The Substance Abuse and Mental Health Services Administration published a useful guide to using MAT for opioid use disorder in jails and prisons. 2!ZXp-,]VmI i4 The early results are very encouraging: In the first year, Rhode Island reported a 60.5% reduction in opioid-related mortality among recently incarcerated people. He has represented my company previously and when we needed a lawyer, it was no question we phoned Matthew!". One of the most recent and significant sentencing laws to make its way through the system is Senate Bill 483 (SB 483). Cloudflare Ray ID: 7a1148cfadcf0df6 Both Section 11370.2 and Section 667.5(b) underwent significant changes in recent years; however, SB 483 extends relief to a much larger group of people. Lawmakers understandably prioritize consideration of those who have served their base sentence, any other enhancements, and are only serving time based on Section 11370.2 or Section 667.5(b) enhancements. Solutions: States can send a clear message about the importance of protecting family communication by passing a bill or administrative rule requiring correctional facilities to allow individuals who are incarcerated to receive mail in its original form and bar restrictions on the dimensions or number of pages for personal correspondence. For just over a decade, she served on the faculty at Seattle University School of Law and recently served as chair of the Business Law Section of the Washington State Bar [P.C. Fact sheets, case studies, and guidelines for respecting the rights of people on electronic monitors are available from the Center for Media Justice. Establish an open hours court for those who have recently missed appearances to reschedule without fear of arrest. 131-18 (2018) eliminated all discretionary criminal justice fees, including probation fees; the ordinance includes a detailed discussion of the Countys reasons for ending these fees. This puts pressure on defendants to accept plea bargains even when they are innocent, since even a few days in jail can destabilize their lives: they can lose their housing, jobs, and even custody of children. For more than a year, a seven-person California commission has been quietly spearheading a massive effort to Constructive debate is good; mockery, taunting, and name calling is not. Retaining the right kind of criminal appeals team will assist in ensuring your rights are fully represented during the discovery/initial phase, during the petition processes, and in the re-sentencing court. Here's a look at some of them. 124 and 1540 (2021-2022 Reg. Problem: Many communities in the U.S. are not only overpoliced, but deprived of resources they could use to prevent crime without punishing or surveilling community members, such as youth programs and affordable housing. Legislation: D.C. B 23-0324 (2019) ended the practice of felony disenfranchisement for Washington D.C. residents; Hawaii SB 1503/HB 1506 (2019) would have allowed people who were Hawaii residents prior to incarceration to vote absentee in Hawaii elections; New Jersey A 3456/S 2100 (2018) would have ended the practice of denying New Jersey residents incarcerated for a felony conviction of their right to vote. Garrick Byers . Problem: While many states suspended medical fees (or copays) at least temporarily in response to the COVID-19 pandemic, most state departments of corrections, and many local jails, charge incarcerated people a co-pay to see a doctor. What follows is a brief overview of new criminal laws in California in 2022 by Long Beach criminal law attorney, Matthew Kaestner. The VCDPA includes consumer rights and notice requirements that should be familiar to businesses who have dealt with CCPA compliance, as well as some newer requirements for opt-outs, security, and other aspects of consumer data processing. As a result, medical fees often deter sick people from seeking medical attention they create health problems in prisons and high healthcare costs for people leaving prison. Solutions: The Federal Communications Commission has made progress on lowering interstate phone rates, but the agency is legally unable to regulate prices for in-state calling. More information: See Mail scanning: A harsh and exploitative new trend in prisons, Protecting Written Family Communication in Jails: A 50-State Survey, and The Biden Administration must walk back the MailGuard program banning letters from home in federal prisons. Copyright 2023 MH Sub I, LLC. The information presented at Can you make a tax-deductible gift to support our work? For example: Legislation: Rhode Island S 2694 (2022) proposed to: maintain Medicaid enrollment for the first 30 days of a persons incarceration; require Medicaid eligibility be determined, and eligible individuals enrolled, upon incarceration; require reinstatement of suspended health benefits and the delivery of medical assistance identify cards prior to release from incarceration. Problem: Automatic sentencing structures have fueled the countrys skyrocketing incarceration rates. Why is it needed:Cristina Garcia (D- Bell Gardens), the author of the bill,said that the "occurrence [of stealthing] is on the rise." Jan. More information: For a discussion of reasons and strategies for reducing excessive sentences, see our reports Eight Keys to Mercy: How to shorten excessive prison sentences and Reforms Without Results: Why states should stop excluding violent offenses from criminal justice reforms. For examples of reforms you can argue should be adopted to reduce jail populations, and which a moratorium could give time to take effect, see our report Does our county really need a bigger jail?. Ensure that people have access to health care benefits prior to release. Minimum wage increases Many states have moved in recent years to increase their minimum wage requirements. Weve got ideas on how to change this. As always, weve also updated our list of Winnable criminal justice reforms and added new example bills and resources where you can learn more. Last year, the CDCR adopted regulations granting additional good conduct credits to some two-strike inmates and to inmates working in fire camps. Problem: Most states bar some or all people with felony convictions from voting. Resisting Arrest/Interfering With A Peace Officer. CALIFORNIA, USA On Jan. 1, things will be a little different with the California crime laws when it pertains to certain drug offenses. (P.C. Solutions: Although jails are ostensibly locally controlled, the people held in jails are generally accused of violating state law, so both state and local policymakers have the power to reduce jail populations. The director may provide for the manufacture of small articles of handiwork by the prisoners out of raw materials purchased by the prisoners with their own funds or funds borrowed from the Inmates Welfare Fund, or from raw materials furnished by the director without compensation therefor as provided in this section which articles may be sold to Again, however, SB 136 was not retroactive. Otherwise a court shall impose no more than the mid-term sentence. Massachusetts H 1798/S 1600 (2021) sought to eliminate punitive parole conditions, require parole conditions be related to the crime of conviction, and prohibit revocation of parole for parole violations that do not result in conviction. New California pay-to-play law taken to court. and the District of Columbia have eliminated all of these practices. Lawyers.com WebIn December 2022, the Workers Compensation Appeals Board (WCAB) issued four panel decisions that defined the parameters for analysis of the employment status of inmate More information: See our report Rigging the jury, and the Collateral Consequences Resource Centers chart for your states laws on when, or if, people with a conviction history qualify for jury service. In fact, studies have stated that drug overdose is the leading cause of death after release from prison, and the risk of death is significantly higher for women. 1170(b)(1), (2)] A court may, however, consider a certified record of prior convictions in determining an appropriate sentence. When discussions about exclusions come up in your reform fights, here are some helpful points to keep in mind: More information: See our report Reforms without Results: Why states should stop excluding violent offenses from criminal justice reforms for more information on the points above. 3445 0 obj <> endobj New Laws for 2022 . See 63 Cal.2d 740. First, the Secretary of the CDCR and the count correctional administrator must identify those persons in their custody currently serving a [sentence] that includes an enhancement described in subdivision (a) and shall provide the name of each person, along with the persons date of birth and the relevant case number or docket number, to the sentencing court that imposed the enhancement.. Often the sole criteria for release is access to money for bail. Problem: The release of individuals who have been granted parole is often delayed for months because the parole board requires them to complete a class or program (often a drug or alcohol treatment program) that is not readily available before they can go home. Thus, during Bidens presidency the national debt had increased by $3.7 trillion through deficit spending. Legislation: Section 36C of Massachusetts S 2371 (2018) requires people in jails be provided with at least two in-person visits per week and prohibits jails from replacing in-person visits with video calls. WebIn December 2022, the Workers Compensation Appeals Board (WCAB) issued four panel decisions that defined the parameters for analysis of the employment status of inmate workers for the purposes of determining whether these inmate workers are entitled to the protections of workers compensation and other labor laws.Garcia, Castaneda, Chaparro v. Solutions: States have the power to decisively end this pernicious practice by prohibiting facilities from using release cards that charge fees, and requiring fee-free alternative payment methods. There were no arguments on file opposing this bill. This revolutionary new bill will change the lives of hundreds of California inmates, resulting in many individuals leaving prison decades before they would otherwise be free. WebThe laws change often and can be looked at in different ways. This guide is designed to facilitate the sharing of ideas and information across states. Assembly Bill 2282, hate crimes at schools. Gavin Newsom signed in 2021 out of the 10 recommendations the committee submitted. "When spousal rape is not treated as seriously as other forms of rape, it invalidates the victims' traumatic experiences and continues to promote rape culture. States with privatized misdemeanor probation systems will find helpful the six recommendations on pages 7-10 of the Human Rights Watch report Set up to Fail: The Impact of Offender-Funded Private Probation on the Poor. Corrections officials often claim that these policies are for reducing dangerous drug contraband, but their effectiveness in this regard is disputed. Solutions: States should seek to avoid parental incarceration. The re-incarceration rate was even lower for older people: only 0.02% of people over 55 returned to prison for another murder or nonnegligent manslaughter conviction. Solutions: Because the voting systems vary from one state to the next, the reforms needed in states may also vary. Electronic monitoring imposes unnecessary, often contradictory, conditions on recently released individuals, hindering their movement and creating serious barriers to successful reentry. Solutions: States can pass legislation to count incarcerated people at home for redistricting purposes, as Calif., Colo., Conn., Del., Ill., Md., Nev., N.J., N.Y, Va., and Wash. have done. Parental incarceration can result in the termination of parental rights, and contribute to the cycle of incarceration, as children whose parents were incarcerated are more likely to become incarcerated themselves. New California laws 2022 taking effect on Jan. 1 include wildfire management, lower speed limits, cocktails and higher minimum wages. More information: See the Free to Drive Coalitions state-by-state analysis, and the Legal Aid Justice Centers 2017 report Driven By Dollars: A State-By-State Analysis of Drivers License Suspension Laws for Failure to Pay Court Debt. If incarceration is used to respond to technical violations, the length of time served should be limited and proportionate to the harm caused by the non-criminal rule violation. Legislation and model program: New York SB 1795 (2021) establishes MAT for people incarcerated in state correctional facilities and local jails. After spending months in the California state legislature, Senate Bill 775 was just signed into law yesterday, October 5, 2021, by Governor Gavin Newsom. Over the past decade, California lawmakers have made tremendous strides towards a fairer and more equitable justice system. Now only persons convicted of drug offenses involving minors who have priors are ineligible for probation, except in unusual cases. California AB 2942 (2018) removed the Parole Boards exclusive authority to revisit excessive sentences and established a process for people serving a sentence of 15 years-to-life to ask the district attorney to make a recommendation to the court for a new sentence after completing half of their sentence or 15 years, whichever comes first. Too bad our society cares so little about women. San Luis Obispo police holding DUI patrols on Monday, Tuesday, Photos show northern SLO County blanketed in snow, State employee accuses SLO County air district of quid pro quo threat. More information: See The Bail Projects After Cash Bail, the Pretrial Justice Institutes website, the Criminal Justice Policy Program at Harvard Law Schools Moving Beyond Money, and Critical Resistance & Community Justice Exchanges On the Road to Freedom. [P.C. 1893 parole law reshapes California prison system. ), containing parallel amendments to sections 1170 and 1170.1, also were enacted into law. Attorney Advertising. New criminal laws in 2022 continued the liberalization of sentencing laws, restrictions on police conduct, and the recognition of the effects of youth and prior victimization as a cause of anti-social behavior. I guess only women who have been victims of domestic abuse and human trafficking have standing, and they would be risking their lives to stop these early releases. Legislation: Several examples of state and federal statutes are included in Families Against Mandatory Minimums (FAMM) Turning Off the Spigot. Problem: Police are empowered to seize and keep any personal assets, such as cash or cars, that they suspect are involved in a crime, even when there is never a related arrest or conviction. Democratic Gov. The most important . More information: See our briefing Nine ways that states can provide better public defense; the Sixth Amendment Centers Know Your State page, which provides an invaluable guide to the structure of each states indigent defense system, including whether each state has an independent commission with oversight of all public defense services (most do not); the American Bar Associations Ten Principles of a Public Defense Delivery System; and the American Legislative Exchange Councils Resolution in Support of Public Defense. The use and scope of civil asset forfeiture was greatly expanded because of the war on drugs. Problem: With approximately 80 percent of criminal defendants unable afford to an attorney, public defenders play an essential role in the fight against mass incarceration. NEW PERSPECTIVES ON BUSINESS LAW. Problem: Between 2005 and 2015, the number of people on electronic monitoring in the United States increased by nearly 140 percent. SACRAMENTO . he is extremely experienced, knowledgeable and straight forward. The new law generated by SB81 goes into effect on January 1, 2022. Now, under Penal Code section 1109 gang enhancements under Penal Code sections 186.22 (b) and (d) must be tried separately and after guilt of the underlying charge is determined. For example, mandatory minimum sentences, which by the 1980s had been enacted in all 50 states, reallocate power from judges to prosecutors and force defendants into plea bargains, exacerbate racial disparities in the criminal legal system, and prevent judges from taking into account the circumstances surrounding a criminal charge. Senator Scott Wiener (D-San Francisco), the author of the bill, saidthe war on drugs and mass incarceration are policy and public health failures that hurt people. Here is what you need to know about the new laws coming to the books starting on Jan. 1, 2022. WebCal. That To alleviate any lingering concerns, SB 483 provides that any resentencing under the new law shall result in a lesser sentence than the one originally imposed , unless the court finds by clear and convincing evidence that imposing a lesser sentence would endanger public safety. This limits a judges ability to effectively negate the purpose of the bill and all but eliminates any risk of pursuing a resentencing hearing under SB 483. Additionally, governors should immediately restore voting rights to disenfranchised people via executive action when they have the power to do so. States can address this vacuum by passing legislation requiring state prison systems and counties to negotiate for phone calls and video calling services for people in their custody on the basis of the lowest cost to the consumer. 972 (2021) ensured that the state not incarcerated people pay for the cost of calls. What to do when you've been arrested/accused? WebOn September 29, 2022, Governor Gavin Newsom signed effective January 1, 2023, which amends Penal Code sections and 1473. SAN FRANCISCO -- Every year, new laws are approved in California in the hope of tackling the problems people face in the Golden State. But after California prison officials adopted the new emergency rules effective May 1, Marin was told his projected release date had been changed to April 2022 and, later, to September 2022, she said. It will go into effect on January 1, 2026, for civil trials. Public defenders fight to keep low-income individuals from entering the revolving door of criminal legal system involvement, reduce excessive sentences, and prevent wrongful convictions. They found that more than 99% did not return to prison within three years with a new sentence for a similar offense. Comment Guidelines. Code of Civil Procedure section 231.7 prohibits a party in a criminal case from using a peremptory challenge to remove a prospective juror on the basis of the jurors race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliationor the perceived membership of the prospective juror in any of those groups. A law requires prisons to allow inmates free phone calls ends a much-loathed system that charged exorbitant fees. This information is intended to serve as a resource as you determine which problems are a priority in your state and which lessons from elsewhere are most useful. Minimum wage bump. With 2022 upon us, here are some of the new laws that went into effect January 1. Web2 Assembly Bill Nos. Now, under Penal Code section 1109 gang enhancements under Penal Code sections 186.22 (b) and (d) must be tried separately and after guilt of the underlying charge is determined. Solutions: Change state laws and/or state constitutions to remove disenfranchising provisions. More information: See Ending Legal Bias Against Formerly Incarcerated People: Establishing Protected Legal Status, by the Haas Institute for a Fair and Inclusive Society (now the Othering & Belonging Institute), and Barred Businesss The Protected Campaign for information about the campaign to pass Ordinance 22-O-1748 in Atlanta. New laws restrict activities near polling places or other voting stations as well as the placing of fake ballot boxes. If a parent is incarcerated, they should be placed as close to their family as possible, and meaningful transportation options (such as state-funded ride programs) should be available to guarantee that children are able to regularly visit incarcerated parents. [SiteMap], See our profiles at This amendment authorizes the court to grant probation for drug offenses involving minors only where the interests of justice would best be served. There was never any doubt during the process that he was giving his all. 1170(b)(1), (2)] A court may, however, consider a certified record of prior convictions in determining an appropriate sentence. Public utilities commissions in many states can also regulate the industry. This mail will be promptly distributed to recipients in its original form. All of our recent reports about prison/jail growth, racial disparities, and more, re-organized by state. The law was passed in 2020 but went into effect January 1, 2022, for criminal trials. Folsom State Prison's commissary gate, circa 1890s. July 2, 2022 This is the date that the law outlines as the deadline for CDCR to identify all other individuals that fall under this law. Senate Bill 775 and What It Means for California Inmates. Assembly Bill 89 would require all community colleges in California to create a universal policing curriculum, and it would raise the minimum age for new officers from 18 to 21. For example, in the 1965 case, In re Estrada, the court explained, when there is nothing to indicate a contrary intent in a statute, it will be presumed that the Legislature intended the statute to operate prospectively and not retroactively. While many states have taken laudable steps to reduce the number of people serving time for low-level offenses, little has been done to bring relief to people needlessly serving decades in prison. However, when exiting a prison or jail, individuals are often not connected with necessary supports. Under the latest CDCR regulation, the new class of credits can be granted to offenders with convictions for domestic violence, human trafficking, animal cruelty and possession of weapons by individuals who have previous convictions for serious and violent felonies. Enable early discharge from probation and parole for successfully meeting probations requirements for a given time period. Legislation: New York S 1144A (2021) restricts incarceration for technical violations of parole; Michigan S 1050 (2020) restricts the amount of time a person can be incarcerated for technical violations of probation; and Massachusetts H 1798/S 1600 (2021) proposed to reduce reincarceration for technical violations or parole. Notifications can be turned off anytime in the browser settings. (11) Lack of employment or underemployment of the prospective juror or their family. Moratoriums on building new, or expanding existing, facilities allow reforms to reduce incarceration to be prioritized over proposals that would worsen our nations mass incarceration epidemic. Now high term sentences are permissible only when a jury finds beyond a reasonable doubt or a party stipulates to aggravating circumstances. After a temporary halt, a California judge is allowing new regulations that permit two-strike offenders to serve just one-third of their prison sentences, including inmates with serious and violent criminal histories. Solutions: End restrictions that exclude people with conviction histories, as well as people who are charged with a felony or misdemeanor, from jury service. Courts still rely on the reasoning first outlined in In re Estrada. A law to ban new oil drilling within 3,200 feet (975 meters) of homes, schools and other community sites is set to take effect Jan. 1, but it may soon be put on hold by a When ordered as a condition of pretrial supervision, defendants should be credited for time served on electronic monitoring, and people placed on electronic monitoring should not be confined to their home, but rather allowed to work, attend medical appointments, and spend time with their families and communities. Not only that, but legislators used strong language in SB 483 to create what appears to be a very effective sentencing review process. More information: The Council of State Governments report Confined and Costly shows how many people are admitted and incarcerated for technical violations in your states prisons. Problem: Nationally, one of every six people in state prisons has been incarcerated for a decade or more. Problem: Despite a growing body of evidence that medication-assisted treatment (MAT) is effective at treating opioid use disorders, most prisons are refusing to offer those treatments to incarcerated people, exacerbating the overdose and recidivism rate among people released from custody. One major reason for this lack of diversity is the constellation of laws prohibiting people convicted (or sometimes simply accused) of crimes from serving on juries. +}Y"W$ n9cY^9n9=6ewe,TL\!kt')cmmi"aw=c,;k 5)6;YzMA[b\iq~gtxqEwf|;mbxS[G\7*= kwmIjG=+}tn*U *%QdnB@*uZru-I\Wo.87WGngV(Q^gLqXlbe{u[E[bQ]:Zv*7A,+Rsa:Xu-{p{_"8_jzqzfDv4i$b;fp`pW7QG"%F Cm$~Lbp!tTfJ*^yuo='B,W~k%vx!mVcu]7reI@:`I! It is recommended that you retain an attorney will the specific skill set necessary to handle post-conviction cases. I have worked with teams of lawyers and none of them were as knowledgeable and prompt as Matthew. Until then, individuals forced to wear electronic monitors should not be required to pay for those devices nor be fined or re-incarcerated for their inability to pay monitoring fees. Legislation: Maine LD 1521 (2021) brings Maine among the ranks of Nebraska, North Carolina, and New Mexico in ending civil asset forfeiture. SB 483 is a newly enacted law that will help resentence those sentenced of prison prior enhancements. In addition, Rhode Island launched a successful program to provide MAT to some of the people incarcerated in their facilities. Problem: Letters and cards give incarcerated people a vital link to their loved ones, but mail to and from correctional facilities is under threat. Additionally, the court must apply any other changes in law that reduce sentences or provide for judicial discretion so as to eliminate disparity of sentences and to promote uniformity of sentencing. In this way, SB 483 opens the door for inmates who are seeking other relief from lengthy sentences to get before the court, which is often an incredibly challenging feat, especially for older convictions. In addition, in 2019 the Colorado Secretary of State adopted a rule requiring the states 64 sheriffs to coordinate with county election clerks to facilitate voting in jails (see 8 CCR 1505-1, Rules 7.4, 7.4.1). At that point, the court has until December 23, 2023, to resentence the inmate. Assembly Bill 89 would require all community colleges in California to create a universal policing curriculum, and it would raise the minimum age for new officers from Connected with necessary supports Health care benefits prior to release he has my! Prior to release that he was giving his all Families Against Mandatory (! Abuse and Mental Health Services Administration published a useful guide to using MAT for people incarcerated in their facilities reasoning. 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