When this legislation takes effect in 2023, roughly 80% of people arrested in Cook County (Chicago) will be ineligible for pretrial detention. More information: See Ending Legal Bias Against Formerly Incarcerated People: Establishing Protected Legal Status, by the Haas Institute for a Fair and Inclusive Society (now the Othering & Belonging Institute), and Barred Businesss The Protected Campaign for information about the campaign to pass Ordinance 22-O-1748 in Atlanta. Photo by Jane Tyska/Bay Area Senate Bills 180 and 136 did nothing to address these inequities. Louisiana HB 249 (2017) requires inquiries be made into a persons ability to pay before imposing fines and fees or enforcing any penalties for failure to pay. [SiteMap], See our profiles at Many of the new laws are More information: See our analysis showing which states charge people in prison medical fees, and illustrating the cost burden of each states fee on incarcerated patients, our 2019 update, our summary of what states suspended prison medical fees during the onslaught of the COVID-19 pandemic, and our recent analysis of the state of medical fees in 2022. Code S 291.2.). 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. WebOn September 29, 2022, Governor Gavin Newsom signed effective January 1, 2023, which amends Penal Code sections and 1473. he is extremely experienced, knowledgeable and straight forward. Now high term sentences are permissible only when a jury finds beyond a reasonable doubt or a party stipulates to aggravating circumstances. Prior to passage of this legislation, multiple counties had passed ordinances to address probation fees. ", According to the Los Angeles County District Attorney's Office, in support of the bill, say the existing law "is rooted in an antiquated view that the marital relationship is an automatic mitigating factor when a husband rapes his spouse. For more than a year, a seven-person California commission has been quietly spearheading a massive effort to Problem: Automatic sentencing structures have fueled the countrys skyrocketing incarceration rates. Ending the school-to-prison While many states have taken laudable steps to reduce the number of people serving time for low-level offenses, little has been done to bring relief to people needlessly serving decades in prison. (P.C. A reconciliation provision in SB 567 provides that if all three bills are enacted, version 1.3 of the legislation becomes the law. Thus, only defendants whose convictions were not yet final could benefit from the new law. This change should also be made retroactive for all people currently in prison, on parole, or on probation for felony theft. With this new law, California is emerging as a national leader in reintegration for families and strengthening communities. Other criminal justice related bills signed today include: Release and Reentry. Legislation: Illinois HB 3653 (2019) requires that prosecutors bear the burden of proving a person should be monitored, requires judges to reconsider the necessity of monitoring every 60 days, guarantees a person on electronic monitoring freedom of movement to complete certain essential functions, and requires that people receive credit for time spent on electronic monitoring that will count as time served at sentencing. Solutions: States have the power to decisively end this pernicious practice by prohibiting facilities from using release cards that charge fees, and requiring fee-free alternative payment methods. WebCal. Jan. For these inmates, the CDCR Secretary and county correctional administrator must refer the inmates information to the sentencing court by March 1, 2022. There was never any doubt during the process that he was giving his all. Solutions: States should increase the dollar amount of a theft to qualify for felony punishment, and require that the threshold be adjusted regularly to account for inflation. What follows is a brief overview of new criminal laws in California in 2022 by Long Beach criminal law attorney, Matthew Kaestner. 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. His knowledge of the courts and judicial system is reflected in the great results he gets for his clients everyday. 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. (3) Having a close relationship with people who have been stopped, arrested, or convicted of a crime. 236.24) Also, convictions of such victims for non-violent offenses can be set aside upon a petition under new P.C. In fact, many of the recent criminal justice reforms in California have been focused on allowing judges to use their discretion to strike previously mandatory enhancements. Only in Calif. if you are criminal or illegal you get preferred treatment over law abiding tax paying citizens. State leaders can: More information: See our reports, Era of Mass Expansion: Why State Officials Should Fight Jail Growth and Arrest, Release, Repeat: How policy and jails are misused to respond to social problems, and The Bail Projects After Cash Bail. 124 and 1540 (2021-2022 Reg. 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. Solutions: Alabama, Arkansas, Florida, and Texas should formally opt out of the federal automatic suspension law. Solutions: States should pass legislation establishing moratoriums on jail and prison construction. More information: For a discussion on historic statements made on moratoriums, arguments in favor of moratoriums, and how to push for a moratorium, see Instead of Prisons Chapter 4 (Moratorium on Prison/Jail Construction). Legislation: Maine LD 1521 (2021) brings Maine among the ranks of Nebraska, North Carolina, and New Mexico in ending civil asset forfeiture. What to do when you've been arrested/accused? (a) Notwithstanding any other law, any inmate sentenced to county jail assigned to a conservation camp by a sheriff and who is eligible to earn one day of credit for every one day of incarceration Since 2017, fifteen states (Calif., Colo., Hawaii, Idaho, Ill., Ky., Minn., Miss., Mont., Nev., Ore., Utah, Va., W.Va., and Wyo.) Solutions: States can pass legislation requiring their Department of Corrections to implement MAT to eligible patients in their custody. (12) A prospective juror's apparent friendliness with another prospective juror of a protected group. Can you make a tax-deductible gift to support our work? By Naila Awan
Clean slates for some convicted people. Comment Guidelines. 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. SACRAMENTO . 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). SB 483 is clearly focused on reducing sentences, and the vast majority of inmates who may qualify should not fear receiving a greater sentence. Such exclusionary practices often ban people from jury service forever. He agrees that this is why this bill is necessary and that we need to give discretion back to the courts to ensure we are not incarcerating people unnecessarily who might be better served by probation or treatment for addiction. 3445 0 obj
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Judge Mesiwala has now lifted the temporary restraining order. Minimum wage increase, in accordance with Senate Bill 3 passed in 2016. Additionally, the increasing use of background checks in recent years, as well as the ability to find information about a persons conviction history from a simple internet search, allows for unchecked discrimination against people who were formerly incarcerated. 0
The VCDPA includes consumer rights and notice requirements that should be familiar to businesses who have dealt with CCPA compliance, as well as some newer requirements for opt-outs, security, and other aspects of consumer data processing. More information: See FAMMs Turning Off the Spigot and our geographic sentencing enhancement zones page. However, the laws across states vary: Only 2 states (Maine and Vermont) and 2 territories (D.C. and Puerto Rico) never deprive people of their right to vote based on a criminal conviction, while over 20% of states have laws providing for permanent disenfranchisement for at least some people with criminal convictions. WebThe laws change often and can be looked at in different ways. In fiscal year 2021-22 alone, four Community Reinvestment Initiatives will provide $12.8 million to community-based services in reentry, harm reduction, crime prevention, and crime survivors. This amendment authorizes the court to grant probation for drug offenses involving minors only where the interests of justice would best be served. Once a court receives an inmates referral, it has until October 1, 2022, to resentence the inmate under the new law. This website is using a security service to protect itself from online attacks. All rights reserved. Solutions: Although jails are ostensibly locally controlled, the people held in jails are generally accused of violating state law, so both state and local policymakers have the power to reduce jail populations. 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 . Solutions: States should implement pretrial reforms that end the use of money bail, limit the types of offenses for which pretrial detention is allowed, establish the presumption of pretrial release for all cases with conditions only when necessary, and offer supportive pretrial services such as reminders to appear in court, transportation and childcare assistance for court appearances, and referrals to needed social services. AB 278 by Assemblymember Kevin McCarty (D-Sacramento) allows the California Conservation Corps to accept applicants who are on parole. Incarcerated people may receive postal correspondence in any quantity, amount, and number of pages. relationship. We cannot end our nations mass incarceration epidemic if we continue to exclude people who have been convicted of violent crimes from reforms. Public defenders fight to keep low-income individuals from entering the revolving door of criminal legal system involvement, reduce excessive sentences, and prevent wrongful convictions. Solutions: The Federal Communications Commission has made progress on lowering interstate phone rates, but the agency is legally unable to regulate prices for in-state calling. For example, under Section 11370.2 and Section 667.5(b), a defendant may be sentenced to a modest term of imprisonment for the instant offense but could face an overall sentence that is significantly longer due to the imposition of enhancements. He is the lawyerly to whom I refer my clients in LA. For full text details and authorship regarding laws and the effective dates, please click on the bill number below for access to the California The Substance Abuse and Mental Health Services Administration published a useful guide to using MAT for opioid use disorder in jails and prisons. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. Show More, Matt was extremely helpful in getting an old case off my back that has been following me for years. 124 and 1540 (2021-2022 Reg. Like other recent reform measures, SB 483 targets sentencing enhancements. The VCDPA includes consumer rights and notice requirements that should be familiar to businesses who have dealt with CCPA compliance, as well as some newer requirements for opt-outs, security, and other aspects of consumer data processing. Fact sheets, case studies, and guidelines for respecting the rights of people on electronic monitors are available from the Center for Media Justice. What's new:SB-73 is an amendment that would end mandatory prison sentences for nonviolent drug offenses. March 1, 2022 This is the date that the law outlines as the deadline for CDCR to identify individuals that served their base term and other enhancements first. However, public defense systems are not adequately resourced; rather, prosecutors and courts hold a disproportionate amount of resources. New California pay-to-play law taken to court. A new law in California bans police officers from wearing uniforms that have camouflage or otherwise resemble military uniforms. From healthcare to marriage to law enforcement, these new rules affect the daily lives of everyone in the state. 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. Gavin Newsoms signature . 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. Matt was extremely helpful in getting an old case off my back that has been following me for years. The early results are very encouraging: In the first year, Rhode Island reported a 60.5% reduction in opioid-related mortality among recently incarcerated people. 1170 (b)( 3), (6)]Persons convicted of most drug offenses who had prior drug offenses were ineligible for probation under former Health and Safety Code section 11370. 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. Problem: Letters and cards give incarcerated people a vital link to their loved ones, but mail to and from correctional facilities is under threat. Criminal justice reforms frequently exclude people who have been convicted of violent or sex offenses. Research shows that these programs are effective when offered after release as part of the reentry process. New California Laws for 2022 January 07, 2022 Hundreds of bills signed by Governor Gavin Newsom in 2021 took effect beginning January 1, 2022. While this briefing is not intended to be a comprehensive platform, weve curated this list to offer policymakers and advocates straightforward solutions that would have the greatest impacts on reducing incarceration and ameliorating harms experienced by those with a conviction history, without further investments in the carceral system. The juvenile justice system can also be shockingly punitive: In most states, even young children can be punished by the state, including for status offenses that arent law violations for adults, such as running away. These protections may include: Legislation and regulations: Illinois SB 2090 (2019) established a polling location at Cook County Jail and required election authorities and county jails to work together to facilitate absentee voting. this site should not be construed to be formal legal advice nor the formation of a lawyer/client Section 667.5(b) is a widely used sentencing enhancement statute that requires a sentencing court to impose an additional one-year enhancement for each prior separate prison term or county jail felony term served by the defendant for a nonviolent felony. While SB 483 provides tremendous benefit to thousands of currently incarcerated inmates, it also serves another, potentially even more useful, purpose. Gavin Newsom signed in 2021 out of the 10 recommendations the committee submitted. Matthew is honest, diligent and relentless. GOV Code 8658 - 8658. The state's officers must also undergo a mental health screening once every five years. Solutions: States should seek to avoid parental incarceration. Legislation and regulations: Legislation like Connecticuts S.B. New laws restrict activities near polling places or other voting stations as well as the placing of fake ballot boxes. Additionally, governors should immediately restore voting rights to disenfranchised people via executive action when they have the power to do so. Persons convicted of attempted murder and manslaughter based on either a felony murder theory or on the now defunct natural and probable consequences doctrine may now, like persons convicted of murder, apply to be re-sentenced under amended P.C. A sharply growing number of prisons and jails are scanning and destroying incoming mail providing those incarcerated only with the scanned copies while others have banned incoming mail that is any larger than a postcard. Assembly Bill 89 would require all community colleges in California to create a universal policing curriculum, and it would raise the minimum age for new officers from 18 to 21. If incarceration is used to respond to technical violations, the length of time served should be limited and proportionate to the harm caused by the non-criminal rule violation. Victims of violence prefer an investment in prevention and rehabilitation rather than incarceration. Moratoriums also allow for the impact of reforms enacted to be fully realized and push states to identify effective alternatives to incarceration. Please address the Policies, events and arguments, not the person. Too bad our society cares so little about women. suspend, revoke, or refuse to renew drivers licenses for unpaid traffic, toll, misdemeanor and felony fines and fees, resulting in millions of debt-related suspensions nationwide. In addition, sentencing enhancements, like those enhanced penalties that are automatically applied in most states when drug crimes are committed within a certain distance of schools, have been shown to exacerbate racial disparities in the criminal legal system. She agrees this bill is needed because rapists who are convicted under spousal rape law may face less severe sentencing. 2!ZXp-,]VmI i4 Solutions: Link people up with benefits that increase stability. In the first place, check that the application youre downloading isnt cost-free, and its compatible for the platform youre using. MAT pairs counseling with low doses of opioids that, depending on the medication used, either reduce cravings or make it impossible to get high off of opiates. 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. Section 11370.2 is a sentencing enhancement statute focusing primarily on drug crimes. Yet one out of every three people behind bars is being held in a local jail, most for low-level or non-person offenses. Here's a look at some of them. Now high term sentences are permissible only when a jury finds beyond a reasonable doubt or a party stipulates to aggravating circumstances. New California pay-to-play law taken to court. 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. %PDF-1.6
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Enable early discharge from probation and parole for successfully meeting probations requirements for a given time period. III. For example, San Francisco County Ordinance No. 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.
Notifications can be turned off anytime in the browser settings. Primarily, the offenses that fell under Section 11370.2 were those involving selling, distributing, trafficking or manufacturing drugs. (5) Having a child outside of marriage. After spending months in the California state legislature, Senate Bill 775 was just signed into law yesterday, October 5, 2021, by Governor Gavin Newsom. Kristin Smarts alleged killer loses motion to dismiss, SLO Countys open judge seats, 2 judicial candidates emerge, Driver killed in single-vehicle crash on Highway 41 in Atascadero, Suspect arrested in rural Arroyo Grande fatal shooting, SLO driver who hit and killed couple charged with manslaughter, Man flees officers in stolen CSD truck, barricades himself at Hearst Castle, San Luis Obispo debates allowing bicyclists to ride on sidewalks. to determine if SB 483, or any other re-sentencing petition, applies to you. 186.22) is now more difficult to prove as vandalism, id theft, and looting are no longer considered gang predicate offenses. 1170(b)(1), (2)] A court may, however, consider a certified record of prior convictions in determining an appropriate sentence. Screen and help people enroll in Medicaid benefits upon incarceration and prior to release; if a persons Medicaid benefits were suspended upon incarceration, ensure that they are active prior to release; and ensure people have their medical cards upon release. Legislation: See our model bill. Statute Decoder . A San Mateo city council meeting at City Hall in San Mateo on Dec. 12, 2022. State legislatures and local governments can also shift the cost of calls from those who are incarcerated to corrections agencies. Click to reveal More information: See our report Screening Out Family Time and other resources on our prison and jail visitation page. He handled my case with efficiency and made sure to secure exactly what we wanted. Why is it needed:Cristina Garcia (D- Bell Gardens), the author of the bill,said rapists who are convicted under spousal rape law may face less severe sentencing. Your IP: Clearly, this is a monumental job. States can also increase the authority of public utilities commissions to regulate the industry (as Colorado did) and California Public Utilities Commission has produced the strongest and most up-to-date state regulations of the industry. After a temporary halt, a California judge is allowing new regulations that permit two-strike offenders to serve just one-third of their prison sentences, including inmates with serious and violent criminal histories. The American Legislative Exchange Council has produced model legislation, the Justice Safety Valve Act. Make citations, rather than arrest, the default action for low-level crimes. new statutes, rules, and forms . The action you just performed triggered the security solution. A San Mateo city council meeting at City Hall in San Mateo on Dec. 12, 2022. Problem: 35 states (Ala., Alaska, Ariz., Ark., Conn., Del., Fla., Ga., Ind., Iowa, Kan., La., Maine, Md., Mass., Mich., Mo., Neb., N.H., N.J., N.M., N.Y., N.C., N.D., Ohio, Okla., Pa., R.I., S.C., S.D., Tenn., Texas, Vt., Wash., and Wisc.) Now only persons convicted of drug offenses involving minors who have priors are ineligible for probation, except in unusual cases. In fact, studies have stated that drug overdose is the leading cause of death after release from prison, and the risk of death is significantly higher for women. Obstacles on submitting ballot applications or ballots are eliminated. Reclassify criminal offenses and turn misdemeanor charges that dont threaten public safety into non-jailable infractions, or decriminalize them entirely. 131-18 (2018) eliminated all discretionary criminal justice fees, including probation fees; the ordinance includes a detailed discussion of the Countys reasons for ending these fees.