Proposed Law Could Make It Easier for Non-Violent Offenders to Get Parole
Prison overcrowding has long been a problem in California. Due to harsh punishments for crimes, California prisons house more inmates than they are designed to handle. In fact, the federal government issued a directive in 2009 ordering California to reduce its prison population.
In the latest effort to comply with the federal directive, Governor Brown recently proposed a new law that would make it easier for non-violent offenders to be released from prison early on parole.1
Why Non-Violent Offenders Should Be Eligible for Parole
The proposed change in law would allow inmates to have a parole hearing after completing their sentence for their base crime, regardless of any enhancements added on or if they were ordered to serve consecutive sentences.
There are many enhancements that could be added to your sentence if you are convicted of a crime in California, including if you were in possession of a gun or were a member of a gang. These enhancements can sometimes double your prison sentence.2
With this new law, Governor Brown hopes to rectify the unintended consequences of determinate sentencing. Many prisoners with long sentences who currently have little incentive to change their ways would be eligible for early release. In addition, prosecutors would have less leverage in plea negotiations. Currently, 95% of criminal cases end in a plea bargain in California.3
The law would also remove certain Proposition 21 provisions by allowing a judge to decide when a minor should be tried as an adult, a decision that is currently made by prosecutors.4
Impact on Your Ability to Get Parole
If passed, you may be able to get paroled sooner if you’ve been convicted of a non-violent crime. The law does not offer relief for those convicted of violent offenses.
The new law would require you to earn enough good behavior credits in order to be considered for early release.5 You would need to demonstrate a willingness to change the mistakes of your past, and be able to present evidence to a parole board that you’ve rehabilitated. Factors a parole board will consider are:
- Counseling reports and psychological evaluations;
- Your behavior in prison; and
- Any vocational and educational accomplishments you achieved while in prison.
In order to prove that you’ve been rehabilitated, you should hire an experienced attorney to represent you at your parole hearing.
How Proposal Would Become Law
More than 585,000 signatures are needed before the proposed law could be considered for the Nov. 8 ballot. If all those signatures are collected, it would be up to the California voters to decide if it becomes law.
Call the Criminal Defense Attorneys at Wallin & Klarich
If you or a loved one serving time is eligible for parole, you need to contact an experienced criminal defense attorney immediately. At Wallin & Klarich, our skilled attorneys have been successfully representing clients at parole hearings for over 30 years. We’ve helped thousands of clients in their time of legal need, and we can help you today.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
1. http://www.latimes.com/politics/la-pol-sac-jerry-brown-sentencing-reform-ballot-20160127-story.html href=”#ref1″>↩
2. http://www.latimes.com/local/politics/la-me-brown-sentencing-20160129-story.html href=”#ref2″>↩
3. Id. href=”#ref3″>↩
4. Id. href=”#ref4″>↩
5. http://www.cdcr.ca.gov/victim_services/docs/bphhandbook.pdf href=”#ref5″>↩
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