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Monday, May 15, 2023

People v. Pierce (2/28/23); Court must review CDCR's letter to recall sentence, base on AB 1540 recall Presumption

Case Name: People v. Pierce (2023) 88 Cal.App.5th 1074, Case #: B322890, District: 2 DCA, Division: 6, Opinion Date: 02/28/2023 

The order summarily denying CDCR’s recommendation for recall of defendant’s 2011 stipulated sentence was reversed based on the new recall and resentencing procedures. The defendant entered into a plea agreement under which he received a stipulated term of 19 years 4 months. CDCR asked the trial court to recall and resentence defendant based on the amendment to Penal Code section 12022.53, allowing discretion to strike a gun use enhancement. Recall was denied. Defendant appealed. Held: Reversed. 

AB 1540, effective January 1, 2022, amended and moved the recall and resentencing provisions of former Penal Code section 1170(d)(1) to a new section, which was then renumbered to section 1172.1. Where recommended by CDCR, there is now a presumption in favor of recall and resentencing of a defendant, which may only be overcome if a court finds the defendant is an unreasonable risk of danger to public safety. Resentencing may only be denied after hearing and appointment of counsel. 

Further, section 1172.1, subdivision (a)(3)(A) provides that, regardless of whether the initial sentence was imposed after a plea agreement, the trial court may reduce a term of imprisonment by modifying the sentence. Here, the appropriate remedy was to reverse and remand the matter, so that the trial court can consider CDCR’s recommendation to recall and resentence defendant under the new and clarified procedure and guidelines.

 

Editor's NOTE: A Major thank you (and shout out) for all the Central California Appellate Program (CCAP) work in summarizing major cases for the month. This is a reprint for Education purposes. We review the Summary of cases and re-print the case that is more relevant to our CDCR population.

Full case at: https://www.courts.ca.gov/opinions/documents/B322890.PDF

Friday, April 28, 2023

Per Gov. Newsom's new Prison mission: San Quentin State Prison is to become San Quentin Rehabilitation Center

SAN QUENTIN – 

Last month Governor Gavin Newsom, announced that San Quentin State Prison — the oldest and most notorious prison in California and home to the largest “death row” in the United States — will be transformed from a maximum-security prison into a one-of-a-kind facility focused on improving public safety through rehabilitation and education. The prison, will be renamed “San Quentin Rehabilitation Center,” focused on teaching those incarcerated men who are on the verge of release how to live and succeed in modern society. 

Newsom stated “We take the next step in our pursuit of true rehabilitation, justice and safer communities through this evidence-based investment, creating a new model for safety and justice, and safer communities through this evidenced-backed investment, creating a new model for safety and justice —the California Model—that will lead the nation,” Newsom announced from the grounds of San Quentin. 

In an announcement last month, Newsom outlined with some enthusiasm, how his administration plans to “spin” corrections in California 180 degree by creating a “California model” institution, modeled on the Scandinavian concept of correctional facilities, adapted for the unique qualities of California society. 

 The Governor intends to accomplish this by not only a name change, but by physically modifying San Quentin, remodeling the old, condemned row cells and a currently vacant PIA warehouse " into a center for innovation focused on education, rehabilitation and breaking cycles of crime," Newsom's office said. The goal is the have the new facility re-made and operational by 2025 and comes with an initial price tag of $20 million. 

HISTORIC ASPECT: 

San Quentin State Prison (SQSP) is a maximum security state prison for men run by the California Department of Corrections and Rehabilitation (CDCR). It is located north of San Francisco in the San Quentin, California community, which overlooks the San Francisco Bay. San Quentin State Prison was the first permanent prison in California, making it the state's oldest prison. It was the largest death row facility in the state and conducted all of the state's executions. The historic Face-Lift effort at San Quentin, never pursued at this scale in the United States, it will serve as a nationwide evidence-backed model to advance a more effective justice system that builds safer communities. San Quentin is the state’s oldest penal institution, established in 1852 with a beginning population of 68 inmates. Long the home of death row, over the years the walls have witnessed 422 executions, including 15 women. 

PRIOR NOTORIOUS LIFER INMATES: 

Charles Manson (now deceased: died from cardiac arrest resulting from respiratory failure, brought on by colon cancer) —was the most famous inmate on San Quentin death row; convicted on seven counts of first-degree murder. Sirhan Sirhan—Robert Kennedy's assassin - mow serving a life sentence at the Richard J. Donovan Correctional Facility in San Diego 

INMATE TRANSFERS: 

Those inmates remaining in the death row quarters will be transferred to other facilities, as many condemned inmates have been over the last few years. The facility will become a largely Level II facility, with some individuals with higher points accepted on the basis of behavioral overrides, according to early reports. Initially, officials expect to see about 500 transfers out of San Quentin to other facilities throughout the state. 

While the new programming at San Quentin (SQ) will focus on job training centers, life skills and is envisioned as a ‘last stop’ for those approaching release from prison (2 years pre-release time frames have been mentioned) administration officials have assured Lifers will not be excluded from the new version of SQ. 

 

EDITOR’S NOTE: We can only hope that the real change will be accomplished by both the changes in the physical facility, programs offered, and the dedication of the inmates and the CDCR Staff to make the change really work. Time will Tell….

Tuesday, March 14, 2023

Life Support Alliance (LSA) returning to Prison to give their impactful Lifer Workshop: Get your Loved ones involved.

 

Now that CoVid is subsiding and more institutions are allowing Program providers in to bring presentations; Life SupportAlliance (LSA) is getting invitations to bring their impactful workshops to more and more prisons (in-person).

 

Some of the workshops include: Unraveling a Parole Hearing,

Connecting the Dots, the Amends Project (e.g. how to write apology letters), among others.

 

LSA travels to the prisons to give their workshops to all Long Term Inmates (i.e. Lifers, Youth Offender, Elderly hearings, DSL, ISL) that are going to a Parole Suitability Hearing, in the future. The workshop will help them get prepared for the Parole Hearing.

 

LSA staff will go where they have the most interested people.

 

Specifically LSA will prioritize the institutions who register the most memberships!

 

If you are a Loved Ones in the free community then sign up to be a Free member of the Life Support Alliance (LSA). You will get the Free Newsletter (Lifer*Line) each month in your email inbox. The other way is to text the word “JOIN” to their automated system at 916-702-7344; which will return a link. Use the link to fill out the membership registration, right from the phone. The membership “count” will indicate which Prisons should get the in-person workshop first.

 

You can also go to LSA’s website at www.lifesupportalliance.Org. Scroll to the bottom of the page and hit the “JOIN” button to get the same form to fill out. Fill out the form with the inmates’ name and the prison location.

 

LSA can be contacted via their email address info@lifesupportalliance.org  and

 

LSA

PO BOX 277

Rancho Cordova, CA 95711

 

Thank You to LSA for all of what they do to assist the inmate population get home.