Realignment Sentencing in California
The Legislature has amended hundred of felony statutes to specify that "imprisonment shall be pursuant to subdivision (h) of Section 1170." Starting October 1, 2011, a defendant sentenced under one of these statutes can only be imprisoned "in a county jail for the term described in the underlying offense." (Penal Code section 1170(h))
Errol Cook, Esq.
(562) 209-1114
Monday, March 3, 2014
Sunday, March 2, 2014
Realignment in Criminal Cases
Realignment in Criminal Cases
The new realignment statutes represent anther example of the state Legislature's inability to implement comprehensive legislation . The new statutes are a maze with sometimes contradictory subdivisions which sometimes raises more questions. There are three (3) main categories of change:
1) Conduct Credits (see Penal Code section 2933, 4019)
2) Sentencing for defendants convicted of non-serious, non-violent, and non-290 registrable felonies who are denied probation (see Penal Code section 1170(h))
3) Post Release supervision for felony defendants who are denied probation (see Penal Code section 3000.08 et.seq)
Errol Cook, Esq.
562-209-1114
The new realignment statutes represent anther example of the state Legislature's inability to implement comprehensive legislation . The new statutes are a maze with sometimes contradictory subdivisions which sometimes raises more questions. There are three (3) main categories of change:
1) Conduct Credits (see Penal Code section 2933, 4019)
2) Sentencing for defendants convicted of non-serious, non-violent, and non-290 registrable felonies who are denied probation (see Penal Code section 1170(h))
3) Post Release supervision for felony defendants who are denied probation (see Penal Code section 3000.08 et.seq)
Errol Cook, Esq.
562-209-1114
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