California has opened several new avenues for resentencing. Here are a few:
- SB 775/SB 1437: Allows resentencing for certain people convicted of felony murder
- SB 483: Repeal Ineffective Sentencing Enhancements (RISE) Act of 2021: Authorizes courts to retroactively remove 1-year prison prior and 3-year drug prior enhancements from the sentences of currently or formerly incarcerated people, whether they are still on appeal or their sentence is “final.”
- AB 2942: Expands resentencing recommendation authority to District Attorneys. [1]
- AB 600: Expands resentencing recommendation authority to judges.
- SB 260: Requires parole hearings for people convicted as juveniles by their 25th year of incarceration
- SB 1393: Ends the mandatory requirement that judges add a 5-year sentence enhancement for each prior serious felony on a person’s record, also referred to as a “nickel prior.” While SB 1393 was not retroactive, it is now possible to request a referral for the discretionary resentencing of these enhancements.
If the court agrees to consider resentencing, the process involves several stages, such as the appointment of legal counsel, holding a status conference, the submission of legal briefs, and conducting a hearing. During this process, the psychological report is just one of many factors evaluated by the court or parole board.
Other considerations include the individual’s post-conviction conduct including disciplinary records and rehabilitation efforts, changes in the law that might reduce sentences or allow for judicial discretion in imposing lesser penalties, and overall considerations of justice and fairness, such as new evidence that could undermine the original conviction.
For more information, review the Ella Baker Center for Human Rights’ general resource, Back to Court: A Resentencing Guide for Penal Code 1172.1 and New Sentence Enhancement Laws in California.
*This is a blog post and does not represent legal advice. Always consult with an attorney regarding your case.
[1] Prior to January 2019, only the courts, the Secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, and county correctional administrators had the authority to recommend individuals for resentencing.
