Law Office of Laura Sheppard

And we think we are digging out of a bad mass incarceration hole in CA. Look what's going on in Texas.

I've been getting a lot of messages that say something like "Can you help my loved one with enhancements." This is WAY too vague for me to even begin to help with, but I know it is prompted by a lot of rumors going around about "removal" of enhancements. There are now a LOT of possibilities for a person with enhancements, so I want to break them down. Although I'm not taking new cases right now, this could at least help you better clarify what you're looking for when you con...Continue reading

The Attorney General has a big impact on how things go for people serving time in CDCR. The policies of the office under Jerry Brown, then Kamala Harris, then Xavier Becerra have been very different. This is going to be the new guy. I don't know anything about him yet, but I'll be finding out more!

CDCR Update: Phased Reopening of In-Person Visiting to Begin April 10 Please see below for an important update from CDCR. More information will be provided in the coming days on their website, as details are finalized.

A short summary of all the bills I'm supporting right now, which are being considered by the CA legislature: SB300 improves SB1437 and makes it easier to apply it to LWOP sentences; also makes LWOPs eligible for 1170(d) resentencing by repealing Penal Code 1385.1. AB1224 Similar to SB300 but simpler, this law repeals Penal Code 1385.1 which currently prevents most LWOPs from being resentenced.... AB1509 Reduces firearm enhancements from current (10 yrs up to 25-to-life) to a max of 1-3 years. Those serving time for current enhancements would be able to petition to reduce them (thus it would be RETROACTIVELY applicable) SB81 Authorizes judges to dismiss almost any sentencing enhancement (many of which are still mandatory) while sentencing someone. Not automatically retroactive, but would be applicable if an inmate is recommended for 1170(d) resentencing. SB82 Reduces crimes from robbery to petty theft where the act involved a theft (from a person OR a commercial establishment) by force or fear with NO use of a deadly weapon or great bodily injury. This law WOULD be retroactive, requiring a petition that would result in vacating the felony robbery sentence, and resentencing on a misdemeanor. (It would thus also effect those who have a 3rd strike life sentence for a robbery that fits these criteria.) SB481 Expands the old SB9 which allowed juvenile LWOPs to petition for resentencing. While juvenile LWOPs (under 18) no longer need to petition under SB9 because they are automatically eligible for a parole hearing, SB481 would allow LWOPs who were 25 or younger at the time of their crime to petition the court to reduce their LWOP sentence to 25-to-life, giving them an option besides commutation. SB775 Makes SB1437 applicable to those who were convicted of attempted murder or manslaughter based on the Felony Murder rule or Probable Consequences doctrine. SB416 Expands requirements for CDCR to provide college education to all incarcerated folks. AB292 Increases credit-earning opportunities in CDCR (Always a good thing!) AB990 Establishes personal visiting as a civil right of prisoners, thus making it much harder to infringe upon. Also establishes enhanced services for visitors on CDCR campuses.

Just an update that there is NO update from Los Angeles on 1170(d) resentencing. Latest from the public defender's office is, they've started taking applications for those with the death penalty, but nothing else YET. Gascon is still wrangling with his deputies. You and your loved ones can certainly start gathering documents that might be useful (particularly positive evidence of growth: chronos, certificates, diplomas, milestones, etc) but there is NOTHING else to do yet.... Any lawyer who says they can get you resentenced NOW is just trying to take advantage of your desperation and will be a waste of your money. Please BE PATIENT. Note: I am still adding names to my waitlist, but it's over 75 names long already. However, sit tight; it's possible you won't even need a lawyer, or that the public defender will cover most of you. I'll provide the info you need to get the ball rolling when the time is right, and will take as many cases as I can. If you end up seeking a lawyer besides me, just make sure they are HONEST. If they are not telling you to wait right now, and if they are trying to take thousands of dollars from you, and if they are promising immediate results, they are probably NOT honest! Note 2: Don't bug the public defender about this yet either. Apparently some DA's have been sending an email reply saying to have the public defender file a motion. I have spoken directly with a supervisor from LA's PD office to confirm; there is NO motion they can file. Again, all you can do right now is WAIT. Note 3: I don't have time to answer questions on this all day long, unfortunately. I have a caseload of parole clients to assist. Please be patient. See more

News from the California Appellate Project: We received word late yesterday that the involuntary transfers of medically vulnerable people housed at San Quentin are on an indefinite pause. Calls from clients today confirm this. At least for now, your medically high-risk clients will be staying at San Quentin. Before the pause, 26 people were transferred; one was condemned. All went to Corcoran. Whether the transfers will resume, and when, are both open questions. THE BAD NEWS...: The CDCR is experiencing a phenomenal surge in COVID cases; ten percent of the population is infected. Prison life anywhere in California is extremely perilous for those who are COVID-naïve. We encourage you to encourage your clients to be extra vigilant, take all precautions, and report staff who fail to wear masks. THE GOOD NEWS: California has prioritized prisoners and prison staff for Covid vaccinations. Prisoners and staff at CMF-Vacaville, CCHCF-Stockton, and in the Skilled Nursing Facility at CCWF will be receiving vaccines shortly, followed by custody staff in the COVID isolation units, and custody staff who are responsible for transportation. Further allocations TBD. See more

From the latest Coleman-Plata case update, here is some info on continued covid-related early releases. A good sumary would be: they are happening, but only in very small numbers. Secretary Allison is continuing to consider those with COVID-19 weighted risk scores of greater than or equal to 3, who have either served the base term of their sentence or are within one year of release. She is first considering determinately sentenced patients (who are not required to register as... sex offenders) who have the highest risk for morbidity or mortality, (COVID weighted score of greater than or equal to 6). She is either approving them for release or is referring them to the courts for expedited consideration for recall and resentencing under PC 1170(d)(1). She is particularly looking at people whose remaining sentences are based on enhancements that were previously mandatory but are now discretionary vis-a-vis SB 1393 (effective January 1, 2018). As of December 18, 2020, there are 1,690 people who meet the criteria for review. The Secretary has thus far reviewed 181 people (10.7% of those eligible for review), approved 4 for release (2.2% of those reviewed), and referred 75 to the courts for consideration (41.4% of those reviewed). Secretary Allison also reviewed the 24 indeterminately sentenced people who were granted parole for their commitment offenses but remained in prison serving separate terms for offenses committed while in prison [i.e. Thompson terms]. 19 of these 24 were released (79.2%). (This category is closed.) Secretary Allison is also reviewing all indeterminately sentenced people who have been granted parole but remain in prison because they have not yet reached their minimum eligible parole date (MEPD) or youth offender parole date (YOPD). She has approved 4 for release so far and is continuing to review the remaining 22 individuals in this group (the update does not say how many have been reviewed in this category so far).

The Fed gov't (aka Trump) executed more people in 2020 than all the state gov'ts combined. A morbid record. And he's got 3 more lined up for the weeks before he leaves office. BUT in happier news: dozens of members of Congress are urging President Biden to abolish the Federal death penalty! Can he? Will he? Regardless, even the movement in that direction is a positive sign!

I just learned an amazing update from the Los Angeles DA. I suspected this would be true, but didn't have confirmation. Apparently confirmation can be found in Special directive #20-08: The Los Angeles DA will no longer file special circumstances allegations which can result in a Life Without Parole/LWOP sentence. That means NO MORE new LWOPs from LA. And even more importantly my readers: That means the LA DA is promising to recommend resentencing to all LWOP offenders fr...om LA!! (Most likely they'll be resentenced to 25-to-life so they'll still need to go through the BPH. Tell 'em to start prepping for their hearings!) Again - we don't have a timetable yet, and I will definitely let you know when there is a procedure available for these folks to apply to start the process. It could take a few weeks or even months before we can START. But this is HUGE AMAZING AWESOME good news for those out of LA and I'm soooo happy for the hope (and eventually freedom) this will provide! For folks in other counties: we need to take this template, find a reform-minded person who wants to run for DA, and elect them! That's the only way to get this sort of reform in other parts of our state. See more

I have no idea if this will help, but it can't hurt. So please sign this petition showing support for Gascon's resentencing plan for offenders from LA. https://www.change.org/p/los-angeles-superior-court-judge-j

Just a brief update straight from a department head at the Los Angeles Public Defender: "There is no system yet for asking the DA to review anything. We don't know when one will be set up. There's literally nothing to do but wait. I think the claims of massive DDA resistance [to Gascon's new policies] are exaggerated. I'm hearing of only a few in real time." Short version: We must be patient and wait for the LA DA to set up procedures for seeking resentencing.

I've been getting a lot of queries about helping inmates from Los Angeles get resentenced according to the DA's new policy. YES it should apply to eliminating enhancements on ANY sentence. And YES, I want to help! But the new DA has been in office for only 4 days. We have to be patient while the new administration puts together staff and procedures to implement the new policy. It could take a few weeks, or even a few months, before these cases get rolling. I don't know what the application process, if any, will be, but trust this: as soon as I know, I will post it here and let you all know what will be required to help your loved one get resentenced!! (Repeated reminder: this new relief is ONLY for those convicted and sentenced in Los Angeles county courts)

I promised I'd keep y'all updated on the LA reforms. This article (and others like it) show how the deputy DA's in LA are not happy about the reforms promised by their new boss, George Gascon. They are going to court to try to stop him. I don't believe it will work, but it DOES mean that in the short-term, the rumors are true: many DA's are not willing to follow through on Gascon's pledges, and it is NOT yet a good time (YET) to actually seek resentencing. There is no applica...tion process open yet, but even more importantly, it would be unwise to push for resentencing too soon, because the DDA's and the judges are not yet onboard with what Gascon is trying to do. They will push back, and a denial of resentencing could happen. There is no appeal process, so a denial would mean blowing an inmate's ONE SHOT at resentencing, rather than being patient until the time is right. Hang in there folks - the promise of Gascon's reforms is definitely NOT a false hope. We just have to wait patiently. Momentum will build. https://www.nbclosangeles.com//prosecutors-to-ask/2495114/ See more

Reentry legal clinic (FREE) for residents of Fresno County, San Joaquin, Sacramento, Humboldt, Del Norte, Mendocino & Lake Counties. October 29th & 30th, 10am - 4pm. Registration Link below. https://docs.google.com//1FAIpQLSfpN9bC4oshGNYrbA/viewform

Reentry legal clinic (FREE) for residents of Humboldt, Del Norte, Mendocino & Lake Counties. October 27th & 28th 10am - 4pm. Registration link below. https://docs.google.com//1FAIpQLSfTYOJ8jqpyid1bf-/viewform

https://www.foxla.com//la-county-da-george-gascon-reverses

This program should be useful for those of you who expect your loved one to be released to the LA area soon. Below is a registration link. https://zoom.us//regi/tJUocuyoqDoiGNG-0acT91pLO19oC1KZQo9K

I just got my hands on a solicitation letter from a "Anthony Dao" and/or "Anthony Urbano" at "Jailhouse Lawyer 360 TM" who is sending out letters to inmates who have had their parole denied, trying to get them to hire him to challenge the denial. This individual also just answered my email and admitted he is an inmate. (He has a website and email address and is claiming to "work from home" so we already know he's breaking institution rules!) While inmates can give legal advi...ce to one another in prison, they cannot solicit clients for pay, nor solicit by mail and internet outside of his own facility. He is "practicing law without a license." It's also clear from the relief he is promising that he does not know how parole hearing procedures work. It's also apparent that he is pulling inmate transcripts (with the help of someone on the outside, I assume) and reviewing them. I strongly urge anyone who has received one of his letters to NOT attempt to hire him, NOT send him any money, and to report him to the California Bar. See more

The 3JP/Plata/Coleman case is ongoing litigation about CDCR prisoner overcrowding and medical neglect. It has been around for about ten years, but 2020 filings by the plaintiff (counsel representing all CDCR inmates as a "class action") have included arguments that the case should supervise CDCR's management of the covid-19 crisis in prison. Here's the most recent "Joint Case Management Update." They're always very interesting. This one is mostly disappointing, in terms of ...Continue reading

For California voters, here's my voter guide to the propositions. It also covers local San Diego races, if that's your voting area. https://docdro.id/BuvRgmW

This is an excellent article summarizing some of the recent criminal justice laws signed and/or vetoed by Gov. Newsom. Mostly very positive reforms, although of course there is a lot more needed.

As many of you know, a federal judge recently decided the IRS cannot withhold CARES Act coronavirus emergency payments (stimulus funds) from people who are otherwise eligible solely on the basis that they are incarcerated. The IRS will automatically issue payments to anyone who filed a 2018 or 2019 tax return, or who used the online IRS Non-Filer Portal to make a claim but was denied relief because they were incarcerated. For those who did not file a 2018 or 2019 tax retur...n and whose income was below $12,200 (or below $24,400 if filing jointly), they must take action by October 15th, 2020 to receive an advance payment. (Incarcerated people do not need to have held a job to qualify for emergency payment.) Below is a link to a fact sheet created by Root & Rebound attorneys with the support of the law firm Lieff Cabraser who filed this case - specifically designed for people who are currently incarcerated. TIt includes a sample paper claim filled out and a blank form. Additionally, Lieff Cabraser has longer FAQ's on its website and an email portal where people can submit individual questions here: lieffcabraser.com/cares-act-relief/ Lastly, Root & Rebound hosted a 45-minute online video forum with one of the lead attorneys on the case in which we fielded a lot of common questions and concerns, especially from family members with incarcerated loved ones. Watch the recording here for more info: https://vimeo.com/463973415 With the filing deadline fast approaching on Oct. 15th, please spread the word to people inside and/or help your loved ones file their claim.

Here's some good news that I didn't even know was pending: The Governor has signed AB 3043, which guarantees 30 mins per month (one call per case) of confidential attorney phone call time to each CDCR inmate. This is a BIG help. Until the pandemic, confidential legal phone calls were almost NEVER permitted, and during the pandemic, they're being provided only to those who have a hearing on calendar (BPH or court). This leaves letters as the only option (and before/after the pandemic, in-person visits.) For those whose lawyer is far away (often true for state-appointed appellate attorneys) having the ability to make even a short legal phone call will be a HUGE benefit to the inmate's successful representation (and peace of mind). The law is effective January 1, 2021. https://leginfo.legislature.ca.gov/fa/billTextClient.xhtml

I just want to lift up this incredible public servant who I am reading about. She impresses the heck out of me. Thank you Judge Armstead for being one of the good ones!

SB1064 (which would have prohibited parole panels and psychs from using confidential info that isn't backed up by an RVR, against parole candidates) was vetoed by Gov. Newsom yesterday. His letter gives me hope that he is willing to consider a more carefully worded version of the legislation next year. Keith Wattley at UnCommonLaw has been taking the lead on this advocacy, and I know he won't give up on it. This is a reform that is badly NEEDED, and we will support it until it happens! (Thank you to Kristen Mendoza for finding this one so I could share it with you all)

AB3234 (the lowering of the eligibility requirements for Elderly Parole to age 50/20 yrs) was SIGNED by the Governor yesterday! He had concerns about a provision of misdemeanor diversion, a separate change included in the same bill, but appears he will address that without delaying implementation of the rest of the law. However, keep in mind, there is no guarantee, or even likelihood, that 2nd and 3rd strikers will received the benefit of this change. (Thank you to Holly Antonio for finding and sending me this memo to share with you all!)

The Governor signed the following bills today: AB 979 by Chris Holden Corporations: boards of directors: underrepresented communities. AB 2542 by Ash Kalra Criminal procedure: discrimination. AB 3070 by Shirley Weber (D-San Diego) Juries: peremptory challenges. AB 3121 by Shirley Weber (D-San Diego) Task Force to Study and Develop Reparation Proposals for African Americans.