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As a result of the State’s on-going budget crisis, the Legislature has made it clear that only the worst offenders will be allowed to go to state prison.  Penal Code 1170(h) specifically notes that one of the following four conditions must be met in order to an offender to go to prison:

1)    The defendant needs a prior/current felony conviction for one of the crimes listed in 1192.7(c)PC or 667.5(c)PC.

2)    The defendant did a crime listed in 1192.7(c)PC or 667.5(c)PC in another state, but met all of the elements of California law.

3)    The defendant is a sex registrant per 290PC.

4)    The defendant is convicted of an aggravated white-collar crime of fraud pursuant to 186.11PC.

Penal Code 1192.7(c) lists 42 crimes that are eligible for state prison and Penal Code 667.5(c) lists 23 crimes (most of which overlap the other section).  Additionally, there are 59 other crimes that are listed as non-violent, non-serious, and non-sexual crimes that are also eligible for state prision (this is called the exclusion list since they are excluded from the other normal parts of realignment).  For more information, click on the links below:

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