R
t C lif
i R
t
Recent California Reentry
Legislative Victories:
The Good, The Great, and The Complicated
Agenda
Agenda
Introductions & Info
Court-Based Criminal Record Remedies
Cou
ased C
a
eco d
e ed es
AB 651 (New Realignment Remedy) – Meredith Desautels
SB 530 (Certificates of Rehabilitation) – Eliza Hersh
People v. Parker – CT Turney
1203 4/1203 4a forms (CR 180 & CR 181) – Eliza Hersh
1203.4/1203.4a forms (CR 180 & CR 181) – Eliza Hersh
Reentry & Employment Law
AB 218 (Ban the Box) – Michelle Rodriguez
SB 530 (R
ti
t E
l
)
CT T
SB 530 (Reporting to Employers) – CT Turney
Other Reentry Law
SB 513 (Diversion Programs and Record Sealings), AB 625 (Acceptance of Inmate
ID Cards), and AB 720 (Skinner - Inmate Healthcare Enrollment) – Jesse Stout
Panelists
Panelists
Tanya Koshy
–
EBCLC, Clean Slate Practice –
[email protected]
Meredith Desautels
–
Lawyers’ Committee for Civil Rights
–
[email protected]
Eliza Hersh
–
EBCLC, Clean Slate Practice –
[email protected]
Eliza Hersh
EBCLC, Clean Slate Practice
[email protected]
CT Turney
–
A New Way of Life –
[email protected]
Michelle Rodriguez
–
National Employment Law Project
[email protected]
Webinar Info
Webinar Info
The material in this presentation is general information only
and does not constitute legal advice.
Please use these materials in a manner consistent with our
mission:
To advance the rights of people with criminal
records, and to provide them with high-quality, free or
low-cost reentry legal services.
CLE Credit info at conclusion of webinar.
Contact
[email protected]
Webinar materials will be posted at ebclc.org and nelp.org,
and circulated to the California Reentry Legal Services
Listserv
Listserv
CA Reentry Legal Services Info
CA Reentry Legal Services Info
Continue the Conversation: Join the Reentry Listservs
y
California Reentry Legal Services Providers
Contact:
[email protected]
National Employment Law Project - Criminal Records Group
National Employment Law Project Criminal Records Group
Contact:
[email protected]
California Reentry Legal Services Referral Information:
California Reentry Legal Services Referral Information:
Court-Based Criminal Record Remedies Updates
AB 651 – Meredith Desautels
SB 530 – Eliza Hersh
People v. Parker – CT Turney
CR 180 & CR 181 – Eliza Hersh
AB 651:
AB 651:
Realignment &
Dismissal Remedies
Dismissal Remedies
Meredith Desautels, Staff Attorney,
[email protected]
, 415-543-9444, ext. 223
131 S
TEUART
S
TREET
, S
UITE
400
S
AN
F
RANCISCO
, C
ALIFORNIA
94105
(415) 543-9444
WWW LCCR COM
WWW
.
LCCR
.
COM
AB 651
•
Authored by Assemblymember Bradford
•
Co-Sponsors:
Co Sponsors:
▫
ACLU
▫
East Bay Community Law Center
▫
A New Way of Life Reentry Project
A New Way of Life Reentry Project
▫
Lawyers’ Committee for Civil Rights
•
First introduced in 2012 (AB 2263) signed into law
•
First introduced in 2012 (AB 2263), signed into law
on October 13, 2013
Goes into effect Jan a 1 2014
Penal Code § 1203.41
In general mirrors Penal Code § 1203 4 (dismissal relief for
•
In general, mirrors Penal Code § 1203.4 (dismissal relief for
probationers)
•
Eligibility:
Eligibility:
▫
Applies to convictions with Realignment sentences imposed
under Penal Code § 1170(h)
Felony sentences under Realignment:
News laws established county jail sentences for lower level felonies to
News laws established county jail sentences for lower-level felonies to
address prison overcrowding
To get a Realignment sentence:
Offense must be “non-serious, non-violent, non-sex” offense, and
O e se ust
be o se ous, o
o e t, o se o e se, a d
Defendant must have no prior serious, violent or sex offense
Realignment sentencing options: (PC § 1170(h)(5))
Jail term
J il f ll
d b “
d t
i i ” b
t P b ti D t
Penal Code § 1203.41
•
Timing: (PC § 1203.41(a)(2))
▫
For “straight” jail sentences:
Eligible for relief 2 years after completion of the sentence
Eligible for relief 2 years after completion of the sentence
▫
For “split sentences” that include mandatory supervision:
Eligible for relief 1 year after completion of the sentence
•
Standard:
▫
Relief is discretionary with the court, subject to the “interests of
justice” standard
j
▫
People v. McLernon, 174 Cal. App. 4th 569, 577 (2009)
•
Retroactive:
▫
Applies to any conviction before on or after January 1 2014
▫
Applies to any conviction before, on, or after January 1, 2014
Th Di
i
l P
The Dismissal Process
•
Determining Eligibility
g
g
y
▫
RAP Sheets
▫
Court files
•
Petitioning the Court
▫
Judicial Council form
Judicial Council form
▫
Supporting documentation
Petitioner’s Declaration
Letters of Support
Letters of Support
Other evidence of rehabilitation
▫
Filing fees or fee waiver
I
f PC § 1203 41 Di
i
l
Impact of a PC § 1203.41 Dismissal
•
Same legal remedy as PC § 1203 4
•
Same legal remedy as PC § 1203.4
▫
Plea or verdict set aside
▫
Accusation dismissed, releasing petitioner from “all penalties
d di biliti ”
and disabilities”
•
Statutory Exceptions (1203.41(b)):
May be used as a prior
Must disclose in response to question regarding public office or
licensing or contracting with Lottery Commission
g
g
y
Does not reinstate firearm rights
Does not reinstate eligibility for public office
•
Additional limitations similar to PC
§
1203.4 will apply
Advocacy related to additional
Advocacy related to additional
collateral consequences
•
SB 530
▫
Labor Code § 432.7 prohibits employers from asking
about dismissed convictions
Li
i
•
Licensing
▫
Various statutes and regulations may give weight to
dismissals under PC § 1203.4
dismissals under PC § 1203.4
▫
Under EPC grounds, should be given same
consideration
SB
530
(Senator
Wright)
Certificates
of
Rehabilitation
Clean Slate - East Bay Community Law Center
Eliza Hersh - [email protected]
SB 530 (Senator Wright) ‐
Certificates
of
Rehabilitation
OVERVIEW
OVERVIEW
Current
law:
A
court
may
grant
a
Certificate
of
Rehabilitation
(
(COR)
)
after
a
requisite
q
period
p
of
rehabilitation
Mandatory
rehabilitation
period
is
7
years,
9
years,
or
10
years
depending
on
the
offense
PC
§ 4852.03
SB
530’s
change:
A
court
can
now
grant
a
COR
before
the applicable period of rehabilitation
the
applicable
period
of
rehabilitation
SB 530 (Senator Wright) ‐
Certificates
of
Rehabilitation
TEXT
TEXT
“
SEC.
2:
Section
4852.22
is
added
to
the
Penal
Code,
to
read:
read:
4852.22:
Except
in
a
case
requiring
registration
pursuant
to
Section
290,
a
trial
court
hearing
an
application
for
a
certificate
of
rehabilitation
before
the
applicable
period
of
rehabilitation
has
elapsed
may
grant
the
application
if
the court in its discretion believes relief serves the
the
court,
in
its
discretion,
believes
relief
serves
the
interests
of
justice.”
Full
text
and
analysis:
http://leginfo.legislature.ca.gov
East
Bay
Community
Law
Center
17
SB 530 (Senator Wright) ‐
Certificates
of
Rehabilitation
MORE DETAILS
MORE
DETAILS
Does
not
apply
to
any
misdo
sex
offenses
10
‐
year waiting period is still mandatory
10 year
waiting
period
is
still
mandatory
Clients
who
SB
530
will
help:
Example
p
1
John
was
released
from
prison
in
2009
following
his
conviction
for
Penal
Code
§ 245,
which
has
a
statutory
rehabilitation
period
of
7
years.
John
has made great strides since his release. After January 1, 2014, a judge
has
made
great
strides
since
his
release.
After
January
1,
2014,
a
judge
may
grant
his
COR
petition
if
doing
so
serves
the
interests
of
justice.
Example
2
Laura
was
released
from
prison
in
1993
following
a
conviction
for
drug
sales
(7
‐
year
rehab
period).
She
had
no
contact
with
law
enforcement
until
a
DUI
in
2010.
After
January
1,
2014,
a
judge
may
grant
her
COR
petition if doing so serves the interests of justice
petition
if
doing
so
serves
the
interests
of
justice.
SB 530 (Senator Wright) ‐
Certificates
of
Rehabilitation
COR BACKGROUND
COR
BACKGROUND
A
COR
is
the
only
court
‐
based
reentry
record
remedy
available
for:
Convictions
that
resulted
in
a
state
prison
sentence*
Certain
misdemeanor
sex
offenses
A COR is one of two paths to a governor’s pardon
A
COR
is
one
of
two
paths
to
a
governor s
pardon
Once
granted
by
a
trial
court,
a
COR
becomes
and
automatic
application
for
a
pardon
The
other
path
is
a
direct
Pardon
A
COR
is
an
end
in
itself
Can
help
p p
people
p
in
careers
requiring
q
g
licensing/certification
g/
In
some
cases
relieve
§ 290
(sex
offender)
registration
requirement
*
But note: non‐prison felonies may also be eligible for a COR.
East
Bay
Community
Law
Center
19
SB 530 (Senator Wright) ‐
Certificates
of
Rehabilitation
LIMITS of CORS
LIMITS
of
CORS
WEIGH
RISKS
&
BENEFITS
WITH
CLIENT
BEFORE
FILING
A COR does not allow your client to say “no convictions”
A
COR
does
not
allow
your
client
to
say
no
convictions
on
job
applications
A
COR
is
not
a
pardon
p
A
COR
does
not
seal
or
expunge
the
record,
nor
remove
it
from
public
court
files
A
COR
does
not
restore
firearm
possession
rights
People
who
lost
voting
rights
(while
in
prison
or
on
parole)
are
eligible
to
vote
once
off
parole.
No
COR/pardon
is
required
to
restore
voting
rights
COR investigation may be invasive
COR
investigation
may
be
invasive
Client is ineligible for a COR in any case. Client is possibly eligible to petition the
Was Client sentenced to California state prison in this case?
Was Client everconvicted of any of the following: §§288, 288a(c), 286(c), 289(j), or 288.5?
Yes No
F
Client is possibly eligible to petition the Governor directly for a pardon.¹state prison in this case?
Was Client convicted of a wobbler felony in this case?
Have the requisite rehab period passed since Client was released from prison?²
Yes
No Yes
E
Client is currently ineligible unless an early COR serves the interests of justice. SeePC §4852.22
Has Client had any negative contact with law enforcement during the rehab period?
Consider a §17(b) felony reduction,
§1203.4 relief, and a misdemeanor COR petition.
Has this conviction been dismissed per §1203.4/1203.4a/1203.41?
Best practice (not a statutory Have all of Client’s other eligible Yes Yes Yes No No Yes No No
L
O
Client is currently ineligible unless an early COR serves the interests of justice. SeePC §4852.22Have all of Client’s other eligible convictions been dismissed per §§
1203.4/1203.4a/1203.41?
Best practice (not a statutory requirement) is to have all eligible convictions first dismissed per §§
1203.4/1203.4a/1203.41.
Have all of Client s other eligible convictions been dismissed per §§
1203.4/1203.4a/1203.41?
Best practice (not a statutory Has Client continuously resided in Best practice (not a statutory Has Client served any time in jail or
No Yes
No Yes
O
N
p ( y requirement) is to have all eligible convictions first dismissed per §§1203.4/1203.4a/1203.41.
y California for the last 5 years?
p ( y
requirement) is to have all eligible convictions first dismissed per §§
1203.4/1203.4a/1203.41.
y j
prison in any case since this conviction was dismissed per §
1203.4?
5 years of continuous CA residence i di t l di COR titi
Client is eligible to apply for a COR!3
Client is ineligible for a COR in this Has Client had any negative t t ith l f t d i
No
No Yes
Yes
I
immediately preceding COR petition required. Client is currently ineligible unless an early COR serves the interests of justice. SeePC
§4852.22
COR!3 case. contact with law enforcement during
rehab period?
Client is currently ineligible unless an early COR serves the interests of justice.
Has Client continuously resided in California for the last 5 years?
Yes No
Yes No
E
S
East
Bay
Community
Law
Center
21
early COR serves the interests of justice.
SeePC §4852.22
California for the last 5 years? 5 years of continuous CA residence immediately
preceding COR petition required. Client is currently ineligible unless an early COR serves the interests of justice. SeePC §4852.22
Client is eligible to apply for a COR!3
No
