekend! we have a LOT of good guys on our team, and they will NOT get away with their machinations! bye for now, "juju"

Last edited by wilkinsonmanor; 09-15-2017 at 06:28 PM.. Reason: typos
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Old 09-15-2017, 06:22 PM
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Okay!!! The husband got approved
congratulations! so happy for you! now don't let him violate parole or break the law again! learn from this...
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Old 09-15-2017, 06:26 PM
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Thanks for the info! That will be useful to know.
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Old 09-15-2017, 06:33 PM
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how does an inmate apply for early parole relief? will have my ex wait until the regs are revised, since he would be denied now as he is a 3 striker...just wondering, so we get it right when the time comes. also, how does a victim register so she can submit a letter on the inmate's behalf? i was the "victim" in his case...long story, but we were both abusing drugs...he with crack cocaine, and i with valium...lethal combination! cops wouldn't let me drop the charges when i realized what i had done and what really went down with him and me the night before...fled to florida so the da couldn't subpeona me but his attorney told me to come home as they were not going to drop the charges...horrible...now we can use prop 57 to get him home at last. he's been in jail/prison since june 2002!
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Old 09-15-2017, 06:34 PM
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Thanks for the info! That will be useful to know.
you're very welcome!
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Old 09-15-2017, 06:39 PM
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how does an inmate apply for early parole relief? will have my ex wait until the regs are revised, since he would be denied now as he is a 3 striker...just wondering, so we get it right when the time comes. also, how does a victim register so she can submit a letter on the inmate's behalf? i was the "victim" in his case...long story, but we were both abusing drugs...he with crack cocaine, and i with valium...lethal combination! cops wouldn't let me drop the charges when i realized what i had done and what really went down with him and me the night before...fled to florida so the da couldn't subpeona me but his attorney told me to come home as they were not going to drop the charges...horrible...now we can use prop 57 to get him home at last. he's been in jail/prison since june 2002!
What do you mean by early parole relief? Do you mean being terminated from parole or having a hearing ahead of schedule?
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Old 09-15-2017, 06:46 PM
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I watched the assembly meeting 8/22 and those assembly members raked Secretary Kernan over the coals re: retro milestones. One assembly member asked him what kind of incentive does an inmate who has never been in trouble and who has partipated in classes gets and when Kernan responded none. The assembly member told him that's not fair and suggested that he looks into changing that. Another assembly member asked why can't CDCR do like Texas and Kernan gave some lame excuse. The assembly member said yeah but they have been successful in releasing inmates, closing prisons and in reducing crime.

Lastly, they had a guest speaker w/a pretty compelling story while being in prison. After he spoke an assembly member said, "I've heard a lot of stories in my career, but nothing like this. I hope our new Governor appoints someone like you with a heart who understands as Secretary of CDCR."

I read on the Iniative Justice FB page that there was over 200+ people who attended the 9/1 hearing and of that number there was only 3 who were totally against Prop 57.


Lastly, it's my understanding that they have 180 days from the date the emergency regulations were set to implement them. Now that they've asked for an extension the process starts all over again for the most part. Meaning they'll amend what was written and then there's another 45 day public comment period. Another thing that I learned was that they have to give a written response to each suggestion. She also said for those who sent them in a group like the ACLU etc - they'll probably send a response to the entity instead of each individual.
per prison law office info on prop 57, updated 7/19/17, cdcr can request extension for 90 days, so i think we're looking at a 12/20/17 deadline now...what was this assembly 8/22/17 and where was it held? all i heard about was the public hearing in sacramento on 9/1/17. could not make it as had prior engagement but was ecstatic to read about this 8/22/17 assembly, and that michael romano of the three strikes project from stanford law school attended and hammered scott kernan! bravo! will be listening/viewing it asap...thanks for any info you can provide! tgif! they're going to change the regs before submitting to oal...yeah!
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Old 09-15-2017, 06:53 PM
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What do you mean by early parole relief? Do you mean being terminated from parole or having a hearing ahead of schedule?
i mean an inmate applying for early parole under prop 57. sorry for any confusion...he has not applied nor been advised he qualifies, since he's a 3 striker and they were trying to exclude all inmates in his class.
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Old 09-15-2017, 06:55 PM
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i mean an inmate applying for early parole under prop 57. sorry for any confusion...he has not applied nor been advised he qualifies, since he's a 3 striker and they were trying to exclude all inmates in his class.
No worries.

You don't apply for any parole relief under 57. NVOs will be notified that their file is being reviewed and VOs will be scheduled a hearing date at the appropriate juncture.

There are some milestone credits which require a request to apply and those are typically for educational awards like GED and college-level work.
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Old 09-15-2017, 07:09 PM
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She also stated:
One thing that came up that was NEW information. I believe it was Jeff Rosen, DA for Santa Clara county, that suggested that there be a list of eligible Prop 57 parole consideration, with dates of the when the paper parole review will start. In addition he suggested individually, a 90 day notification be sent electronically (not snail mail) to the DA's office with an electronic copy of the persons C-file, so that they can review the behavior of the person being reviewed by the parole staff. He said they have no idea how the person under review has behaved or rehabilitated and thus are sending in request to deny parole. He also said they need this added time to review the C-file and to register the victims should they wish to comment.
so glad jeff rosen suggested that (or someone did)...the da should be able to review an inmate's "c file" so he is aware of the inmate's behavior in prison and isn't as biased with his prior knowledge of the individual.
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Old 09-15-2017, 07:11 PM
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No worries.

You don't apply for any parole relief under 57. NVOs will be notified that their file is being reviewed and VOs will be scheduled a hearing date at the appropriate juncture.

There are some milestone credits which require a request to apply and those are typically for educational awards like GED and college-level work.
oh, i see..thank you very much...what about circumstances wherein the inmate was convicted of a combination of violent/nonviolent felonies, but has completed serving the "full term" for the "primary offense" and is therefore eligible?
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Old 09-15-2017, 08:08 PM
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oh, i see..thank you very much...what about circumstances wherein the inmate was convicted of a combination of violent/nonviolent felonies, but has completed serving the "full term" for the "primary offense" and is therefore eligible?


The law regarding earlier parole consideration applies to Non-Violent only as we understand it. There are issues of sentence structure. I have a friend who is a judge who can't ethically speak in specifics but did say that there is a great deal of discussion surrounding sentence structuring when multiple offenses are involved. I can only speculate that to mean that issues regarding enhancements may hinge on what that enhancement was tied to.

What we have found is that with 57 there seem to still be far more questions than answers. Which is what makes the public commentary on it so important.
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