SB 399 Summary

• Allows defendants sentenced to life without parole before age 18 to petition for recall and resentencing after serving at least 15 years, with staggered filing dates from 2011-2014 based on custody entry date.

• Petition must include defendant's statement that at least one of four criteria is true: felony murder/aiding and abetting conviction, no prior juvenile felony adjudications for violent crimes, offense committed with adult codefendant, or evidence of remorse and rehabilitation.

• Court must hold a hearing if it finds petition statements true by preponderance of evidence, and may resentence defendant to 25 years to life rather than the original life without parole sentence.

• Allows subsequent petitions: second petition after 20 years served, and final petition between years 24-25 claiming substantial change in circumstances, with court discretion on whether to hold final hearing.

• Establishes factors court may consider when deciding resentencing, including prior trauma, cognitive limitations, disciplinary record, and family connections.

• Contains retroactive application and incorporates medical hardship provisions allowing early resentencing for terminally ill or permanently medically incapacitated prisoners.