Did California pass the 85% to 65% ruling on sentencing. If so what would it take to invol it
State/Country relating to question: California
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.
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
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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