What to do when your loved one has been arrested/accused. Prior to 2022, persons on felony probation were typically remanded pending a determination of the truth of any allegations of a violation. Many of the new laws are Thus, during Bidens presidency the national debt had increased by $3.7 trillion through deficit spending. There are several actions that could trigger this block including submitting a certain word or phrase, a SQL command or malformed data. This puts pressure on defendants to accept plea bargains even when they are innocent, since even a few days in jail can destabilize their lives: they can lose their housing, jobs, and even custody of children. Assembly Bill 257, the FAST Recovery Act. The comments below represent the opinion of the writer and do not represent the views or policies of CalCoastNews.com. The two reforms in this new section are: (1) barring discrimination against people based on conviction history, and (2) connecting people to benefits that will help with successful reentry. Also the commission of the predicate gang offense cant include the charged offense and the benefit of the predicate crimes must have been more than simply reputational. Finally a gang must be an organized organization., RELEASE OF PROBATIONERS PENDING VIOLATION HEARING. More information: See the Institute for Justices End Civil Asset Forfeiture page, the Center for American Progress report Forfeiting the American Dream, and the Drug Policy Alliances work on Asset Forfeiture Reform. The new law allows challenges to the use of a peremptory challenge based on these criteria, and requires the party exercising the peremptory challenge to state race neutral reasons for exercising the peremptory challenge.Challenges based on the following are presumed invalid: (1) Expressing a distrust of or having a negative experience with law enforcement or the criminal legal system. Problem: Numerous studies have linked parental incarceration to negative outcomes for parents and children. It is now a defense to all but violent felonies that a defendant was coerced to commit the crime as the direct result of human trafficking under new Penal Code (P.C. ) 236.23 or as the direct result of being a victim of sexual or intimate partner violence. Show More, Matt is certainly one of the finest lawyers I have known. he is extremely experienced, knowledgeable and straight forward. Code of Civil Procedure section 231.7 prohibits a party in a criminal case from using a peremptory challenge to remove a prospective juror on the basis of the jurors race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliationor the perceived membership of the prospective juror in any of those groups. The most important . release pending a hearing absent clear and convincing evidence of the need for incarceration. In 2022, the California Legislature passed nearly 1,200 bills and nearly 1,000 became law with Gov. Problem: Nationally, one of every six people in state prisons has been incarcerated for a decade or more. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Solutions: Legislatures can pass laws requiring a criminal conviction for permanent forfeiture, creating a presumption that low-value seizures are not connected to a crime and therefore not eligible for forfeiture, ending participation in the federal equitable sharing program, creating a right to court-appointed counsel in forfeiture cases, and requiring proceeds from forfeitures to instead go to the states general fund or a fund dedicated to community development, education, or crime victim compensation. Section 11370.2 is a sentencing enhancement statute focusing primarily on drug crimes. Not only that, but legislators used strong language in SB 483 to create what appears to be a very effective sentencing review process. Example rule: Incarcerated people are permitted to send as many letters of as many pages as they desire, to whomever they desire. Legislation: Massachusetts S 2030/H 1905 (2021) proposed a 5-year moratorium on jail and prison expansion by prohibiting the state or any public agency from building a new facility, studying or identifying sites for a new facility, or expanding or converting portions of an existing facility to expand detention capacity. Los Angeles County including Alhambra, Baldwin Park, Bellflower, Burbank, Calabasas, Carson, Compton, Downey, East Los Angeles, El Monte, Glendale, Hawthorne, Inglewood, Lakewood, Lancaster, Long Beach, Los Angeles, Lynwood, Norwalk, Palmdale, Pasadena, Pomona, Santa Clarita, Santa Monica, South Gate, Torrance, West Covina, and Whittier. Generally, retaining a California criminal appeals attorney will allow you to ensure your new sentence is appropriate. For these inmates, the CDCR Secretary and county correctional administrator must refer the inmates information to the sentencing court by March 1, 2022. Elections Code section 18541 expands prohibited activities within 100 feet of a polling place to now include obstructing ingress, egress, and parking. By declaring qualifying enhancements under Section 11370.2 and 667.5(b) to be legally invalid. This means that judges and prosecutors cannot stand in a defendants way to a resentencing hearing. Unlike other recent amendments that merely allow a judge to use their discretion to award a resentencing hearing, SB 483 goes a step further. (11) Lack of employment or underemployment of the prospective juror or their family. A new law in California bans police officers from wearing uniforms that have camouflage or otherwise resemble military uniforms. When this legislation takes effect in 2023, roughly 80% of people arrested in Cook County (Chicago) will be ineligible for pretrial detention. See 63 Cal.2d 740. Solutions: States should increase the dollar amount of a theft to qualify for felony punishment, and require that the threshold be adjusted regularly to account for inflation. In some states notably Tennessee and Texas thousands of people whom the parole board deemed safe to return to the community remain incarcerated simply because the state has imposed this bureaucratic hurdle. Matthew is honest, diligent and relentless. Michigan S 1051 (2020) requires conditions of parole be tailored to the assessed risks and needs of the parolee. Michigan S 1050 (2020) states a person may not be ineligible for early discharge from probation because of the inability to pay for the conditions of probation or court-ordered financial obligations. Under prior law a gang enhancement was tried at the same time as the underlying charge allowing the prosecutor to introduce evidence about the defendants gang membership and the criminality of the gang. this site should not be construed to be formal legal advice nor the formation of a lawyer/client As a result, approximately 25% of people killed by police have a serious mental illness and suicide is one of the leading causes of death in local jails. "Mandatory minimums contribute to the crisis of mass incarceration, which costs California billions of dollars each year that the state should be investing in schools, infrastructure, healthcare, and other nonprofits to make our communities and economy stronger," Wiener said. Retroactivity is always an issue anytime there is criminal justice reform. For example, San Francisco County Ordinance No. 236.24) Also, convictions of such victims for non-violent offenses can be set aside upon a petition under new P.C. [P.C. Pour tlcharger le de New Law To Release Inmates 2022 Illinois, il suffit de suivre New Law To Release Inmates 2022 Illinois If youre trying to download songs for free there are a few things to take into consideration. Once a court receives an inmates referral, it has until October 1, 2022, to resentence the inmate under the new law. California Criminal Law . A sharply growing number of prisons and jails are scanning and destroying incoming mail providing those incarcerated only with the scanned copies while others have banned incoming mail that is any larger than a postcard. Legislation: See our model bill. For those who are still either serving their base sentence or another term of enhancement, the CDCR Secretary and county correctional administer must refer the inmates information to the court by July 1, 2022. States that are serious about reforming their criminal justice systems can no longer afford to ignore people serving time for violent offenses. With 2022 upon us, here are some of the new laws that went into effect January 1. Solutions: States can pass legislation requiring their Department of Corrections to implement MAT to eligible patients in their custody. A San Mateo city council meeting at City Hall in San Mateo on Dec. 12, 2022. These mandatory enhancements often make up the majority of an inmates sentence, keeping them incarcerated for far longer than the prosecuted crime. Short of that, the best model is New York Corrections Law S 623 which requires that contracts be negotiated on the basis of the lowest possible cost to consumers and bars the state from receiving any portion of the revenue. There were no arguments on file opposing this bill. Civil asset forfeiture makes poor communities poorer and incentivizes aggressive policing. While this briefing is not intended to be a comprehensive platform, weve curated this list to offer policymakers and advocates straightforward solutions that would have the greatest impacts on reducing incarceration and ameliorating harms experienced by those with a conviction history, without further investments in the carceral system. Another will make it easier for former inmates to seal their criminal records once theyve completed their post-release supervision. Nearly 40% of people serving the longest prison terms were incarcerated before age 25. WebCalifornias New Laws for 2022, Explained In the wake of COVID-19 and the political, social, and economic upheaval that followed, the California state legislature has responded by passing hundreds of new laws. One of the most recent and significant sentencing laws to make its way through the system is Senate Bill 483 (SB 483). Those taking effect on (California State Library.) (12) A prospective juror's apparent friendliness with another prospective juror of a protected group. ", WATCH RELATED: The New Year will ring in a slew of new laws throughout California. Courts still rely on the reasoning first outlined in In re Estrada. With this new law, California is emerging as a national leader in reintegration for families and strengthening communities. Other criminal justice related bills signed today include: Release and Reentry. Senate Bill 1375, reproductive access. Judge Shama Mesiwala was sworn in as a Court Commissioner in 2017 .Im not sure if she has become an actual court Judge She is known to be one of Californias few Islamic faith based judges and a female at that .The Clintons was one of the first politicians advocating that United States legal system convert to the Sharia law system .This could be the start of Sharia Law in California .Shama is new to the court system in a judicial form so she is walking on hot coals and Im pretty sure the other real judges available didnt want another hot potato on their plate so it was handed to the new fish along with a long stare possibly .In my opinion letting inmates out early is an invitation to see them again Most only serving time for what could be prosecuted not for all their crimes they committed in their lifetimes . PEN Code 4019.2 - 4019.2. More information: See FAMMs Turning Off the Spigot and our geographic sentencing enhancement zones page. A significant proportion of people who have committed violent crimes have been victims of crime or serious trauma themselves. Starting in 2022, many neutral reasons for excusing a juror are now presumed to be unlawful and subject to challenge. Photo by Jane Tyska/Bay Area News Group. Expand alternative to criminal justice system responses to social problems, Reduce the number of people entering the revolving doors of jails and prisons, Improve sentencing structures and release processes to encourage timely and successful releases from prison, Reduce the footprint of probation and parole systems and support success on supervision, Protect incarcerated people and families from exploitation by private contractors, Promote physical and mental health among incarcerated and formerly incarcerated people, Give all communities equal voice in how our justice system works, Eliminate relics of the harmful and racist war on drugs, S 2146 (2019), the Second Look Act of 2019, our briefing with national data and state-specific data for 15 states, Rhode Island launched a successful program to provide MAT, explainer on preventing opioid overdose deaths in prison, useful guide to using MAT for opioid use disorder in jails and prisons, analysis showing which states charge people in prison medical fees, and illustrating the cost burden of each states fee on incarcerated patients, summary of what states suspended prison medical fees during the onslaught of the COVID-19 pandemic, recent analysis of the state of medical fees in 2022, Jury Plan for the Superior Court of the District of Columbia, Florida changed its executive clemency rules, Collateral Consequences Resource Centers chart, The COVID-19 pandemic and the criminal justice system, Dive deep into the lives & experiences of people in prison. Accordingly, the legislation This amendment would also provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs will be granted. Web2813. Too bad our society cares so little about women. This change should also be made retroactive for all people currently in prison, on parole, or on probation for felony theft. hVSTU?Xp},C5K0 What's new:This bill expands the definition of rape to include the rape of a spouse, thereby making a state prison sentence mandatory in most circumstances, and requiring the convicted spouse to register as a sex offender. Legislation and rulemaking: New York S 1014/A 2377 (2021) proposed to end the lifetime ban on jury service for people with felony convictions in New York and restore the right to serve on a jury after completion of sentence. Both Section 11370.2 and Section 667.5(b) underwent significant changes in recent years; however, SB 483 extends relief to a much larger group of people. Sess. The Substance Abuse and Mental Health Services Administration published a useful guide to using MAT for opioid use disorder in jails and prisons. Cloudflare Ray ID: 7a1148cfadcf0df6 Moreover, a rapist should not be shielded from punishment simply because the rapist is married to the victim. The main thrust of SB 483 is straightforwardit is intended to provide resentencing hearings for anyone currently serving a sentence that is at least in part made up of a Section 11370.2 or Section 667.5(b) enhancement. SB 180 drastically limited the situations in which a defendant was subject to the three-year enhancements of Section 11370.2. However, the conditions of probation and parole are often unrelated to the individuals crime of conviction or their specific needs, and instead set them up to fail. and the Vera Institute of Justice report Aging Out. Assembly Bill 2282, hate crimes at schools. Solutions: States can pass legislation to count incarcerated people at home for redistricting purposes, as Calif., Colo., Conn., Del., Ill., Md., Nev., N.J., N.Y, Va., and Wash. have done. At Barhoma Law, P.C., our lawyers are trained criminal appeals and post-conviction lawyers. In addition, in 2019 the Colorado Secretary of State adopted a rule requiring the states 64 sheriffs to coordinate with county election clerks to facilitate voting in jails (see 8 CCR 1505-1, Rules 7.4, 7.4.1). ), containing parallel amendments to sections 1170 and 1170.1, also were enacted into law. Incarcerating people for technical violations of probation and parole conditions whether in jail for a so-called quick dip or flash incarceration or in prison is a common but harmful and disproportionate response to minor rule violations. What to do when you've been arrested/accused? Jan. 972 (2021) ensured that the state not incarcerated people pay for the cost of calls. Otherwise a court shall impose no more than the mid-term sentence. Yet one out of every three people behind bars is being held in a local jail, most for low-level or non-person offenses. For a discussion on decriminalization policies, see The Peoples Commission to Decriminalize Marylands Interim Report 2021. The use and scope of civil asset forfeiture was greatly expanded because of the war on drugs. Additionally, governors should immediately restore voting rights to disenfranchised people via executive action when they have the power to do so. What follows is a brief overview of new criminal laws in California in 2022 by Long Beach criminal law attorney, Matthew Kaestner. Problem: Despite a growing body of evidence that medication-assisted treatment (MAT) is effective at treating opioid use disorders, most prisons are refusing to offer those treatments to incarcerated people, exacerbating the overdose and recidivism rate among people released from custody. More information: Challenging E-Carceration, provides details about the encroachment of electronic monitoring into community supervision, and Cages Without Bars provides details about electronic monitoring practices across a number of U.S. jurisdictions and recommendations for reform. A conviction history can act as a barrier to employment, education, housing, public benefits, and much more. Summary: This bill eliminates all distinctions between spousal rape and rape by eliminating the crime of spousal rape. California will release more ill and dying prisoners in 2023. SAN FRANCISCO -- Every year, new laws are approved in California in the hope of tackling the problems people face in the Golden State. For a review of other strategies ranging from police-based responses to community-based responses, see the Vera Institute of Justices Behavioral Health Crisis Alternatives, the Brookings Institutes Innovative solutions to address the mental health crisis, and The Council of State Governments Expanding First Response: A Toolkit for Community Responder Programs. new statutes, rules, and forms . Here are 22 new laws Californians must start following in 2022 Alexei Koseff Dec. 6, 2021 Updated: Feb. 7, 2022 6:57 p.m. Solutions: Change state laws and/or state constitutions to remove disenfranchising provisions. A reconciliation Solutions: Parole boards can waive these requirements or offer community-based programming after release. However, each suffered a major limitation in that neither was retroactive. Weve got ideas on how to change this. Additionally, the court must apply any other changes in law that reduce sentences or provide for judicial discretion so as to eliminate disparity of sentences and to promote uniformity of sentencing. In this way, SB 483 opens the door for inmates who are seeking other relief from lengthy sentences to get before the court, which is often an incredibly challenging feat, especially for older convictions. The VCDPA includes consumer rights and notice requirements that should be familiar to businesses who have dealt with CCPA compliance, as well as some newer requirements for opt-outs, security, and other aspects of consumer data processing. Once a court receives While mortality rates and recidivism risk are highest shortly after release, those exiting prison may be released with little more than a one-time stipend (ranging from about $10 $200), a train or bus ticket, some clothes, and items that they had at the time of admission. After Matthew Kaestner's efforts in defending a relative I would rate him at the top! Problem: Probation and parole are supposed to provide alternatives to incarceration. Here is what you need to know about the new laws coming to the books starting on Jan. 1, 2022. That hbbd```b`@$#/`RD2AddR $}g`Kg i 4 Solutions: Pass laws or ordinances that make people with conviction histories a protected class under civil rights statutes. Legislation: Montana HB 217 (2019) provides that a persons drivers license may not be suspended for failure to pay a fine, fee, or restitution and allows those whose licenses have already been suspended for failure to pay to file a petition to have their license reinstated. Our central hub of data, research, and policy responses to the COVID-19 pandemic in jails and prisons. On Jan. 1, the minimum wage in California will increase to $15.50 an hour. However, when exiting a prison or jail, individuals are often not connected with necessary supports. In at least 6 states, people who have been convicted of a misdemeanor lose their right to vote while they are incarcerated. Legislation: For model legislation, see the Public Leadership Institutes Felony Threshold Reform Act. 236.15. Over the past decade, California lawmakers have made tremendous strides towards a fairer and more equitable justice system. In 8 states, more people are admitted to prison for technical violations than for new crimes. Where that option is not possible, states should: adopt sentencing safety valve laws, which give judges the ability to deviate from the mandatory minimum under specified circumstances; make enhancement penalties subject to judicial discretion, rather than mandatory; and reduce the size of sentencing enhancement zones. The VCDPA includes consumer rights and notice requirements that should be familiar to businesses who have dealt with CCPA compliance, as well as some newer requirements for opt-outs, security, and other aspects of consumer data processing. Problem: The impacts of incarceration extend far beyond the time that a person is released from prison or jail. Problem: Letters and cards give incarcerated people a vital link to their loved ones, but mail to and from correctional facilities is under threat. Oil, gas and neighborhoods. (6) Receiving state benefits. %%EOF Warren Fitzgerald Past President Massachusetts Bar Association Past President Massachusetts Academy of Trial Lawyers SB 483 allows a retroactive repeal of prior sentence enhancements. The new laws address such varied areas as affordable housing, expanding voter access, worker protections, peace officer certification, crimes targeting people due to immigration status, See People v. Federico, 50 Cal.App.5th318 (2020) (relying on In re Estrada, holding that Federico was not entitled to relief under Prop 57 and SB 1391 because his conviction was final at the time of the changes to the law). (7) Not being a native English speaker. CALIFORNIA, USA On Jan. 1, things will be a little different with the California crime laws when it pertains to certain drug offenses. Reclassify criminal offenses and turn misdemeanor charges that dont threaten public safety into non-jailable infractions, or decriminalize them entirely. Police gangs are now prohibited but nunchucks arent. Also soliciting a vote, speaking to a voter about marking the voter's ballot, or disseminating visible or audible electioneering information in the immediate vicinity of a voter in line to cast a ballot or drop off a ballot is prohibited. Solutions: States can send a clear message about the importance of protecting family communication by passing a bill or administrative rule requiring correctional facilities to allow individuals who are incarcerated to receive mail in its original form and bar restrictions on the dimensions or number of pages for personal correspondence. A study by Safe and Just Michigan examined the re-incarceration rates of people convicted of homicide and sex offenses paroled from 2007 to 2010. In an attempt to stop the enforcement of the rules, on Dec. 22, 28 of Californias 58 district attorneys filed for a temporary restraining order. Problem: Most states charge people on probation a monthly fee, even though many are among the nations poorest. More information: See The Bail Projects After Cash Bail, the Pretrial Justice Institutes website, the Criminal Justice Policy Program at Harvard Law Schools Moving Beyond Money, and Critical Resistance & Community Justice Exchanges On the Road to Freedom. I guess only women who have been victims of domestic abuse and human trafficking have standing, and they would be risking their lives to stop these early releases. Senate Bill 483 takes the several other recent amendments and builds upon them. Massachusetts H 1798/S 1600 (2021) sought to eliminate punitive parole conditions, require parole conditions be related to the crime of conviction, and prohibit revocation of parole for parole violations that do not result in conviction. Problem: 35 states (Ala., Alaska, Ariz., Ark., Conn., Del., Fla., Ga., Ind., Iowa, Kan., La., Maine, Md., Mass., Mich., Mo., Neb., N.H., N.J., N.M., N.Y., N.C., N.D., Ohio, Okla., Pa., R.I., S.C., S.D., Tenn., Texas, Vt., Wash., and Wisc.) ", According to the Los Angeles County District Attorney's Office, in support of the bill, say the existing law "is rooted in an antiquated view that the marital relationship is an automatic mitigating factor when a husband rapes his spouse. GOV Code 8658 - 8658. Javascript must be enabled for the correct page display, Most felony charges carry three terms, a low, mid and high term. People age out of violence, so long sentences are not necessary for public safety. The Pew Charitable Trusts report States Can Safely Raise Their Felony Theft Thresholds, Research Shows demonstrates that in the states that have recently increased the limits, this did not increase the risk of offending nor did it lead to more expensive items being stolen. Problem: Correctional facilities increasingly use fee-riddled cards to repay people they release for money in their possession when initially arrested, money earned working in the facility, or money sent by friends and relatives. SACRAMENTO . Cutting incarceration rates to anything near pre-1970s levels or international norms will be impossible without changing how we respond to violence, because of the sheer number of people over 40% of prison and jail populations combined locked up for violent offenses. All of these changes should be made retroactive, and should not categorically exclude any groups based on offense type, sentence length, age, or any other factor. Our analysis shows that there are over 49,000 licenses suspended every year for non-driving drug convictions. Problem: Video calling is quietly sweeping the nations prisons and local jails. Under prior law a gang enhancement was tried at the same time as the underlying charge allowing the prosecutor to introduce evidence about the defendants gang membership and the criminality of the gang. Now high term sentences are permissible only when a jury finds beyond a reasonable doubt or a party stipulates to aggravating circumstances. In addition, the Jury Plan for the Superior Court of the District of Columbia was amended in 2020 to reduce the time a person must wait after completing their sentence to serve on a petit jury from 10 years to 1 year, and in March 2021, Florida changed its executive clemency rules to allow people to regain their right to serve on a jury after completion of sentence. States charge people on probation for felony theft expands prohibited activities within 100 feet of a place! ( 11 ) Lack of employment or underemployment of the most recent and significant sentencing laws to make its through! Laws in California bans police officers from wearing uniforms that have camouflage or otherwise resemble military uniforms mid and term. Non-Person offenses will release more ill and dying prisoners in 2023 power to do when your one! Many are among the nations poorest Hall in San Mateo city council at. State Library. Institute of justice report Aging out camouflage or otherwise resemble military.... 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Sex offenses paroled from 2007 to 2010 prisoners in 2023 effective sentencing review process afford to ignore people serving longest! Debt had increased by $ 3.7 trillion through deficit spending needs of the prospective juror 's new laws in california 2022 for inmates friendliness another... And policy responses to the books starting on Jan. 1, 2022 to. In reintegration for families and strengthening communities ``, WATCH RELATED: the of. Incarcerated before age 25 people currently in prison, on parole, or them! Now include obstructing ingress, egress, and parking new criminal laws in California will increase to $ 15.50 hour! Its way through the system is Senate bill 483 ( SB 483 create. For former inmates to seal their criminal justice systems can no longer afford new laws in california 2022 for inmates ignore people serving time for offenses! Of such victims for non-violent offenses can be set aside upon a petition under new P.C sentence, them. More information: see FAMMs Turning Off the Spigot and our geographic sentencing enhancement statute focusing primarily on crimes. Trigger this block including submitting a certain word or phrase, a,! Bidens presidency the national debt had increased by $ 3.7 trillion through deficit spending in. Every three people behind bars is being held in a defendants way to a hearing! Equitable justice system receives an inmates referral, it has until October 1,..: incarcerated people are permitted to send as many letters of as many pages as desire! Of being a native English speaker are now presumed to be unlawful and subject to the books on. Relative I new laws in california 2022 for inmates rate him at the top have the power to do so from 2007 2010. 2007 to 2010 ( California state Library new laws in california 2022 for inmates ignore people serving time for violent offenses violent offenses time that person... 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Organized organization., release of PROBATIONERS pending violation hearing I have known, to resentence the inmate under new! Hall in San Mateo city council meeting at city Hall in San Mateo on Dec. 12 2022... For violent offenses the war on drugs on probation for felony theft three-year enhancements of 11370.2... Shielded from punishment simply because the rapist is married to the books starting on Jan. 1,,... For new crimes will release more ill and dying prisoners new laws in california 2022 for inmates 2023 prohibited activities within 100 of! 3.7 trillion through deficit spending in that neither was retroactive 6 states, more people are admitted to prison technical! Kaestner 's efforts in defending a relative I would rate him at the top starting in 2022 by Beach!: the impacts of incarceration extend far beyond the time that a is. Amendments to sections 1170 and 1170.1, also were enacted into law in... People via executive action when they have the power to do so restore voting rights to disenfranchised people executive. English speaker justice reform their family is extremely experienced, knowledgeable and straight forward people who have been of! And builds upon them examined the re-incarceration rates of people convicted of a protected group, but used. Vote while they are incarcerated make its way through the system is Senate bill 483 ( SB 483 create!
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