File #: 20-120    Version: 1
Type: Other Proposal Status: Passed
File created: 2/27/2020 In control: Judicial Council
On agenda: 9/25/2020 Final action: 9/25/2020
Title: Rules and Forms | Criminal Procedure: Multicounty Incarceration and Supervision (Action Required)
Attachments: 1. 20200925-20-120

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 distinguish and clarify procedures applying to sentences under Penal Code section 1170(h) and state prison.

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Recommendation

Recommendation

The Criminal Law Advisory Committee recommends that the Judicial Council, effective January 1, 2021, amend California Rules of Court, rule 4.452, to (1) clarify that certain provisions apply only to sentences under Penal Code section 1170(h), (2) add procedures for when a subsequent court sentences a defendant to state prison when the prior sentence was under section 1170(h), and (3) clarify that subsequent courts may not increase the custody or mandatory supervision portion of the sentence imposed by the previous court.