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Proposition 57 Resources

Submitted by on September 11, 2017 – 08:30No Comment

Most recent update: September 11, 2017 | 8:30 a.m.

First published November 9, 2016.  Updated as additional documents become available.

This Proposition 57 Resource Center will be seeing many resources added over the next few weeks, so be sure to subscribe to the Defender411 notices for this website if you’d like a notice each time something is posted on the site, including to this resource center.

(Note: You must log in (over on the right side of this page) to view this members-only content (see log-in box on upper right panel of this page) If you have problems logging in, you can email tech support at claratech @ cpda.org   All practice tips and practice samples are on this site but members cannot access them until fully logged in on this site, which you may do by using the login box on the right side of this page.  If you have not renewed your membership, you can do that via this link, or you can call during business hours 1.800.538.4993 x 304 and renew by phone to gain access to this members website.   Note: The Prop. 57 analysis document is available on the front page of this site without logging in, but any sample practice documents and memos related to tips and suggestions, etc. that are written specifically for defenders are not accessible unless you log in (and fully access this resource page).

Editor’s Note: You may contribute documents to this page by using this link:
Dropbox Upload (send) a file to CPDA: https://www.dropbox.com/request/HdhatudTB3J1B66AGsb2
ShareFile Upload (send) a file to CPDA  https://cpda.sharefile.com/share/#/upload/e2b1b119ecb747e2

I. Briefing documents related to Proposition 57

–> the_public_safety_and_rehabilitation_act_of_2016.pdf
–> prop-57-impact-transfer-powerpoint-handout-final5.pdf
–> pjdc-handout-prop-57-effect-transfer-hearings-final5.pdf
–> memo-motion-remand-direct-file-cases-final.pdf
–> prop-57-motion-remand-juvenile-court-direct-file-cases-final.docx
–> proposition-57-analysis-garrick-byers-as-of-nov-9-2016.pdf
–> Prop-57-Training-Laba-3-4-2017.pdf  (see also 2017 New Statutes Seminar self-study video)

II. Practice related samples (send your contributions to cpda@cpda.org as an email attachment if you’d like to share).

A. Contributions from Public Defender Offices & Related Agencies.

–>  Motion to dismiss for lack of jurisdiction; motion to vacate preliminary hearing;motion to transfer case to juvenile court pursuant to proposition 57. Submitted by Pedro A. Oliveros, Deputy Public Defender, Marin County.  jurisdiction-prop-57-3.docx


B.  Practice Samples Contributed from Individual Defense Attorneys.


C.    Misc.

First posted here Friday, February 17, 2017 | 8:36 PM – Updated last: September 11, 2017  8:30 a.m.


Dear Defenders,

Due to the huge changes Prop 57 has made to transfer hearing law and the need for attorneys statewide to get resources to assist them in keeping their young clients in the juvenile system, the Pacific Juvenile Defender Center (PJDC) has drafted a transfer brief template to assist attorneys in the transfer brief process.

[Please find below two download links related to this. One is an instructions memo and the other is a transfer brief template.]

Rourke F. Stacy, Deputy Public Defender, Trainer, Juvenile Division, Los Angeles County

Download Links:
1. File Name:  transfer.brief.template.instructions.august.2017.pdf

Download link: https://cpda.sharefile.com/d-s8411c0fb82148039

2. File Name: transfer.brief.template.updated.august.2017.final.docx

Download link:  https://cpda.sharefile.com/d-se9224ca82314ce28


III. Briefing documents related to Proposition 57 issued by non-defenders (judges, courts, state, etc.).

CDCR Update: Prop 57 Regulations Update 2017 April



IV. Video / Audio Recordings.

Proposition 57 has made significant changes to transfer hearings in juvenile court. (Note, these were previously called “fitness hearings.”) The Pacific Juvenile Defender Center (PJDC) along with the Los Angeles County Public Defender’s office have created a 17 minute video training which will update attorneys on the changes and also potential issues which may arise in transfer hearings post-Prop 57.  In addition, we have provided the text of the initiative, a one-page handout highlighting the changes, and a PDF of the Powerpoint used in the video training.

To access the video please click on this link: https://youtu.be/Vt4274jkmlA


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