Hello again Johanus.
The legislation intended to reduce the prison inmate population (to comply with a federal court
order to reduce prison over-crowding), Senate Bill 18, has been passed, though it failed to fully accomplish the objectives necessary to meet the federal court order.
However, the 85% provision of Penal Code section 2933.5, relating to crimes defined in section 667.5, was specifically retained unchanged. Therefore, this legislation will have no effect on your daughter's parole eligibility date.
By the way, the reason that the law was changed to require that certain inmates serve 85% of their sentences was to qualify the state for receipt of federal prison constructions funds. It is unlikely that the state is going to make any changes that would jeopardize eligibility for such funds.
I'm sorry not to be able to give you a more positive answer, but I'm afraid a pardon is still the only legal means for your daughter to obtain an early release and the granting of a pardon is extraordinarily unlikely. Gov. Gray Davis granted none whatsoever during his time in office and Gov. Schwarzenegger has granted them only for minor offenses and for offenders who had, since release from custody, lived socially productive lives for many years. He has granted none for a currently incarcerated inmate and is not likely to do so.
I appreciate the confidence expressed in your desire to possibly retain me to represent your daughter, but the agreement by which experts provide services here on JustAnswer prohibits us from having offsite contact with customers.
Edited by RunTam38 CA Lawyer on 11/26/2009 at 3:26 AM EST