October 21, 2020 By Paul Wallin

As the global Covid-19 pandemic rages on there is no population more affected than those serving a prison sentence in the California Department of Corrections and Rehabilitation (CDCR). Those currently serving time in California’s overcrowded prison system are exposed to the dangers of the virus and are left vulnerable to contracting the deadly disease.

In light of the impact the pandemic has on California inmates and on their access to programs and credits–and the fact that many people have been sentenced to state prison but have not been transferred to CDCR custody due to the suspension of county jail intake–the CDCR has announced the award of 12 weeks of Positive Programming Credit (PPC) to eligible incarcerated people.

The California Department of Corrections and Rehabilitation will begin working with each California jail housing eligible inmates to apply for the PPC beginning on October 1, 2020.

Those eligible for the PPC are inmates with longer than two years left to serve once the individual has been received into CDCR custody. For those already received into CDCR custody who were sentenced on or before July 5, 2020, CDCR will verify the individual’s eligibility with jail staff and apply the Positive Programming Credit accordingly.

In instances where the PPC is applied and makes the individual eligible for immediate release, the CDCR will provide a release memo to the county jail with reporting instructions for the releasing person to report to the nearest parole office for post-release assignment.

California Department of Corrections (CDCR) Release Process:

Since April 2020, CDCR has collaborated with county jails to begin the release process for people who are within 45 days of the end of their sentence, to ensure they are not held beyond their mandated incarceration period. Beginning October 1, 2020, the process will be as follows:

  1. For people in county jail who are within two years of their release, jail staff will send relevant documents to CDCR, including court judgements, plea agreements, charging documents and probation reports.
    • In order to be eligible to receive PPC, the individual must:
      • Have been sentenced on or before July 5, 2020;
      • Have less than two years remaining on their sentence;
      • Not be sentenced to life without the possibility of parole or condemned; and
      • Have not received a serious rules violation report between March 1, 2020 and July 5, 2020.
    • Jail staff will also send CDCR written verification when an individual has received a serious rules violation between March 1, 2020 and July 5, 2020.
      • Serious rules violations include but are not limited to murder, rape, battery, assault, arson, escape, possession/distribution of contraband, possession of a cellphone, and gang activity. Details of such offenses can be found in Title 15.
  2. Once the documents have been received, CDCR will update its records, assign a CDCR identification number to the individual, and calculate their release date. The release date will be sent to the county jail to be provided to the individual.
  3. If the calculated release date is within 7 to 14 days, CDCR will provide a release memo to the county jail with the release date and instructions to report to the nearest Parole Unit for processing of release plans and to determine the application supervision entity-State Parole or Post Release Community Supervision.
  4. For those individuals whose documents have already been sent to CDCR, Case Records Services staff will contact jails directly regarding people who are within two years of release, requesting verification of any serious rules violation between March 1, 2020 and July 5, 2020.

Contact Criminal Defense Attorney Wallin & Klarich Today

If you or a loved one need assistance navigating through any of the new California Department of Corrections and Rehabilitation guidelines enacted since the start of the covid-19 pandemic contact Wallin & Klarich today. Our experienced attorneys can help you navigate through this confusing time and help ensure you or your loved one is not exposed to the deadly virus unnecessarily–and in the best cases secure and early release from CDCR custody.

With over 40 years of experience serving Southern California, there is a Wallin & Klarich office near you. We have locations in Orange County, Los Angeles County, Riverside County, San Bernardino County, and San Diego County.

Contact our offices today at (877) 4-NO-JAIL or (714) 587-4279 for a free, no-obligation phone consultation. We will be there when you call.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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