Judge of the Superior Court of California Prop 47 and Parole Update Judge of the Superior Court of California Solano County Robert S. Bowers October 8, 2016

Post Release Community Supervision (PRCS) Second and Third Strikers QUALIFIED Parolees Post Release Community Supervision (PRCS) Second and Third Strikers Probationers Local Custody - PC1170(h) Juveniles EXCLUDED Super Strikes - PC667(E)(2)(C)(iv) Sex Offenders - PC290(C) Unreasonable risk of danger to public safety (e.g. risk of committing super strike or general danger to society?)

If Granted Discretionary one year parole term for former parolee/prisoners. PC1170.18(d) Total sentence can be greater than the misdemeanor maximum if currently on one year parole. People v. Hronchak 2016 DJDAR 8828 Resentence does not have to be less than original sentence. People v. McDowell 2016 DJDAR 8914

Are banks a commercial establishment? SHOPLIFTING - PC 459. 5 “ENTERING A COMMERCIAL ESTABLISHMENT DURING BUSINESS HOURS WITH INTENT TO COMMIT LARCENY OF PROPERTY UNDER $950” Are banks a commercial establishment? Yes People v. Root, 2016, 4th Dist. What defines value? Sales Price? Full Price? Trial issue People v. Contreras (2015) 237 Cal. App. 4th 868,892 (Fair Market Value) Do Harvey waived dismissed counts add to the overall value?

Is theft of guns different? PETTY THEFT - PC 490.2 “NOT WITHSTANDING PC 487 OR ANY OTHER DEFINITION OF GRAND THEFT, OBTAINING ANY PROPERTY BY THEFT WHERE VALUE IS UNDER $950 IS A MISDEMEANOR” Is theft of guns different? No People v. Perkins(2016)244 Cal.App.129,141 Is theft of vehicles different? Yes People v. Johnson(2016)247 Cal.App. 252,255; People v. Sauceda 2016 DJDAR 9805 Is theft of people different? T.W. v. Superior Court (2015) 236 Cal. App.4th 646 Is theft by false pretense different? People v. Gardner 2016 DJDAR 8651

Where is the petition filed? Court of conviction Burden of Proof Moving party People v. Perkins (2016) 244 Cal. App. 4th 129, (136-37) Challenges of finding proof from old cases Present evidence of facts from any source. People v. Jefferson(2016) 1 Cal.app.5th 235, 240-41 Where is the petition filed? Court of conviction Can the parties withdraw from the plea bargains? T.W. v. Superior Court (2015) 236 Cal. App.4th 646 People V. Dunn (2016) 248 Cal.App. 4th 518, 522 Harris v. Superior Court (2015) Cal.App.4th 244 at Supreme court

Do prison priors qualify? [PC 667.5(B)] No Do prison priors qualify? [PC 667.5(B)] 2nd Dist: People V. Williams(2016) 245 Cal. App.4th 458, 463 4th Dist: People v. Carrea(2016 244 Cal. App.4th 966 5th Dist:People v. Ruff (2016) 244 Cal.App.4th935 Issue pending Cal Supremes Reduction before or after new charges? People v. Abdallah(2016)246 Cal. App.4th 736 Is the defendants presence required? What if case is in warrant status? Do DNA expungements qualify? No People v. C.H. 2016 DJDAR 9108

Parole Update: July 1, 2013: State Courts took over parole violations from CDCR Parole violations must be heard within a reasonable timeline (comparable to probation violations) Flash Incarceration by parole up to 10 days, therefore, weekly hearings are sufficient First court appearance includes appointment of counsel and probable cause determination. Must be held within 15 days from arrest If exceeds 15 days, DA must show due diligence to avoid dismissal (e.g. out of state travel). Second court appearance, parole hearing, must occur within 45 calendar days ** Remedy for not following timelines require a showing of prejudice by moving party **

Parole Update Maximum Punishment for parole violation is 180 days in county jail No more bullets Should the court be involved in the resolution of parole violations? What is an appropriate punishment for an admission of a parole violation? 120 days? Is it ok to suspend jail time for the next violation with credit for time served? Parole time is tolled during pendency of parole violation. Only CDCR can terminate parole (as compared to the courts power to terminate PRCS) Stuck on parole after 60 days - PC 3000.08(L) Remedy Habeas corpus petition

Parole Update Cont. Williams v. Orange County (4th Appellate District) People v. Deleon (Solano County) (1st Appellate District) ** To date, the above cases are at the CA Supreme Court