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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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  #101  
Old 06-16-2017, 11:40 AM
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Does anyone understand how this will effect someone sentenced to a determinate AND indeterminate term that totals less than 25 years (12 years plus 7 to life)?
If they follow the previous procedure, the determinate would not qualify as they must serve a min of 15 years. The indeterminate may qualify, but I believe they would have to serve the min 25 years in order to see a youth hearing. Obviously we hope your LO isn't serving 25 on a 7-L. I could be wrong and they may use a YPH standard at his regular hearing, but it's worded in such a way that it appears they have to complete the 25 years first.

Last edited by miamac; 06-16-2017 at 11:42 AM..
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  #102  
Old 06-16-2017, 12:07 PM
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Thank you Miamac. My question was not about my LO who has a determinate 12 year sentence, but about another inmate that I know. He was 19 when he committed his crime in 2006 and is currently scheduled for his first parole hearing in 2023, which I believe would be 85% of 12+7. I am concerned that this may make him eligible for parole at 85% of 15, which would be within a year or two. Quick math is not my strong point, but what I am understanding now is that he wouldn't be eligible for a Youth Offender Parole hearing at all, unless he is denied at his first adult hearing?

For clarity, this is someone who's release I am not in favor of.
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  #103  
Old 06-16-2017, 12:35 PM
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Thank you Miamac. My question was not about my LO who has a determinate 12 year sentence, but about another inmate that I know. He was 19 when he committed his crime in 2006 and is currently scheduled for his first parole hearing in 2023, which I believe would be 85% of 12+7. I am concerned that this may make him eligible for parole at 85% of 15, which would be within a year or two. Quick math is not my strong point, but what I am understanding now is that he wouldn't be eligible for a Youth Offender Parole hearing at all, unless he is denied at his first adult hearing?

For clarity, this is someone who's release I am not in favor of.
I've moved our posts to the SB261 thread just because the person was 19 at the time and that makes puts them under this bill and not the AB for age 25 and under.

OK, so I was all over the map with this one so I went to the text (ha! seems obvious, and yet... )

(2) A person who was convicted of a controlling offense that was committed before the person had attained 23 years of age and for which the sentence is a life term of less than 25 years to life shall be eligible for release on parole by the board during his or her 20th year of incarceration at a youth offender parole hearing, unless previously released or entitled to an earlier parole consideration hearing pursuant to other statutory provisions.

I believe this means he will NOT see a YOP.

Last edited by miamac; 06-16-2017 at 12:39 PM..
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  #104  
Old 11-04-2017, 09:15 PM
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OK, y'all. I'm beating my head against the wall over here and maybe if I "talk it out" in the thread it will make sense to me.

Quick recap for those who haven't seen my bajillion posts about my husband's timeline for 261.
YOP eligibility date is March of 2016.
Had his consultation in June of 2016.
Was told he would be heard by end of 2017, not happening.

NOW: the inmate locator has yet another added feature to track actions or possible action dates by the board. It's at the bottom, a yellow button. If you click it you can see info like eligibility date, consultation and hearing date info.

So I went to the hearing schedule and April has a TON of initial YOP hearings scheduled (yay!!!) and I wanted to see when they had their consultations and what their eligibility date ranges were, hoping to get an idea of when we might get a date.

Well, eff me-- and no ill will intended if I'm describing your LOs situation, I'm just baffled as heck. There are people with initial YOP hearings on the calendar with eligibility dates of Jan and Feb of 2018.

Why are they scheduling people not yet eligible but those who's date is (waaaaay) past are still twiddling their thumbs? As of tonight, the locator has mine down for a potential hearing in Dec of 2021-- the deadline set by CDCR.

I'm beyond frustrated and maybe the 2021 date is a placeholder until he's on the calendar, but holy smokes it didn't feel good to see. He's already 19-20 months past his YEPD and zero obvious reasons for it being delayed further.

Last edited by miamac; 11-04-2017 at 09:44 PM.. Reason: date correction
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  #105  
Old 11-04-2017, 09:42 PM
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Took some screen shots so it might be more clear.
First one is my husband's, second is someone else. Both fall under YOP guidelines.
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  #106  
Old 11-05-2017, 06:22 PM
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Originally Posted by miamac View Post
Took some screen shots so it might be more clear.
First one is my husband's, second is someone else. Both fall under YOP guidelines.
Wow this totally sucks I hate this stuff it's like beating a dead horse with the stupid prison systems. I hope maybe someone who can actually do some good can look into this for you!!!
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  #107  
Old 11-05-2017, 06:37 PM
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Wow this totally sucks I hate this stuff it's like beating a dead horse with the stupid prison systems. I hope maybe someone who can actually do some good can look into this for you!!!
It's very frustrating. Talking to staff inside you get about as much info as we can now access ourselves. Last conversation he was told "December 2021". But that's the deadline for them to have everyone done so it doesn't mean squat. When we contacted Sacramento (headquarters) we were told the same thing. It may just be that he's on the next round to get scheduled, but it's hard not to get riled up when you see people getting dates who aren't even eligible yet. :/

Thank you for letting me vent! :P
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  #108  
Old 11-05-2017, 06:42 PM
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It's very frustrating. Talking to staff inside you get about as much info as we can now access ourselves. Last conversation he was told "December 2021". But that's the deadline for them to have everyone done so it doesn't mean squat. When we contacted Sacramento (headquarters) we were told the same thing. It may just be that he's on the next round to get scheduled, but it's hard not to get riled up when you see people getting dates who aren't even eligible yet. :/

Thank you for letting me vent! :P
Oh vent away!!! I can just imagine the frustration and knowing me everyone in a 30,000 mile radius would know about it!!! Hang tough chin up!!!
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  #109  
Old 11-06-2017, 02:21 PM
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Originally Posted by miamac View Post
It's very frustrating. Talking to staff inside you get about as much info as we can now access ourselves. Last conversation he was told "December 2021". But that's the deadline for them to have everyone done so it doesn't mean squat. When we contacted Sacramento (headquarters) we were told the same thing. It may just be that he's on the next round to get scheduled, but it's hard not to get riled up when you see people getting dates who aren't even eligible yet. :/

Thank you for letting me vent! :P
I've been doing the same just to get an idea of how behind or what not they are and I also noticed that.. but from what I can tell its those having to serve 15 years. I haven't found one that has to serve 20 or 25 that are getting scheduled early. Don't know if yours has a determinate or indeterminate sentence but just something I noticed. M husband has a determinate sentence so I can't lie and say it wasn't kinda exciting to see those getting scheduled
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  #110  
Old 11-06-2017, 02:57 PM
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I've been doing the same just to get an idea of how behind or what not they are and I also noticed that.. but from what I can tell its those having to serve 15 years. I haven't found one that has to serve 20 or 25 that are getting scheduled early. Don't know if yours has a determinate or indeterminate sentence but just something I noticed. M husband has a determinate sentence so I can't lie and say it wasn't kinda exciting to see those getting scheduled
Mine is a determinate. His 15 years was up March 2016.
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  #111  
Old 11-06-2017, 03:28 PM
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Mine is a determinate. His 15 years was up March 2016.
Oh wow
Yea idk. The few that I looked into were all determinate and seemed to be going up early. At least that’s what it looked like
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  #112  
Old 12-04-2017, 11:03 PM
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Took some screen shots so it might be more clear.
First one is my husband's, second is someone else. Both fall under YOP guidelines.

I was hoping that you might be able to explain what this means. My fiance's counselor will not discuss things with him. Ive been following the threads about this and seems like you have a better understanding than i do lol.
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  #113  
Old 12-05-2017, 12:26 AM
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I was hoping that you might be able to explain what this means. My fiance's counselor will not discuss things with him. Ive been following the threads about this and seems like you have a better understanding than i do lol.
Counselor's are stubborn beasts, at time.
Their consultation date *should* be at least six years before their hearing eligibility date. So if they're saying he'll have a consultation in 2028, that *should* mean that his hearing will be sometime in 2034.

If he's a determinate sentence, 2034 should be his 15 year mark.
If he's less than 25-Life, 2034 should be his 20th year.
If he's 25-Life, 2034 should be his 25th year.

I say *should* on all of these because that's how the bill was written. It's a little tough to tell if they're hitting the six year consultation mark and they've got a backlog a mile long of hearings. But by the time 2028 rolls around, they should be running on time.

A consultation is a meeting with a member of the board. It's not a hearing, it's not formal. It's a sit-down conversation where the board member looks at their C-file and tells them how they might better prepare themselves for parole in their remaining time. If an inmate is programming and avoiding trouble, this meeting sure be purely positive news.
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