In addition, Rhode Island launched a successful program to provide MAT to some of the people incarcerated in their facilities. In the first place, check that the application youre downloading isnt cost-free, and its compatible for the platform youre using. One World Trade Center Suite 400 Long Beach, California 90831. Because probation is billed as an alternative to incarceration and is often imposed through plea bargains, the lengths of probation sentences do not receive as much scrutiny as they should. endstream endobj 3446 0 obj <. More information: See FAMMs Turning Off the Spigot and our geographic sentencing enhancement zones page. 972 (2021) ensured that the state not incarcerated people pay for the cost of calls. 2542] to cases which are final. Solutions: Pass laws or ordinances that make people with conviction histories a protected class under civil rights statutes. 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. Warren Fitzgerald Past President Massachusetts Bar Association Past President Massachusetts Academy of Trial Lawyers 1: CHP says people will be allowed to jaywalk. Unlike other recent amendments that merely allow a judge to use their discretion to award a resentencing hearing, SB 483 goes a step further. WebOn September 29, 2022, Governor Gavin Newsom signed effective January 1, 2023, which amends Penal Code sections and 1473. His knowledge of the courts and judicial system is reflected in the great results he gets for his clients everyday. N|fx=,dwdsAG3D`\O|/{[/=Vr+]1ZOJ$]PCU}\DTMP,:(@"O2`Ri$W+de (r!#.TMKD`0>:2C(o M2LfR$,?AvVL(@ER;$ID8EeiM9%L"5KqqZIp{a$& RJ0N$4bHrQ/Vl&yCAGG%fdjKU11O3p}zi}@p[70_Y{[email protected] Ax|z6}=h-L$? More information: See our briefing with national data and state-specific data for 15 states (Colo., Idaho, Ill., La., Maine, Mass., Mich., Miss., Mont., N.M., N.D., Ohio, Okla., S.C., and Wash.) that charge monthly fees even though half (or more) of their probation populations earn less than $20,000 per year. Studies have shown that long sentences for violent offenses do little to deter crime. 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. 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. Show Less, For 32 years I worked with numerous Attorneys. For information on the demographics and characteristics of people see our reports: Chronic Punishment: The unmet health needs of people in state prisons, Beyond the count: A deep dive into state prison populations, and Prisons of Poverty. To learn more about your states parole system and whether restrictions are placed on association, see Appendix A of our report Grading the parole release systems of all 50 states. The contact form sends information by non-encrypted email, which is not secure. (P.C. Under prior law a gang enhancement was tried at the same time as the underlying charge allowing the prosecutor to introduce evidence about the defendants gang membership and the criminality of the gang. In this years guide to winnable criminal justice reforms, weve added a reference to caregiver and proximity laws and a new section Set people up to succeed upon release. See 63 Cal.2d 740. For example: Legislation: Rhode Island S 2694 (2022) proposed to: maintain Medicaid enrollment for the first 30 days of a persons incarceration; require Medicaid eligibility be determined, and eligible individuals enrolled, upon incarceration; require reinstatement of suspended health benefits and the delivery of medical assistance identify cards prior to release from incarceration. Photo illustration of California justice showing a gavel in a courtroom. Felony probationers accused of a violation are entitled to an O.R. Legislation: See our model bill. 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. These laws bar more than twenty million people from jury service, reduce jury diversity by disproportionately excluding Black and Latinx people, and actually cause juries to deliberate less effectively. (10) Employment typically held by a protected group or that serves a protected group. 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. See People v. Federico, 50 Cal.App.5th318 (2020) (relying on In re Estrada, holding that Federico was not entitled to relief under Prop 57 and SB 1391 because his conviction was final at the time of the changes to the law). Also the commission of the predicate gang offense cant include the charged offense and the benefit of the predicate crimes must have been more than simply reputational. Finally a gang must be an organized organization., RELEASE OF PROBATIONERS PENDING VIOLATION HEARING. California AB 2942 (2018) removed the Parole Boards exclusive authority to revisit excessive sentences and established a process for people serving a sentence of 15 years-to-life to ask the district attorney to make a recommendation to the court for a new sentence after completing half of their sentence or 15 years, whichever comes first. Show More, Matt is certainly one of the finest lawyers I have known. After Matthew Kaestner's efforts in defending a relative I would rate him at the top! By declaring qualifying enhancements under Section 11370.2 and 667.5(b) to be legally invalid. This means that judges and prosecutors cannot stand in a defendants way to a resentencing hearing. Since 2017, fifteen states (Calif., Colo., Hawaii, Idaho, Ill., Ky., Minn., Miss., Mont., Nev., Ore., Utah, Va., W.Va., and Wyo.) Summary: This bill eliminates all distinctions between spousal rape and rape by eliminating the crime of spousal rape. Under prior law a gang enhancement was tried at the same time as the underlying charge allowing the prosecutor to introduce evidence about the defendants gang membership and the criminality of the gang. This week, the Administration of Justice policy area provides information on new laws affecting criminal justice fees, courts, police reform and juvenile justice. 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. ", 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. In addition, in 2019 the Colorado Secretary of State adopted a rule requiring the states 64 sheriffs to coordinate with county election clerks to facilitate voting in jails (see 8 CCR 1505-1, Rules 7.4, 7.4.1). ", "Matthew was very responsive and caring for my case. The new laws address such varied areas as affordable housing, expanding voter access, worker protections, peace officer certification, crimes targeting people due to immigration status, San Diego Unified looking into district's 'restorative' discipline policy, New winter storm hits San Diego | Here's a look at the timeline of the snow and rain, Rain and wind persist through Wednesday before drier weather prevails, the war on drugs and mass incarceration are policy and public health failures, said that the "occurrence [of stealthing] is on the rise. Bidens national debt cut is actually a 13.4% increase. That said, while we point to multiple bills, model legislation, and regulations in this document, we also recognize that many of these examples reflect compromise and could be strengthened or made more comprehensive. Now high term sentences are permissible only when a jury finds beyond a reasonable doubt or a party stipulates to aggravating circumstances. Both Section 11370.2 and Section 667.5(b) underwent significant changes in recent years; however, SB 483 extends relief to a much larger group of people. Minimum wage increase, in accordance with Senate Bill 3 passed in 2016. l I have worked with teams of lawyers and none of them were as knowledgeable and prompt as Matthew. Needless to say, Section 11370.2, as originally phrased, resulted in thousands of Californians convicted of non-violent drug offenses receiving multiple enhancements for previous drug convictions. 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. At that point, the court has until December 23, 2023, to resentence the inmate. PEN Code 4019.2 - 4019.2. For example, San Francisco County Ordinance No. d6EL$SMwiLVsQF44svv{||y 9@/ `_8NaRTH$ q2TjB OCfi Z4(C]4Kct6ITV n Be part of the news. 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. Here is what you need to know about the new laws coming to the books starting on Jan. 1, 2022. July 20, 2022. A San Mateo city council meeting at City Hall in San Mateo on Dec. 12, 2022. One major reason for this lack of diversity is the constellation of laws prohibiting people convicted (or sometimes simply accused) of crimes from serving on juries. Martindale-Hubbell and martindale.com are registered trademarks; AV, BV, AV Preeminent and BV Distinguished are registered certification marks; Lawyers.com and the Martindale-Hubbell Peer Review Rated Icon are service marks; and Martindale-Hubbell Peer Review Ratings are trademarks of MH Sub I, LLC, used under license. The action you just performed triggered the security solution. New California laws 2022 taking effect on Jan. 1 include wildfire management, lower speed limits, cocktails and higher minimum wages. Web2 Assembly Bill Nos. This website is designed for general information only. 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. Show More, Matt was extremely helpful in getting an old case off my back that has been following me for years. Oil, gas and neighborhoods. (2) Expressing a belief that law enforcement officers engage in racial profiling or that criminal laws have been enforced in a discriminatory manner. 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. Problem: Most states bar some or all people with felony convictions from voting. Solutions: State legislative strategies include: enacting presumptive parole, second-look sentencing, and other common-sense reforms, such as expanding good time credit policies. A study by Safe and Just Michigan examined the re-incarceration rates of people convicted of homicide and sex offenses paroled from 2007 to 2010. 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. End punitive conditions of probation and parole that set people up to fail and require that any condition imposed be reasonably related to the crime of conviction. Reclassify criminal offenses and turn misdemeanor charges that dont threaten public safety into non-jailable infractions, or decriminalize them entirely. Problem: The release of individuals who have been granted parole is often delayed for months because the parole board requires them to complete a class or program (often a drug or alcohol treatment program) that is not readily available before they can go home. States and U.S. territories have changed restrictions on jury service through legislative reform, amendments to court rules, and changes to executive clemency rules. However, in 2019, lawmakers passed Senate Bill 136(SB 136), which eliminated a judges ability to use the one-year enhancement except in cases involving sexually violent offenses.. WebThe laws change often and can be looked at in different ways. WebFor these inmates, the CDCR Secretary and county correctional administrator must refer the inmates information to the sentencing court by March 1, 2022. (While this law only applied to contracts with state prisons, an ideal solution would also include local jail contracts.) Garrick Byers . Summary: This bill allows a court to grant probation for specified drug offenses which are currently either ineligible or presumptively ineligible for probation. 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