CA AB581

Allows military members serving felony sentences to petition for resentencing if their service-related trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems were not considered as mitigating factors at sentencing.

Removes the January 1, 2015 sentencing date restriction, making the petition available to defendants sentenced before or after that date regardless of when their case became final.

Clarifies that resentencing relief is available whether or not evidence or argument about the military-related condition was presented at trial.

Requires courts to hold a public hearing with at least 15 days' notice to prosecution and defense before determining eligibility for resentencing, with prosecution given opportunity to be heard.

Prohibits resentencing from resulting in a term longer than the original sentence and requires courts to give defendants credit for time already served.