Q: Which is a better option: Resentencing, commutation, or wait out the trailer bill with Prop 57?
My husband was recently found suitable for release on parole from BPH. 14 days before his release date Prop 57 went into effect which put a stop and hold to his MEPD credits. They are now holding him another 7 years because of these credits being recalculated and removing RAC credits because of Prop 57. He has a low risk on his psych and was affirmed his grant by the entire parole panel. He has had no 115 or disciplinary write ups. He is a veteran who has been in prison for 13 years, and every single person at the prison expected him to be released. We are willing to go whatever route we need to take. Which is a better option: Resentencing, commutation, or wait out the trailer bill with Prop 57? I've begin putting together a packet of his documents and writing of his CRA, risk analysis assessment, 10 day packet info, etc., for whatever attorney is willing to help us go forward with this so they can have prepared digital copies rather than originals.
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A:
Given your husband's situation, it's crucial to carefully consider the best legal route to pursue his release.
Resentencing may be a viable option if there were errors or changes in the law that could lead to a reduced sentence. This process involves going back to court to argue for a shorter sentence based on new or previously overlooked factors. It's a legal avenue that can potentially result in immediate changes to his sentence length.
Commutation involves petitioning the governor for a reduction in sentence or immediate release. This option can be quicker than waiting for legislative changes but depends on the governor's discretion. Given your husband's positive conduct, low-risk assessment, and veteran status, his case might be compelling for a commutation request.
Waiting out the trailer bill with Prop 57 is uncertain and could lead to an extended stay in prison. Legislative processes can be slow and unpredictable. Considering your husband was already deemed suitable for release and has maintained a good record, pursuing resentencing or commutation might be more proactive and effective strategies.
Consulting with an attorney experienced in these matters can provide more personalized guidance and help navigate these options effectively. Your prepared packet of documents will be invaluable in any legal proceedings you choose to pursue.
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