Is section 213.1214 of the Criminal Code retroactively applied to a convicted rapist?

MultiRegion, United States of America

The following excerpt is from Moor v. Palmer, 603 F.3d 658 (9th Cir. 2010):

Here, section 213.1214 was applied retroactively to Moor. He was convicted in 1994, and the psychological review requirement was revised and applied to him by laws enacted in 1997. His eligibility for parole was clearly impacted by a law passed after he committed his offense. Weaver v. Graham, 450 U.S. 24, 31, 101 S.Ct. 960, 67 L.Ed.2d 17 (1981) (law altering availability of credits for good behavior was retroactive because it "changes the legal consequences of acts completed before its effective date"); Himes v. Thompson, 336 F.3d 848, 854 (9th Cir.2003) ("Parole eligibility affects the length of a prison term and therefore affects the measure of punishment attached to the original crime," and thus new regulations regarding re-release after parole revocation were retroactive because they affected punishment for crimes committed before the regulations were passed).

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