CA AB960

Establishes a compassionate release program allowing courts to recall and resentence incarcerated people with serious and advanced illnesses with end-of-life trajectories or permanent medical incapacitation, with a presumption favoring release unless the person poses an unreasonable risk to public safety.

Expands eligibility criteria for permanent medical incapacitation to include functional impairments preventing basic daily living activities (bathing, eating, dressing, toileting, transferring, ambulation) and progressive end-stage dementia, removing the previous requirement for 24-hour total care.

Requires the Department of Corrections and Rehabilitation to recommend recall and resentencing when medical criteria are met, with the court hearing to occur within 10 days of a positive recommendation and release within 48 hours if approved.

Mandates court-appointed counsel for indigent incarcerated people referred for recall and resentencing, and requires the California Judicial Council to publish annual reports beginning January 1, 2024, tracking referrals, releases, denials, and deaths disaggregated by race, ethnicity, age, and gender identity.

Excludes incarcerated people sentenced to death or life without possibility of parole, and those convicted of first-degree murder of a peace officer killed during performance of duties.