July 2, 2022 This is the date that the law outlines as the deadline for CDCR to identify all other individuals that fall under this law. hVSTU?Xp},C5K0 Show More, Matt was extremely helpful in getting an old case off my back that has been following me for years. Matthew G. Kaestner is located in Long Beach, CA and serves clients in and around Long Beach, Wilmington, San Pedro, Harbor City, Carson, Woodland Hills, Torrance, Compton, Hawaiian Gardens, Bellflower, Paramount, Artesia, Gardena and Los Angeles County. Web2813. Summary: This bill allows a court to grant probation for specified drug offenses which are currently either ineligible or presumptively ineligible for probation. However, relief conveyed by SB 180 was not retroactive, meaning unless a case was currently on appeal or otherwise not final, a defendant could not qualify for a resentencing. There is millions of voters related to inmates ,there is also a large quantity of CDCR employees who are voters and related to inmates .CDCR employees know they have a job in a crowded or uncrowded prison setting , so if less inmates less work same pay but always a yearly raise .The public now becomes the prison guards on the streets of California and it doesnt cost the government as much money as housing those inmates .That saved money can now fund more pensions , while the public not politicians are forced to become a public prison employee at their own expense and lack of safe secure life living in California. Legislation: Federally, S 2146 (2019), the Second Look Act of 2019, proposed to allow people to petition a federal court for a sentence reduction after serving at least 10 years. %%EOF Ideally, the Census Bureau would implement a national solution by tabulating incarcerated people at home in the 2030 Census, but states must be prepared to fix their own redistricting data should the Census fail to act. These suspensions disproportionately impact low-income communities and waste government resources and time. ", The California Public Defenders Association argues that the bill "is bad public policy because it takes discretion away from judges and it imposes a one size fits all sentence on individuals in the criminal justice system. The state's officers must also undergo a mental health screening once every five years. (SB 567, 3, subd. Cutting incarceration rates to anything near pre-1970s levels or international norms will be impossible without changing how we respond to violence, because of the sheer number of people over 40% of prison and jail populations combined locked up for violent offenses. What follows is a brief overview of new criminal laws in California in 2022 by Long Beach criminal law attorney, Matthew Kaestner. Before the rise of these release cards, people were given cash or a check. Incarcerating people for technical violations of probation and parole conditions whether in jail for a so-called quick dip or flash incarceration or in prison is a common but harmful and disproportionate response to minor rule violations. It would be a seamless transition for the many of them. Problem: Correctional facilities increasingly use fee-riddled cards to repay people they release for money in their possession when initially arrested, money earned working in the facility, or money sent by friends and relatives. From homelessness to childhood trauma, learn about the lives of people in prison before they were locked up. Problem: Numerous studies have linked parental incarceration to negative outcomes for parents and children. In some states notably Tennessee and Texas thousands of people whom the parole board deemed safe to return to the community remain incarcerated simply because the state has imposed this bureaucratic hurdle. Senate Bills 180 and 136 did nothing to address these inequities. NCCR, also known as stealthing, is the practice of removing a condom during sex without the consent of a sexual partner. In 8 states, more people are admitted to prison for technical violations than for new crimes. Problem: Probation and parole are supposed to provide alternatives to incarceration. Originally, Section 11370.2 provided: Any person convicted of a violation of, or of a conspiracy to violate, Section 11378 or 11379 with respect to any substance containing a controlled substance specified in paragraph (1) or (2) of subdivision (d) of Section 11055 shall receive, in addition to any other punishment authorized by law, including Section 667.5 of the Penal Code, a full, separate, and consecutive three-year term for each prior felony conviction of, or for each prior felony conviction of conspiracy to violate, Sections 11351, 11351.5, 11352, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11380.5, or 11383, whether or not the prior conviction resulted in a term of imprisonment. The Effect of SB 483 on California Sentencing Enhancements | Los Angeles Criminal Appeals Lawyer. The new rules are being disputed. He makes me rest easy knowing he is on it., "Matthew is the epitome of hard work and dedication, when it comes to his work. Legislation and model program: New York SB 1795 (2021) establishes MAT for people incarcerated in state correctional facilities and local jails. More information: See our report Correctional Control 2018: Incarceration and supervision by state for details on how probation sets people up to fail and the Executive Session on Community Corrections report Less Is More: How Reducing Probation Populations Can Improve Outcomes for more on downsizing probation. Make citations, rather than arrest, the default action for low-level crimes. Similarly, a study of people released from prison in New York and California between 1991 and 2014 found that only 1% of those convicted of murder or nonnegligent manslaughter were re-incarcerated for a similar offense within three years. 1170(b)(1), (2)] A court may, however, consider a certified record of prior convictions in determining an appropriate sentence. Warren Fitzgerald Past President Massachusetts Bar Association Past President Massachusetts Academy of Trial Lawyers Winnable criminal justice reforms in 2023 | Prison Policy Any aggravating circumstances must be found true in a separate proceeding after guilt is found. Please include what you were doing when this page came up and the Cloudflare Ray ID found at the bottom of this page. Massachusetts H 1798/S 1600 (2021) sought to eliminate punitive parole conditions, require parole conditions be related to the crime of conviction, and prohibit revocation of parole for parole violations that do not result in conviction. (California State Library.) States that are serious about reforming their criminal justice systems can no longer afford to ignore people serving time for violent offenses. Taking action now ensures that your state will have the data it needs to end prison gerrymandering in the 2030 redistricting cycle. Solutions: Shift funding from local or state public safety budgets into a local grant program to support community-led safety strategies in communities most impacted by mass incarceration, over-policing, and crime. If you or a loved one need a first class Attorney protecting you in court he is extremely experienced, knowledgeable and straight forward. Now, they are given a mandatory prepaid card instead, which comes with high fees that eat into their balance. At the close of business on 2/15/2023 the total national debt exceeded $31.4 trillion. Problem: Calls home from prisons and jails cost too much because the prison and jail telephone industry offers correctional facilities hefty kickbacks in exchange for exclusive contracts. As of 2022, 1 in 19 Black adults nationwide was disenfranchised because of a felony conviction (and in 8 states, its more than 1 in 8). Constructive debate is good; mockery, taunting, and name calling is not. Those taking effect on There was never any doubt during the process that he was giving his all. Criminal justice reforms frequently exclude people who have been convicted of violent or sex offenses. California AB 1245 (2021) proposed to amend this process by allowing a person who has served at least 15 years of their sentence to directly petition the court for resentencing. New California pay-to-play law taken to court. The new law allows challenges to the use of a peremptory challenge based on these criteria, and requires the party exercising the peremptory challenge to state race neutral reasons for exercising the peremptory challenge.Challenges based on the following are presumed invalid: (1) Expressing a distrust of or having a negative experience with law enforcement or the criminal legal system. Often the sole criteria for release is access to money for bail. Under prior law, an incarcerated person who was refusing to come to court to participate in a preliminary hearing or trial was forcibly extracted. States can use Colorados Community Reinvestment model. Here's a look at some of them. Senate Bill 1375, reproductive access. Also soliciting a vote, speaking to a voter about marking the voter's ballot, or disseminating visible or audible electioneering information in the immediate vicinity of a voter in line to cast a ballot or drop off a ballot is prohibited. (2) Expressing a belief that law enforcement officers engage in racial profiling or that criminal laws have been enforced in a discriminatory manner. By Naila Awan 3459 0 obj <>/Filter/FlateDecode/ID[<7447CF3D461DD04C8CA60962682B2F88>]/Index[3445 30]/Info 3444 0 R/Length 87/Prev 990116/Root 3446 0 R/Size 3475/Type/XRef/W[1 3 1]>>stream Now high term sentences are permissible only when a jury finds beyond a reasonable doubt or a party stipulates to aggravating circumstances. When Biden took office in 2021 the total national debt exceeded $27.7 trillion. Where counties rely on these fees for revenue, courts are incentivized to impose unnecessary or excessive probation sentences. Pretrial detention also leads to jail overcrowding, which means more dangerous conditions for people in jail, and it drives sheriffs demands for more and bigger jails wasting taxpayer dollars on more unnecessary incarceration. Legislation: New York S 1144A (2021) restricts incarceration for technical violations of parole; Michigan S 1050 (2020) restricts the amount of time a person can be incarcerated for technical violations of probation; and Massachusetts H 1798/S 1600 (2021) proposed to reduce reincarceration for technical violations or parole. Siding with the CDCR, Judge Mesiwala found that the prosecutors lacked standing to challenge the regulations. See also the Pew Charitable Trusts report To Safely Cut Incarceration, States Rethink Responses to Supervision Violations. However, for many inmates, the laws have significantly changed for the better since their sentence, making them eligiblealthough not entitledto relief. His compassion and caring for his clients ensure he will get the Solutions: Pass laws or ordinances that make people with conviction histories a protected class under civil rights statutes. This year, we're focusing on 10 new laws that could impact your world. If a parent is incarcerated, they should be placed as close to their family as possible, and meaningful transportation options (such as state-funded ride programs) should be available to guarantee that children are able to regularly visit incarcerated parents. But while it was intended to disrupt major criminal organizations, it is disproportionately used against poor people who cannot afford to challenge the seizures (unlike a criminal proceeding, there is generally no right to free counsel in a forfeiture case). She agrees that this bill is needed because it exposes the victim to physical risks of pregnancy and disease and is a grave violation of one's dignity and autonomy. What's new:SB-73 is an amendment that would end mandatory prison sentences for nonviolent drug offenses. Problem: Video calling is quietly sweeping the nations prisons and local jails. Legislation: Ordinance 22-O-1748 (2022), passed in October 2022 by the Atlanta City Council, bars employment discrimination on the basis of criminal history status in most circumstances. States and U.S. territories have changed restrictions on jury service through legislative reform, amendments to court rules, and changes to executive clemency rules. Solutions: There are a number of solutions available to address these problems. Solutions: States must either directly fund and administer indigent defense services, ensuring that it is funded as an equal component of the legal system, or create a state entity with the authority to set, evaluate, and enforce indigent defense standards for services funded and administered by local governments. More information: See FAMMs Turning Off the Spigot and our geographic sentencing enhancement zones page. The Effect of SB 483 on California Sentencing Enhancements, "Matthew is the most knowledgeable lawyer. Selected and edited by . Starting in 2022, many neutral reasons for excusing a juror are now presumed to be unlawful and subject to challenge. New California pay-to-play law taken to court. When a court recalls an inmates case for a resentencing hearing under SB 483, it must appoint an attorney for the inmate. This week, the Administration of Justice policy area provides information on new laws affecting criminal justice fees, courts, police reform and juvenile justice. For example, in 2019, California lawmakers passed Senate Bill 1393, giving judges the ability to strike the previously mandatory five-year sentencing enhancement for a prior serious felony conviction. Legislation and rulemaking: New York S 1014/A 2377 (2021) proposed to end the lifetime ban on jury service for people with felony convictions in New York and restore the right to serve on a jury after completion of sentence. While most state prison phone systems have lowered their rates, and the Federal Communications Commission has capped the interstate calling rate for small jails at 21c per minute, many jails are charging higher prices for in-state calls to landlines. Problem: Police are empowered to seize and keep any personal assets, such as cash or cars, that they suspect are involved in a crime, even when there is never a related arrest or conviction. Obstacles on submitting ballot applications or ballots are eliminated. [SiteMap], See our profiles at to determine if SB 483, or any other re-sentencing petition, applies to you. Now, under Penal Code section 1109 gang enhancements under Penal Code sections 186.22 (b) and (d) must be tried separately and after guilt of the underlying charge is determined. More information: Challenging E-Carceration, provides details about the encroachment of electronic monitoring into community supervision, and Cages Without Bars provides details about electronic monitoring practices across a number of U.S. jurisdictions and recommendations for reform. Part 2 in New California laws for 2022 includes ethnic studies, probable cause, developmental services, student instructions, budget act, mental health services and more. For example, in the 1965 case, In re Estrada, the court explained, when there is nothing to indicate a contrary intent in a statute, it will be presumed that the Legislature intended the statute to operate prospectively and not retroactively. Ensure that people have access to health care benefits prior to release. The main thrust of SB 483 is straightforwardit is intended to provide resentencing hearings for anyone currently serving a sentence that is at least in part made up of a Section 11370.2 or Section 667.5(b) enhancement. NEW PERSPECTIVES ON BUSINESS LAW. More information: See our explainer on preventing opioid overdose deaths in prison, and our report Chronic Punishment, which details the high number of people in state prisons with substance use disorders. A law requires prisons to allow inmates free phone calls ends a much-loathed system that charged exorbitant fees. Problem: Generally, the dollar amount of a theft controls whether the crime is treated as a felony or a misdemeanor. Professor Diane Lourdes Dick, who teaches tax, business and commercial law courses, joined the faculty as a professor. Senate Bill 775 and What It Means for California Inmates. Victims of violence prefer an investment in prevention and rehabilitation rather than incarceration. Our central hub of data, research, and policy responses to the COVID-19 pandemic in jails and prisons. At that point, the court has until December 23, 2023, to resentence the inmate. More information: See our report Rigging the jury, and the Collateral Consequences Resource Centers chart for your states laws on when, or if, people with a conviction history qualify for jury service. PLEA BARGAININGCONSIDERATION OF AGE, CHILDHOOD/SEXUAL/INTIMATE PARTNER VIOLENCE AND OTHER TRAUMAUnder new Penal Code section 1016.7 prosecutors are required to consider psychological, physical and childhood trauma, a persons youth (under 26 years old) or the fact that an accused was the victim of intimate partner violence or human trafficking when deciding how to resolve a criminal case. AB 278 by Assemblymember Kevin McCarty (D-Sacramento) allows the California Conservation Corps to accept applicants who are on parole. CALIFORNIA, USA On Jan. 1, things will be a little different with the California crime laws when it pertains to certain drug offenses. Notifications can be turned off anytime in the browser settings. Judge Shama Mesiwala was sworn in as a Court Commissioner in 2017 .Im not sure if she has become an actual court Judge She is known to be one of Californias few Islamic faith based judges and a female at that .The Clintons was one of the first politicians advocating that United States legal system convert to the Sharia law system .This could be the start of Sharia Law in California .Shama is new to the court system in a judicial form so she is walking on hot coals and Im pretty sure the other real judges available didnt want another hot potato on their plate so it was handed to the new fish along with a long stare possibly .In my opinion letting inmates out early is an invitation to see them again Most only serving time for what could be prosecuted not for all their crimes they committed in their lifetimes . Problem: Four states have failed to repeal another outdated relic from the war on drugs automatic drivers license suspensions for all drug offenses, including those unrelated to driving. This change should also be made retroactive for all people currently in prison, on parole, or on probation for felony theft. Lawmakers understandably prioritize consideration of those who have served their base sentence, any other enhancements, and are only serving time based on Section 11370.2 or Section 667.5(b) enhancements. Heres a look at some of them. More information: See our drivers license suspensions page. Javascript must be enabled for the correct page display, Most felony charges carry three terms, a low, mid and high term. Solutions: States should pass legislation establishing moratoriums on jail and prison construction. More information: See details about the CAHOOTS program. Corrections officials often claim that these policies are for reducing dangerous drug contraband, but their effectiveness in this regard is disputed. More information: See the Colorado Criminal Justice Reform Coalitions Community Reinvestment memo, the Center for American Progresss How to Reinvest in Communities when Reducing the Scope of Policing, and the Urban Institutes Investing Justice Resources to Address Community Needs. Statute Decoder . Part 2 in New California laws for 2022 includes ethnic studies, probable cause, developmental services, student instructions, budget act, mental Matt was extremely helpful in getting an old case off my back that has been following me for years. Although SB 483 makes clear that many inmates are entitled to a resentencing hearing, it does not necessarily mean that the court will modify the base sentence of any other sentencing enhancements that were applied. (3 felonies, two of them strikes, settled for a misdemeanor.) Reclassify criminal offenses and turn misdemeanor charges that dont threaten public safety into non-jailable infractions, or decriminalize them entirely. Solutions: Pass legislation ending medical fees in prisons and jails. States should pass legislation requiring that a parents status as a caregiver be considered at the time of sentencing and when considering alternatives to incarceration. More specifically, SB 483 deals with enhancements under California Health and Safety Code Section 11370.2 (Section 11370.2) and California Penal Code Section 667.5(b) (Section 667.5(b)). Many of the new laws are Bidens national debt cut is actually a 13.4% increase. Ending the school-to-prison We serve clients throughout California, including, but not limited to, those in the following localities: Attorney Advertisement: Prior successes does not guarantee similar or like success on future matters. Legislation: Maine LD 1521 (2021) brings Maine among the ranks of Nebraska, North Carolina, and New Mexico in ending civil asset forfeiture. Solutions: Alabama, Arkansas, Florida, and Texas should formally opt out of the federal automatic suspension law. Solutions: States should seek to avoid parental incarceration. For materials on second-look sentencing, including a catalogue of legislation that has been introduced in states, see Families Against Mandatory Minimums Second Look Sentencing page. California Governor Gavin Newsom (pictured) has signed into law a bill that provides death-row prisoners relief from convictions or death sentences obtained on the basis of race, ethnicity, or national origin.. The long sentences people receive for such offenses and their exclusion from reforms that could reduce excessively long sentences have resulted in the growing number of aging and elderly people in prison. More information:See Families for Justice as Healing, Free Hearts, Operation Restoration, and Human Impact Partners Keeping Kids and Parents Together: A Healthier Approach to Sentencing in MA, TN, LA and the Illinois Task Force on Children of Incarcerated Parents Final Report and Recommendations. Summary: This bill adds nonconsensual condom removal (NCCR) to the existing civil sexual battery statute. Police officers must be at least 21 years old and agencies may not authorize techniques that can cause positional asphyxia. While mortality rates and recidivism risk are highest shortly after release, those exiting prison may be released with little more than a one-time stipend (ranging from about $10 $200), a train or bus ticket, some clothes, and items that they had at the time of admission. Additionally, the court can, but is not required to, consider an inmates post-conviction factors, such as their efforts at rehabilitation, diminished physical condition, reduced risk of future violence, and other evidence suggesting a change in circumstances since the original sentencing hearing. States can address this vacuum by passing legislation requiring state prison systems and counties to negotiate for phone calls and video calling services for people in their custody on the basis of the lowest cost to the consumer. SB 483 is clearly focused on reducing sentences, and the vast majority of inmates who may qualify should not fear receiving a greater sentence. Show More, For 32 years I worked with numerous Attorneys. Now only persons convicted of drug offenses involving minors who have priors are ineligible for probation, except in unusual cases. However, public defense systems are not adequately resourced; rather, prosecutors and courts hold a disproportionate amount of resources. 2542] to cases which are final. Problem: Spending time in a local jail leads to a number of collateral consequences and financial roadblocks to successful reentry, and higher recidivism rates that quickly lead to higher state prison populations. Well versed on the law and a seasoned and polished attorney. Expand alternative to criminal justice system responses to social problems, Reduce the number of people entering the revolving doors of jails and prisons, Improve sentencing structures and release processes to encourage timely and successful releases from prison, Reduce the footprint of probation and parole systems and support success on supervision, Protect incarcerated people and families from exploitation by private contractors, Promote physical and mental health among incarcerated and formerly incarcerated people, Give all communities equal voice in how our justice system works, Eliminate relics of the harmful and racist war on drugs, S 2146 (2019), the Second Look Act of 2019, our briefing with national data and state-specific data for 15 states, Rhode Island launched a successful program to provide MAT, explainer on preventing opioid overdose deaths in prison, useful guide to using MAT for opioid use disorder in jails and prisons, analysis showing which states charge people in prison medical fees, and illustrating the cost burden of each states fee on incarcerated patients, summary of what states suspended prison medical fees during the onslaught of the COVID-19 pandemic, recent analysis of the state of medical fees in 2022, Jury Plan for the Superior Court of the District of Columbia, Florida changed its executive clemency rules, Collateral Consequences Resource Centers chart, The COVID-19 pandemic and the criminal justice system, Dive deep into the lives & experiences of people in prison. First, the Secretary of the CDCR and the count correctional administrator must identify those persons in their custody currently serving a [sentence] that includes an enhancement described in subdivision (a) and shall provide the name of each person, along with the persons date of birth and the relevant case number or docket number, to the sentencing court that imposed the enhancement.. She agrees this bill is needed because rapists who are convicted under spousal rape law may face less severe sentencing. The new law generated by SB81 goes into effect on January 1, 2022. A significant proportion of people who have committed violent crimes have been victims of crime or serious trauma themselves. Prohibit the revocation of probation or parole for a violation that does not result in a new conviction. NEW PERSPECTIVES ON BUSINESS LAW. A San Mateo city council meeting at City Hall in San Mateo on Dec. 12, 2022. For just over a decade, she served on the faculty at Seattle University School of Law and recently served as chair of the Business Law Section of the Washington State Bar New criminal laws in 2022 continued the liberalization of sentencing laws, restrictions on police conduct, and the recognition of the effects of youth and prior victimization as a cause of anti-social behavior. Further, the enhancement applied even if a previous conviction resulted in a sentence of probation. Decriminalize drugs, poverty, sex work, and homelessness. 236.24) Also, convictions of such victims for non-violent offenses can be set aside upon a petition under new P.C. A San Mateo city council meeting at City Hall in San Mateo on Dec. 12, 2022. Solutions: Cities, counties, and states should establish non-police crisis response systems. In at least 6 states, people who have been convicted of a misdemeanor lose their right to vote while they are incarcerated. 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