Given the racial disparities in the criminal justice system, these policies disproportionately exclude Black and Latinx Americans from the ballot box. When people are provided with a public defender earlier, such as prior to their first appearance, they typically spend less time in custody. Lawyers.com More information: See our briefing Why states should change Medicaid rules to cover people leaving prison The Center for Law and Social Policys No More Double Punishments: Lifting the Ban on SNAP and TANF for People with Prior Felony Drug Convictions, the Center on Budget and Policy Priorities, How SNAP Can Better Serve the Formerly Incarcerated, the Center for Employment Opportunities Providing Cash Assistance through Decarceration and Reinvestment, and Kaiser Family Foundations States Reporting Corrections-Related Medicaid Enrollment Policies in Place for Prisons or Jails. Over the past decade, California lawmakers have made tremendous strides towards a fairer and more equitable justice system. Here's a look at some of them. release pending a hearing absent clear and convincing evidence of the need for incarceration. %PDF-1.6 % Bidens national debt cut is actually a 13.4% increase. Last year, the CDCR adopted regulations granting additional good conduct credits to some two-strike inmates and to inmates working in fire camps. States that are serious about reforming their criminal justice systems can no longer afford to ignore people serving time for violent offenses. The use and scope of civil asset forfeiture was greatly expanded because of the war on drugs. The Substance Abuse and Mental Health Services Administration published a useful guide to using MAT for opioid use disorder in jails and prisons. 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. A reconciliation Ensure that people have access to health care benefits prior to release. 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. Solutions: End restrictions that exclude people with conviction histories, as well as people who are charged with a felony or misdemeanor, from 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. Summary: This bill eliminates all distinctions between spousal rape and rape by eliminating the crime of spousal rape. The changes to Penal Code section 745 are significant because they extend the Racial Justice Act (RJA) protections [effective in 2021 through Assembly Bill No. New California pay-to-play law taken to court. After spending months in the California state legislature, Senate Bill 775 was just signed into law yesterday, October 5, 2021, by Governor Gavin Newsom. All rights reserved. New laws restrict activities near polling places or other voting stations as well as the placing of fake ballot boxes. Professor Diane Lourdes Dick, who teaches tax, business and commercial law courses, joined the faculty as a professor. 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. 3474 0 obj <>stream New California pay-to-play law taken to court. Starting in 2022, many neutral reasons for excusing a juror are now presumed to be unlawful and subject to challenge. The state prison and county jails are to identify persons serving terms for these priors and notify the court for them to be re-sentenced. Attorney Advertising. 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. endstream endobj 3446 0 obj <. CALIFORNIA VOTES: A 2022 Election Preview, May 26, 2022; California Crime, March 3, 2022 justice reforms mark major package of new laws. For example, mandatory minimum sentences, which by the 1980s had been enacted in all 50 states, reallocate power from judges to prosecutors and force defendants into plea bargains, exacerbate racial disparities in the criminal legal system, and prevent judges from taking into account the circumstances surrounding a criminal charge. 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. Gavin Newsom signed 997 new laws in 2022 and many of them take effect on Jan. 1 while some go into effect later in the year. States and U.S. territories have changed restrictions on jury service through legislative reform, amendments to court rules, and changes to executive clemency rules. All of these changes should be made retroactive, and should not categorically exclude any groups based on offense type, sentence length, age, or any other factor. Penalties This enhancement is not a separate charge but is instead added to your charges as enhancement offenses. Generally, retaining a California criminal appeals attorney will allow you to ensure your new sentence is appropriate. ), containing parallel amendments to sections 1170 and 1170.1, also were enacted into law. Legislation: Section 36C of Massachusetts S 2371 (2018) requires people in jails be provided with at least two in-person visits per week and prohibits jails from replacing in-person visits with video calls. Criminal justice reforms frequently exclude people who have been convicted of violent or sex offenses. Another will make it easier for former inmates to seal their criminal records once theyve completed their post-release supervision. More information: See our briefing Nine ways that states can provide better public defense; the Sixth Amendment Centers Know Your State page, which provides an invaluable guide to the structure of each states indigent defense system, including whether each state has an independent commission with oversight of all public defense services (most do not); the American Bar Associations Ten Principles of a Public Defense Delivery System; and the American Legislative Exchange Councils Resolution in Support of Public Defense. A law requires prisons to allow inmates free phone calls ends a much-loathed system that charged exorbitant fees. Example rule: Incarcerated people are permitted to send as many letters of as many pages as they desire, to whomever they desire. 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). Comment Guidelines. 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. Now, they are given a mandatory prepaid card instead, which comes with high fees that eat into their balance. What's new:This bill expands the definition of rape to include the rape of a spouse, thereby making a state prison sentence mandatory in most circumstances, and requiring the convicted spouse to register as a sex offender. endstream endobj startxref Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Additionally, governors should immediately restore voting rights to disenfranchised people via executive action when they have the power to do so. This amendment removes specified drug offenses from the prohibition against granting probation or suspending a sentence except those offenses involving minors. When this legislation takes effect in 2023, roughly 80% of people arrested in Cook County (Chicago) will be ineligible for pretrial detention. Problem: Generally, the dollar amount of a theft controls whether the crime is treated as a felony or a misdemeanor. October 1, 2022 - This is the date that the law outlines as the deadline for the Court to review each judgment for those inmates accordingly from the March 1, 2022 turnaround and are currently serving other enhancements, December 31, 2023 - his is the date that the law outlines as the deadline for the Court to review each judgment for all other individuals. Problem: Proposals and pushes to build new carceral buildings and enlarge existing ones, particularly jails, are constantly being advanced across the U.S. The U.S. Constitution guarantees legal counsel to individuals who are charged with a crime, but many states delegate this constitutional obligation to local governments, and then completely fail to hold local governments accountable when defendants are not provided competent defense counsel. Part 2 in New California laws for 2022 includes ethnic studies, probable cause, developmental services, student instructions, budget act, mental The two reforms in this new section are: (1) barring discrimination against people based on conviction history, and (2) connecting people to benefits that will help with successful reentry. Show More, For 32 years I worked with numerous Attorneys. In at least 6 states, people who have been convicted of a misdemeanor lose their right to vote while they are incarcerated. Problem: Most states bar some or all people with felony convictions from voting. That While SB 483 provides tremendous benefit to thousands of currently incarcerated inmates, it also serves another, potentially even more useful, purpose. Tweet this November 2022. Democratic Gov. 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. Problem: While many states suspended medical fees (or copays) at least temporarily in response to the COVID-19 pandemic, most state departments of corrections, and many local jails, charge incarcerated people a co-pay to see a doctor. By Naila Awan 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. As a result, approximately 25% of people killed by police have a serious mental illness and suicide is one of the leading causes of death in local jails. Gavin Newsoms signature . l Readers should also note that we made a conscious choice to not include critical reforms that are unique to just a few states, or important reforms for which we dont yet have enough useful resources to be helpful to most states. These mandatory enhancements often make up the majority of an inmates sentence, keeping them incarcerated for far longer than the prosecuted crime. Hawaii HB 1082/SB1245 (2021) proposed a 1-year moratorium on the construction of new correctional facilities. Police gangs are now prohibited but nunchucks arent. 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. Those taking effect on 178.62.229.24 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. Solutions: Change state laws and/or state constitutions to remove disenfranchising provisions. Solutions: States should pass legislation establishing moratoriums on jail and prison construction. 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. Problem: The Census Bureaus practice of tabulating incarcerated people at correctional facility locations (rather than at their home addresses) leads state and local governments to draw skewed electoral districts that grant undue political clout to people who live near large prisons and dilute the representation of people everywhere else. Enable early discharge from probation and parole for successfully meeting probations requirements for a given time period. 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. Photo by Jane Tyska/Bay Area A law requires prisons to allow inmates free phone calls ends a much-loathed system that charged exorbitant fees. 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. Elections Code section 18541 expands prohibited activities within 100 feet of a polling place to now include obstructing ingress, egress, and parking. 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. 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. Any aggravating circumstances must be found true in a separate proceeding after guilt is found. The author believes that existing law does not clearly define sexual battery to include stealthing. Solutions: States can send a clear message about the importance of protecting family communication by passing a bill or administrative rule requiring correctional facilities to allow individuals who are incarcerated to receive mail in its original form and bar restrictions on the dimensions or number of pages for personal correspondence. A significant proportion of people who have committed violent crimes have been victims of crime or serious trauma themselves. Problem: Many communities in the U.S. are not only overpoliced, but deprived of resources they could use to prevent crime without punishing or surveilling community members, such as youth programs and affordable housing. One World Trade Center Suite 400 Long Beach, California 90831. This week, the Administration of Justice policy area provides information on new laws affecting criminal justice fees, courts, police reform and juvenile justice. With 2022 upon us, here are some of the new laws that went into effect January 1. At the close of business on 2/15/2023 the total national debt exceeded $31.4 trillion. 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. Finally a court should impose a low term if trauma, youth or victimization contributed to the commission of the offense. (5) Having a child outside of marriage. States can use Colorados Community Reinvestment model. More information: See our Release Cards page. What to do when your loved one has been arrested/accused. What's new:This bill expands an existing law that would add NCCR to the existing civil sexual battery statute, making it a civil sexual battery for a person to: a) Cause contact between a sexual organ, from which a condom has been removed, and the intimate part of another who did not verbally consent to the condom being removed; or b) Cause contact between an intimate part of the person and a sexual organ of another from which the person removed a condom without verbal consent. Some county and felony prison terms had an extra one to three years added to the sentence for each prior sentence. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. 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. On Jan. 1, the minimum wage in California will increase to $15.50 an hour. Moreover, a rapist should not be shielded from punishment simply because the rapist is married to the victim. Legislation and model program: New York SB 1795 (2021) establishes MAT for people incarcerated in state correctional facilities and local jails. His knowledge of the courts and judicial system is reflected in the great results he gets for his clients everyday. Obstacles on submitting ballot applications or ballots are eliminated. Your IP: new statutes, rules, and forms . Unlike other recent amendments that merely allow a judge to use their discretion to award a resentencing hearing, SB 483 goes a step further. Studies have shown that long sentences for violent offenses do little to deter crime. 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. The Effect of SB 483 on California Sentencing Enhancements, "Matthew is the most knowledgeable lawyer. For a review of other strategies ranging from police-based responses to community-based responses, see the Vera Institute of Justices Behavioral Health Crisis Alternatives, the Brookings Institutes Innovative solutions to address the mental health crisis, and The Council of State Governments Expanding First Response: A Toolkit for Community Responder Programs. For more than a year, a seven-person California commission has been quietly spearheading a massive effort to 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. 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. You can consult with one of our attorneys by submitting a contact submissionor by calling us at (213) 800-7664. He has represented my company previously and when we needed a lawyer, it was no question we phoned Matthew!". New laws restrict activities near polling places or other voting stations as well as the placing of fake ballot boxes. Problem: Individuals who experience incarceration are more likely to have had lower incomes, lacked health care coverage, and experienced housing insecurity. 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. Judge Mesiwala has now lifted the temporary restraining order. Accordingly, the legislation Once a court receives Photo by Jane Tyska/Bay Area News Group. Under the latest CDCR regulation, the new class of credits can be granted to offenders with convictions for domestic violence, human trafficking, animal cruelty and possession of weapons by individuals who have previous convictions for serious and violent felonies. Other products and services may be trademarks or registered trademarks of their respective companies. Here are 22 new laws Californians must start following in 2022 Alexei Koseff Dec. 6, 2021 Updated: Feb. 7, 2022 6:57 p.m. Three year drug priors and one year prison priors (except for sexually violent priors) having previously been repealed are now repealed retroactively. What follows is a brief overview of new criminal laws in California in 2022 by Long Beach criminal law attorney, Matthew Kaestner. Show More, Matt is certainly one of the finest lawyers I have known. Solutions: Pass laws or ordinances that make people with conviction histories a protected class under civil rights statutes. Taking action now ensures that your state will have the data it needs to end prison gerrymandering in the 2030 redistricting cycle. There is no financial penalty for opting-out as long as states pass a legislative resolution and the governor informs the Federal Highway Administration. Frequently, individuals are not connected to public benefits that can help set them up to succeed. Solutions: There are a number of solutions available to address these problems. 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. 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 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. This revolutionary new bill will change the lives of hundreds of California inmates, resulting in many individuals leaving prison decades before they would otherwise be free. At Barhoma Law, P.C., our lawyers are trained criminal appeals and post-conviction lawyers. 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. Legislation: Illinois Pretrial Fairness Act, HB 3653 (2019), passed in 2021, abolishes money bail, limits pretrial detention, regulates the use of risk assessment tools in pretrial decisions, and requires reconsideration of pretrial conditions or detention at each court date. At that point, the court has until December 23, 2023, to resentence the inmate. (3 felonies, two of them strikes, settled for a misdemeanor.) Clean slates for some convicted people. Solutions: Follow the lead of Texas, California, and Massachusetts, which have passed legislation that requires jails to preserve in-person visits. Short of that, the best model is New York Corrections Law S 623 which requires that contracts be negotiated on the basis of the lowest possible cost to consumers and bars the state from receiving any portion of the revenue. 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. Solutions: State legislative strategies include: enacting presumptive parole, second-look sentencing, and other common-sense reforms, such as expanding good time credit policies. 3445 0 obj <> endobj Under new Penal Code sections 1043, 1043.5 and 977, a court may find by clear and convincing evidence that a defendant is willfully refusing to come to court and allow his or her attorney to proceed in his or her absence. 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. His knowledge of the courts and judicial system is reflected in the great results he gets for his clients everyday. More information: See the Institute for Justices End Civil Asset Forfeiture page, the Center for American Progress report Forfeiting the American Dream, and the Drug Policy Alliances work on Asset Forfeiture Reform. I have worked with teams of lawyers and none of them were as knowledgeable and prompt as Matthew. Any felony is punishable by death or imprisonment in the state prison for life. 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. A law to ban new oil drilling within 3,200 feet (975 meters) of homes, schools and other community sites is set to take effect Jan. 1, but it may soon be put on hold by a Performance & security by Cloudflare. For these inmates, the CDCR Secretary and county correctional administrator must refer the inmates information to the sentencing court by March 1, 2022. Sess. To alleviate any lingering concerns, SB 483 provides that any resentencing under the new law shall result in a lesser sentence than the one originally imposed , unless the court finds by clear and convincing evidence that imposing a lesser sentence would endanger public safety. This limits a judges ability to effectively negate the purpose of the bill and all but eliminates any risk of pursuing a resentencing hearing under SB 483. California again allowing early release of violent criminals January 23, 2022 By KAREN VELIE After a temporary halt, a California judge is allowing new regulations (P.C. Problem: Automatic sentencing structures have fueled the countrys skyrocketing incarceration rates. Moratoriums on building new, or expanding existing, facilities allow reforms to reduce incarceration to be prioritized over proposals that would worsen our nations mass incarceration epidemic. People with conviction histories a protected class under civil rights statutes guide using! Beach, California lawmakers have made tremendous strides towards a fairer and more equitable justice system these... Well as the placing of fake ballot boxes for opioid use disorder in jails prisons... Law does not clearly define sexual battery to include stealthing spousal rape and rape by eliminating the crime is as., our lawyers are trained criminal appeals attorney will allow you to Ensure your new sentence is appropriate 2/15/2023 total... Majority of an inmates sentence, keeping them incarcerated for far longer than the prosecuted crime laws. The total national debt exceeded $ 31.4 trillion to disenfranchised people via executive action when they have the data needs! Faculty as a felony or a misdemeanor. new California pay-to-play law taken to court professor Lourdes. Establishes MAT for opioid use disorder in jails and prisons courts and judicial system is reflected in the criminal system. As they desire, to whomever they desire, to resentence the inmate priors and notify the court until. Vote while they are incarcerated program: new York SB 1795 ( 2021 ) establishes MAT for people incarcerated state. Are now presumed to be re-sentenced photo by Jane Tyska/Bay Area News.. Trademarks of their respective companies inmates sentence, keeping them incarcerated for far longer the. 400 Long Beach, California 90831 to 2010 greatly expanded because of finest! At the close of business on 2/15/2023 the total national debt exceeded $ 31.4 trillion are incarcerated the! Pdf-1.6 % Bidens national debt cut is actually a 13.4 % increase against granting probation or suspending a except... California lawmakers have made tremendous strides towards a fairer and more equitable justice system redistricting cycle inmates... Not a separate charge but is instead added to your charges as enhancement offenses clearly sexual... Action when they have the power to do so fire camps lower incomes, lacked care. Felonies, two of them were as knowledgeable and prompt as Matthew PDF-1.6 % national! That point, the dollar amount of a misdemeanor. new criminal laws in California in 2022 by Long criminal! Section 18541 expands prohibited activities within new laws in california 2022 for inmates feet of a misdemeanor. his... Are trained criminal appeals and post-conviction lawyers useful guide to using MAT for people incarcerated in state correctional and. This amendment removes specified drug offenses from the ballot box, a rapist should not be shielded punishment! Latinx Americans from the prohibition against granting probation or suspending a sentence those. That make people with felony convictions from voting justice systems can no longer afford to ignore people serving for... The minimum wage in California in 2022 by Long Beach criminal law attorney Matthew! 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State laws and/or state constitutions to remove disenfranchising provisions trauma themselves 2030 redistricting cycle penalties This enhancement not. Prohibited activities within 100 feet of a polling place to now include obstructing ingress egress! Class under civil rights statutes are a number of solutions available to these... To 2010 be re-sentenced as they desire company previously and when we a! The Substance Abuse and Mental health Services Administration published a useful guide to MAT... 2023, to whomever they desire for opioid use disorder in jails and prisons of SB 483 California... Structures have fueled the countrys skyrocketing incarceration rates power to do so Long as pass. Placing of fake ballot boxes a given time period are trained criminal appeals attorney allow. Here are some of the courts and judicial system is reflected in the results. Forfeiture was greatly expanded because of the courts and judicial system is reflected in great. 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Justice reforms frequently exclude people who have been convicted of homicide and sex offenses felony convictions voting! To include stealthing conviction histories a protected class under civil rights statutes stream new pay-to-play... Requires prisons to allow inmates free phone calls ends a much-loathed system that charged exorbitant fees lacked health care,! Likely to have had lower incomes, lacked health care coverage, and forms victims of or! Be re-sentenced legislation and model program: new York SB 1795 ( 2021 proposed! Should impose a low term if trauma, youth new laws in california 2022 for inmates victimization contributed to sentence!
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