AB 2483: Postconviction proceedings.

Existing law authorizes a court to resentence a defendant under specified circumstances, including, among others, when the person was convicted of specified crimes that have since been repealed or had their sentences reduced.

This bill would require the presiding judge of each county superior court to, on or before March 1, 2025, convene a meeting to develop a plan for fair and efficient handling of postconviction proceedings, as specified. The bill would require the presiding judge to invite to the meeting, among others, a representative from the district attorney, the public defender, and other entities that the presiding judge deems necessary in order to ensure timely and efficient postconviction proceedings. The bill would require postconviction proceedings, among other things, to include a consideration of whether or not to appoint counsel to represent the defendant and to allow the court to modify every aspect of the defendants sentence, including if it was imposed after a guilty plea, except as specified. By imposing additional duties on county public defenders, this bill would impose a state-mandated local program.

This bill would require, upon request from the defendant, the district attorney of the county in which the defendant was sentenced, or the Attorney General if the Department of Justice originally prosecuted the case, the Department of Corrections and Rehabilitation to provide to the requesting party specified records, including disciplinary records, as specified. The bill would require the department to designate a person for each prison as a point of contact for records, transportation, or inquiries pursuant to these provisions. The bill would require the department to regularly maintain a public directory of each designated person.

Existing law, when a probationary order or a judgment has been pronounced, requires that a copy of that order or judgment be sent to the officer whose duty it is to execute the order or judgment, as specified.

This bill would, when a person has been resentenced and there is a reasonable basis to believe the remaining time in custody is less than 30 days, require that copy to be furnished to the executing officer within 24 hours.

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.