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CA AB1540
Bill
Status
10/8/2021
Primary Sponsor
Philip Ting
Click for details
AI Summary
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Creates new Penal Code Section 1170.03 establishing procedures for sentence recall and resentencing when recommended by the Secretary of the Department of Corrections and Rehabilitation, Board of Parole Hearings, district attorney, or Attorney General.
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Requires courts to provide notice to defendants, set a status conference within 30 days, and appoint counsel when a resentencing request is made by authorized entities; establishes presumption favoring recall and resentencing unless defendant poses unreasonable risk to public safety.
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Allows courts to grant resentencing without hearing if parties stipulate; courts must state reasons for granting or denying resentencing on the record and may consider postconviction factors including rehabilitation, disciplinary record, and circumstances changed since original sentencing.
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Permits courts to reduce sentences, vacate convictions for lesser included offenses (with prosecutor concurrence), and consider trauma, intimate partner violence, human trafficking, and youth status as contributing factors when resentencing.
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Amends Board of Parole Hearings procedures to require sentence recall recommendations be made by panel of at least two commissioners, with only one deputy commissioner allowed.
Legislative Description
Criminal procedure: resentencing.
Last Action
Chaptered by Secretary of State - Chapter 719, Statutes of 2021.
10/8/2021