New laws restrict activities near polling places or other voting stations as well as the placing of fake ballot boxes. A San Mateo city council meeting at City Hall in San Mateo on Dec. 12, 2022. 124 and 1540 (2021-2022 Reg. Javascript must be enabled for the correct page display, Most felony charges carry three terms, a low, mid and high term. More information: See our briefing Why states should change Medicaid rules to cover people leaving prison The Center for Law and Social Policys No More Double Punishments: Lifting the Ban on SNAP and TANF for People with Prior Felony Drug Convictions, the Center on Budget and Policy Priorities, How SNAP Can Better Serve the Formerly Incarcerated, the Center for Employment Opportunities Providing Cash Assistance through Decarceration and Reinvestment, and Kaiser Family Foundations States Reporting Corrections-Related Medicaid Enrollment Policies in Place for Prisons or Jails. What's new:SB-73 is an amendment that would end mandatory prison sentences for nonviolent drug offenses. Pretrial detention also leads to jail overcrowding, which means more dangerous conditions for people in jail, and it drives sheriffs demands for more and bigger jails wasting taxpayer dollars on more unnecessary incarceration. (a) Notwithstanding any other law, any inmate sentenced to county jail assigned to a conservation camp by a sheriff and who is eligible to earn one day of credit for every one day of incarceration Additionally, the increasing use of background checks in recent years, as well as the ability to find information about a persons conviction history from a simple internet search, allows for unchecked discrimination against people who were formerly incarcerated. But while it was intended to disrupt major criminal organizations, it is disproportionately used against poor people who cannot afford to challenge the seizures (unlike a criminal proceeding, there is generally no right to free counsel in a forfeiture case). All uniformed officers in Connecticut are now required to wear their badges in a prominent place. More information: See our report Correctional Control 2018: Incarceration and supervision by state for details on how probation sets people up to fail and the Executive Session on Community Corrections report Less Is More: How Reducing Probation Populations Can Improve Outcomes for more on downsizing probation. Senate Bill 775 and What It Means for California Inmates. Legislation: Several examples of state and federal statutes are included in Families Against Mandatory Minimums (FAMM) Turning Off the Spigot. Problem: In courthouses throughout the country, defendants are routinely denied the promise of a jury of their peers, thanks to a lack of racial diversity in jury boxes. A conviction history can act as a barrier to employment, education, housing, public benefits, and much more. The stigma of having a conviction history prevents individuals from being able to successfully support themselves, impacts families whose loved ones were incarcerated, and can result in higher recidivism rates. Most felony charges carry three terms, a low, mid and high term. States and U.S. territories have changed restrictions on jury service through legislative reform, amendments to court rules, and changes to executive clemency rules. A significant proportion of people who have committed violent crimes have been victims of crime or serious trauma themselves. Problem: Probation and parole are supposed to provide alternatives to incarceration. 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. A San Mateo city council meeting at City Hall in San Mateo on Dec. 12, 2022. Senate Bill 483 takes the several other recent amendments and builds upon them. Problem: Letters and cards give incarcerated people a vital link to their loved ones, but mail to and from correctional facilities is under threat. Judge Mesiwala has now lifted the temporary restraining order. A reconciliation provision in SB 567 provides that if all three bills are enacted, version 1.3 of the legislation becomes the law. These protections may include: Legislation and regulations: Illinois SB 2090 (2019) established a polling location at Cook County Jail and required election authorities and county jails to work together to facilitate absentee voting. (11) Lack of employment or underemployment of the prospective juror or their family. Three year drug priors and one year prison priors (except for sexually violent priors) having previously been repealed are now repealed retroactively. (3) Having a close relationship with people who have been stopped, arrested, or convicted of a crime. COVID-19 Update: How We Are Serving and Protecting Our Clients. Persons convicted of attempted murder and manslaughter based on either a felony murder theory or on the now defunct natural and probable consequences doctrine may now, like persons convicted of murder, apply to be re-sentenced under amended P.C. End bans on access to SNAP (Supplemental Nutrition Assistance Program) and TANF (Temporary Assistance for Needy Families) benefits. Problem: Numerous studies have linked parental incarceration to negative outcomes for parents and children. Bidens national debt cut is actually a 13.4% increase. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Problem: 35 states (Ala., Alaska, Ariz., Ark., Conn., Del., Fla., Ga., Ind., Iowa, Kan., La., Maine, Md., Mass., Mich., Mo., Neb., N.H., N.J., N.M., N.Y., N.C., N.D., Ohio, Okla., Pa., R.I., S.C., S.D., Tenn., Texas, Vt., Wash., and Wisc.) For example, San Francisco County Ordinance No. 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. It would be a seamless transition for the many of them. HIGHER PAY. Primarily, the offenses that fell under Section 11370.2 were those involving selling, distributing, trafficking or manufacturing drugs. See 63 Cal.2d 740. Part 2 in New California laws for 2022 includes ethnic studies, probable cause, developmental services, student instructions, budget act, mental 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. However, the laws across states vary: Only 2 states (Maine and Vermont) and 2 territories (D.C. and Puerto Rico) never deprive people of their right to vote based on a criminal conviction, while over 20% of states have laws providing for permanent disenfranchisement for at least some people with criminal convictions. Moratoriums also allow for the impact of reforms enacted to be fully realized and push states to identify effective alternatives to incarceration. Institute grace periods for missed court appearances to reduce the use of bench warrants, which lead to unnecessary incarceration for low-level and even non-jailable offenses. 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. (SB 567, 3, subd. 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?. As of 2022, 1 in 19 Black adults nationwide was disenfranchised because of a felony conviction (and in 8 states, its more than 1 in 8). See also the Pew Charitable Trusts report To Safely Cut Incarceration, States Rethink Responses to Supervision Violations. PEN Code 4019.2 - 4019.2. 1170 (b)( 3), (6)]Persons convicted of most drug offenses who had prior drug offenses were ineligible for probation under former Health and Safety Code section 11370. 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. What to do when your loved one has been arrested/accused. Problem: Correctional facilities increasingly use fee-riddled cards to repay people they release for money in their possession when initially arrested, money earned working in the facility, or money sent by friends and relatives. For example, states should: Legislation: California AB 1950 (2020), Louisiana SB 139 (2017), New York S 4664A (2014), and Virginia HB 5148 (2020) have shortened probation sentences by eliminating minimum sentences, setting caps on probation sentences, or awarding compliance credits. In fiscal year 2021-22 alone, four Community Reinvestment Initiatives will provide $12.8 million to community-based services in reentry, harm reduction, crime prevention, and crime survivors. Find out how your crime laws may be affected with new 2022 laws. I have worked with teams of lawyers and none of them were as knowledgeable and prompt as Matthew. However, public defense systems are not adequately resourced; rather, prosecutors and courts hold a disproportionate amount of resources. Cutting incarceration rates to anything near pre-1970s levels or international norms will be impossible without changing how we respond to violence, because of the sheer number of people over 40% of prison and jail populations combined locked up for violent offenses. What follows is a brief overview of new criminal laws in California in 2022 by Long Beach criminal law attorney, Matthew Kaestner. That d'Q"nGtxOgynaFs)hNlqFm=rhk`m=BZ'&PhX:'E8JVq2'6U]y&1 Prohibit the revocation of probation or parole for a violation that does not result in a new conviction. Starting in 2022, many neutral reasons for excusing a juror are now presumed to be unlawful and subject to challenge. to determine if SB 483, or any other re-sentencing petition, applies to you. For those who are still either serving their base sentence or another term of enhancement, the CDCR Secretary and county correctional administer must refer the inmates information to the court by July 1, 2022. The Virginia Consumer Data Protection Act ( VCDPA ), will take effect January 1, 2023. What's new:This bill expands the definition of rape to include the rape of a spouse, thereby making a state prison sentence mandatory in most circumstances, and requiring the convicted spouse to register as a sex offender. Our central hub of data, research, and policy responses to the COVID-19 pandemic in jails and prisons. It is not retroactive; however, a related bill was also signed into law recently. The gang enhancement (P.C. and the Vera Institute of Justice report Aging Out. If you or a loved one need a first class Attorney protecting you in court +}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! In State finance, payroll, and benefit programs. For materials on second-look sentencing, including a catalogue of legislation that has been introduced in states, see Families Against Mandatory Minimums Second Look Sentencing page. For additional information on the aging population in prison, see our briefing How many people aged 55 or older are in prison, by state? As always, weve also updated our list of Winnable criminal justice reforms and added new example bills and resources where you can learn more. (California State Library.) 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