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  #276  
Old 02-21-2017, 01:53 PM
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Here we go. Get ready to hear the Whittier Argument in the (very, very predictable) push for expanding 667.5.

We said this would happen. 57 fallout is real. Doesn't matter that this guy was released under AB109 and 57 wouldn't have touched him. This is the stuff we'll see being hashed out. Watch the report and see how it's being twisted. When people talk about "the will of the voter", were they talking about this?

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  #277  
Old 02-21-2017, 02:30 PM
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Default Memorandum being circulated

Hi Everyone,

My LO read to me a memo that is being handed out by the counselor at the institution he is at. I have taken the time to transfer what was read to me down so that you guys have the info. He told me the to and from were blacked out and the date from the second page was January 23, 2017. I would like to know if anyone else heard about this from their LO?


MEMORANDUM

I recently attended a meeting with the Secretary of the Department of Corrections and Rehabilitation in which he shared some of the changes in the way that credits are awarded to state prisoners.



These changes were occasioned by the passage of Prop. 57. Some are explicitly mandated by article 1, section 32(a)(1) of the California Constitution whole others are permitted under section 32(a)(2). They are still in the proposal stage and could be changed or modified by the governor or by the Department.


Here are the highlights:


PAROLE CONSIDERATION: Clients convicted of “non-violent” felonies will be entitled to “parole consideration” after they have served the “full term” for their “primary offense” (Cal.Const., art. 1 § 32 (a)(1).)



Many inmates will qualify for this review. But so called, “3rd Strikers,” 290 registrants and those convicted of one of the violent felonies listed in Penal Code section 667.5 will not.


The term “primary offense” is defined as the substantive crime for which the client received the longest term. It does not include, “enhancements, consecutive sentences or alternative sentences” [think: Penal Code § 1170.12 [3 Strikes] or 667.61 [One strike], (Cal.Const., art. 1 § 32 (a)(2).)


In calculating the length of the “full term,” the Department will not include conduct credits. Thus, for example, a client who is convicted of car theft and receives a four year prison term will have to wait four years for a parole hearing.


Inmates will receive “parole consideration” but it will not be a full-blown parole hearing. It will instead consist of what the Department called a “paper process” in which the inmate’s pre and post incarceration conduct will be reviewed by an administrative law judge from the Board of Parole Hearings. An inmate who is denied parole can be considered again after a year.


CONDUCT CREDITS: The Department proposes to increase conduct credits for most inmates. Here are some of the changes:


  • Non-Violent felony + strike priors: Inmates sentenced under the Penal Code section 1170.12 [“3 Strikes” law] for non-violent offense will now receive conduct credits at 33% rate [up from 20%];
  • Violent Felony: All inmates serving a sentence for a violent felony (Penal Code section 667.5) will now receive credits at 20% rate [up from 15%];
  • Life Sentences: Inmates serving life sentences (including murder) will now receive conduct toward their eventual parole hearing date. The rate will be 20% for violent and 30% for non-violent felonies. This category includes inmates who are eligible for Youth Offender Parole [Y.O.P.];
  • Fire Camp Participants: The Department is contemplating giving all inmates assigned to fire camp two days credit for each day served regardless of their convictions.
  • Non-Violent felony sentenced under Penal Code section 1170.1: Inmates serving a standard sentence for non-violent felony will continue to receive day for day credits [50% rate];
  • LWOP and death sentences: Inmates serving and LWOP or death sentence continue to receive no conduct credits.
MILESTONE COMPLETION CREDIT PROGRAM: The Department offers around 200 vocational and educational programs through its Milestone Program. These programs are available to all inmates. In the past, an inmate could earn up to six (6) weeks of additional conduct credit through participation in these programs, The Department proposes to increase that to 12 weeks.


EDUCATIONAL MILESTONE CREDIT PROGRAMS: The Department offers courses toward an A.A. degree, a G.E.D. and certificate in Substance Abuse Treatment. These programs are available to most inmates. Inmates who earn an A.A. degree or the Substance Abuse certification will receive an additional six (6) months of conduct credit. Those who earn an G.E.D. will receive an additional three (3) months.


REHABILITATIVE ACHIEVEMENT CREDIT [SELF-HELP] PROGRAMS: The Department offers about 400 different self-help programs, including NA, AA, and anger management counseling. These programs are available to all inmates. An inmate who successfully completes 208 hours of self-help will be awarded an additional month of conduct credit.

Last edited by mellemel619; 02-21-2017 at 02:33 PM..
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  #278  
Old 02-21-2017, 02:38 PM
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They are still in the proposal stage and could be changed or modified by the governor or by the Department.
I don't see anything there that jumps out as new to me, but the above statement, to the best of my knowledge, is still the place we're at with this. The changes outlined have been batted around (though this does seem a bit more specific) and accepted as the proposed changes.

We're just waiting for them to be made official. It's always curious to me to hear of staff handing out information with blacked-out portions. Thanks for sharing.
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  #279  
Old 02-21-2017, 02:41 PM
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Originally Posted by Mrs.Dutra View Post
Has anyone heard or seen any recent updates on Prop. 57 and early release for CDCR inmates? My husband got 8 years 8 months and was sentenced Jan. 2014 he is level 4 and is a half timer. He was told by his counselor that he is eligible for prop. 57 due to his past prison prior. By the looks of the mysterious regulations of prop. 57 will it ever take effect?
I'm kicking myself right now because I actually was reading an L.A. Times article about Jerry Brown and Prop 57 yesterday that indicated (source uncited unfortunately) that they're estimating that 57 reforms for adult inmates should roll out some time around October. But even that was vague and non-definitive and, as I indicated, didn't cite a source. And now I can't find a link.... :\

Keep in mind that he will have to serve 100% of his base sentence before Prop 57 would come into play. So if he got 7 years, for example, he'd have to serve 7 years before he'd be eligible for early release. If, however, let's say (for the sake of a hypothetical situation where 57 could benefit someone,) he got a base of 3 and then a strike prior of the violent variety enhancement of 5 and then a consecutive minor offense of 1/3 the mid-term being 8 months...then he'd be eligible after three years assuming that rules are put in place.

His best bet, regardless, is to avoid write-ups. If you have write-ups, even if you qualify for possible relief under 57, it could still be counted against you at review and you might still serve your full sentence.

Good luck to you and your husband! I hope that this law will bring you both some form of sentencing relief.

-E
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  #280  
Old 02-21-2017, 02:46 PM
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Originally Posted by mellemel619 View Post
Hi Everyone,

My LO read to me a memo that is being handed out by the counselor at the institution he is at. I have taken the time to transfer what was read to me down so that you guys have the info. He told me the to and from were blacked out and the date from the second page was January 23, 2017. I would like to know if anyone else heard about this from their LO?


MEMORANDUM

I recently attended a meeting with the Secretary of the Department of Corrections and Rehabilitation in which he shared some of the changes in the way that credits are awarded to state prisoners.



These changes were occasioned by the passage of Prop. 57. Some are explicitly mandated by article 1, section 32(a)(1) of the California Constitution whole others are permitted under section 32(a)(2). They are still in the proposal stage and could be changed or modified by the governor or by the Department.


Here are the highlights:


PAROLE CONSIDERATION: Clients convicted of “non-violent” felonies will be entitled to “parole consideration” after they have served the “full term” for their “primary offense” (Cal.Const., art. 1 § 32 (a)(1).)



Many inmates will qualify for this review. But so called, “3rd Strikers,” 290 registrants and those convicted of one of the violent felonies listed in Penal Code section 667.5 will not.


The term “primary offense” is defined as the substantive crime for which the client received the longest term. It does not include, “enhancements, consecutive sentences or alternative sentences” [think: Penal Code § 1170.12 [3 Strikes] or 667.61 [One strike], (Cal.Const., art. 1 § 32 (a)(2).)


In calculating the length of the “full term,” the Department will not include conduct credits. Thus, for example, a client who is convicted of car theft and receives a four year prison term will have to wait four years for a parole hearing.


Inmates will receive “parole consideration” but it will not be a full-blown parole hearing. It will instead consist of what the Department called a “paper process” in which the inmate’s pre and post incarceration conduct will be reviewed by an administrative law judge from the Board of Parole Hearings. An inmate who is denied parole can be considered again after a year.


CONDUCT CREDITS: The Department proposes to increase conduct credits for most inmates. Here are some of the changes:


  • Non-Violent felony + strike priors: Inmates sentenced under the Penal Code section 1170.12 [“3 Strikes” law] for non-violent offense will now receive conduct credits at 33% rate [up from 20%];
  • Violent Felony: All inmates serving a sentence for a violent felony (Penal Code section 667.5) will now receive credits at 20% rate [up from 15%];
  • Life Sentences: Inmates serving life sentences (including murder) will now receive conduct toward their eventual parole hearing date. The rate will be 20% for violent and 30% for non-violent felonies. This category includes inmates who are eligible for Youth Offender Parole [Y.O.P.];
  • Fire Camp Participants: The Department is contemplating giving all inmates assigned to fire camp two days credit for each day served regardless of their convictions.
  • Non-Violent felony sentenced under Penal Code section 1170.1: Inmates serving a standard sentence for non-violent felony will continue to receive day for day credits [50% rate];
  • LWOP and death sentences: Inmates serving and LWOP or death sentence continue to receive no conduct credits.
MILESTONE COMPLETION CREDIT PROGRAM: The Department offers around 200 vocational and educational programs through its Milestone Program. These programs are available to all inmates. In the past, an inmate could earn up to six (6) weeks of additional conduct credit through participation in these programs, The Department proposes to increase that to 12 weeks.


EDUCATIONAL MILESTONE CREDIT PROGRAMS: The Department offers courses toward an A.A. degree, a G.E.D. and certificate in Substance Abuse Treatment. These programs are available to most inmates. Inmates who earn an A.A. degree or the Substance Abuse certification will receive an additional six (6) months of conduct credit. Those who earn an G.E.D. will receive an additional three (3) months.


REHABILITATIVE ACHIEVEMENT CREDIT [SELF-HELP] PROGRAMS: The Department offers about 400 different self-help programs, including NA, AA, and anger management counseling. These programs are available to all inmates. An inmate who successfully completes 208 hours of self-help will be awarded an additional month of conduct credit.
If the memorandum is legitimate, then it's very interesting.

My concern is that someone made up a memo just to mess with inmates. Some of the things mentioned on here have been floating around for years.

However, some proposals (20% instead of 15 for VO) are new.

For any of this to take effect though, there would have to be changes not only to department policy but to penal codes. I have not seen this reflected in any state legislature bills, and whether 57 gives CDCR the power to change credit disbursement to this extent remains to be seen and, I would think, would likely be challenged in the courts by victims rights advocates.

Still, the fact this was passed around as a memo is very interesting and worth noting. Thank you for sharing.

-E
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  #281  
Old 02-21-2017, 07:14 PM
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If the memorandum is legitimate, then it's very interesting.

-E
What that memo says seems to correlate pretty well with what I heard Prop. 57 authors saying on the conference call a few weeks back. So here's hoping it's true!

Usually the legislature will change the Penal Code only after the regulations are finalized, I believe. At least that's how it worked w Prop. 47.
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  #282  
Old 02-22-2017, 12:40 AM
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What that memo says seems to correlate pretty well with what I heard Prop. 57 authors saying on the conference call a few weeks back. So here's hoping it's true!

Usually the legislature will change the Penal Code only after the regulations are finalized, I believe. At least that's how it worked w Prop. 47.
Actually, Prop 47 was pretty straight-ahead, the changes in the penal code were written right into it. Prop 57 as pertains to juveniles was also written right into the penal code. That's why as soon as the propositions passed the changes that were actually defined as far as the penal code immediately were recognized by the courts and petitions were immediately filed.

On 47...Penal Code 1170.18 for reference on what the voters voted into law.
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  #283  
Old 02-22-2017, 01:20 AM
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Quote:
Originally Posted by mellemel619 View Post
Hi Everyone,

My LO read to me a memo that is being handed out by the counselor at the institution he is at. I have taken the time to transfer what was read to me down so that you guys have the info. He told me the to and from were blacked out and the date from the second page was January 23, 2017. I would like to know if anyone else heard about this from their LO?


MEMORANDUM

I recently attended a meeting with the Secretary of the Department of Corrections and Rehabilitation in which he shared some of the changes in the way that credits are awarded to state prisoners.



These changes were occasioned by the passage of Prop. 57. Some are explicitly mandated by article 1, section 32(a)(1) of the California Constitution whole others are permitted under section 32(a)(2). They are still in the proposal stage and could be changed or modified by the governor or by the Department.


Here are the highlights:


PAROLE CONSIDERATION: Clients convicted of “non-violent” felonies will be entitled to “parole consideration” after they have served the “full term” for their “primary offense” (Cal.Const., art. 1 § 32 (a)(1).)



Many inmates will qualify for this review. But so called, “3rd Strikers,” 290 registrants and those convicted of one of the violent felonies listed in Penal Code section 667.5 will not.


The term “primary offense” is defined as the substantive crime for which the client received the longest term. It does not include, “enhancements, consecutive sentences or alternative sentences” [think: Penal Code § 1170.12 [3 Strikes] or 667.61 [One strike], (Cal.Const., art. 1 § 32 (a)(2).)


In calculating the length of the “full term,” the Department will not include conduct credits. Thus, for example, a client who is convicted of car theft and receives a four year prison term will have to wait four years for a parole hearing.


Inmates will receive “parole consideration” but it will not be a full-blown parole hearing. It will instead consist of what the Department called a “paper process” in which the inmate’s pre and post incarceration conduct will be reviewed by an administrative law judge from the Board of Parole Hearings. An inmate who is denied parole can be considered again after a year.


CONDUCT CREDITS: The Department proposes to increase conduct credits for most inmates. Here are some of the changes:


  • Non-Violent felony + strike priors: Inmates sentenced under the Penal Code section 1170.12 [“3 Strikes” law] for non-violent offense will now receive conduct credits at 33% rate [up from 20%];
  • Violent Felony: All inmates serving a sentence for a violent felony (Penal Code section 667.5) will now receive credits at 20% rate [up from 15%];
  • Life Sentences: Inmates serving life sentences (including murder) will now receive conduct toward their eventual parole hearing date. The rate will be 20% for violent and 30% for non-violent felonies. This category includes inmates who are eligible for Youth Offender Parole [Y.O.P.];
  • Fire Camp Participants: The Department is contemplating giving all inmates assigned to fire camp two days credit for each day served regardless of their convictions.
  • Non-Violent felony sentenced under Penal Code section 1170.1: Inmates serving a standard sentence for non-violent felony will continue to receive day for day credits [50% rate];
  • LWOP and death sentences: Inmates serving and LWOP or death sentence continue to receive no conduct credits.
MILESTONE COMPLETION CREDIT PROGRAM: The Department offers around 200 vocational and educational programs through its Milestone Program. These programs are available to all inmates. In the past, an inmate could earn up to six (6) weeks of additional conduct credit through participation in these programs, The Department proposes to increase that to 12 weeks.


EDUCATIONAL MILESTONE CREDIT PROGRAMS: The Department offers courses toward an A.A. degree, a G.E.D. and certificate in Substance Abuse Treatment. These programs are available to most inmates. Inmates who earn an A.A. degree or the Substance Abuse certification will receive an additional six (6) months of conduct credit. Those who earn an G.E.D. will receive an additional three (3) months.


REHABILITATIVE ACHIEVEMENT CREDIT [SELF-HELP] PROGRAMS: The Department offers about 400 different self-help programs, including NA, AA, and anger management counseling. These programs are available to all inmates. An inmate who successfully completes 208 hours of self-help will be awarded an additional month of conduct credit.

My LO actually referenced that of which the milestone program reads as well! So he definitely got wind of that at his facility as well! I hope the rest is true as well because he's working on getting his AA in business, so that will be another 6 months credit if so! Thank you for the update!
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  #284  
Old 02-22-2017, 10:24 AM
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Actually, Prop 47 was pretty straight-ahead, the changes in the penal code were written right into it. Prop 57 as pertains to juveniles was also written right into the penal code. That's why as soon as the propositions passed the changes that were actually defined as far as the penal code immediately were recognized by the courts and petitions were immediately filed.

On 47...Penal Code 1170.18 for reference on what the voters voted into law.
Ahh... thanks!

Also, won't any proposed credit changes have to go through the 45-day public comment period?
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Last edited by qwerty; 02-22-2017 at 10:28 AM..
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Old 02-22-2017, 11:31 AM
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Ahh... thanks!

Also, won't any proposed credit changes have to go through the 45-day public comment period?
Yes. Any changes, period. Credit changes. Program changes. Rehabilitation incentive changes. Milestone changes. Classification changes. Policy regarding the parole hearings and reviews themselves. Everything has to go through the public comment period.
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  #286  
Old 02-23-2017, 03:04 PM
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Just an update on the Whittier case...

"The 26-year-old felon suspected of fatally shooting a Whittier police officer was not released from state prison early, the state corrections department announced Tuesday, contradicting earlier statements from police and sheriff’s officials.

Michael C. Mejia “served his full state prison terms as defined by law,” according a statement from the California Department of Corrections and Rehabilitation.

Mejia was released from state prison on April 19, 2016, according to the statement."

The reason I'm putting this here is because just like there was a huge gap in understanding when 57 was voted on, the reaction to this incident will no doubt carry an absence of understanding by the general public. The headlines retracting misinformation are much smaller and softer than the ones that lambasted early release in the days following the shooting.

Mejia was sentenced under AB109 and did complete his sentence. He is exactly who county departments are referring to when they cite the failure of realignment. As proponents of reform, we cannot ignore his record. But we can hold news outlets responsible for accurate information.

Be informed. Know the difference between AB109, what 57 proposes and why they are (thus far) drastically different.
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  #287  
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Throwing this message here because I started it here and then went to the specific thread and I'm receiving no answers at all.

Looking for detailed information regarding the MCRP program - son is endorsed to program. I have queried many avenues (all I know of). Sent emails to DRP and the ombudsman, left vmails with DRP and no response from them either. Does anyone have a loved one in this program? If so, please reply to the MCRP thread. Does anyone know another avenue I can look into - I have the CDCR website, pdf, and video links but there are a lot of questions unanswered.

This query has some relationship to prop 57 because his endorsement is early and I assume it is because of the assumed minimal proposition's effect itself on a prisoner or a change to the MCRP program due to the proposition.

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Old Yesterday, 01:11 PM
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Looking for detailed information regarding the MCRP program - son is endorsed to program. I have queried many avenues (all I know of). Sent emails to DRP and the ombudsman, left vmails with DRP and no response from them either. Does anyone have a loved one in this program? If so, please reply to the MCRP thread. Does anyone know another avenue I can look into - I have the CDCR website, pdf, and video links but there are a lot of questions unanswered.
General question: Is MCRP considered alternative custody? I'm asking because as we see reentry services under 57 expand, I would be curious to know if they might add more locations for MCRP. But then, this isn't a path to early release so maybe it doesn't matter?

MCRP thread is here.
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Old Today, 09:10 AM
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General question: Is MCRP considered alternative custody? I'm asking because as we see reentry services under 57 expand, I would be curious to know if they might add more locations for MCRP. But then, this isn't a path to early release so maybe it doesn't matter?

MCRP thread is here.
I know they added one more location - San Francisco. This is not on any of the websites yet. GEO is handling it and it did make the press in December 2016. Supposed to open this month. It is downtown and will facilitate up to 80 men.
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