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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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  #76  
Old 06-05-2019, 05:25 PM
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Eric- you're absolutely right! That has definitely given him that hope at coming home that he needed.

I just came across this on FB and thought I'd share it here too. I attached a screenshot.
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  #77  
Old 06-05-2019, 06:34 PM
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When running into this new law and trying to gather as much information to send him it seems to be almost impossible to go at it the right way. I emailed his public defender asking for any kind of information that he might know. His response was to have my fiance write a letter to the sentencing judge asking for leniency under this new law. HE also stated that some judges will take that into consideration. I have printed out so much info to send and he has drafted so many letters for the sentencing judge.
[...]
Also, i know this isnt the right thread but does anyone know anything about the good time served being applied from the YOPD law that is going to senate? i believe its AB 965? how can we find out if this passes, will it be retroactive?

Thank you again !
I believe our sentencing judge is dead. Ha!

The bill making its way through regarding YOP does not address the issue of retroactivity. As we know, 57 didn't apply retroactively save for some education credits, so my guess is...no. This just alters which date they will apply credits to.

A good thing, but another swing and a miss for a lot of us.
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  #78  
Old 06-06-2019, 08:53 AM
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I am here to ask, should my loved one have a staff member submit this form for him? should he send the letter to the sentencing judge for consideration? Basically, where do we start. if anyone has any adice or can steer us in the right direction i would deeply appreciate it.
Sentencing judge does not have authority to recall sentence under this law. Judges authority to recall sentence generally ends 120 days after sentencing. CDCR had authority to recall sentence under existing law. Legislation expanded that authority about this time last year and CDCR was provided more funding to do this more aggressively with that legislation.

Additional changes made by different legislation allowing the DA to recall sentence. That law became effective January of this year.

Your goal is to convince CDCR or the DA to recommend sentence recall. My understanding is that for the last half of 2018 CDCR made 100's of recommendations and about half of those successfully resentenced. I am not aware yet of any DA anywhere making a recommendation. Not to say they wouldn't. Writing / submitting to the courts might work and you should try but getting CDCR to submit is best chance especially since legislature did give them a prod last year.
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  #79  
Old 06-06-2019, 11:12 AM
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Hello everyone,
I hope that my long post doesn't come out confusing. This whole ordeal seems to be enough for everyone to try and sort through. My fiance was tried and convicted in Los Angeles County. He's on his 10th year of his term. Since so many laws have passed he was given an YOPD, which gave him soo much hope. His original sentence was 82 years to life. His date is now 2033. As MIAMAC pointed out, thats not something the CDCR is really following through with.

When running into this new law and trying to gather as much information to send him it seems to be almost impossible to go at it the right way. I emailed his public defender asking for any kind of information that he might know. His response was to have my fiance write a letter to the sentencing judge asking for leniency under this new law. HE also stated that some judges will take that into consideration. I have printed out so much info to send and he has drafted so many letters for the sentencing judge.

Upon research through this site I followed some of the links that were posted and got a form that was once only available for the San Joaquine area. I've searched the LA County court site to see if they were currently accepting this form. I attached a screenshot of what I found.

I am here to ask, should my loved one have a staff member submit this form for him? should he send the letter to the sentencing judge for consideration? Basically, where do we start. if anyone has any adice or can steer us in the right direction i would deeply appreciate it.

Also, i know this isnt the right thread but does anyone know anything about the good time served being applied from the YOPD law that is going to senate? i believe its AB 965? how can we find out if this passes, will it be retroactive?

Thank you again !

This 2033 date would be his suitability hearing.(It may change with new legislation) Here is a flowsheet from CDCR on. How to Determine Whether an Inmate Qualifies as a "Youth Offender" under PC § 3051
AB-965 Youth offender hearings: credits
here is the last action on A.B 965-
05/24/19In Senate. Read first time. To Com. on RLS. for assignment.
05/24/19Read third time. Passed. Ordered to the Senate. (Ayes 44. Noes 23.)
No it has not passed yet,( let me fully read this Bill, it I did a quick read and see some great changes in it)but it is one of the few Bills which continues to get support. Have you seen or reviewed this information from Prison Law Office ? YOUTH OFFENDER PAROLE This booklet covers SB 260, SB 261, AB 1308, and SB 394 The section of the Penal code being discussed in this booklet are, Penal Code 3041, 3046, 3051, and 4801. You can find these in the [url="https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PEN&tocTitle=+Penal +Code+-+PEN"]California Penal Code. With the changes to 1170(d)(1) P.C Your best hope is getting a recall of sentencing. But then I myself don't see all that many DA's going out of their way for someone that is incarcerated
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Old 06-06-2019, 11:19 AM
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A.B 965-
let me fully read this Bill, it I did a quick read and see some great changes in it
Thanks, Patrick! I read it yesterday and the only thing I see is that they are looking to apply credits to their YOP date rather than the standard EPD and that's fantastic, but it does not apply to elder parole dates nor does it include a section on retroactivity. But, I may have missed it. The super large text format is hard for me to read and I didn't copy it to another doc like I typically do.
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  #81  
Old 06-06-2019, 11:42 AM
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Thanks, Patrick! I read it yesterday and the only thing I see is that they are looking to apply credits to their YOP date rather than the standard EPD and that's fantastic, but it does not apply to elder parole dates nor does it include a section on retroactivity. But, I may have missed it. The super large text format is hard for me to read and I didn't copy it to another doc like I typically do.


The version I took a quick look at was the Today's law as amended. I like it becasue they use different colors to highlight the changes. I am not through reading it , but what I have read in section 3051.(2)(B)(b)(1) is an improvement. Most of the change really apply to sections (2), (3) & (4) it isn't earth shattering legislation. NO it isn't retroactive. They keep doing these little changes but they never address the real problem CDCR does what the hell it wants. Then calls it legal until challenged
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  #82  
Old 07-22-2019, 07:18 PM
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I would think that rather than CDCR just sending info, that you would want to have an attorney there to represent you and present why you should have your sentence reduced. I also thought I had read that the court would have to appoint an attorney for you as well, but I could be mistaken about this. I think it's a drag that they didn't even tell you it was going to happen.



I've recently read that some districts will be setting up committees to handle these recall of sentences. However, I also believe that you can have an attorney approach the court and the DA and ask them to consider it too. I think that as time goes on, this part of the law will be worked out - at least I hope it will.
Hi so I was wondering how is it going with the 1170 ? I’ve been searching to find a way to start my fiancé on this.
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  #83  
Old 07-23-2019, 10:25 AM
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Hi so I was wondering how is it going with the 1170 ? I’ve been searching to find a way to start my fiancé on this.
It depends. PC1170 covers sentencing law (https://leginfo.legislature.ca.gov/f...4.5.&article=1.) and is very long and has many provisions.

There are a very few provisions (sections) providing possibility for resentence. CDCR can recommend it or DA can recommend it based on exceptional conduct or egregious sentencing. Certain elder offenders or offenders with serious medical conditions can be considered or certain military / veteran offenders under qualifying conditions can petition court. These are all sections / provisions of PC1170.

Assuming he is not seriously ill, meaning likely to die soon, or a qualifying veteran, he pretty much has to convince CDCR or DA to recommend resentence based on his good conduct and/or inappropriate sentencing. Those are more or less the options.
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  #84  
Old 07-23-2019, 08:25 PM
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This section 1170(d)(1)of the Penal Code is turning into another cluster f**k It has basically boiled down to CDCR will decide who gets action if any from the new changes.In this section where the DA may petition for resentencing has really turned more into a joke sorry to say.
I will give you an example of why it is a joke( this is only my view and my expernice with the process) When an inmate does submits the approved paper work(by approve I mean the approved application process set up by the District Attorneys Office or the Public Defenders Office from the committing county.) There is no "general application that is a state wide standard as of yet
Once you submit your county approve application to one of the two agencies.That I mentioned above they will " research your application". If they feel you qualify then they write a letter to The Secretary of Corrections suggesting that CDCR review your file for resentencing review. Then CDCR decides if the inmate meets the criteria for CDCR to prepare the information for sentence review by the sentencing court.
This is what I have been told in many many hours of in-service training. I feel I have wasted a lot of my time money and effort on these new laws that would help reduce some peoples sentences. Those who get any positive from these changes may change my view in the future. Be aware there are groups that claim they can speed up your "application" process or get your petition into court. I will not name names but I am aware of a few people that have taken this avenue. Only to be out $1,500 for nothing For a little bit more understanding of my post .Read this Penal Code § 1170(d)(1) CDCR Resentencing Recommendations (AB 1812) Some of you may have already read this booklet from Prison Law. Yes I have been AWOL for a while
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  #85  
Old 07-23-2019, 08:37 PM
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Hi so I was wondering how is it going with the 1170 ? I’ve been searching to find a way to start my fiancé on this.


The best place to start is either at the District Attorneys Office or the Public Defenders Office of the committing county ( each county is different, look on both) Look for information on sentence review on their web site
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  #86  
Old 07-25-2019, 09:30 AM
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Good Morning,
I was wondering if there is anybody who has gone through the 1170d recall of sentence process in here?

My husband has a volunteer who is going to submit his name for a recommendation to CSU to hopefully begin the process of getting him back into court and re-sentenced. We're both very excited (trying to not get to excited because afterall we are talking about the CDC here *sigh*) and just trying to get any info we can from people who have gone through the process.

TIA
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Old 07-25-2019, 02:45 PM
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Good Morning,
I was wondering if there is anybody who has gone through the 1170d recall of sentence process in here?

My husband has a volunteer who is going to submit his name for a recommendation to CSU to hopefully begin the process of getting him back into court and re-sentenced. We're both very excited (trying to not get to excited because afterall we are talking about the CDC here *sigh*) and just trying to get any info we can from people who have gone through the process.

TIA
I believe member qwerty and her LO have, but she hasn't logged in for a little bit. If you scroll back to the beginning of the thread, you can read her experience.
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Old 07-25-2019, 03:06 PM
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I believe member qwerty and her LO have, but she hasn't logged in for a little bit. If you scroll back to the beginning of the thread, you can read her experience.
I messaged her right after I wrote this post haha! Thanks!!
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  #89  
Old 07-29-2019, 07:41 PM
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I messaged her right after I wrote this post haha! Thanks!!
Just PMd you! And it's true I only check in once in a blue moon LOL
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Let's give 'em something to talk about!

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Old 08-04-2019, 02:06 PM
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I attended a Webinar by Advancing Justice for Commutation of Sentence and they went over 1170 (d) re-sentencing. Please note that the ONLY thing that would disqualify someone from being eligible for re-sentencing are those who have been sentenced to death. Even those who have LWOP have had their sentences reduced.


Therefore, having to serve 10 years before you are eligible is also incorrect and should be written to the email I presented below.



For instance, my son and someone else's LO who attended the seminar was told by the Counselor that he was not eligible because you can't have had a 115 in 5 years. This is incorrect.




From what Advancing Justice is saying, right now CDCR is working out the specifics based upon a Pilot program they are running, but it will ultimately be based upon AB2942.



They would like help to get some of the issues with 1170 d brought before CDCR. If you know of anyone who was told something other than what I've stated above, please send an email to: resentenceDecarcerate@gmail.com


Halo527


PS: The Webinar was incredible informative on how to apply for a Commutation. Check this group out, I think they may have recorded it and/or may have it again. All the reference materials were also great.

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  #91  
Old 08-05-2019, 04:29 PM
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Fingers crossed I did this right-- clicking here should take you to the reference materials from the webinar.

Thanks so much for sharing, Halo!!

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Old 08-07-2019, 09:24 AM
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Anyone considering 1170(d)(1) should read the PDF reference materials. Detail on CDCR's position and criteria on resentencing recommendation and at least one DA office - Santa Clara. How DA's handle this law varies from county to county. We need to find out what other counties have to say about it. I know that currently Orange County is silent.

Recent changes to enhancement laws (GBI, in-prison felonies, gun) and how this relates creates a huge under the radar opportunity.

Halo points out that lifers qualify. CDCR screening document specifies no LWOP, no condemned, includes 3rd strikers which is a category of lifer, but silent on other lifers. Think felony murder lifers...how about them for example? The specific language in 1170(d)(1) refers to Code 1168(b) which is life / indeterminate sentence. That is important, I read that to mean all lifers. I'm not sure I read anything in that code that should exclude LWOP?? Regardless, CDCR should loosen their standards further. Not just 3rd strikers but ALL category of life sentence should qualify.

Important comments on plea agreements. The law (and courts) get hung up on plea agreements. Courts are hesitatant to insert itself into terms of a "negotiated plea". 1170(d)(1) explicitly states "including a judgment entered after a plea agreement". This language seems to give courts freedom to do exactly that.

A CDCR eligibility criteria is "new information". Information that may not have been known or presented at trial or sentencing. One can file a Habeas for that but this may be a better, faster way to get relief?

Information to help understand how one might get consideration from CDCR. What is not clear is how to get a DA to look at your case. An attorney has ability to help I would think. How does someone without an attorney get a DA to seriously consider them?

Is there a link someone can provide to this "Advancing Justice" group. When I search it continually brings up links to "Asian Americans Advancing Justice". I don't think that is right. Can anyone help?
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Old 08-07-2019, 12:50 PM
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Information to help understand how one might get consideration from CDCR. What is not clear is how to get a DA to look at your case. An attorney has ability to help I would think. How does someone without an attorney get a DA to seriously consider them?

Is there a link someone can provide to this "Advancing Justice" group. When I search it continually brings up links to "Asian Americans Advancing Justice". I don't think that is right. Can anyone help?
Thank you, g, for reading through this and a nice outline! Always so helpful.

I'm usually "don't waste money on an attorney" for most CDC regs, but I think you're right. This one does appear to be one of those cases where you may want to treat it exactly as you would an appeal because essentially you are appealing the original sentence and you do need to at least communicate with the DAs office.

As far as a link to the group, that's all I've ever been able to find and in fact I linked to their handout earlier in the thread. I'm not sure if this is just a pet project they've picked up, but they've done a fantastic job from what I can see. Maybe we could get some collaboration from Initiate Justice, LSA and the like?


edit: I know I linked it but for the life of me can't find it. must have been another thread. I'll link back when I find it.

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Old 08-07-2019, 01:03 PM
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This is interesting and possibly helpful! I found this while searching for the "missing link" I posted earlier. It's from Assemblymember Phil Ting's website (which I think he's borrowed from sentencereviewproject.org).

It is a basic intake form for AB 2942 and 1170d. Looks like a great cover sheet when trying to gain support for applying for 1170d. What do you guys think?


https://a19.asmdc.org/sites/a19.asmd...e%20Form_0.pdf
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Old 08-07-2019, 07:53 PM
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Anyone considering 1170(d)(1) should read the PDF reference materials. Detail on CDCR's position and criteria on resentencing recommendation and at least one DA office - Santa Clara. How DA's handle this law varies from county to county. We need to find out what other counties have to say about it. I know that currently Orange County is silent.

Recent changes to enhancement laws (GBI, in-prison felonies, gun) and how this relates creates a huge under the radar opportunity.

Halo points out that lifers qualify. CDCR screening document specifies no LWOP, no condemned, includes 3rd strikers which is a category of lifer, but silent on other lifers. Think felony murder lifers...how about them for example? The specific language in 1170(d)(1) refers to Code 1168(b) which is life / indeterminate sentence. That is important, I read that to mean all lifers. I'm not sure I read anything in that code that should exclude LWOP?? Regardless, CDCR should loosen their standards further. Not just 3rd strikers but ALL category of life sentence should qualify.

Important comments on plea agreements. The law (and courts) get hung up on plea agreements. Courts are hesitatant to insert itself into terms of a "negotiated plea". 1170(d)(1) explicitly states "including a judgment entered after a plea agreement". This language seems to give courts freedom to do exactly that.

A CDCR eligibility criteria is "new information". Information that may not have been known or presented at trial or sentencing. One can file a Habeas for that but this may be a better, faster way to get relief?

Information to help understand how one might get consideration from CDCR. What is not clear is how to get a DA to look at your case. An attorney has ability to help I would think. How does someone without an attorney get a DA to seriously consider them?

Is there a link someone can provide to this "Advancing Justice" group. When I search it continually brings up links to "Asian Americans Advancing Justice". I don't think that is right. Can anyone help?

Hi! Haven't connected with you in a while. Hope all is well. Let's talk sometime soon.


Advancing Justice is Asian American's A.J. They started out trying to help Asians, but now help all people of color per their website. When I took the Webinar, they answered questions about 1170 D. I sent Mia the items they published to post (see post above). They said that CDCR is not correctly applying the law yet and there are criminal justice reform groups working with CDCR to get the 1170 D's implemented properly. I think that it is too soon to see how it will end up being implemented and personally, we are going to use this as a last resort for my son, mostly because like OC, LA County is still trying to figure it out. HOWEVER, A.J. did publish statistics (Model 1170 Case Summary from the attachment above). OC has reviewed 48 cases and LA 309, however in LA only 75 had sentence reductions. It does seem that since there was a Plea Bargain, some of those were not accepted.


I also received alot of information from the Webinar on Commutations. I will be publishing the references from that soon.


Halo
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Old 08-07-2019, 10:12 PM
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This is all encouraging. I still have more reading to do. But a few things.

Mia, the link to Sentence Review Project is https://www.sentencereview.org/. Founded by and is a one person organization - Hillary Scott. Former San Francisco prosecutor, worked a while under Kamala Harris. She is the original author of AB 2942, so the best resource available on this. I know Assmblymember Ting is the author, but to quote Bernie she wrote the damn law. I'm going to reach out to her. The bill has good language, she knows what she is doing.

Important to think of this as 2 distinct laws. CDCR initiated filings and DA initiated filings. Hillary makes that distinction clearly. Halo, when you say LA reviewed 309 and OC reviewed 48 - every single one was CDCR initiated. To this day, the number of DA initiated = 0. Hillary speaks of that. I already know OCDA has initiated 0. We approached OCDA Todd Spitzer and senior staff just over a month ago. None of them knew about the law until we told them. That was in June - 6 months after it had been state law, and they had no idea. It will be a while before we see the DA initiated part of the law get action.

The reason Santa Clara DA office is taking a lead and preparing is they co-authored this legislation with Hillary Scott. Look for them to create landmark cases in coming months (hopefully) regarding DA initiated filings. That will be important precedent from a DA perspective for others to follow.

The form Hillary designed and you posted is specifically to help request a DA initiated filing. She recommends you send to her for review before you do anything. She only looks at people who are 10 years plus in. I'm sure that's because she has limits on what she can handle and has to draw a line. Reading her site, I suspect other than reviewing she's not going to help file or recommend filing - yet. Not until DA offices get started on this. It's all about getting ready. She also recommends you do not just send this to DA, even if the process eventually gets momentum in California. I agree with Mia that most regs can be done without attorney help. I would even agree that trying to get CDCR to recommend 1170(d)(1) filing is something you don't need an attorney. However trying to get DA to initiate a filing is not a DIY project. You want a lawyer to at least review what you are doing.

This is open to just about anyone - who meets all the criteria. Read the PDF to understand what you must do to meet the criteria. Read it carefully. Given there are 2 paths I see no reason whatsoever that if a CDCR initiated petition fails, you are precluded from taking another bite at the apple and trying to make a DA initiated petition happen.

Are you reading this Qwerty? I don't think you're done. Get prepared for a DA referal.

CDCR should be first attempt. If it doesn't work then go DA. The DA will be a harder process plus it's clearly not ready yet. When it is ready, as pointed out in the materials, if a DA recommends you have a virtual slam dunk in court. What judge is going to rule against defense and prosecution agreeing in the matter? No sane judge will fight that.

Final comment re CDCR. Halo is right. CDCR is not applying the law correctly. Reading their criteria closely. No LWOP. Must have served 10 years or 50% term. Plea agreements "may" be eligible. None of that is in the law. CDCR wrote that into title 15. Same bullshit they pulled with prop 57. They have been overturned time and again when taken to court and challenged on their "making up rules". Even today are busy rewriting 57 regs because they were called on their BS. I hope similar groups with resources will do the same and not let them get away with making rules that suit them but are not consistent with the language or intent of the law. Some of their written criteria maybe are within their purview, but at least the ones I just listed - CDCR needs to be called on before this gets too far along.

I am glad however CDCR spells out criteria for retroactive relief under changes to enhancement laws. As I pointed out earlier, this can be impactful. Very impactful. For example, we wondered a few years ago how SB620 change to 12022.53 gun enhancement might be applied retroactively. Well here you go.

Last edited by gvalliant; 08-07-2019 at 10:31 PM.. Reason: Added comment
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Old 08-08-2019, 12:57 AM
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San Diego county used ab2942 to initiate resentencing. The man was sentenced 50 years to life. He was released in June after serving 13 years. He was a third striker. Idk why this is just now coming out but I’m glad they are open to the new law. I always was told San Diego county is a tuff one
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Old 08-10-2019, 05:44 PM
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Default Penal Code 1170(d) Recall of Commitment Referrals Frequently Asked Question

Penal Code 1170(d) Recall of Commitment Referrals Frequently Asked Questions For Informational Purposes June 11, 2019
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Old 08-15-2019, 10:37 AM
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Quote:
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Should this have gone into the 1170(d)(1) thread? It's related to that, not Prop 57.

The PDF is more evidence CDCR initiated filings are active and being better defined and refined. The document brings up interesting questions. Including inmates who resentence and eligible for immediate release. If served enough time to cover the new sentence AND the post-release parole period are they also free of parole?
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Old 08-15-2019, 02:02 PM
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Quote:
Originally Posted by gvalliant View Post
Should this have gone into the 1170(d)(1) thread? It's related to that, not Prop 57.

The PDF is more evidence CDCR initiated filings are active and being better defined and refined. The document brings up interesting questions. Including inmates who resentence and eligible for immediate release. If served enough time to cover the new sentence AND the post-release parole period are they also free of parole?
I've merged these two in with the 1170d thread. Thanks!
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