![]() ![]() Inmates no longer must prove that they require 24-hour total care requirement. Now, if an inmate has a serious and advanced disease or medical condition with an “end-of-life trajectory” or is found to be permanently medically incapacitated, they may be eligible for compassionate release. The old law allowed the release of prisoners only if they were diagnosed with a terminal illness likely to result in death within 12 months or if they required 24-hour care. Who Is Eligible for Compassionate Release Under AB 960? Now, inmates with serious and advanced illnesses that have end-of-life trajectories and other serious medical conditions may be eligible for resentencing and compassionate release. In a triumph for incarcerated persons who seek release from prison due to a serious medical condition, California passed Assembly Bill 960, effective September 29, 2022. Call us today at a class=”ibp” title=”Call Spolin Law P.C. We know that you want to be home with your family, and our goal is to help you return to a more normal life. Recently passed California AB 960 gives inmates with serious illnesses and other medical conditions new opportunities for resentencing and compassionate release.ĪB 960 attorney Aaron Spolin and his award-winning legal team are ready to file applications to seek compassionate release for clients. ![]() Eliminating bias and stereotyping is crucial to a fair trial, and defendants have one more protection against the introduction of evidence against them that is unrelated to the underlying facts of the crime. Such testimony must be presented outside the presence of a jury to avoid potential prejudice.Īrtistic expression may, however, sometimes be used as evidence of a defendant’s guilt, but only when the expression was “created near in time to the charged crime or crimes, bears a sufficient level of similarity to the charged crime or crimes, or includes factual detail not otherwise publicly available.”ĪB 2799 is a victory for criminal defendants, especially rap musicians, in that it expressly limits the use of artistic expression to demonstrate the bad character of the defendant or to show that he or she has a propensity to commit violence or engage in crimes. The court is also required to consider the danger of bias against a defendant and must hear testimony (if offered) on the genre of creative expression, including the context of such expression, and on research demonstrating that the introduction of a particular type of expression introduces bias into the proceedings. ![]() While this does not create a presumption that the expression cannot be used, it is significant that the court must start its analysis with the fact that the value of using expression for “literal” truth is minimal. A judge, in determining whether the probative value of the evidence outweighs the “substantial danger of undue prejudice,” must first recognize that the probative value of creative expression for its truth is minimal unless that expression meets specified conditions. ![]() Use of artistic expression against a defendant is not entirely prohibited, but its introduction is limited. The California “Decriminalizing Artistic Expression Act,” AB 2799, amends evidence rules in criminal proceedings and gives judges direction on how to determine whether the “probative value” (whether the evidence establishes a fact relevant to the crime charged) of using artistic expression against the defendant outweighs the risk of prejudice and bias that can arise from the use of artistic expression, such as rap music, to prove that a person is guilty of a crime.Īlthough the Act is not limited to rap music, the motivation for passing the act was the increasing use of rap lyrics against defendant of color, which endorses stereotypes and increases the risk of juror bias against them. Effective September 30, 2022, prosecutors will be limited in their ability to use rap lyrics against criminal defendants to show a propensity for violence or for committing crimes or as character evidence. ![]()
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