Reviewed on: May 27,2016

What are the eligibility requirements for early release under the NVSS (Non-Violent Second Striker) statute?

My fiance is a 2 striker, was sentence to 11 years having to do 80 or 85% of his sentence. His charges was, Felon in possession of a firearm & gang enhancement charges (hes a d.o.) is he eligible for NVSS

Asked: May 27,2016
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He is probably not eligible for the Non-Violent Second Striker rule because of the gun and gang charges - those are considered violent. But the entire answer to this may be found in the Judgement and Commitment Order signed by the judge that sentenced him. This is the way the statute reads: Inmates whose terms doubled pursuant to Penal Code and who have served 50 percent of their actual sentence, or who are within 12 months of having served 50 percent of their actual sentence are eligible for review for possible release. Inmates are not eligible if they are required to register as sex offenders pursuant to Penal Code based on a current or prior conviction. Inmates are also not eligible if they have a current violent offense pursuant to the Penal Code. In addition, certain inmates will be ineligible based on specified negative institutional behavior. Inmates will be screened for eligibility at their annual unit classification committee review once they have served 50 percent of their actual sentence or are within 12 months of having served 50 percent of their actual sentence, as determined by case records personnel. Inmates may request to review their central file prior to their annual classification committee review, consistent with existing policies and procedures for requesting review of central files. If an inmate is deemed eligible, the inmate will be referred to the board for review for possible release. At the conclusion of the unit classification committee, the chairperson of the classification committee will inform the inmate whether or not he or she has been deemed eligible for referral to the board. If eligible, they will also be informed that they may submit a written statement to the board regarding his or her release, if he or she wishes to do so.
Accepted Answer Date Created: May 28,2016

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