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2011 Realignment Legislation
- CDCR Realignment Page
- California Courts' Criminal Justice Realignment Resource Center, includes:
- Sample arguments:
- Equal Protection and Change in Presentence Credits. When the Legislature adopted day-for-day presentence custody credits in 2010, it excluded certain defendants. Under the realignment legislation, the Legislature eliminated that exclusion for defendants convicted of crimes committed on or after October 1, 2011. As argued in this sample brief, the Legislature's failure to make the change in law retroactive to all defendants, even those whose crimes were committed prior to October 1, 2011, violated equal protection. (This argument is adapted from ones made by attorneys at the Sixth District Appellate Program.)
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