AB 1245: Resentencing.

Existing law authorizes, when a defendant has been committed to the state prison or to a county jail for the commission of a felony, the court to recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if the defendant had not previously been sentenced if doing so is in the interest of justice. Existing law authorizes a defendant to be resentenced pursuant to these provisions upon the courts own motion within 120 days of the date of commitment, or upon the recommendation of specified individuals, including, among others, the district attorney of the county in which the defendant was sentenced.

This bill would additionally authorize a petition for recall and resentencing by a defendant who has served at least 15 years of their sentence and has at least 24 months of their sentence remaining.

The bill would also establish procedural requirements for resentencing a defendant pursuant to these provisions including by, among other things, requiring a petition for resentencing to be filed with the presiding judge of the superior court in which the defendant was originally sentenced, requiring the presiding judge, or a judge appointed by the presiding judge, to act on the petition within 90 days of the petition having been filed, and requiring the court to specify the reason for its judgment on the petition. The bill would, if a petition for recall and resentencing is filed by the Secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, a county correctional administrator, or the district attorney of the county in which the defendant was sentenced, and the petition is based on a defendants exceptional rehabilitation while imprisoned, require the court to appoint counsel for the defendant and hold a hearing on the petition and would prohibit the court from denying the petition to recall and resentence the defendant unless there is evidence beyond a reasonable doubt that the defendant is likely to commit a future violent crime. To the extent this bill would require local public defenders to provide a higher level of service, this bill would impose a state-mandated local program.

The bill would, upon appropriation by the Legislature, allocate savings accrued as a result of resentencing a defendant pursuant to these provisions who was sentenced to imprisonment in the state prison to the district attorney of the county in which the resentencing occurred, to the superior court in the county in which the resentencing occurred, and, in certain instances, to the public defender of the county in which the resentencing occurred.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.