AB 1809: Recall and resentencing.

Existing law requires the Department of Corrections and Rehabilitation to recommend that an incarcerated persons sentence be recalled if the incarcerated person has a serious and advanced illness with an end-of-life trajectory or is permanently medically incapacitated with a medical condition or functional impairment that renders them permanently unable to complete basic activities of daily living, as specified. Existing law exempts an incarcerated person who was convicted of first-degree murder of a peace officer from seeking recall and resentencing under these provisions.

Existing law additionally 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 either reduce a defendants term by modifying the sentence, or vacate the conviction and impose judgment on any necessarily included lesser offense or lesser related offense, and resentence the defendant to a reduced term, as specified.

This bill would additionally prohibit an incarcerated person convicted of first-degree murder of a peace officer from seeking recall and resentencing under the provision permitting the court to recall and resentence a defendant convicted of a felony offense. The bill would specify that an individual would not be rendered ineligible for relief under these provisions if there is evidence that the incarcerated persons constitutional rights were violated in the proceedings related to the conviction or sentence at issue, or if there was evidence that undermines the integrity of the underlying conviction or sentence.