Title
Title
Rules and Forms: Criminal Procedure: Multicounty Incarceration and Supervision (Action Required)
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Summary
Summary
The Criminal Law Advisory Committee recommends amending California Rules of Court, rule 4.452, to implement section 1170.3 of the Penal Code to guide the second or subsequent court when determining the county (or counties) of incarceration and supervision in multicounty sentencing...
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Recommendation
Recommendation
The Criminal Law Advisory Committee recommends that the council, effective July 1, 2019, amend rule 4.452 of the California Rules of Court to guide courts on multicounty sentencing under Penal Code section 1170(h) by adding the following:
1. Clarification that the second or subsequent court has the discretion to specify whether a previous sentence is to be served in custody or on mandatory supervision-and the terms of such supervision-but may not:
a. Increase the total length of the sentence imposed by the previous court;
b. Increase the total length of the actual custody time imposed by the previous court;
c. Increase the total length of mandatory supervision imposed by the previous court; or
d. Impose additional, more onerous, or more restrictive conditions of release for any previously imposed period of mandatory supervision.
2. A requirement that the second or subsequent court determine the county or counties of incarceration or supervision, including the order of service of incarceration or supervision.
3. A requirement that to the extent reasonably possible, the period of mandatory supervision be served in one county and after completion of any period of incarceration.
4. A requirement that the second or subsequent court calculate the defendant's remaining custody and supervision time in accordance with rule 4.472.
5. Specific factors for the court to consider when making its sentencing determination, including factors relevant to the appropriateness of supervision and incarceration in each respective count...
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