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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 01-31-2019, 04:03 PM
gvalliant gvalliant is offline
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Default Sb 136

Researching the California Legislative website. SB136 http://leginfo.legislature.ca.gov/fa...201920200SB136 was introduced Jan 15.

It has good reform people as authors and supporters. It will modify PC667.5 removing prison prior non-violent felony enhancements of additional 1 year term for each felony. This is a good bill we need to follow and support.

Last edited by gvalliant; 01-31-2019 at 04:09 PM.. Reason: clarification
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Old 01-31-2019, 07:52 PM
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Originally Posted by gvalliant View Post
It will modify PC667.5 removing prison prior non-violent felony enhancements of additional 1 year term for each felony. This is a good bill we need to follow and support.
Thanks for bringing it to attention. My first thought (not having read it yet) is doesn't that amend Three Strike laws?
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Old 01-31-2019, 11:05 PM
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Thanks for bringing it to attention. My first thought (not having read it yet) is doesn't that amend Three Strike laws?
So much excessive sentencing it's hard to sort it all out. As I read the bill, enhancement based on a violent offense "prison prior" is a few years and somehow separate form 3 strikes enhancements. Then just to pile on they also go back and see if there are any prior non-violent charges even if they are a decade or more old and add another year to the sentence for those if they find them. This bill eliminates that extra year for a non-violent prior.

It's an excessive enhancement. I support getting rid of it. Unfortunately it won't make much of a dent which is too bad. It would be nice if they find more impactful things to fix given the political capital they expend. There are plenty of worse laws that need fixing. Still, happy to see them trying.
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Old 02-01-2019, 01:07 PM
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Originally Posted by gvalliant View Post
Researching the California Legislative website. SB136 http://leginfo.legislature.ca.gov/fa...201920200SB136 was introduced Jan 15.

It has good reform people as authors and supporters. It will modify PC667.5 removing prison prior non-violent felony enhancements of additional 1 year term for each felony. This is a good bill we need to follow and support.


Lets hope this time this type of legislation gets approved . I believe that last year they tried to pass similar legislation , or get an inactive on the ballot but failed.( Looks like I need to go dig through my archives again ) Either way the new proposed legislation looks good and is very well written. Lets stay on our legislators as this Bill proceeds through the process,
This is the session to get sentence and prison reform done (non-election year)
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Old 05-29-2019, 10:26 AM
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Here is the latest on SB.136

Tracking Notification:

SB-136: Sentencing.

On 28-MAY-19 the following history action was applied:

"Read third time. Passed. (Ayes 21. Noes 11.) Ordered to the Assembly."
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Old 10-23-2019, 12:41 AM
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It looks like this bill has passed and will go into effect on 01/01/20. Does anyone know if its retroactive or not?
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Old 11-09-2019, 02:30 PM
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I am also trying to find out if it is retroactive or only applies to new sentences after Jan 2020? Thank you
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Old 11-09-2019, 04:30 PM
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The bill and new law are silent on retroactivity. A couple of thoughts:

1) Since the 1 year enhancement it eliminates is for non-violent felonies, this enhancement is eligible under prop 57 early parole provision anyway. However you have to rely on parole board. They have discretion. Given Parole Board are generally useless, that doesn't help enough. Nonetheless...

2) This is the kind of change in law that CDCR is supposed to be looking for 1170(d)(1) resentencing recommendation. Discussed extensively in this thead: http://www.prisontalk.com/forums/sho...d.php?t=712474

Probably have to ask a counselor to initiate 1170(d)(1) process. Explaining 1170(d)(1) law plus SB136 and why the combination of laws has merit is probably over the head of most counselors. But it could be something for CDCR to consider. According to various analysts on the legislation there are 10,000 to 15,000 people who currently have to serve that enhancement. That's 10,000 to 15,000 prison years @ 50% or 66% time since non-violent, which is still a lot of years. If it requires going to court for the actual resentence hearing they might not like the cost. But if resentence can be done by remote filing, then it would be minimal cost with big impact.

I dunno. I'd try that.

Last edited by gvalliant; 11-09-2019 at 05:18 PM.. Reason: punctuation/grammar
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Old 11-10-2019, 07:50 PM
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I am also trying to find out if it is retroactive or only applies to new sentences after Jan 2020? Thank you

The only way it could apply is if the inmates matter is still active in the courts.
By active in the courts means if the matter is under appeal As far as retroactive most new legislation is not From a real fast read of the law I couldn't find anything in about it being retroactive You can read SB-136 Sentencing.(2019-2020)
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