But this guide grows and evolves each year, so we welcome ideas and resources from other advocates and state legislators. People convicted of violent offenses are among those with the lowest recidivism rates. Until then, individuals forced to wear electronic monitors should not be required to pay for those devices nor be fined or re-incarcerated for their inability to pay monitoring fees. Obstacles on submitting ballot applications or ballots are eliminated. Solutions: Because the voting systems vary from one state to the next, the reforms needed in states may also vary. 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. 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. Notifications can be turned off anytime in the browser settings. SAN One of the most recent and significant sentencing laws to make its way through the system is Senate Bill 483 (SB 483). Starting in 2022, many neutral reasons for excusing a juror are now presumed to be unlawful and subject to challenge. Summary: This bill adds nonconsensual condom removal (NCCR) to the existing civil sexual battery statute. Tweet this November 2022. Problem: Letters and cards give incarcerated people a vital link to their loved ones, but mail to and from correctional facilities is under threat. 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. She agrees this bill is needed because rapists who are convicted under spousal rape law may face less severe sentencing. 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. Garrick Byers . 972 (2021) ensured that the state not incarcerated people pay for the cost of calls. 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. Warren Fitzgerald Past President Massachusetts Bar Association Past President Massachusetts Academy of Trial Lawyers The comments below represent the opinion of the writer and do not represent the views or policies of CalCoastNews.com. 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. Solutions: Stop suspending, revoking, and prohibiting the renewal of drivers licenses for nonpayment of fines and fees. Comments Off on new federal laws for inmates 2022. alligator crawl line dance. Public utilities commissions in many states can also regulate the industry. Problem: Technical violations are behaviors that break parole rules that would not count as crimes for someone not under community supervision, such as missing curfew or a check-in meeting, maintaining employment, associating with people who have conviction histories, and failing a drug test. 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. 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. 1893 parole law reshapes California prison system. 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. 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. Solutions: States can pass legislation to count incarcerated people at home for redistricting purposes, as Calif., Colo., Conn., Del., Ill., Md., Nev., N.J., N.Y, Va., and Wash. have done. His knowledge of the courts and judicial system is reflected in the great results he gets for his clients everyday. However, public defense systems are not adequately resourced; rather, prosecutors and courts hold a disproportionate amount of resources. Hawaii HB 1082/SB1245 (2021) proposed a 1-year moratorium on the construction of new correctional facilities. 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. With 2022 upon us, here are some of the new laws that went into effect January 1. Studies have shown that long sentences for violent offenses do little to deter crime. 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. Finally a court should impose a low term if trauma, youth or victimization contributed to the commission of the offense. Some county and felony prison terms had an extra one to three years added to the sentence for each prior sentence. Solutions: State legislative strategies include: enacting presumptive parole, second-look sentencing, and other common-sense reforms, such as expanding good time credit policies. From healthcare to marriage to law enforcement, these new rules affect the daily lives of everyone in the state. With the assistance of a dedicated post-conviction lawyer, inmates can rest assured that they stand to benefit from all recent changes in the law since their original sentence. Show More, For 32 years I worked with numerous Attorneys. 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. Courts still rely on the reasoning first outlined in In re Estrada. (P.C. Additionally, the court must apply any other changes in law that reduce sentences or provide for judicial discretion so as to eliminate disparity of sentences and to promote uniformity of sentencing. In this way, SB 483 opens the door for inmates who are seeking other relief from lengthy sentences to get before the court, which is often an incredibly challenging feat, especially for older convictions. That What to do when you've been arrested/accused? Our central hub of data, research, and policy responses to the COVID-19 pandemic in jails and prisons. Any aggravating circumstances must be found true in a separate proceeding after guilt is found. 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. It is important to keep in mind that, while there is technically nothing an inmate should need to do to have the court recall their case, it is better to be safe and contact an experienced California criminal appeals lawyer to ensure a case is handled properly. 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. Such exclusionary practices often ban people from jury service forever. 1170(b)(1), (2)] A court may, however, consider a certified record of prior convictions in determining an appropriate sentence. His compassion and caring for his clients ensure he will get the 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. [SiteMap], See our profiles at 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. Parental incarceration can result in the termination of parental rights, and contribute to the cycle of incarceration, as children whose parents were incarcerated are more likely to become incarcerated themselves. There is no financial penalty for opting-out as long as states pass a legislative resolution and the governor informs the Federal Highway Administration. Click to reveal Sections: 3000, 3375, 3376.1, 3377.2, and 3379Effective: April 1, 2023, Sections: 3000, and 3293Effective: April 1, 2023, Sections: 3000, and 3075.2Effective: December 20, 2022, Sections:3000, 3268, 3268.1, 3268.2, and 3268.3Effective: November 16, 2022, Sections:3000, 3269, 3269.1, 3269.2, 3269.3, 3269.4, and 3375.2Effective: November 14, 2022, Sections:3000, 3040.3, and 3378.2Effective: January 1, 2023, Sections:3000, 3054, 3054.1, 3054.2, 3054.3, 3054.4, 3054.5, 3054.6, 3054.7, 3054.8, and 3054.9Effective: January 1, 2023, Sections:Adopt 3486, 3486.1, 3486.2 and 3486.3Effective: October 20, 2022, Sections:Adopt 3498.1, and 3498.2; Amend 3043, and 3043.5Effective: October 13, 2022, Sections:Adopt 3392.1, 3392.2, 3392.3, 3392.4, 3392.5, 3392.6, 3392.7, 3392.8, 3392.9, 3392.10 and 3417; Amend 3391, and 3392Effective:September 29, 2022, Sections: Adopt 3040.1; Amend 3000, 3040, 3041, 3041.3, 3043.3, 3043.5, 3044, 3044.1, 3044.2, 3075.1, 3077.1, 3315, 3375, 3375.2, 3375.4, 3375.5, 3375.6, 3379; Repeal 3040.1, 3040.2Effective:August 31, 2022, Sections:3076, 3076.1, 3076.2, 3076.3, 3076.4, and 3076.5Effective: October 1, 2022, Sections:Amend 3043, 3043.2, 3043.3, 3043.4, 3043.5, 3043.6, 3044, 3045.1, 3043.7 [Renumbered to 3044.1], 3043.8 [Renumbered to 3044.2], 3047 [Renumbered to 3046.1]Effective: August 8, 2022, Sections: 3075.2, 3545, and 3754Effective: October 1, 2022, Sections:3261.2, 3261.3, 3261.5, 3261.6, and 3261.7Effective:July 1, 2022, Sections:3000, 3466, and 3468Effective:July 1, 2022, Sections:2449.1, 2449.4, 2449.5, 2449.30, 2449.32, 3490, 3491, 3492, 3495, 3496 and 3497Effective:February 28, 2022, Sections:3000, 3045, 3077.3, 3078.4, 3084, 3084.1, 3084.2, 3084.3, 3084.4, 3084.5, 3084.6, 3084.7, 3084.8, 3084.9, 3085, 3086, 3134.1, 3136, 3137, 3141, 3173.1, 3179, 3193, 3220.4, 3230, 3282, 3369.5, 3378.4, 3383, 3465, 3466, 3467, 3468, 3469, 3470, 3471, 3472, 3473, 3474, 3475, 3476, 3477, 3478, 3479, 3480, 3480.1, 3481, 3482, 3483, 3484, 3485, 3486, 3488, 3491, 3492, 3548, 3563, 3630, and 3723Effective:January 5, 2022, Sections:3000, 3006, 3044, 3133, 3190, 3314, 3315, and 3323Effective:December 20, 2021, Sections:3741, 3742, 3743, 3744, 3745, 3746, and 3748Effective:January 1, 2022, Sections:3000, 3323, 3336, 3338, 3341.9, 3375.3, 3375.4, and 3375.5Effective:January 1, 2022, Copyright 2023 California Department of Corrections & Rehabilitation, Back to Adult Institutions, Programs and Parole Regulations, California Code of Regulations, Title 15, Division 3, Chapter 1, Pending Changes to Department Regulations, Adopted Regulations for Controlled Substance Distribution, NCR 22-09 Controlled Substance Distribution, Adopted Regulations for California Out-of-State Correctional Facility Program, NCR 22-11 California Out-of-State Correctional Facility Program, Adopted Regulations for Authorized Personal Property, Adopted Regulations for Computer Voice Stress Analyzer, Adopted Regulations for Release Allowances, Adopted Regulations for Religious Personal Property, Adopted Regulations for Inmate Housing and Program (SNY/NDPF), NCR 21-13 Inmate Housing and Program (SNY/NDPF), Adopted Regulations for Standardized Testing for Assessing Adult Literacy, NCR 22-07 Standardized Testing for Assessing Adult Literacy, Adopted Regulations for Religious and Plant-Based Diet, NCR 21-11 Religious and Plant-Based Diets, Adopted Regulations for Staff Misconduct Allegations, Adopted Regulations for Youth Parole Eligible Date, Adopted Regulations for Employee Discipline, Adopted Regulations for Program and Credit Earning Revisions (MCCS/ISUDT), NCR 22-04 Program and Credit Earning Revisions (MCCS/ISUDT), Adopted Regulations for Recall of Commitment and Resentence Recommendation, NCR 21-04 Penal Code Section 1170.3 Recall and Resentence Recommendation, Adopted Regulations for Inmate Credit Earning, Adopted Regulations for Off-Duty Firearms, Adopted Regulations for Body Worn Cameras, Adopted Regulations for News and Non-News Media Access, Adopted Regulations for Disabled Veteran Business Enterprise, NCR 21-10 Disabled Veteran Business Enterprise, Adopted Regulations for Nonviolent Offender Parole Eligibility Process, NCR 21-07 Nonviolent Offender Parole Eligibility Process, Adopted Regulations for Inmate and Parolee Grievance and Appeal Process, NCR 21-08 Inmate and Parolee Grievances and Appeals Process, Adopted Regulations for Inmate Personal Property Enterprise Inmate Communication, NCR 20-14 Inmate Personal Property Enterprise Inmate Communication, Adopted Regulations for Return and Transfer of Parole, Adopted Regulations for Gassing and Restricted Housing, Adopted Regulation for Prison Rape Elimination Act (PREA), NCR 21-02 Prison Rape Elimination Act (PREA), Adopted Regulation for Content of Law Libraries. For information on how the bail industry which often actively opposes efforts to reform the money bail system profits off the current system, see our report All profit, no risk: How the bail industry exploits the legal system. he is extremely experienced, knowledgeable and straight forward. SB 180 drastically limited the situations in which a defendant was subject to the three-year enhancements of Section 11370.2. Bidens national debt cut is actually a 13.4% increase. Unlike other recent amendments that merely allow a judge to use their discretion to award a resentencing hearing, SB 483 goes a step further. Elections Code section 18568 was also amended to now prohibit (1) a person who displays a container for the purpose of collecting ballots, with the intent to deceive a voter into casting a ballot in an unofficial ballot box, and (2) a person who directs or solicits a voter to place a ballot in such a container.. 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. (While this law only applied to contracts with state prisons, an ideal solution would also include local jail contracts.) Web2813. For a discussion on decriminalization policies, see The Peoples Commission to Decriminalize Marylands Interim Report 2021. His legal ability was obvious However, each suffered a major limitation in that neither was retroactive. [P.C. Heres a look at some of them. Solutions: States should limit incarceration as a response to supervision violations to when the violation has resulted in a new criminal conviction and poses a direct threat to public safety. 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. Here's a look at some of them. 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. The author believes that existing law does not clearly define sexual battery to include stealthing. (11) Lack of employment or underemployment of the prospective juror or their family. More information: See our report Eligible, but excluded for ways to remove barriers for eligible voters held in jails, and see our briefing Jail-based polling locations for information showing that people will vote from jail when ballots are accessible. (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 Resisting Arrest/Interfering With A Peace Officer. 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 mail will be promptly distributed to recipients in its original form. Any aggravating circumstances must be found true in a separate proceeding after guilt is found. 3474 0 obj <>stream Lawyers.com However, in 2017, lawmakers passed Senate Bill 180(SB 180). to determine if SB 483, or any other re-sentencing petition, applies to you. Problem: In courthouses throughout the country, defendants are routinely denied the promise of a jury of their peers, thanks to a lack of racial diversity in jury boxes. Problem: Many people who face criminal charges are unnecessarily detained before trial. For additional information on the aging population in prison, see our briefing How many people aged 55 or older are in prison, by state? Additionally, while approximately 40% of states limit the right to vote only when a person is incarcerated, others require a person to complete probation or parole before their voting rights are restored, or institute waiting periods for people who have completed or are on probation or parole. He is the lawyerly to whom I refer my clients in LA. After Matthew Kaestner's efforts in defending a relative I would rate him at the top! 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. Show More, Matt is certainly one of the finest lawyers I have known. Example video title will go here for this video. New penalties for hate crimes at schools. Don't need the accessible version of this site? For full text details and authorship regarding laws and the effective dates, please click on the bill number below for access to the California Minimum wage increases Many states have moved in recent years to increase their minimum wage requirements. New laws restrict activities near polling places or other voting stations as well as the placing of fake ballot boxes. While SB 483 provides tremendous benefit to thousands of currently incarcerated inmates, it also serves another, potentially even more useful, purpose. A San Mateo city council meeting at City Hall in San Mateo on Dec. 12, 2022. The Virginia Consumer Data Protection Act ( VCDPA ), will take effect January 1, 2023. WebNew 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 The new law generated by SB81 goes into effect on January 1, 2022. Solutions: The best course is to repeal automatic sentencing structures so that judges can craft sentences to fit the unique circumstances of each crime and individual. Other re-sentencing petition, applies to you county and felony prison terms had an one... Virginia Consumer data Protection Act ( VCDPA ), will take effect 1. To challenge he gets for his clients everyday applied to contracts with prisons. In its original form 180 ( SB 180 drastically limited the situations which... Policy responses to the COVID-19 pandemic in jails and prisons when you 've been arrested/accused from other and... Systems vary from one state to the sentence for each prior sentence legislative resolution and governor. 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