as amended, Hancock.
begin deleteSentencing. end delete
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.
This bill would state legislative intent regarding the following 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 deems relevant, in making this determination. The bill would permit each person granted review whose sentence is not suspended, stayed, or reduced, to file a petition 3 or more years after any review hearing, and would require the review hearing to be granted if the petition demonstrates a change in the circumstances, as specified, by a preponderance of the evidence. The bill would not apply to a person sentenced under specified provisions or sentenced to life imprisonment without the possibility of parole.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
It is the intent of the Legislature to provide a
25judicial mechanism for reconsidering the sentences of adults who
26have served a significant amount of time in state prison for the
27conviction of crimes they committed as children.
Section 1170.195 is added to the Penal Code, to read:
(a) Notwithstanding any other law, upon motion
30and after 60 days’ notice to the prosecution, the sentencing court
31shall hold a hearing to review the sentence of a person who was
32under 18 years of age at the time of the offense and was prosecuted
33as an adult, after the person has served 10 years in prison.
34(b) After reviewing the sentence, the judge may suspend or stay
35all or a portion of the sentence, reduce the sentence to any sentence
36that could lawfully have been ordered at the time of the original
37judgment, or both reduce and suspend or stay all or a portion of
38the sentence, provided that the person at the time of the hearing
39meets the eligibility criteria of the alternative disposition.
P8 1(c) For purposes of this determination, the court may consider,
2in conjunction with any other evidence the court deems relevant,
3the person’s record of serious disciplinary violations, whether the
4person has performed acts that tend to indicate rehabilitation or
5the capacity for rehabilitation, including, but not limited to, availing
6himself or herself of any rehabilitative, educational, or vocational
7programs available at his or her classification level and facility,
8the person’s use of self-study for self-improvement, the person’s
9statement describing his or her remorse and work towards
10rehabilitation, the person’s youth at the time of the crime, including
11his or her immaturity, impulsiveness, failure to appreciate risks
12and consequences, family and home environment, intellectual
13functioning, mental disorder, or disabilities, the circumstances of
14the offense, including the extent of participation in the offense and
15the way familial and peer pressures may have affected him or her,
16and whether the person might have been charged and convicted
17of a lesser offense if not for the lesser abilities of youth, including,
18but not limited to, an inability to effectively deal with police
19officers or prosecutors, or a limited capacity to fully understand
20the proceedings or to assist his or her attorney.
21(d) The court shall identify on the record the criteria relied on,
22and shall provide a statement of reasons for adopting those criteria.
23The court shall state why the defendant does or does not satisfy
25(e) Victims, or victim family members if the victim is deceased,
26shall be notified of the resentencing hearing and shall retain their
27rights to participate in the hearing.
28(f) Each person granted review pursuant to this section whose
29sentence is not suspended, stayed, or reduced, may file a petition
30with the sentencing court three or more years after any review
31hearing. A review hearing on any subsequent petition shall be
32granted if the petition demonstrates, by a preponderance of the
33evidence, a change in the circumstances specified in subdivision
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.