In recent years, California has made significant strides in criminal justice reform, particularly around sentencing and resentencing laws. California’s resentencing laws are designed to revisit and potentially reduce sentences for certain categories of convicted individuals. These laws are designed to allow individuals serving sentences to have their cases reviewed under newer legal standards. In recent years, California has taken steps to address sentencing fairness, criminal justice reform, and the impact of mitigating circumstances, such as trauma or mental health, on criminal behavior. By revisiting older cases, the state aims to reduce unduly harsh penalties and correct systemic inequalities. These laws allow for sentence reductions, and, in some cases, even release, particularly for those who may have been sentenced under outdated or overly punitive guidelines.
Key resentencing developments include:
- California Senate Bill 1437 (SB 1437): Enacted in 2018, this bill redefined felony murder and natural and probable consequences doctrines, allowing people who did not personally commit murder to seek resentencing. This change was crucial for individuals who had been sentenced under older, more rigid interpretations of accountability.
- California Assembly Bill 2942 (AB 2942): This 2019 law allows district attorneys to recommend resentencing in cases where the sentence no longer aligns with contemporary justice principles.
- California Assembly Bill 2542 (AB 2542): The California Racial Justice Act, enacted in 2020 under AB 2542, allows individuals to challenge criminal convictions or sentences that may have been influenced by racial bias. The Act makes it unlawful for racial, ethnic, or national origin biases to affect any part of a criminal prosecution or sentencing. This includes both overtly racist actions (like biased statements by court officials) and systemic patterns, such as statistical evidence indicating racial disparities in how cases are charged or penalized. By targeting racial discrimination within the justice system, the Racial Justice Act and its amendments aim to promote greater fairness and accountability in California’s criminal legal proceedings.
- Assembly Bill 1540 (AB 1540): Enacted in 2021, AB 1540 clarified and streamlined the resentencing process under Penal Code section 1170(d)(1). It requires that courts hold a hearing if a resentencing recommendation is made and mandates consideration of the latest laws and sentencing guidelines. This is part of California’s efforts to make resentencing options more accessible and aligned with modern justice perspectives.
- California Assembly Bill 124 (AB 124) and California Senate Bill 81 (SB 81): Passed in 2021, these bills encourage courts to consider mitigating factors such as childhood trauma, victimization, or mental illness, promoting leniency in sentencing for those who faced severe hardship or abuse.
- California Assembly Bill 600 (AB 600): Signed into law in 2023 and effective January 1, 2024, makes it possible for individuals to request resentencing if the laws applicable to their sentencing are amended or repealed after their conviction. This bill allows for a resentencing petition when law changes, such as reductions in mandatory minimums or sentence enhancements, could lead to a shorter sentence than initially imposed. However, the law includes specific limitations to protect public safety.
California Penal Code Section 1172.1 Resentencing Procedures
California Penal Code Section 1172.1 establishes a structure for resentencing that allows for the review and potential reduction of criminal sentences. It mandates courts to examine whether continued incarceration serves justice, allowing for a fair reassessment when the justice system’s priorities or perspectives shift over time.
- Recommendation for Resentencing: District attorneys, Department of Corrections and Rehabilitation, in collaboration with criminal defense attorneys, can recommend a sentence be reduced. The court may also, on its own motion, resentence a defendant. This recommendation is often based on factors like rehabilitation efforts, an individual’s age at the time of the offense, or evolving sentencing standards (e.g., sentences that now would be considered excessive).
- Judicial Discretion and Review: Upon receiving a recommendation, the court can exercise discretion in modifying the sentence. In evaluating the case, the court considers factors such as:
- Evidence of the individual’s rehabilitation and behavior in prison.
- Whether the initial sentencing was disproportionately harsh compared to current standards.
- Any mitigating factors, such as mental illness or trauma, that may not have been adequately considered during the original sentencing.
- Eligibility and Limitations: While Section 1172.1 offers broader opportunities for resentencing, it is not universally applicable to all cases. Generally, those with violent or serious felony convictions may face greater scrutiny, and cases must still meet criteria that justify a reduction without compromising public safety.
- Retroactive Relief: Section 1172.1 allows for retroactive applications in line with other California penal reforms, like the Racial Justice Act and changes to felony murder laws, which have emphasized addressing historical disparities and injustices.
Juvenile Offender Resentencing Under California Penal Code Section 1170(d)(1)
California Penal Code Section 1170(d)(1) plays an essential role in resentencing laws for defendants convicted of a crime before they turned 18 years old. The provision allows courts to revisit past sentences and consider present-day standards, supporting the belief that sentences should be fair and proportionate to both the offense and the individual’s personal growth and change. Originally, this section applied primarily to reduce sentences when a defendant’s circumstances had significantly changed. However, with recent legislative reforms, including AB 2942 and AB 1540, the state has expanded and clarified the conditions under which resentencing under Section 1170(d)(1) may be applied.
To be able to use Penal Code section 1170(d)(1), a person must:
- Have been convicted of a crime that was committed before they turned 18.
- Have received a sentence that is equivalent to life without parole, which means that the person has been sentenced longer than they will likely live.
- Have been incarcerated for at least 15 years.
- No prior juvenile adjudications for serious crimes before the offense.
- The crime must not involve torture, or offenses against law enforcement or firefighters.
- Demonstrate remorse and rehabilitation.
The Path Forward: Legal Support and Advocacy
California’s resentencing laws are complex and evolving, requiring careful legal navigation. Whether you’re a family member of someone who might qualify for resentencing or an individual looking to explore these new legal avenues, working with experienced attorneys is crucial. At the Law Office of Ari S. Lieberman, we are committed to staying updated on California’s latest sentencing reforms to help our clients understand their rights and make informed decisions.
For anyone facing questions about resentencing or wanting to explore a new chapter in their case, we invite you to reach out for a consultation.