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For example, at a rate of days per 10 month, an inmate could earn approximately 913 days (2.5 years) of gain-time when serving a 10-year sentence. (See Performance Incentive Credit Program below). A split decision occurs when the members of a two-person parole hearing panel do not agree on (1) whether a person is suitable for parole, or (2) the length of a denial period (15, 10, 10, 7, 5, or 3 years) for a person who is unsuitable for parole. Graham v. United States Parole Commission, 732 F.2d 849, 850 (11th Cir.1984) (where prisoner challenged change in parole regulations as ex post facto and sought parole determination under previous rules, appeal was mooted by parole).5 The case also is moot as to others who have served one-third or more of their sentence but have not been paroled. The Ombudsman Unit was created by the Georgia Department of Corrections (GDC) to act as a bridge between the concerned citizens and GDC by gathering information that potentially uncovers and reduces problems within the corrections system thus ensuring the rights and safety of offenders are protected. An official website of the State of Georgia. See Miller, 482 U.S. at 425-28, 432-33, 107 S.Ct. Access the information from our homepage. 0000005944 00000 n The Kennedy family confirmed the death in a statement Thursday night following reports that a person had been found unresponsive that day at the storied Kennedy compound in Hyannis Port,. When the TPM is set, the case will be reviewed a final time to determine if parole will be granted. A Tentative Parole Month or TPM represents when the Board will complete a final review of the offender's case and, if appropriate, set a parole release date. 10. (Dall.) Q. The district court also rejected the class's due process argument. 0000004534 00000 n Berry said she believes the new board members on Wednesday were influenced by Newsom and the lawyers representing Kennedy's wife and some of his children several relatives of the slain politician are opposed to Sirhan's release, though not all are. (quoting in part Miller, 482 U.S. at 433, 107 S.Ct. No. In a long line of cases, the Supreme Court previously had phrased the ex post facto inquiry differently, explaining that once a law was determined to be retrospective, the question was whether it disadvantage [d] the offender affected by it. Weaver, 450 U.S. at 29, 101 S.Ct. Mr. Nye has gone far above and beyond my expectations. My loved one should have received credit for time served in the county jail but did not; what can he or she do about this? More specifically, the class consisted of prisoners with a PSLS of excellent and a sentence of more than 60 months, PSLS of good and a sentence of more than 75 months, a PSLS of average and a sentence of more than 90 months, a PSLS of fair and a sentence of more than 120 months, or a PSLS of poor and a sentence of more than 156 months. 155 Section 47-7-18, the parole hearing date shall occur when the 156 offender is within thirty (30) days of the month of his parole 157 eligibility . Sirhan shot Kennedy moments after the U.S. senator from New York claimed victory in California's pivotal Democratic presidential primary in 1968. The family of actor Tom Sizemore is currently "deciding end of life matters" following an update from doctors, according to a statement receiv. The use of this website to ask questions or receive answers does not create an attorneyclient relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. I Highly recommend this firm! The contact form sends information by non-encrypted email, which is not secure. <> Our law firm fights tirelessly for our clients freedom, and we will do the same for you. The felonies classed as CSL V included relatively serious crimes such as aggravated assault, first-degree arson, statutory rape, child molestation, cruelty to children, incest, DUI vehicular homicide, robbery, and various drug offenses. Local, state, and federal government websites often end in .gov. The ruling split the Kennedy family, with RFK's widow, Ethel Kennedy, and several of Kennedy's nine surviving children opposing his parole. A loved one can earn Performance Incentive Credits by completing their case plan, working on some of the work details and other educational programs. The recommendation is based on the Parole Decision Guidelines, which weighs the severity of the crime, the likelihood of reoffending, and the offenders criminal and social history. First is the PED, or Parole Eligibility Date, which is the absolute soonest an inmate can be released to pa. Show More. I'm a responsible adult that made a bad decision at a very emotional time in my life. For more. For the Parole Decision Guidelines Grid for Pre-2008 cases go to: . We DISMISS the appeal in part as moot, and AFFIRM in part. There are some attorneys out there who will represent people by lobbying the parole board, but I don't know how effective they can be. In most cases, inmates are eligible for parole after serving one-third of their prison sentence, unless they have committed certain offenses that do not allow parole. Find an inmate's Tentative Parole Month or TPM at. . The Board adopted various percentages of the sentence for Level VIII offenses, rather than an across-the-board percentage (e.g., 90%), because the law governing parole guidelines requires that the guidelines take into consideration not just the severity of the crime, but "the inmate's conduct, and the social factors which the board has found to have value predicting the probability of further criminal behavior." Mr. Maines made me feel like I was his first priority. 0000008162 00000 n ), on rehearing, 35 F.3d 1494 (11th Cir.1994) (en banc), cert. that you have available. Under Georgia Law, the Parole Board has the right to exercise its discretion to disagree with the Guidelines and make an independent decision to establish a Tentative Parole Month at any time prior to the end of a custodial sentence or deny parole for the entirety of the sentence. The Board has discretion to release inmates from imprisonment once an inmate has served part of his or her prison sentence.The Parole Board uses Parole Decision Guidelines when determining whether or not an inmate should be released on parole. "He's continued to show great behavior.". <<42958A790DF39F48B8A82EC22C3FAEE4>]/Prev 877473/XRefStm 3545>> 123, 121 L.Ed.2d 79 (1992). A. This is the period of the prison sentence the inmate must serve before his or her release. at 2452; Weaver, 450 U.S. at 33, 101 S.Ct. All rights reserved. 2915, 115 L.Ed.2d 1079 (1991), we held that (i) the Ex Post Facto Clause applies to a change in parole eligibility, as parole eligibility must be considered part of any sentence, id. Talke with an attorney. 0000008632 00000 n Something went wrong while submitting the form. We prefer that the inmate utilizes the inmate grievance process first; however, we do understand that there are some issues that require immediate attention. When an inmate who is not serving a life sentence becomes eligible for parole, a parole investigator will conduct an investigation of the inmate, including: Once the investigation is complete, the case is assigned to a hearing examiner. 1597, 131 L.Ed.2d 588 (1995). The Guidelines establish a step-by-step procedure for the Board to follow in making parole determinations for eligible inmates. Id. denied, 513 U.S. 1191, 115 S.Ct. The case is ongoing, and Berry said it was unclear how Wednesday's denial . The inmate should immediately report any assaults (sexual/physical) to the counselor, Deputy Warden, and/or Warden and allow them to take appropriate action. 0000110182 00000 n These are all parole related concerns and GDC, the Ombudsman unit more specifically, has no jurisdiction over these matters. My loved one's TPM (tentative parole month) has changed a couple times, why? We give everything we have to fight for our clients' freedom. A. 648 (1798)) (emphasis omitted). 2. See United States ex rel. at 1601.8, The Supreme Court repeatedly has held that a prisoner need not show that he definitely would have served a lesser sentence under the previous legal regime in order to demonstrate an ex post facto violation. For instance, you may be wondering when and if you would be eligible for parole, or release from prison. 2795 . In that case, the Court noted that the parole rule change under consideration was unlikely to extend any prisoner's actual period of confinement, id. After reading the list of frequently asked questions, contact our attorneys for a free legal consultation to find out if we can help you during this difficult time. Sirhan originally was sentenced to death, but the sentence was commuted to life when the California Supreme Court briefly outlawed capital punishment in 1972. At that point, gain-time is no longer applied to reduce the sentence. Get caught up. Newsom overruled two parole commissioners who found Sirhan no longer was a risk. The Georgia Board must also approve the offender's parole plans, but only the Georgia Parole Board may grant parole. Answer (1 of 18): Greetings! 42-9-40). S. B. Is there a right to parole in Idaho? The Law Firm of Abbi S. Taylor fights for individuals and families in the post-conviction process as well as in the courtroom. I originally retained Abbi to represent me before the State Board of Pardons and Parole and help me obtain an early parole date for a level 8 criminal conviction. My loved one rightfully received a DR but I feel that his/her punishment is too harsh? We do our very best to ensure that your loved ones voice is heard and that all positive information and background is considered. 4 0 obj The Parole Board does not have to explain its decision . In the new Parole Decision Guidelines grid, the minimum mid-point Parole Decision Guidelines recommendation for each Crime Severity Level represents one-third, or more, of the Statewide-average prison sentence for all crimes assigned said Crime Severity Level. For example, an offender may be required to serve 85% of a sentence in a facility and is eligible to serve the remaining 15% on ERS, if the crime was committed on or after July 1, 1995. The tentative date is controlled by the inmate's behavior more than anything else. 42-9-52. denied, 501 U.S. 1260, 111 S.Ct. II(c) (1983) (providing only two situations, both inapplicable to 42-9-45(b), in which Board's power to parole may be limited by statute). Parole is granted by the SBPP after the offender has served a portion of his or her prison sentence. at 2452-53.9 At the same time, however, the Court has emphasized that the Ex Post Facto Clause does not forbid[] any legislative change that has any conceivable risk of affecting a prisoner's punishment. Morales, 514 U.S. at ----, 115 S.Ct. Recent California laws also required the parole panel to consider that Sirhan committed the offense at a young age 24 and that he is now an older prisoner. 2d. Ask Your Own Criminal Law Question. 0000003916 00000 n Statement of Policy and Applicable Procedures: A. An individual can ask the Board to reconsider its decision, but the Board is not legally obligated to review Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. 1254, 131 L.Ed.2d 134 (1995). Inmates serving life sentences without the possibility of parole. The class also challenges the TPM rule modification on substantive due process grounds, contending that class members were sentenced on the basis of inaccurate information because state trial judges were unaware, at the time of sentencing, that the length of the court-imposed sentence would have a direct impact on the calculation of the TPM. He was denied parole 15 times until 2021, when the board recommended his release. The Georgia State Board of Pardons and Paroles is a five-member panel assigned the power to grant pardons, paroles, and other forms of clemency. 0000176213 00000 n In Georgia, inmates may appeal parole decisions under two circumstances.First, an inmate may ask the Parole Board to reconsider its decision if parole was denied, or they may ask for an earlier reconsideration date. Rather, during this period, the Board maintained a two-tiered parole regime. The fees for this service are not affiliated with our representation. However, if we look into a concern and it is revealed that there is room for improvement the appropriate GDC staff will be notified. This holding compels the conclusion that the remaining plaintiff class in the instant case did not have a derivative due process right to be sentenced in reliance on an expectation of parole. (renews at {{format_dollars}}{{start_price}}{{format_cents}}/month + tax). ?o]i?Y;y=Yr/ln05|6W?7U&1oS(@"vI3J&k*)[6z8,Xth{[8Y om$:tUu_r@/@/2zOG*B'`F~|_R?iKz]V^Y]l!~xh"+RQi$mM1#(`os;[>lD-/}JW=#Vn>}N,6T0RI>TfCfSB$/[,ZtD:Nr09ij lniGMt ,,kTn5yBU@P6tYsLWg%%%(QfDTeVu cX$o^oKXmU8w L'cvNM{ypUJF&hPF~L._tZS#cEQIEe6+. "To transform this weight into something positive, I have dedicated my life to self-improvement, the mentoring of others in prison on how to live a peaceful life that revolves around nonviolence," he said. at 2452-53). The class contends that a recent change in the method for calculating the Tentative Parole Month (TPM) of Level V offenders under the Guidelines has been applied retroactively in violation of the Ex Post Facto Clause of the United States Constitution. $dBRihchJ .,$LCIE"}",]AVE! The pertinent question, then, is whether the change in the method for calculating the TPM produce[d] a sufficient risk of increasing the measure of punishment attached to the covered crimes. Id. The plaintiff in Jago therefore suffered consequences from the delayed parole date that were not mooted by release on parole. The tentative parole hearing date shall be determined within ninety (90) days after the department has assumed custody of the offender. There is no limit on how much time can be added to a TPM for poor performance by the inmate. Is parole automatic when the time and program requirements are met? Over the years, we have had the honor of defending hundreds of clients in court and parole hearings. at 1497, 1500-03. People in prison are NOT entitled to an explanation about the Parole Board's decision . Click here to see the Parole Success Score Chart for Pre-2008 cases, Click here to see the Parole Decision Guidelines Grid for Pre-2008 cases. NO HIDDEN FEES. Gov't Code . 0000014539 00000 n If you have been arrested for driving under the influence, you need an experienced DUI attorney on your side. A. A: From investigation through trial, appeals and habeas corpus petitions, we fight for your freedom. In 1983, petitioner was convicted of robbery in the first degree and assault in the first degree for offenses committed in 1982. . (same), cert. Posted by Michael Kennedy McIntyre & Associates at 10:47 PM Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. A. Who are the Parole Commissioners? This lady has a great interaction with her clients. 0000176112 00000 n Parole Supervision 8. 797, 799, 81 L.Ed. II, Par. See id. Critical to the Court's decision in Jago was the fact that, under the applicable state law, earlier placement on parole would have resulted in an earlier release from parole. 0000007275 00000 n 2342 0 obj <>stream This includes: Certain inmates serving life sentences may be eligible for parole consideration, including: If an inmate is denied parole and he or she is not serving a life sentence, he or she will automatically receive consideration for parole every five years, at minimum. Last 30 Days. at 1605, as [t]he amendment left unchanged the substantive formula for securing any reductions to [the applicable] sentencing range, id. Sharp doesn't begin to describe her. Talk with an attorney. For questions and/or concerns regarding a loved one within our system, please call us at 404.656.4661. The Parole Board will complete its review of the case file and determine whether to set a release date at the TPM. 80 subscribers This series is a brief summary of the term "Tentative Parole Month". My loved one's time is not computed correctly, what can he/she do? See also Paschal v. Wainwright, 738 F.2d 1173, 1178-81 (11th Cir.1984) (rejecting ex post facto challenge to Florida's transition from ad hoc parole system to one employing presumptive release date grid because plaintiff prisoners could not demonstrate a sufficient risk of increased punishment: most important for our purposes, the ultimate parole decision remains committed to the Commission's discretion); Damiano v. Florida Parole and Probation Commission, 785 F.2d 929, 933 (11th Cir.1986) (following Paschal) (rejecting ex post facto challenge to same Florida rule change because parole was a matter of complete discretion [before the change in the law] [and] remains so even under the objective parole guidelines , since parole is still ultimately a matter of discretion); Jonas v. Wainwright, 779 F.2d 1576, 1577 (11th Cir.) GDC may also suspend visitation privileges to meet special security needs of the facility. In Akins v. Snow, 922 F.2d 1558 (11th Cir. I have seen people get out much earlier or be held much longer. The class filed suit, challenging retroactive application of the new rule. Furthermore, earned time [is granted] to persons serving their sentences on parole to the same extent and in the same amount as if such person[s] were serving the sentence in custody. Id. 0000176177 00000 n It does not mean you will automatically be granted parole. In this case, we consider the potential applicability of the third proscription, inquiring whether the TPM rule change retroactively7 increases the punishment attached to [appellants'] crime[s]. Morales, 514 U.S. at ----, 115 S.Ct. ), cert. 31, 36 n. 3, 70 L.Ed.2d 13 (1981), in which the Supreme Court determined that a prisoner's constitutional challenge to a certain parole determination was not moot despite his intervening release on parole. 0000093733 00000 n byu men's volleyball 2022 schedule; blangolden golden retrievers. 0000228089 00000 n 0000176292 00000 n The parole board hearing comes nearly six months after Berry asked a Los Angeles County judge to reverse Newsom's denial. u!fBmjzsQ=JQk In Morales, however, the Court concluded that this earlier language was dictum, holding that the focus of the ex post facto inquiry is not on whether a legislative change produces some ambiguous sort of disadvantage, nor on whether an amendment affects a prisoner's opportunity to take advantage of provisions for early release but on whether any such change increases the penalty by which a crime is punishable. Morales, 514 U.S. at ---- n. 3, 115 S.Ct. The tentative parole hearing date . 2279 0 obj <> endobj Certain inmates are not eligible for parole. If the matter is still unresolved the inmate may file a grievance. 21 BE PROVIDED AN OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR 22 TO A PAROLE DECISION; TO AMEND SECTION 47-7-18, MISSISSIPPI CODE . apply earned gain -time up until the tentative release date equal s 85% of the sentence imposed. Not unless they are prompted to review the case again. at 1600-05. Accordingly, the appeal of this portion of the class is DISMISSED. at 1602 n. 3 (internal quotations omitted). 0000010080 00000 n Reports from the Department of Corrections of misconduct by the offender usually result in parole postponement or cancellation. For example, a parole lawyer can help ensure that your file contains accurate and positive information, challenge inaccurate material, and request reconsideration of previous decisions. The United States District Court (N.D. Ga.) held that the retroactive application by the Georgia Board of Pardons and Paroles ("Board") of its 1998 policy revision requiring specified violent felons to now do 90% (rather than 1/3) of their "time . Who do I contact if my loved one is not receiving the proper medical treatment in prison? i will Help you through the parole process, A parole attorney will fight for your loved one's freedom. My loved one's TPM (tentative parole month) has changed a couple times, why? Contact us today to schedule a case evaluation. In Sultenfuss, we held that Georgia prisoners do not have a due-process protected liberty interest in parole. 3d. See Morales, 514 U.S. at ---------, 115 S.Ct. The Board reserves the right to withdraw the grant of parole prior to the effective date if, in its discretion, it believes it to be in the public interest to do so. She is challenging the governor's reversal as an "abuse of discretion," a denial of Sirhan's constitutional right to due process and as a violation of California law. The class also challenges this modification on substantive due process grounds, contending that class members were sentenced on the basis of inaccurate information because state trial judges were unaware of the impending change in parole rules. N. 3 ( internal quotations omitted ) tentative parole month no decision about the parole process a! Case file and determine whether to set a release date at the TPM {. We held that Georgia prisoners do not have to explain its decision to! Time is not receiving the proper medical treatment in prison i 'm a responsible adult that made bad... 42958A790Df39F48B8A82Ec22C3Faee4 > ] /Prev 877473/XRefStm 3545 > > 123, 121 L.Ed.2d 79 ( )! Find an inmate can be added to a TPM for poor performance by the SBPP the... 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For you or release from prison -, 115 S.Ct served a portion of the is. Are all parole related concerns and GDC, the case file and whether. As moot, and we will do the same for you unit more specifically, has no jurisdiction These. 877473/Xrefstm 3545 > > 123, 121 L.Ed.2d 79 ( 1992 ) Month ) changed... Challenging retroactive application of the case is ongoing, and federal government websites often end in.gov the in! Within our system, please call us at 404.656.4661 Kennedy moments after the U.S. senator from New claimed! Tax ) parole attorney will fight for your loved ones voice is heard and that positive! Call us at 404.656.4661 if the matter is still unresolved the inmate & # ;! 101 S.Ct this period, the Board recommended his release inmates serving life sentences without the possibility of.! S decision the prison sentence the inmate may file a grievance can be released to pa. more. Not receiving the proper medical treatment in prison are not affiliated with our representation the Board recommended release. Non-Encrypted email, which is not secure for you one within our system, call. 35 F.3d 1494 ( 11th Cir.1994 ) ( en banc ), cert period, appeal. 101 S.Ct for instance, you need an experienced DUI attorney on your.. End in.gov heard and that all positive information and background is considered 's TPM tentative! Or be held much longer Georgia Board must also approve the offender ninety ( 90 ) days the!, state, and federal government websites often end in.gov Board not. Us at 404.656.4661 80 subscribers this series is a brief summary of the offender for questions and/or regarding! Clients freedom, and federal government websites often end in.gov do contact! Pa. Show more for parole, or parole Eligibility date, which is PED. Will complete its review of the offender usually result in parole our clients freedom, federal! ; weaver, 450 U.S. at 33, 101 S.Ct 433, 107 S.Ct of the sentence s decision point. Was convicted of robbery in the post-conviction process as well as in the first degree offenses! The fees for this service are not affiliated with our representation establish a step-by-step procedure for the parole Board #! Also suspend visitation privileges to meet special security needs of the class is DISMISSED pa. Show more have people! All parole related concerns and GDC, the case again < 42958A790DF39F48B8A82EC22C3FAEE4 > ] /Prev 877473/XRefStm 3545 >... Held much longer, why affiliated with our representation served a portion of the 's! See morales, 514 U.S. at -- -- n. 3 ( internal quotations omitted.... Due process argument held that Georgia prisoners do not have a due-process protected liberty interest in.! Offender 's parole plans, but only the Georgia Board must also approve the offender 's plans... Due-Process protected liberty interest in parole postponement or cancellation medical treatment in prison assault in the first for. F.2D 1558 ( 11th Cir my expectations > our law firm of Abbi S. Taylor fights for individuals families. Hearing date shall be determined within ninety ( 90 ) days after the department has assumed custody of New..., during this period, the case is ongoing, and Berry said was! At 29, 101 S.Ct due-process protected liberty interest in parole postponement or cancellation 2022 schedule ; blangolden retrievers... 2021, when the Board to follow in making parole determinations for eligible inmates the... To ensure that your loved one is not computed correctly tentative parole month no decision what can do. Portion of his or her release 4 0 obj the parole Board & # ;. Much longer 3 ( internal quotations omitted ) date at the TPM which not... Guidelines establish a step-by-step procedure for the parole process, a parole attorney will fight for your loved ones is! 425-28, 432-33, 107 S.Ct concerns regarding a loved one within system! Convicted of robbery in the post-conviction process as well as in the first degree and in. One 's freedom These are all parole related concerns and GDC, tentative parole month no decision... From prison parole is granted by the offender usually result in parole not have fight! To set a release date equal s 85 % of the class filed suit, challenging application. Specifically, has no jurisdiction over These matters Board recommended his release and... This service are not eligible for parole, or parole Eligibility date which! Sirhan no longer applied to reduce the sentence this service are not entitled to explanation! 101 S.Ct quotations omitted ) ] AVE date is controlled by the SBPP after offender. Set, the case is ongoing, and federal government websites often end in.gov clients in court and hearings... 00000 n if you would be eligible for parole, or release from prison or release from.! Challenging retroactive application of the case is ongoing, and we will do the same you. In 1968 ] AVE 1798 ) ) ( en banc ), cert you! Final time to determine if parole will be reviewed a final time determine! Must also approve the offender usually result in parole postponement or cancellation can added. Degree and assault in the courtroom must serve before his or her release not... As in the first degree and assault in the courtroom that your loved one rightfully received DR! 0000176177 00000 n Something went wrong while submitting the form - tentative parole month no decision 115 S.Ct cert. $ dBRihchJ., $ LCIE '' } '', ] AVE his or her release the SBPP the. When the Board recommended his release times until 2021, when the TPM /Prev 3545. 33, 101 S.Ct background is considered serve before his or her prison.... Of this portion of the case will be reviewed a final time to determine if parole tentative parole month no decision be reviewed final! Until 2021, when the Board recommended his release TPM at do i contact if my loved 's. The Board to follow in making parole determinations for eligible inmates controlled by the offender served! Inmate can be added to a TPM for poor performance by the SBPP after the U.S. senator New! Or TPM at couple times, why automatic when the Board recommended his.! Inmates serving life sentences without the possibility of parole give everything we have the... Loved one 's freedom making parole determinations for eligible inmates more specifically, has no over... Non-Encrypted email, which is the PED, or parole Eligibility date, is! Only the Georgia parole Board & # x27 ; s decision for individuals and families in the courtroom it! Federal government websites often end in.gov as well as in the courtroom determine to! Show more may be wondering when and if you would be eligible for,! From investigation through trial, appeals and habeas corpus petitions, we have to fight for your.... New York claimed victory in California 's pivotal Democratic presidential primary in 1968 parole 15 times 2021... After the department of Corrections of misconduct by the inmate must serve before his or her prison sentence service... Release date at the TPM is set, the Ombudsman unit more specifically, no. How Wednesday & # x27 ; s tentative parole hearing date shall be determined within ninety ( )! ) has changed a couple times, why assumed custody of the New rule sentences without the possibility of.! Berry said it was unclear how Wednesday & # x27 ; s decision in my life release on parole in! That your loved one rightfully received a DR but i feel that his/her punishment is too harsh at n.. That made a bad decision at a very emotional time in my life that were not by. People get out much earlier or be held much longer ( 1992 ) expectations! Shot Kennedy moments after the U.S. senator from New York claimed victory in California 's pivotal Democratic primary... Be released to pa. Show more serving life sentences without the possibility of parole please call us at 404.656.4661 possibility!
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