Prop 47–Safe Neighborhoods and School Act, Overview for Orange County

Posted on: November 13th, 2014 by Daniel Grupenhagen No Comments

PROPOSITION 47 PROCESS FLOW

OVERVIEW:
Proposition 47 is in effect!  The Court will establish a single Proposition 47 resentencing calendar in Department C-47, located in the Central Justice Center. Petitions in C-47 will be calendared at 2:00 p.m. daily. This department will address all petitions to have felony violation(s) designated as misdemeanors (for active adjudicated cases as defined below), and petitions for resentencing. The exception is petitions for defendants who are actively participating in a collaborative court program. Those petitions will be heard by the collaborative court judge and will be calendared at 8:30 a.m.
All requests for resentencing or to have felony violation(s) designated as misdemeanors shall be initiated by the filing of a Petition. The Court has created the Petition form attached hereto for this purpose. The Petition may be filed at any justice center but will be calendared for the appropriate department (C-47 or the collaborative courtroom) for review or hearing per the processes described below. The Petition (court local form) and Instruction Sheet will be posted to the Court’s public website. Amendments of an unadjudicated eligible felony to a misdemeanor will be addressed by the felony court where the case is pending. Amendments may be initiated orally and will be handled by interlineation, unless otherwise ordered by the Court.

PROCESS FOR CLOSED ADJUDICATED CASES-

For purposes of this process flow only, are cases where the defendant has been convicted of a qualifying felony, and is no longer under any form of supervision or custodial commitment.
The Petition shall be filed with proof of service to the prosecuting agency (District Attorney’s Office).
1.  The District Attorney’s Office has 45 days to file a response. If no response is filed within 45 days, the Petition is deemed unopposed.
2.  Once a response is received or after 45 days, the case will be sent to C-47 chambers for review.
3.  The clerk will send notice of the Court’s order to defendant or his/her attorney, and the prosecuting agency.
4.  If the petition is denied, the defendant may subsequently request a hearing. If requested, the case will be calendared in C-47 and the clerk will send notice of hearing to defendant or his/her attorney, and the prosecuting agency.

PROCESS FOR ACTIVE ADJUDICATED CASES-

Active adjudicated cases, for purposes of this procedure process flow only, are cases where the defendant has been convicted of a qualifying felony, and is currently serving a custodial commitment and/or some sort of supervision or program participation, i.e. formal or informal probation, PC 1210, PC1000, mandatory supervision, post-release community supervision, parole supervision, collaborate court participation.
Proposition 47 Petitions for the following active-adjudicated cases shall be heard and decided only in C-47:
1.  Petitions on probation, mandatory supervision, PCS or parole cases, not currently on calendar in any courtroom;
2.  Petitions for probation violation or parole revocation cases currently pending in C-58 or CJ-1. (If a hearing is set in C-58 or CJ-1 before the scheduled C-47 court date, the C-58 and CJ-1 dates will remain on calendar. C-58 and CJ-1 will not address the resentencing Petition.);
3.  PC 1210 cases currently pending in C-60. (If a hearing is set in C-60 before the scheduled C-47 court date, the C-60 date will remain on calendar. C-60 will not address the resentencing Petition.);
4.  PC1000 cases currently pending in the justice center felony arraignment courtrooms. (For purposes of Proposition 47, Petitions on PC 1000 cases will be calendared in the C-47 resentencing court.).
Proposition 47 Petition process flow for active adjudicated cases is as follows:
5.  Petition shall be filed with proof of service to the prosecuting agency (District Attorney’s Office).
6.  If the defendant is in-custody, the clerk will set a hearing in C-47, or before the collaborative court judge, 15 days out (or soon thereafter) from the filing date. Note: Counsel is responsible for processing the appropriate paperwork (removal order) for the defendant’s presence at the hearing.
7.  If defendant is out-of-custody, the clerk will set a hearing in C-47, or before the collaborative court judge, at least 45 days out from the filing date. The clerk will send notice of hearing to defendant or his/her attorney, prosecuting agency and supervising agency.
8.  Two days prior the hearing, the supervising agency is to file a status report with the court that includes status on fees, fines, restitution paid & pending, custody time served, etc.
9.  At the hearing, the Court will address all aspects of the Petition.
PROCESS FOR PENDING UNADJUDICATED CASES-
Pending unadjudicated cases will be handled by the felony court where the case is pending.
1.  Amendments of an unadjudicated eligible felony to a misdemeanor may be initiated orally;
2.  Amendment by interlineation is sufficient, unless otherwise ordered by the court;
3.  The felony court will handle arraignment on the new pleading, bail/release requests based upon the amended pleading, case settlement if applicable, future dates, etc.;
4.  If case does not settle in the felony arraignment courtroom, the now misdemeanor case will follow the established misdemeanor case packaging rules and procedures.

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