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The Flushing Sound Coming from California is....

TheHeez said:
Also, I would encourage folks to read about Prop 57. It's not quite as cut and dried as the OP says. The OPs list of crimes pertains to minors who are prosecuted as adults. In CA the prosecutor decides if a minor will be tried as an adult, not a judge. 57 repeals that.

As for parole for anyone and everyone, it does not do that. It basically says that if you are serving a sentence for non-violent crimes, you are eligible for parole after serving the full term of your primary offense.
So it is what it is. No disrespect Don, I was reviewing my cheat sheet and started reading the text of the law and felt the need to post.
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No issues. This is an example of the differences between sources of information. I'm using the Association of Deputy District Attorneys training guide.

The bulleted list of crimes apply to ALL defendants, not just minors.

We agree that "nonviolent" offenders are eligible for parole after serving their time on the primary offence. The difference under Prop 57 is that as a nonviolent offender you are eligible for 50% time credit AND all sentencing enhancements for example prior convictions for violent crimes (strikes) that double your sentence will fall off. This can/will result in a reduction in actual time in prison vs what the Court sentenced.

This places Prop 57 in direct conflict with laws already in place such as Prop 184 Three Strikes Law, Prop 35 Human Trafficking, Penal Code 186.20 Street Terrorism Enforcement and Prevention Act, Prop 8 The Victim's Bill of Rights, and Prop 9 Marsy's Law (Cal. Constitution Article I Section 28)

I will post an example of how sentences can/will be reduced via Prop 57 shortly, I hope.
 
Matthew said:
You get the same thing in Texas. Plus, we don't let criminals out. Well we do but under much different circumstances.
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Thanks but too much red for me.
 
Magnetix said:
You can still get all of that in Las Vegas you know.... We aren't too far away!
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I'm not sure I would call temperatures over 100 degrees in the summer great weather. I do however love Vegas and go every year.


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DufferToo said:
No issues. This is an example of the differences between sources of information. I'm using the Association of Deputy District Attorneys training guide.

The bulleted list of crimes apply to ALL defendants, not just minors.

We agree that "nonviolent" offenders are eligible for parole after serving their time on the primary offence. The difference under Prop 57 is that as a nonviolent offender you are eligible for 50% time credit AND all sentencing enhancements for example prior convictions for violent crimes (strikes) that double your sentence will fall off. This can/will result in a reduction in actual time in prison vs what the Court sentenced.

This places Prop 57 in direct conflict with laws already in place such as Prop 184 Three Strikes Law, Prop 35 Human Trafficking, Penal Code 186.20 Street Terrorism Enforcement and Prevention Act, Prop 8 The Victim's Bill of Rights, and Prop 9 Marsy's Law (Cal. Constitution Article I Section 28)

I will post an example of how sentences can/will be reduced via Prop 57 shortly, I hope.
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The bulleted list of crimes is directly preceded by the following sentence in the text of the law:

"(b) Subdivision (a) shall be applicable in any case in which a minor is alleged to be a person described in Section 602 by reason of the violation of one of the following offenses when he or she was 14 or 15 years of age:" No source but the actual text of the law. The bulleted list does not apply to all.

I guess just a difference of opinion. In my opinion if someone previously served their time for a violent crime, was released and then was convicted of a non-violent crime, I feel they should be punished based on the crime they have not already served time for.
 
The following is from the training info as it applies to adult offenders.
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TheHeez said:
The bulleted list of crimes is directly preceded by the following sentence in the text of the law:

"(b) Subdivision (a) shall be applicable in any case in which a minor is alleged to be a person described in Section 602 by reason of the violation of one of the following offenses when he or she was 14 or 15 years of age:" No source but the actual text of the law. The bulleted list does not apply to all.

I guess just a difference of opinion. In my opinion if someone previously served their time for a violent crime, was released and then was convicted of a non-violent crime, I feel they should be punished based on the crime they have not already served time for.
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Yes, Welfare and Institutions code 602 pertains to minors. The language that Prop 57 adds to the California Constitution regarding adults I've posted below.
beecd954a5b691b59cbf19b17c758976.jpg
 
DufferToo said:
Yes, Welfare and Institutions code 602 pertains to minors. The language that Prop 57 adds to the California Constitution regarding adults I've posted below.
beecd954a5b691b59cbf19b17c758976.jpg
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Where does it say that all those bulleted violent crimes in your OP are parole eligible for adults? It doesn't, those only pertain to minors.

The adult sentencing section above is for non-violent offenders. I'm no lawyer but I'd imagine that assault with a knife is not considered non-violent. Personally I don't think non-violent criminals should be sentenced based on a prior crime in which they've already served their debt to society.

Please don't take this as arguing or not respecting your opinion. I understand your job and thank you for doing it, god knows its a tough one. I just see it differently and enjoy a little discussion. :good:
 
TheHeez said:
Where does it say that all those bulleted violent crimes in your OP are parole eligible for adults? It doesn't, those only pertain to minors.

The adult sentencing section above is for non-violent offenders. I'm no lawyer but I'd imagine that assault with a knife is not considered non-violent. Personally I don't think non-violent criminals should be sentenced based on a prior crime in which they've already served their debt to society.

Please don't take this as arguing or not respecting your opinion. I understand your job and thank you for doing it, god knows its a tough one. I just see it differently and enjoy a little discussion. :good:
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I'm enjoying the discussion as well. Just like most discussions here on THP everyone has something positive to take away from the interaction.

Per the Governor/A.G office any crime not specifically listed as a "violent" in Penal Code 667.5 is considered "nonviolent". They chose those 15 crimes because the D.A.'s lobbied for and received the ability to enhance sentences on those that were convicted of those crimes. The Governor is now claiming that the D.A.'s said those are the only violent crimes which isn't true. But it does help him lower the prison population to meet the Federal mandate.

Reread the language from the last picture I posted. It's copied from the proposed amendment.

Edit: Receiving extra time for offences that they committed previously is supposed to be a deterrent. Similar to when a child is grounded by their parents. Any subsequent period of restriction is longer for each time the child misbehaves.
 
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Just an update folks, Prop 57 passed with 64% of the vote. We shall see what that does for the Golden State.
 
TheHeez said:
Just an update folks, Prop 57 passed with 64% of the vote. We shall see what that does for the Golden State.
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But do the actors have to wear the love gloves? I think that is what everyone really cares about.
 
OITW said:
But do the actors have to wear the love gloves? I think that is what everyone really cares about.
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Haha it did not pass. No glove, no problem! :laughing:

And as of today, weed is legal.
 
TheHeez said:
Just an update folks, Prop 57 passed with 64% of the vote. We shall see what that does for the Golden State.
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Was talking with a DA from the prison unit. She said 16,000 are scheduled for release. Her unit, and those from every County that has a prison, are scrambling to try to delay the release of those that are pending trials for their in-custody crimes.

In happier news both the love glove and plastic bags are banned.

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