Amended in Senate March 18, 2013

Senate BillNo. 260


Introduced by Senator Hancock

February 13, 2013


An actbegin insert to add Section 1170.195 to the Penal Code,end insert relating to sentencing.

LEGISLATIVE COUNSEL’S DIGEST

SB 260, as amended, Hancock. Sentencing.

begin insert

Existing law provides that the Secretary of the Department of Corrections and Rehabilitation or the Board of Parole Hearings, or both, may, for specified reasons, recommend to the court that a prisoner’s sentence be recalled, and that a court may recall a prisoner’s sentence. When a defendant who was under 18 years of age at the time of the commission of a crime has served at least 15 years of his or her sentence, existing law allows the defendant to submit a petition for recall and resentencing, and authorizes the court, in its discretion, to recall the sentence and to resentence the defendant, provided that the new sentence is not greater than the initial sentence.

end insert
begin insert

This bill would state legislative intent regarding the above provisions, and would, except as specified, require a sentencing court to hold a hearing to review the sentence of a person who was under 18 years of age at the time of an offense and was prosecuted as an adult after the person has served 10 years in prison. After the review, the bill would allow the judge to suspend or stay all or a portion of the sentence, reduce the sentence to any sentence that could lawfully have been ordered at the time of the original judgment, or both reduce and suspend or stay all or a portion of the sentence. The bill would authorize the court to consider specified evidence, in conjunction with any other evidence the court considers relevant, in making this determination. The bill would also permit additional review only in the event of a change in circumstances that is proven by a preponderance of the evidence in a petition filed with the sentencing court. The bill would not apply to a person sentenced under specified provisions or sentenced to life imprisonment without the possibility of parole.

end insert
begin delete

Existing law provides that, subject to specified exceptions, a defendant who was under 18 years old at the time he or she committed his or her offense for which the defendant was sentenced to imprisonment for life without the possibility of parole and who has served at least 15 years of his or her sentence may petition the court to recall and resentence him or her, provided that he or she satisfies certain criteria and follows applicable procedural requirements. If the court finds by a preponderance of the evidence that the statements in the defendant’s petition are true, existing law requires the court to hold a hearing to determine whether to recall and resentence the defendant, and, after considering certain factors, the court may recall and resentence the defendant, as specified.

end delete
begin delete

This bill would state the intent of the Legislature to enact legislation creating an alternate judicial mechanism for reconsidering the sentences of individuals, who were convicted of crimes that they committed as children, after they have become adults and served a significant amount of time in state prison.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

It is the intent of the Legislature to provide a
2judicial mechanism for reconsidering the sentences of persons
3who were convicted of crimes they committed as children after
4these persons have become adults and served a significant amount
5of time in state prison.

end insert
6begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 1170.195 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
7

begin insert1170.195.end insert  

(a) Notwithstanding any other law, upon motion
8and after 60 days’ notice to the prosecution, the sentencing court
9shall hold a hearing to review the sentence of a person who was
10under 18 years of age at the time of the offense and was prosecuted
11as an adult, after the person has served 10 years in prison.

12(b) After reviewing the sentence, the judge may suspend or stay
13all or a portion of the sentence, reduce the sentence to any sentence
P3    1that could lawfully have been ordered at the time of the original
2judgment, or both reduce and suspend or stay all or a portion of
3the sentence, provided that the person at the time of the hearing
4meets the eligibility criteria of the alternative disposition.

5(c) For purposes of this determination, the court may consider,
6in conjunction with any other evidence the court considers relevant,
7the person’s disciplinary record, whether the person has performed
8acts that tend to indicate rehabilitation or the potential for
9rehabilitation, including, but not limited to, availing himself or
10herself of rehabilitative, educational, or vocational programs, if
11those programs have been available at his or her classification
12level and facility, the defendant’s use of self-study for
13self-improvement, the defendant’s statement describing his or her
14remorse and work towards rehabilitation, and the person’s youth
15at the time of the crime, including his or her immaturity,
16impetuosity, failure to appreciate risks and consequences, family
17and home environment, the circumstances of the offense, including
18the extent of participation in the offense and the way familial and
19peer pressures may have affected him or her, and whether the
20person might have been charged and convicted of a lesser offense
21if not for the lesser abilities of youth, including, but not limited to,
22an inability to effectively deal with police officers or prosecutors,
23or an incapacity to assist his or her attorney.

24(d) The court shall identify on the record the criteria relied on,
25and shall provide a statement of reasons for adopting those
26criteria. The court shall state why the defendant does or does not
27satisfy the criteria.

28(e) Victims, or victim family members if the victim is deceased,
29shall be notified of the resentencing hearing and shall retain their
30rights to participate in the hearing.

31(f) Each person granted review pursuant to this section shall
32only be entitled to an additional review in the event of a change
33in circumstances that is proven by a preponderance of the evidence
34in a petition filed with the sentencing court.

35(g) This section does not apply to a person who was sentenced
36pursuant to Section 190.4 or 190.5, subdivisions (b) to (i),
37inclusive, of Section 667, or Section 1170.12, or to life
38imprisonment without the possibility of parole.

end insert
begin delete
39

SECTION 1.  

It is the intent of the Legislature to enact
40legislation to create an alternate judicial mechanism for
P4    1reconsidering the sentences of individuals, who were convicted of
2crimes that they committed as children, after they have become
3adults and served a significant amount of time in state prison.

end delete


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