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Title
Criminal Law: Criminal Realignment and Military Service (Action Required)
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Summary
Summary
The Criminal Law Advisory Committee proposes amendments to specified criminal sentencing rules of the California Rules of Court to (1) reflect statutory amendments enacted as part of the Criminal Justice Realignment Act, which made significant changes to the sentencing and supervision of persons convicted of felony offenses; (2) facilitate the court's determinations under Penal Code section 1170.9 for defendants with military service; and (3) make nonsubstantive technical amendments. The proposed amendments respond, in part, to recent legislation directing the Judicial Council to amend the rules to promote uniformity in sentencing under the Realignment Act.
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Recommendation
Recommendation
The Criminal Law Advisory Committee (CLAC) recommends that the Judicial Council, effective January 1, 2017:
1. Amend rules 4.403, 4.405, 4.406, 4.410, 4.412, 4.414, 4.420, 4.421, 4.423, 4.425, 4.427, 4.433, 4.435, 4.452, and 4.480 and/or the corresponding advisory committee comments to reflect the Criminal Justice Realignment Act by incorporating references to imprisonment in county jail under Penal Code section 1170(h)1, mandatory supervision under section 1170(h)(5), postrelease community supervision under sections 3450-3465, parole under section 3000.08, and/or local county correctional administrator or sheriff, where appropriate.
2. Further amend rule 4.405 and the advisory committee comment to incorporate terms relevant to the Criminal Justice Realignment Act: mandatory supervision; postrelease community supervision; evidence-based practices; community-based corrections program; local supervision; and county jail; and make other specified nonsubstantive amendments.
3. Further amend rule 4.406 by adding paragraph (b)(11): "(11) Denying mandatory supervision in the interests of justice under section 1170(h)(5)(A)."
4. Further amend rule 4.410 and the correspo...
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