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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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  #26  
Old 10-14-2008, 04:08 PM
Gryphon Gryphon is offline
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I'm sorry, I don't understand your question. I can say that there are no changes to CA 3 strikes pending, but they are often discussed. Past voter propositions either didn't make the ballot or lost. There are no pending proposed changes.
I think the best bet for future change will be not applying strikes towards drug possession for personal use charges.


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Originally Posted by OCEGUERAYVETTE View Post
If you had to fellony conviction before 1994 is it true there a new law comming out or going to be voted on that nothing be for that will count it will count after that law was in affect is there a web site i can go to regaurding the 3 strike law any body can recemmend so i can look more in to that thank you for you info god bless.
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  #27  
Old 10-14-2008, 11:39 PM
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Quote:
Originally Posted by gryphon View Post
i'm sorry, i don't understand your question. I can say that there are no changes to ca 3 strikes pending, but they are often discussed. Past voter propositions either didn't make the ballot or lost. There are no pending proposed changes.
I think the best bet for future change will be not applying strikes towards drug possession for personal use charges.
what i mean is if you had two strikes before the law was pass of three strikes law. That they would not count before the time the law was inafect is there talk about what ever conviction you had before would not count as strike.
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  #28  
Old 10-15-2008, 12:20 PM
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I think you asked if old strikes, predating the passage of 3 Strikes law, might not be used as strikes in the future.
No, there is no discussion keeping old strikes from being used. To the contrary, there is a lot of case law saying that using old strikes is not a violation of Due Process nor Equal protection.
For instance, a rapist with 2 rape strikes that both predate the passage of 3 Strikes sentencing would certainly be at risk of a life sentence if they were to pick up a new felony conviction. What HAS sometimes been discussed is whether or not that new conviction needs to be violent; or whether that new conviction has to something other than drug possession. Discussion doesn't mean that changes are close, however. The last voter proposition to change 3 strikes lost, and the next effort failed to make the ballt. There is speculation that prison overcrowding and lack of health care migth combine to cause future change, but at this time it is speculation only.

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Originally Posted by OCEGUERAYVETTE View Post
what i mean is if you had two strikes before the law was pass of three strikes law. That they would not count before the time the law was inafect is there talk about what ever conviction you had before would not count as strike.
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  #29  
Old 10-12-2009, 07:18 PM
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Question,

My boyfriend was incarcerated on August 24th 2009. He got 4 years with 80% under 3 strikes law. (2 strikes and a wobbler) Does he have to serve that full 80% or can he be released early on good behavior or something like that?
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  #30  
Old 10-12-2009, 10:15 PM
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He has to serve the full 100% of the sentence, but if he "programs" (stays out of trouble), he can earn the extra 20% off in time credits. Any write-ups he may get (115's) can add more time to his EPRD (Earliest Possible Release Date), which is calculated at the 80% (although for the time he did in county, he'll get about 33% extra credit, rather than the 20%). He's probably going to do about 38 months...

There was a new bill signed in to law today by the guv that allows for a little bit of extra time credits that can be earned, but it doesn't apply to anyone serving a strike sentence. Mine's doing 80%, also, and I'm really bummed.
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  #31  
Old 10-13-2009, 02:52 PM
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This is really confusing! So, if my boyfriend was sentenced to 4 years with 80%, that means that he will have to serve the 4 years and not the 80%, right? So, if he programs (good behavior) then he MIGHT be eligible for parole after 3 years?

He's been at Theo Lacy since August 24th. His hearing (pre-trial) is on the 16th (this Friday) Are they going to send him to Reception/Wasco right away?

Does the month he's already been count as time towards his sentencing or does it not start until he gets out of reception?
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Old 11-07-2012, 11:13 AM
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Can I just say: WHOOOOOOOO FREAKING WHOOOO!!!!!!!
Thank God this finaly passed!!!! So many lives have been hurt by by this severly flawed law and I am so happy to see that Cali finaly got it's colective head out of it's butt and said, um that ain't right and changed it!!!! Huge huggs and ongratulations to all those who will have loved ones comming home now or sooner as a result of this awsome victory!!!!
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