New Prop 57 Rules | Nonviolent 3 Strikers Now Eligible for Resentencing
New Emergency Regulations Have Been Issued by the California Department of Corrections Regarding Prop 57 Relief for Nonviolent “Three Strike” Felons
Earlier this year, Los Angeles County Superior Court Judge Laura Laesecke issued an affirmative decision in the Vincent Edwards Habeas Corpus case. This landmark decision forced the California Department of Corrections and Rehabilitation (CDCR) to allow inmates locked up under California’s Three Strikes law to seek early parole if their third strike was for a nonviolent offense. Previously, the CDCR barred relief for Edwards and other similarly situated inmates.
On December 11, 2018, CDCR completed their rule-making process to implement the new court-ordered Prop 57 regulations. The new rules(.pdf) go into effect immediately on January 1, 2019.
While the new rules require CDCR to begin evaluating the sentences of three strikers at least 180 days prior to their nonviolent parole eligible date, there are still many steps that can be taken proactively to increase the chances your loved one will be reviewed and re-sentenced as early as possible. Specifically, section 1170(d)(1) allows inmates to file a petition for re-sentencing under the section. The inmate should have strong support materials in their C-file supporting their section 1170(d)(1) claim.
Unite the People’s attorneys are available to assist those who are serving a mandatory sentence for a nonviolent third strike. We also have a former Parole Board judge on staff who knows the ins-and-outs of the system and can help you or your loved one with valuable advice to win re-sentencing or early release.
Our rates are affordable and based on your income. As a nonprofit organization, our mission is to serve you at the lowest cost possible while maintaining high standards for quality representation.