CA AB1310

Persons convicted on or before January 1, 2018 of firearm enhancements under Penal Code Sections 12022.5 or 12022.53 are eligible for recall and resentencing.

The Secretary of the Department of Corrections and Rehabilitation must identify incarcerated individuals with these enhancements and provide their information to the sentencing court by March 1, 2024 (for those who have served their base term) and July 1, 2024 (for all others).

Courts must appoint counsel and recall sentences for eligible persons, with resentencing to be completed by October 1, 2024 for those who have served their base term and by December 1, 2025 for all others.

Courts may strike or dismiss enhancements in the interest of justice under Penal Code Section 1385, and resentenced persons receive credit for time served plus one year of parole supervision unless the court releases them from parole.

Persons who have completed their sentences may file applications with the trial court to have enhancement convictions reconsidered, and persons found not guilty by reason of insanity and committed to state hospitals may petition to have their maximum term of commitment reconsidered under the same standards.