Sunday, January 24, 2010

New CA Criminal Laws for 2010

Every new year sees a host of new criminal laws ushered in which are designed to crush the poor and oppressed. This year we have 3 new laws that will actually help you with certain criminal charges as well as credits for time served.

No More 2/3s Time Served in County Jails

The old rule, set forth in PC § 4019 meant that for every four days your serve in county jail you get credit for six. In most cases this worked out to a third time credit. Sentenced to a year in CJ you served 8 months. From now on, except for certain classes of violent crime and sex crimes, for every two days you serve in CJ you will get credit for four. The new rule means essential that prisoners in county jail will now get half-time credits. A year's sentence now means you serve six months.

Felony Theft Limits Increased

For many theft laws under the old regime anything over $400 was a felony. The legislature has now upped the limit so that in some cases the value of the property taken must be over $950 before a felony can be charged. Ex: example, receiving stolen property formerly could be charged as a felony if the property’s value was over $400; now the value must be over $950.

Non Violent Parolees: No More Prison for Violations

In the past any violation of parole could get you sent back to state prison. The legislature is changing the rules so that if you are a non-violent, non-sex crime offender you can NOT be sent back to prison for petty violations. Under existing law, the department is authorized to return a parolee to prison if the Board of Parole Hearings determines that the parolee violated the terms of his or her parole, as specified. This bill would prohibit the department from returning certain parolees to prison, placing a parole hold on the parolee, or reporting the parolee to the Board of Parole Hearings for a violation of parole, with certain offenders excepted.


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