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Did California pass the 85% to 65% ruling on sentencing. If so what would it take to invol it
Optional Information: State/Country relating to question: California Already Tried: I have a child that was sentenced under a ruling that could have been given 6,9, or 11 years. She got 11 (it was an election year) She has is up for parole 1/3/11 I am trying to get a reduction from 85% to 65% at this time. Please advise
HelloCustomerand welcome to JustAnswer.California has passed no new law with respect to the 85% of a sentence that must be served for convictions of certain felonies. This is the law under Penal Code section 2933.1, which mandates a maximum of 15% credits for anyone convicted of a "violent Felony" as defined in Penal Code section 667.5.You can see a complete list of such felonies here:http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=654-678I take it from what you said that her crime was a violent felony. In that case, if she is eligible for parole on 1-3-11 after serving 85% of her 11 year sentence, there is nothing short of a gubernatorial pardon that you can do to get her an earlier release date. And a pardon would be most unlikely.Thanks for asking your question here on JustAnswer. If you have any other questions, please let me know.RunTam38 CA Lawyer40142.3523271991
Experience: CA Atty since 1976, primarily criminal law. 150+ jury trials.
Thank you. I was referring to The Prisoner Legislation Reform Act of Oct 2009.
I know the state of California is trying to reduce the inmate population. If this goes through and if she is eligible - yes is was a violent offense, I would be interested in hiring you for process appeal.
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