CA SB1209

Requires courts to consider military service-related trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as mitigation factors when sentencing defendants convicted of felonies who are or were military members.

Allows currently incarcerated defendants who are or were military members suffering from service-related trauma or mental health issues to petition for recall of sentence and resentencing without regard to when they were originally sentenced.

Court must hold a public hearing with at least 15 days' notice to prosecution, defense, and victims to determine if petitioner meets criteria, and may reduce the sentence or vacate the conviction and resentence to a lesser offense with appropriate concurrence.

Excludes from resentencing eligibility any person convicted of, or with prior convictions for, violent felonies or sex offenses as specified in Penal Code Section 667 or requiring registration under Penal Code Section 290.

Resentencing credit includes time already served, cannot exceed the original sentence, and applies retroactively to all eligible defendants regardless of sentencing date.