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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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  #1  
Old 09-30-2019, 12:31 PM
studebaker71 studebaker71 is offline
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Default Prop 57 experience

I have some stuff happening that looks prop 57 motivated. I want to learn about peoples experience with it and know what to expect. I see that time is radically adjusted and that there is now a "parole board" meeting. It is said it is not a hearing but a meeting. I also see that there is some victims rights and DA and the public can all write in on it. I don't know the details and the probability of who has much weight in the situation.

Does anyone out here in PT land have experience with this process? Is the adjusted date for eligible parole realistic or some story of fake pipe dream that is just lip service? I have a LO that is affected and we are wondering how serious to take this stuff.

Of course with the victims rights and such they are definitely hating in the first place to get her in prison so what would the thought of having them weigh in again do? Like they think that someone isn't going to continue hating? I would expect that any of these victims statements would eternally try and suppress release.

Anyone have experience?

Know any statistics of release on this stuff?

Do they (DA, parole board) try and suppress release or is it actually a possibility?

Any information provided is definitely valued so thanks in advance!!
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Old 09-30-2019, 01:14 PM
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The stats on non-violent parole reviews are not that great. It does get them up for review earlier, but it doesn't seem to get a grant all that often. If an inmate is NVO, it will be a paper review only. Inmates as well as family and supporters may submit documents prior to the hearing, but it's a tight window.

Credit earnings have sky rocketed for those able to participate in programming. For Youth Offenders, that hasn't really helped much but the latest round of bills is aimed at knocking that down where it should have been originally. So those are getting VOs to a parole hearing a bit earlier. The dates are real, those can't be inflated. But the grants are a different story. I want to say we're still sitting around 35%, but I can't recall where I read it. DA always weighs in, nearly always objects. If you have a victim or victim's family protesting grant, you're up against a wall.

The truth is it's all very individual. So I can tell you how it affected my husband, but that means squat how it will affect someone else.

He was sentenced to 37 years at 85%. That dropped to 80%. With his additional credit earning opportunities his EPD is now something like Jan 2031? But his Youth Offender parole hearing eligibility was April 2016. Because lawmakers disallowed credits to be applied to his YOP date, the credits didn't help move his date at all. In fact, he's finally getting his first hearing in October because they were so far behind.

Bottom line is yes, it's helping move hearing and review dates. I do think it's helping in regard to grants for VOs because they are finally being allowed to program and prove rehabilitation. I don't believe that holds true for NVOs simply because the only thing that has changed is their review date. Each case will be affected by numerous factors: their access to programming, their commitment to it, whether they are a Youth Offender or Adult Offender, VO vs NVO and ultimately how they present on paper (NVO) or in a hearing (VO).

As far as stats, that's been pretty difficult to nail down. What is easier is to look at grants issued pre-57 and post. There is a slight uptick, but I don't think it's the watershed voters hoped for.
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Old 09-30-2019, 01:19 PM
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Just a mod request:
I'm cool with having this thread not merged with the other 57 threads because this is a general question that follows implementation. But for those with specific questions regarding Prop 57 (credit application, amendments, ect), I want to encourage you to read through and then post in our existing thread. Thank you much!


(and yes, there really are 4 sub-threads to Prop 57 and thousands of posts. a huge, gigantic, sincere thank you to everyone who stuck that thing out with us and contributed. what a ride!)
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Old 09-30-2019, 02:32 PM
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I just saw the release date change so dramatically and don't know what to think about it. I mean its now "parole eligible date" Was march 2021, now feb 2020...

So it goes to review and not a "hearing" and say they deny it, does that mean there's no review for another year? I mean there should be programs and opportunities to reduce time, so I just don't 100% get it in this case. She just doesn't have tons of time and what they do have they are playing weird games with.

I mean to me, its like they either grant her parole or she continues the program track and they grant her parole in a few months anyways. So weird.

"Parole Eligible Date (Month/Year) 02/2020
Parole Eligible Date Information
The Parole Eligible Date displayed above is subject to change.

The date shown above is the first date the inmate is (or was) eligible for review for possible release by the Board of Parole Hearings. The inmate is eligible for review and possible release based on his or her conviction for a nonviolent offense. For more information, please visit the Nonviolent Parole Review Process Overview

Additional Information
VICTIM NOTIFICATION: Victims who would like to request notice and an opportunity to provide input concerning this inmate’s parole review or release must register with CDCR’s Office of Victim and Survivor Rights and Services. For further information, or to inquire about court ordered restitution, please visit CDCR’s Office of Victim and Survivor Rights and Services website or call toll-free 1-877-256-6877

BOARD OF PAROLE HEARINGS: For more information about the Board of Parole Hearings, please visit the Board’s website"
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Old 09-30-2019, 02:33 PM
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Quote:
Originally Posted by miamac View Post
Just a mod request:
I'm cool with having this thread not merged with the other 57 threads because this is a general question that follows implementation. But for those with specific questions regarding Prop 57 (credit application, amendments, ect), I want to encourage you to read through and then post in our existing thread. Thank you much!


(and yes, there really are 4 sub-threads to Prop 57 and thousands of posts. a huge, gigantic, sincere thank you to everyone who stuck that thing out with us and contributed. what a ride!)
I'm sorry, I really wish I could align with these categories and sections but to be honest, there's too many sections on this site. Its just like an albatross.
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Old 09-30-2019, 03:38 PM
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Originally Posted by studebaker71 View Post
I just saw the release date change so dramatically and don't know what to think about it. I mean its now "parole eligible date" Was march 2021, now feb 2020...

So it goes to review and not a "hearing" and say they deny it, does that mean there's no review for another year? I mean there should be programs and opportunities to reduce time, so I just don't 100% get it in this case. She just doesn't have tons of time and what they do have they are playing weird games with.

I mean to me, its like they either grant her parole or she continues the program track and they grant her parole in a few months anyways. So weird.

"Parole Eligible Date (Month/Year) 02/2020
Parole Eligible Date Information
The Parole Eligible Date displayed above is subject to change.

The date shown above is the first date the inmate is (or was) eligible for review for possible release by the Board of Parole Hearings. The inmate is eligible for review and possible release based on his or her conviction for a nonviolent offense. For more information, please visit the Nonviolent Parole Review Process Overview

Additional Information
VICTIM NOTIFICATION: Victims who would like to request notice and an opportunity to provide input concerning this inmate’s parole review or release must register with CDCR’s Office of Victim and Survivor Rights and Services. For further information, or to inquire about court ordered restitution, please visit CDCR’s Office of Victim and Survivor Rights and Services website or call toll-free 1-877-256-6877

BOARD OF PAROLE HEARINGS: For more information about the Board of Parole Hearings, please visit the Board’s website"
So yeah, being a "short timer", this is going to get sort of annoying. But they will update her eligibility date every time new credits are applied and of course, annually at her committee meeting.

If she is classified as non-violent, she will not have a face-to-face hearing but rather a review of her c-file and any supporting documents. Because it's so short, if she wants any letters of support to be in there, she should make those requests sooner than later. They do need to be dated within six months of the review.

If she is denied, it is a one year turn around*. If her time maxes out before that, then she would just max out and be done.

*My experience is much greater with VOs and parole hearings. If someone has different information regarding NVO review process, please feel free to correct this. Thanks!
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  #7  
Old 09-30-2019, 03:40 PM
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Originally Posted by studebaker71 View Post
I'm sorry, I really wish I could align with these categories and sections but to be honest, there's too many sections on this site. Its just like an albatross.
It's fine. We move posts all of the time so they can be a little easier to find. It is a large site but I always suggest bookmarking (in your case California) and start there rather than from the main feed of posts. If you're looking for a specific topic, try the search bar.

I really do promise that the longer you're here, the more it feels like home. The halls become more familiar and you get lost less and less often.
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  #8  
Old 10-01-2019, 08:40 PM
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I just saw the release date change so dramatically and don't know what to think about it. I mean its now "parole eligible date" Was march 2021, now feb 2020...
She's a short timer. If she's still in reception or just finishing that, maybe classification committee applied and calculated in good time credits? Is her offense an 80%, 66%, 50% time? Or is she going to a min security and eligible for 33% time? This could be an actual EPRD based on good time credit, not based on a parole hearing.

Prop 57 NVO early parole is usually based on, assuming you have a sentence and enhancement or multiple consecutive terms on some other legal theory, after serving base term you are eligible for parole and effectively not serve the enhancement. Did she have an enhancement or some other multiple consecutive sentencing?
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Old 10-01-2019, 09:23 PM
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Originally Posted by gvalliant View Post
She's a short timer. If she's still in reception or just finishing that, maybe classification committee applied and calculated in good time credits? Is her offense an 80%, 66%, 50% time? Or is she going to a min security and eligible for 33% time? This could be an actual EPRD based on good time credit, not based on a parole hearing.

Prop 57 NVO early parole is usually based on, assuming you have a sentence and enhancement or multiple consecutive terms on some other legal theory, after serving base term you are eligible for parole and effectively not serve the enhancement. Did she have an enhancement or some other multiple consecutive sentencing?
Yeah it was a second strike non violent felony at 66% 2+2 years enhancement. She got 489days credit in county and has been in state 85 or so days now.
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Old 10-01-2019, 09:29 PM
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Yeah it was a second strike non violent felony at 66% 2+2 years enhancement. She got 489days credit in county and has been in state 85 or so days now.
Sounds like a NVO early parole opportunity. You have a few months so the 2 of you should start gathering evidence. It's a paper parole process so give them some paper...
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Old 10-01-2019, 11:09 PM
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Default Our story...

I have been wondering why nothing was mentioned here about the NVO changes. For us (indeterminately-sentenced nonviolent offender), it's another waiting game... I generally stalk the CDCR inmate locator and noticed in January that his dates changed dramatically. Site showed NVO Parole review as January 2019, and his Consultation was moved up 4 years. He didn't get any information about it for weeks after I saw it online. He was given a letter from his counselor about a 'consultation' in May. After researching and talking to a few other guys that received the same letter (6 total), it was assumed that this 'consultation' was actually a hearing. He was the first one to be seen on the 'consultation' day. Only one person was there (they were expecting a panel)and he had no information about the NVO and the letter. All the guys after him were disappointed since they received the same "I don't know what that is about" response to their questions. After the consultation, all the guys were scheduled for a suitability hearing December 2021, but according to the guidelines, they all qualify to have a hearing before December 2020. Very discouraging.
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Old 10-01-2019, 11:26 PM
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I have been wondering why nothing was mentioned here about the NVO changes. For us (indeterminately-sentenced nonviolent offender), it's another waiting game... I generally stalk the CDCR inmate locator and noticed in January that his dates changed dramatically. Site showed NVO Parole review as January 2019, and his Consultation was moved up 4 years. He didn't get any information about it for weeks after I saw it online. He was given a letter from his counselor about a 'consultation' in May. After researching and talking to a few other guys that received the same letter (6 total), it was assumed that this 'consultation' was actually a hearing. He was the first one to be seen on the 'consultation' day. Only one person was there (they were expecting a panel)and he had no information about the NVO and the letter. All the guys after him were disappointed since they received the same "I don't know what that is about" response to their questions. After the consultation, all the guys were scheduled for a suitability hearing December 2021, but according to the guidelines, they all qualify to have a hearing before December 2020. Very discouraging.
So they are doing face-to-face hearings for NVO? Everything I've read said it was paper review. Consultations, conducted with one BPH commish, are *supposed* to be six years before their hearing date and give them a list of things to improve in their C-file and advice on how to prep for a hearing. But they've been all over the place because of running behind and all of the ways they can apply credits now.

I know the Dec 2020 and 2021 dates applied to indeterminate/determinate Youth Offenders, but beyond that I hadn't heard them applied under 57.

This is all so messy, still.
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Old 10-02-2019, 08:53 AM
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I am hopeful but of course this stuff is looking like some kind of mess. I think if they are interested in streamlining things this is not a way to go. I think they are making more of a mess out of peoples time than anything else.
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Old 10-02-2019, 09:17 AM
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I have been wondering why nothing was mentioned here about the NVO changes. For us (indeterminately-sentenced nonviolent offender), it's another waiting game...
NVO indeterminate sentence - so 3rd strike right?

I'm sure you followed the case last year that went to intermediate appeals courts. They reversed the 3rd striker exclusion and created a different process from NVO determinate sentence. Your description sounds like it followed that process? More or less? Except the counselor told hm nothing?

Unfortunately that is where things often break down. A positive change but indifferent counselors and staff don't properly inform inmates. How is anyone supposed to know, not like they can go online or buy newspapers to independently research. Maybe it's posted in prison library somewhere so they are "doing their duty". The minimum required....

In case you haven't seen it, here is an overview. Yes there is in person as opposed to just paper review. A series of steps. There is likely more complete info somewhere you can research.
Attached Files
File Type: pdf FAQ-Prop-57-Third-Striker-NVPP.pdf (153.8 KB, 3 views)
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Old 10-02-2019, 09:33 AM
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NVO indeterminate sentence - so 3rd strike right?

I'm sure you followed the case last year that went to intermediate appeals courts. They reversed the 3rd striker exclusion and created a different process from NVO determinate sentence. [...]

In case you haven't seen it, here is an overview. Yes there is in person as opposed to just paper review. A series of steps. There is likely more complete info somewhere you can research.
I missed this. Thank you. Looks like I've got some reading to do, but in short...the paper review is for NVO's and NVO second strikers, but indeterminate (third strikers) have yet another process that does include a hearing?
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Old 10-02-2019, 10:07 AM
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indeterminate (third strikers) have yet another process that does include a hearing?
Yes they do. More complex, longer term process. NVO third strikers need to be better informed of how that works.
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Old 10-02-2019, 09:17 PM
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NVO indeterminate sentence - so 3rd strike right?

I'm sure you followed the case last year that went to intermediate appeals courts. They reversed the 3rd striker exclusion and created a different process from NVO determinate sentence. Your description sounds like it followed that process? More or less? Except the counselor told hm nothing?

Unfortunately that is where things often break down. A positive change but indifferent counselors and staff don't properly inform inmates. How is anyone supposed to know, not like they can go online or buy newspapers to independently research. Maybe it's posted in prison library somewhere so they are "doing their duty". The minimum required....

In case you haven't seen it, here is an overview. Yes there is in person as opposed to just paper review. A series of steps. There is likely more complete info somewhere you can research.
Yes. All the guys going in that day were third strikers. One guy was told by his counselor that it was a hearing. One was told that he should be released in less than 6 months from the paper review. The others were told nothing. Again...all left disappointed.
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Old 10-02-2019, 09:27 PM
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Originally Posted by gvalliant View Post
NVO indeterminate sentence - so 3rd strike right?

I'm sure you followed the case last year that went to intermediate appeals courts. They reversed the 3rd striker exclusion and created a different process from NVO determinate sentence. Your description sounds like it followed that process? More or less? Except the counselor told hm nothing?

Unfortunately that is where things often break down. A positive change but indifferent counselors and staff don't properly inform inmates. How is anyone supposed to know, not like they can go online or buy newspapers to independently research. Maybe it's posted in prison library somewhere so they are "doing their duty". The minimum required....

In case you haven't seen it, here is an overview. Yes there is in person as opposed to just paper review. A series of steps. There is likely more complete info somewhere you can research.
There is actually a more current document. *NEW(7/9/2019) Not much has changed, but it is current.

Last edited by magicaljazz2; 10-02-2019 at 09:30 PM..
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Old 10-02-2019, 10:32 PM
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Yes. All the guys going in that day were third strikers. One guy was told by his counselor that it was a hearing. One was told that he should be released in less than 6 months from the paper review. The others were told nothing. Again...all left disappointed.
Why am I not surprised. Maybe there are a few competent counselors...somewhere. But how can these people be so useless? How hard is it for them to research materials they are supposed to so they know what they are talking about and provide these poor guys at least a modicum of competent help and counseling?

And we are paying these counselors $100K+ per year....

Think about that next time Sacramento wants to raise or create more taxes to help pay for entities like CDCR...
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