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In 11, due to the overcrowding jail problem in California, a new law was passed under PC 1170 that aims to reduce the prison population Under PC 1170, Judges are now given the power to suspend or split a prison sentence for a person convicted of a crime that would otherwise simply be sentenced to State PrisonNow, the person can be "sentenced" to State Prison but serve thatPC 124 – state prison – narrow obligation Only direct victims Directly related to crime PC 13 1 PC 131 –probti bation –much b dh broader Seeking reformation of the def PC 1170(h)(5) – which is it?If convicted of transporting or trafficking a narcotic, you could face imprisonment of three, four of five years pursuant to Penal Code Section 1170 (h) Marijuana Crimes Marijuana laws are constantly changing in the State of California and across the nation

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Pc 1170(h) eligible crimes-And should be granted relief in the interests of justice, and (check one) aPenal Code § 1170(d)(1) authorizes a court to recall a sentence and resentence a person to a lesser sentence in two circumstances (1) on the court's own motion within 1 days after sentencing, or (2) at any time upon a recommendation from the California Department of Corrections (CDCR) or

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 Penal Code section 1170(h)(3) is a sentencing statute that became effective It distinguishes between county jail time and state prison time It says that if one is facing or has a prior conviction that is characterized as a "strike" and one is facing a felony, the sentence must be served in state prisonPC 1170(h) to a serve a straight local prison sentence This individual would be counted twice in the table below, once in the felony probation population and again in the 1170(h) straight sentence population Table 1 Unique Dockets and Unique Individuals, By Population Type 2 3Felony county jail sentence under Penal Code section 1170(h)(5) (Pen Code, § 1341) Petitioner is not under supervision under Penal Code section 1170(h)(5)(B);

A new California law, passed as AB 651 and codified as Penal Code Section 1341 allows more people convicted of felonies to have their criminal records expunged Under the new law, those convicted of felonies and sentenced under the provisions of Penal Code Section 1170(h) will be eligible to have their records expunged under most circumstancesProbation & PC 1170(h) Defendants that are convicted of crimes that are not covered by the sentencing benefits of PC 1170(h) might nevertheless be eligible for a probation sentence A probation sentence is a period of supervision in lieu of a jail or prison sentencePenal Code section 5058 authorizes the Secretary of the California Department of Corrections and Rehabilitation to prescribe and amend regulations for the administration of prisons INFORMATIVE DIGEST (Government Code Section (a)(3)) Penal Code Section 1170(d)(1) authorizesthe Secretary to recommend to a sentencing

Is not serving a sentence for, on probation for, or charged with the commission of any offense;In such circumstances, the crime is punished by 16 months, two or three years in county jail (PC1170(h)(1)) Crimes in this category include most wobbler offenses (where the crime may be punished either as a misdemeanor or a felony) Crimes where the statute now requires punishment in accordance with PC 1170(h) with a designated termAB 109 Eligible 1170(h) Felonies List AB 109 Eligible 1170(h) Felonies List Disclaimer This is a list of statutes expressly amended by AB 109/117/116/X1 17

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The average sentence for PC 1170 (h) cases was 27 years In the first three years of realignment, 121 sentences over 10 years were imposed Sheriff's data for November and December of 14 shows a significant decrease in the total jail population, largely due to Proposition 47California Penal Code 1170(h)(5) allows the court to sentence the defendant to serve part of their sentence in jail, and the rest under community supervision This becomes preferable for the state in lieu of jail overcrowding, so it's important that defendants understand whether they are eligible to receive a split sentence and potential Penal Code is the California statute that allows qualified veterans to undergo treatment as a consequence of a criminal conviction, instead of serving time in county jail or California state prison In contrast to other statutes like Penal Code , allowing for military diversion in lieu of trial, PC is a form of postconviction relief

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Securities Fraud Corporations Code § & Penal Code § 1170 (h) Securities Fraud is to willfully employ, directly or indirectly, any device, scheme or artifice to defraud in connection with the offer, purchase, or sale of any security Securities Fraud is not only aRahbari 232 C 185 Like prison under section 124 12(a) A person who, on , was serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under the act that added this section ("this act") had this act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in

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 If you were sentenced under PC 1170(h)(5)(A) and served your entire sentence in county jail with no supervision following your release, then there is a twoyear waiting period before you are eligible to apply for expungement The relief provided through PC 1341 is the same as the relief provided by PC 134 See, also, § 1170 operative until > (a) (1) The Legislature finds and declares that the purpose of sentencing is public safety achieved through punishment, rehabilitation, and restorative justice When a sentence includes incarceration, this purpose is best served by terms that are proportionate to the seriousness of the offense(Penal Code §1341) F The defendant was placed on mandatory supervision;

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Any felony conviction of 245(a)(1) or 245(a)(4) is not 1170(h) eligible, meaning that any nonprobation sentence must be served in state prison, not county jail Although 245(a)(1), assault with a deadly weapon, is a strike, a person would still be eligible for half time credits in state prison(a) Notwithstanding any other provision of law, the following shall apply to a person sentenced pursuant to Section (1) The person may be committed to the Youth Authority only to the extent the person meets the eligibility criteria set forth in Section of the Welfare and Institutions Code Cal Penal Code § 1170(h)(5)(B)(i) The name given to the term of probation supervision after serving a portion of one's section 1170(h) sentence in actual custody is termed "Mandatory Supervision", which starts as soon as a defendant is released from custody Cal Penal Code § 1170(h)(5)(B)(ii) It should be noted that there is a

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Related crimes are sentenced to county jail rather than to state prison (Penal Code 1170(h)) Under Penal Code 1170(h)(5)(B), the court may suspend the term and release the defendant to Mandatory Supervision, "during which time the defendant shall be supervised by the county probation officer in accordance with Probation & PC 1170(h) Defendants that are convicted of crimes that are not covered by the sentencing benefits of PC 1170(h) might nevertheless be eligible for a probation sentence A probation sentence is a period of supervision in place of a jail or prison sentence California Penal Code Section 1170 (a) (1) The Legislature finds and declares that the purpose of sentencing is public safety achieved through punishment, rehabilitation, and restorative justice When a sentence includes incarceration, this purpose is best served by terms that are proportionate to the seriousness of the offense with provision

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DropIn office hours for Proposition 47, Proposition 64 PC reductions are Los Banos Office Mondays 1000 am to 1130 am at 445 I Street, Los Banos, CA Merced Office At this time we ask that you call the office at for information regarding if your case has an eligible charge California Penal Code 1170 PC is the state's felony sentencing statute People convicted of certain lowerlevel, nonviolent felonies can serve their sentence in a county jail rather than California State Prison Judges can grant suspended sentences, where defendants avoid serving jail time as long as they complete the terms of probationAnd if an inmate is terminally ill,PC 290(c), or Any prior conviction for PC 368(e) or (d) Source List Rodriguez, San Diego District Attorney's Office *Any Defendant charged as a Felon on this chart, due to prior Super Strike (PC 667(e)(2)(iv) or PC 290(c) registration will be sentenced pursuant to PC 1170(h)(3) They will serve an executed term in state prison

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JusticeInvolved Veterans1 A decision map of Penal Code section INTRODUCTION Penal Code section 2 provides judicial officers with the option of sentencing military veterans to treatment instead of prison or jail if they have been convicted of certain classes of crimes, as long as the court finds that the defendant may beResponsibility, and mandatory service to the public to atone for the crime, • Through the demanding requirements for obtaining the restorative relief under § (h), and ultimately • To attain the goal of reentering the community as a lawabiding citizenMore on PC (aka Prop 47) PC prevents felonies from even being charged for certain drug and property crimes such as lowlevel nonviolent personal use drug possession and theft crimes where the taking does not exceed $950 in value This applies no matter how many prior theft offenses an individual may have

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Notwithstanding any other provision of this section, for purposes of paragraph (3) of subdivision (h), any allegation that a defendant is eligible for state prison due to a prior or current conviction, sentence enhancement, or because he or she is required to register as a sex offender shall not be subject to dismissal pursuant to Section 1385Simple possession is a lesser included offense of two of the 1170(h)eligible destructive device offenses for which Fisher was sentenced, and the third offense was 1170(h) eligible (People v Westoby (1976) 63 CalApp3d 790, 795–796 simple possession a lesser of recklessly or maliciously possessing a destructive device and explosive;• Crimes where a penal statute specifies the defendant "shall be punished by imprisonment pursuant to subdivision (h) of Section 1170" without the designation of a particular term of punishment In such circumstances, the crime is punished by 16 months, two, or three years in county jail (§§ 18 and 1170(h)(1)) Crimes in this category

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This provision, at (h)(4)(D) is what really sets § (h) above all other provisions because for a regular civilian (not a former or current servicemember eligible under § (h)), relief under §§ and is barred if one was convictedPenal Code § 1170(h)(3) states any offender whose sentence is punishable by a term of sixteen months, two years or three years in state prison is eligible to serve his or her sentence in county jail unless the person is convicted or has been convicted of a serious felony (as defined at Penal Code § (c)) or violent felonies (as defined under Penal Code § 6675(c)) as well as those who To be eligible for PC 1170(h) sentencing The punishment provision in the statute for one (or more) of the crimes must specify that defendant "shall be punished by imprisonment pursuant to subdivision (h) of Section 1170"

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The 11 Realignment Legislation for a crime that is now eligible for sentencing pursuant to PC 1170(h) a Mark if it has been more than two (2) years since you completed the jail sentence b Mark if you are not under supervised probation, and you are not serving a sentence for, on probation for, or charged with another offenseHome » California Penal Code Section 1170(h) — Big Changes In Felony Sentencing This is important in the context of the new law, because most crimes that are eligible for probationary sentencing, are also eligible for sentencing under the new law A wobbler offense is a crime that could be punished as either a felony or a misdemeanor Under PC 1170 (h), a misdemeanor is punishable by up to 364 days in county jail A felony conviction carries a sentence of 16 months or 2 or 3 years in prison Under PC 1170, the judge must consider any aggravating and mitigating factors when deciding

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Defendant Booked for NonPC S 1170(h) Charges Charge(s) are not serious or violent as defined in Penal Code § 6675(c) or S (c) Current charge(s) do not involve firearms, GBI, or sexual assault Defendants booked for a Penal Code § 1170(h) eligible felony and have a prior serious/violent conviction (strike), must fit following criteriaOffenses sentenced under Penal Code § 1170(h) but does not allow it for people sentenced to state prison 24 Penal Code § 3075(a) creates a "board of parole commissioners" in each county that is empowered to release people early from jail and supervise them for up to the offense will say something like "felony" or punishable by more than a year, or Penal Code § 1170(h) A California misdemeanor can have any of three maximum possible sentences If the statute says 90 days, 90 days If the statute says 365, it's actually a sentence of 364 days per 185 If the statute

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Sentence per PC 1170(h) STATE PRISON if prior super strike or PC 290 LOCAL PRISON if prior PC 653(f) or PC conviction New Crime of Shoplifting PC 4595 •Entering commercial establishment with intent to commit larceny •During regular business hours •Amount of intended item to be stolen is under $950If so, you are ONLY eligible for an expungement if you successfully completed probation If you were convicted of a felony and NOT granted probation (ie you were sentenced to state prison or to county jail under PC 1170(h)), then you are not eligible If the crime was a misdemeanor, were you granted probation?County Jail Under Section 1170(h) " 3 Some crimes specify punishment under section 1170(h), but at the same time are excluded under the statute Which designation controls?

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The exclusion controls The new county jail punishment scheme is set out in section 1170(h)(1) and (2) Each of those provisions they will apply to designated specifies that Was the crime a felony?That one year has elapsed since completion of the sentence and defendant is not currently under supervision pursuant to PC 1170(h)(5)(B), and is not serving a sentence for, on probation for, or charged with the commission of any offense (Penal Code §1341)

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PC 1170 Sentencing Both HS (a) and (b) crimes are eligible for PC 1170(h) sentencing This means that if the defendant is not granted a probation sentence after a conviction for transportation for sale of a controlled substance,

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