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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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Old 11-30-2018, 01:23 PM
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Here is the direct link to Prison Laws Penal Code § 1170(d)(1) CDCR Resentencing Recommendations (AB 1812) (September 2018)

I just picked out some of the more interesting sections out of the Prison Laws, information sheet

In June 2018, the Legislature passed and Governor Brown signed Assembly Bill (AB) 1812, which amended Penal Code § 1170(d)(1). The new law took effect immediately.
Penal Code § 1170(d)(1) authorizes a court to recall a sentence and resentence a person to a lesser sentence in two circumstances: (1) on the court’s own motion within 120 days after sentencing, or (2) at any time upon a recommendation from the California Department of Corrections (CDCR) or the Board of Parole Hearings (BPH) (or, for people in county jails, a recommendation from the county correctional administrator). The CDCR’s current regulations about § 1170(d)(1) sentence recall recommendations are in the California Code of Regulations, Title 15, §§ 3076-3076.2 (these have not been modified since AB 1812 took effect). In the past, the CDCR rarely used its authority to recommend sentence recalls.
AB 1812 made changes that may help more people get CDCR recommendations for resentencing and also may help more people actually get resentenced. The text of the new Penal Code § 1170(d)(1) is at the end of this letter. Here is a summary of the changes made by AB 1812:  Perhaps most importantly, AB 1812 grants additional funds to the CDCR to investigate potential cases to refer for recall of sentence.  § 1170(d)(1) now specifically states that courts have authority to recall sentences imposed after plea agreements, as well as sentences imposed after trials.  § 1170(d)(1) was modified to state that courts have authority to recall a sentence and resentence a person if “it is in the interests of justice.” This language could cause the CDCR to expand the scope of the cases for which it recommends recalls of sentences and could encourage courts to grant resentencing in more situations. As in the past, if a court decides to resentence someone, the court must apply the sentencing rules “so as to eliminate disparity of sentences and to promote uniformity of sentencing.”  § 1170(d)(1) was modified to specifically allow courts to consider post-conviction factors when resentencing a person, including (but not limited to) the person’s disciplinary record and record of rehabilitation while incarcerated, evidence of whether age, time served, and diminished physical condition (if any) have reduced the person’s risk for future violence, and evidence that reflects that circumstances have changed since the person’s original sentencing so that continued incarceration is no longer in the interest of justice.
It appears that the CDCR has broad discretion under the new law to decide which sentences to recommend for recall. As of early August 2018, the CDCR says it had made over 300 referrals for recall of sentence and is referring about 40 new cases a week in response to AB 1812. Most of these are cases in which the CDCR believes the sentence imposed by the court was not lawful under the sentencing laws, and a few are cases in which a person demonstrated exceptionally meritorious conduct

Please read the whole handout for more information
You may also find more information on three strikes and sentencing information at Stanford Three Strikes and Justice Advocacy Project. Take a bit to navigate the site but there is good information here also. Be patient in your research
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