Amended in Assembly August 18, 2016

Senate BillNo. 1016


Introduced by Senator Monning

February 11, 2016


An act to amend Sections 186.22, 186.33, 1170, 1170.1, 1170.3, 12021.5, 12022.2, and 12022.4 of the Penal Code, relating to sentencing.

LEGISLATIVE COUNSEL’S DIGEST

SB 1016, as amended, Monning. Sentencing.

Existing law provides that most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper terms. Previous law that required the court to impose the middle term, unless there were circumstances in aggravation or mitigation of the crime, was amended to provide that the choice of the appropriate term rests within the sound discretion of the court. Existing provisions related to sentence enhancements involving criminal street gang activity, firearms, and sentencing generally, operative until January 1, 2017, specify that the appropriate term rests within the sound discretion of the court. Existing law, operative on and after January 1, 2017, instead requires the court to impose the middle term, unless there are circumstances in mitigation or aggravation of the crime.

This bill would extend to January 1, 2022, the provisions of law that provide that the court shall, in its discretion, impose the term or enhancement that best serves the interests of justice. The bill would also make conforming changes.

begin insert

This bill would incorporate additional changes to Section 1170 of the Penal Code, proposed by SB 1084 and AB 2590, that would become operative only if this bill and one or more of those other bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

end insert

This bill would amend Proposition 21, an initiative statute adopted by the voters at the March 7, 2000, statewide primary election that provides that its provisions may be amended by the Legislature by abegin delete 2/3end deletebegin insert end insertbegin insert23end insert vote of the membership of each house, and therefore requires abegin delete 2/3end deletebegin insert end insertbegin insert23end insert vote.

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 186.22 of the Penal Code, as amended
2by Section 1 of Chapter 508 of the Statutes of 2013, is amended
3to read:

4

186.22.  

(a) Any person who actively participates in any
5criminal street gang with knowledge that its members engage in
6or have engaged in a pattern of criminal gang activity, and who
7willfully promotes, furthers, or assists in any felonious criminal
8conduct by members of that gang, shall be punished by
9imprisonment in a county jail for a period not to exceed one year,
10or by imprisonment in the state prison for 16 months, or two or
11three years.

12(b) (1) Except as provided in paragraphs (4) and (5), any person
13who is convicted of a felony committed for the benefit of, at the
14direction of, or in association with any criminal street gang, with
15the specific intent to promote, further, or assist in any criminal
16conduct by gang members, shall, upon conviction of that felony,
17in addition and consecutive to the punishment prescribed for the
18felony or attempted felony of which he or she has been convicted,
19be punished as follows:

20(A) Except as provided in subparagraphs (B) and (C), the person
21shall be punished by an additional term of two, three, or four years
22at the court’s discretion.

23(B) If the felony is a serious felony, as defined in subdivision
24(c) of Section 1192.7, the person shall be punished by an additional
25term of five years.

26(C) If the felony is a violent felony, as defined in subdivision
27(c) of Section 667.5, the person shall be punished by an additional
28term of 10 years.

P3    1(2) If the underlying felony described in paragraph (1) is
2committed on the grounds of, or within 1,000 feet of, a public or
3 private elementary, vocational, junior high, or high school, during
4hours in which the facility is open for classes or school-related
5programs or when minors are using the facility, that fact shall be
6a circumstance in aggravation of the crime in imposing a term
7under paragraph (1).

8(3) The court shall select the sentence enhancement which, in
9the court’s discretion, best serves the interests of justice and shall
10state the reasons for its choice on the record at the time of the
11sentencing in accordance with the provisions of subdivision (d) of
12Section 1170.1.

13(4) Any person who is convicted of a felony enumerated in this
14paragraph committed for the benefit of, at the direction of, or in
15association with any criminal street gang, with the specific intent
16to promote, further, or assist in any criminal conduct by gang
17members, shall, upon conviction of that felony, be sentenced to
18an indeterminate term of life imprisonment with a minimum term
19of the indeterminate sentence calculated as the greater of:

20(A) The term determined by the court pursuant to Section 1170
21for the underlying conviction, including any enhancement
22applicable under Chapter 4.5 (commencing with Section 1170) of
23Title 7 of Part 2, or any period prescribed by Section 3046, if the
24felony is any of the offenses enumerated in subparagraph (B) or
25(C) of this paragraph.

26(B) Imprisonment in the state prison for 15 years, if the felony
27is a home invasion robbery, in violation of subparagraph (A) of
28paragraph (1) of subdivision (a) of Section 213; carjacking, as
29defined in Section 215; a felony violation of Section 246; or a
30violation of Section 12022.55.

31(C) Imprisonment in the state prison for seven years, if the
32felony is extortion, as defined in Section 519; or threats to victims
33and witnesses, as defined in Section 136.1.

34(5) Except as provided in paragraph (4), any person who violates
35this subdivision in the commission of a felony punishable by
36imprisonment in the state prison for life shall not be paroled until
37a minimum of 15 calendar years have been served.

38(c) If the court grants probation or suspends the execution of
39sentence imposed upon the defendant for a violation of subdivision
40(a), or in cases involving a true finding of the enhancement
P4    1enumerated in subdivision (b), the court shall require that the
2defendant serve a minimum of 180 days in a county jail as a
3condition thereof.

4(d) Any person who is convicted of a public offense punishable
5as a felony or a misdemeanor, which is committed for the benefit
6of, at the direction of, or in association with any criminal street
7gang, with the specific intent to promote, further, or assist in any
8criminal conduct by gang members, shall be punished by
9imprisonment in a county jail not to exceed one year, or by
10imprisonment in a state prison for one, two, or three years, provided
11that any person sentenced to imprisonment in the county jail shall
12be imprisoned for a period not to exceed one year, but not less
13than 180 days, and shall not be eligible for release upon completion
14of sentence, parole, or any other basis, until he or she has served
15180 days. If the court grants probation or suspends the execution
16of sentence imposed upon the defendant, it shall require as a
17condition thereof that the defendant serve 180 days in a county
18jail.

19(e) As used in this chapter, “pattern of criminal gang activity”
20means the commission of, attempted commission of, conspiracy
21to commit, or solicitation of, sustained juvenile petition for, or
22 conviction of two or more of the following offenses, provided at
23least one of these offenses occurred after the effective date of this
24chapter and the last of those offenses occurred within three years
25after a prior offense, and the offenses were committed on separate
26occasions, or by two or more persons:

27(1) Assault with a deadly weapon or by means of force likely
28to produce great bodily injury, as defined in Section 245.

29(2) Robbery, as defined in Chapter 4 (commencing with Section
30211) of Title 8 of Part 1.

31(3) Unlawful homicide or manslaughter, as defined in Chapter
321 (commencing with Section 187) of Title 8 of Part 1.

33(4) The sale, possession for sale, transportation, manufacture,
34offer for sale, or offer to manufacture controlled substances as
35 defined in Sections 11054, 11055, 11056, 11057, and 11058 of
36the Health and Safety Code.

37(5) Shooting at an inhabited dwelling or occupied motor vehicle,
38as defined in Section 246.

39(6) Discharging or permitting the discharge of a firearm from
40a motor vehicle, as defined in subdivisions (a) and (b) of Section
P5    112034 until January 1, 2012, and, on or after that date, subdivisions
2(a) and (b) of Section 26100.

3(7) Arson, as defined in Chapter 1 (commencing with Section
4450) of Title 13.

5(8) The intimidation of witnesses and victims, as defined in
6Section 136.1.

7(9) Grand theft, as defined in subdivision (a) or (c) of Section
8487.

9(10) Grand theft of any firearm, vehicle, trailer, or vessel.

10(11) Burglary, as defined in Section 459.

11(12) Rape, as defined in Section 261.

12(13) Looting, as defined in Section 463.

13(14) Money laundering, as defined in Section 186.10.

14(15) Kidnapping, as defined in Section 207.

15(16) Mayhem, as defined in Section 203.

16(17) Aggravated mayhem, as defined in Section 205.

17(18) Torture, as defined in Section 206.

18(19) Felony extortion, as defined in Sections 518 and 520.

19(20) Felony vandalism, as defined in paragraph (1) of
20subdivision (b) of Section 594.

21(21) Carjacking, as defined in Section 215.

22(22) The sale, delivery, or transfer of a firearm, as defined in
23Section 12072 until January 1, 2012, and, on or after that date,
24Article 1 (commencing with Section 27500) of Chapter 4 of
25Division 6 of Title 4 of Part 6.

26(23) Possession of a pistol, revolver, or other firearm capable
27of being concealed upon the person in violation of paragraph (1)
28of subdivision (a) of Section 12101 until January 1, 2012, and, on
29or after that date, Section 29610.

30(24) Threats to commit crimes resulting in death or great bodily
31 injury, as defined in Section 422.

32(25) Theft and unlawful taking or driving of a vehicle, as defined
33in Section 10851 of the Vehicle Code.

34(26) Felony theft of an access card or account information, as
35defined in Section 484e.

36(27) Counterfeiting, designing, using, or attempting to use an
37access card, as defined in Section 484f.

38(28) Felony fraudulent use of an access card or account
39information, as defined in Section 484g.

P6    1(29) Unlawful use of personal identifying information to obtain
2credit, goods, services, or medical information, as defined in
3Section 530.5.

4(30) Wrongfully obtaining Department of Motor Vehicles
5 documentation, as defined in Section 529.7.

6(31) Prohibited possession of a firearm in violation of Section
712021 until January 1, 2012, and on or after that date, Chapter 2
8(commencing with Section 29800) of Division 9 of Title 4 of Part
96.

10(32) Carrying a concealed firearm in violation of Section 12025
11until January 1, 2012, and, on or after that date, Section 25400.

12(33) Carrying a loaded firearm in violation of Section 12031
13until January 1, 2012, and, on or after that date, Section 25850.

14(f) As used in this chapter, “criminal street gang” means any
15ongoing organization, association, or group of three or more
16persons, whether formal or informal, having as one of its primary
17activities the commission of one or more of the criminal acts
18enumerated in paragraphs (1) to (25), inclusive, or (31) to (33),
19inclusive, of subdivision (e), having a common name or common
20identifying sign or symbol, and whose members individually or
21collectively engage in or have engaged in a pattern of criminal
22gang activity.

23(g) Notwithstanding any other law, the court may strike the
24additional punishment for the enhancements provided in this
25section or refuse to impose the minimum jail sentence for
26misdemeanors in an unusual case where the interests of justice
27would best be served, if the court specifies on the record and enters
28into the minutes the circumstances indicating that the interests of
29justice would best be served by that disposition.

30(h) Notwithstanding any other provision of law, for each person
31committed to the Department of Corrections and Rehabilitation,
32Division of Juvenile Facilities for a conviction pursuant to
33subdivision (a) or (b) of this section, the offense shall be deemed
34one for which the state shall pay the rate of 100 percent of the per
35capita institutional cost of the Department of Corrections and
36Rehabilitation, Division of Juvenile Facilities, pursuant to Section
37912.5 of the Welfare and Institutions Code.

38(i) In order to secure a conviction or sustain a juvenile petition,
39pursuant to subdivision (a) it is not necessary for the prosecution
40to prove that the person devotes all, or a substantial part, of his or
P7    1her time or efforts to the criminal street gang, nor is it necessary
2to prove that the person is a member of the criminal street gang.
3Active participation in the criminal street gang is all that is
4required.

5(j) A pattern of gang activity may be shown by the commission
6of one or more of the offenses enumerated in paragraphs (26) to
7(30), inclusive, of subdivision (e), and the commission of one or
8more of the offenses enumerated in paragraphs (1) to (25),
9inclusive, or (31) to (33), inclusive, of subdivision (e). A pattern
10of gang activity cannot be established solely by proof of
11commission of offenses enumerated in paragraphs (26) to (30),
12inclusive, of subdivision (e), alone.

13(k) This section shall remain in effect only until January 1, 2022,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2022, deletes or extends that date.

16

SEC. 2.  

Section 186.22 of the Penal Code, as amended by
17Section 2 of Chapter 508 of the Statutes of 2013, is amended to
18read:

19

186.22.  

(a) Any person who actively participates in any
20criminal street gang with knowledge that its members engage in
21or have engaged in a pattern of criminal gang activity, and who
22willfully promotes, furthers, or assists in any felonious criminal
23conduct by members of that gang, shall be punished by
24imprisonment in a county jail for a period not to exceed one year,
25or by imprisonment in the state prison for 16 months, or two or
26three years.

27(b) (1) Except as provided in paragraphs (4) and (5), any person
28who is convicted of a felony committed for the benefit of, at the
29direction of, or in association with any criminal street gang, with
30the specific intent to promote, further, or assist in any criminal
31conduct by gang members, shall, upon conviction of that felony,
32in addition and consecutive to the punishment prescribed for the
33felony or attempted felony of which he or she has been convicted,
34be punished as follows:

35(A) Except as provided in subparagraphs (B) and (C), the person
36shall be punished by an additional term of two, three, or four years
37at the court’s discretion.

38(B) If the felony is a serious felony, as defined in subdivision
39(c) of Section 1192.7, the person shall be punished by an additional
40term of five years.

P8    1(C) If the felony is a violent felony, as defined in subdivision
2(c) of Section 667.5, the person shall be punished by an additional
3term of 10 years.

4(2) If the underlying felony described in paragraph (1) is
5committed on the grounds of, or within 1,000 feet of, a public or
6 private elementary, vocational, junior high, or high school, during
7hours in which the facility is open for classes or school-related
8programs or when minors are using the facility, that fact shall be
9a circumstance in aggravation of the crime in imposing a term
10under paragraph (1).

11(3) The court shall order the imposition of the middle term of
12the sentence enhancement, unless there are circumstances in
13aggravation or mitigation. The court shall state the reasons for its
14choice of sentencing enhancements on the record at the time of
15the sentencing.

16(4) Any person who is convicted of a felony enumerated in this
17paragraph committed for the benefit of, at the direction of, or in
18association with any criminal street gang, with the specific intent
19to promote, further, or assist in any criminal conduct by gang
20members, shall, upon conviction of that felony, be sentenced to
21an indeterminate term of life imprisonment with a minimum term
22of the indeterminate sentence calculated as the greater of:

23(A) The term determined by the court pursuant to Section 1170
24for the underlying conviction, including any enhancement
25applicable under Chapter 4.5 (commencing with Section 1170) of
26Title 7 of Part 2, or any period prescribed by Section 3046, if the
27felony is any of the offenses enumerated in subparagraph (B) or
28(C) of this paragraph.

29(B) Imprisonment in the state prison for 15 years, if the felony
30is a home invasion robbery, in violation of subparagraph (A) of
31paragraph (1) of subdivision (a) of Section 213; carjacking, as
32defined in Section 215; a felony violation of Section 246; or a
33violation of Section 12022.55.

34(C) Imprisonment in the state prison for seven years, if the
35felony is extortion, as defined in Section 519; or threats to victims
36and witnesses, as defined in Section 136.1.

37(5) Except as provided in paragraph (4), any person who violates
38this subdivision in the commission of a felony punishable by
39imprisonment in the state prison for life shall not be paroled until
40a minimum of 15 calendar years have been served.

P9    1(c) If the court grants probation or suspends the execution of
2sentence imposed upon the defendant for a violation of subdivision
3(a), or in cases involving a true finding of the enhancement
4enumerated in subdivision (b), the court shall require that the
5defendant serve a minimum of 180 days in a county jail as a
6condition thereof.

7(d) Any person who is convicted of a public offense punishable
8as a felony or a misdemeanor, which is committed for the benefit
9of, at the direction of, or in association with any criminal street
10gang, with the specific intent to promote, further, or assist in any
11criminal conduct by gang members, shall be punished by
12imprisonment in a county jail not to exceed one year, or by
13imprisonment in a state prison for one, two, or three years, provided
14that any person sentenced to imprisonment in the county jail shall
15be imprisoned for a period not to exceed one year, but not less
16than 180 days, and shall not be eligible for release upon completion
17of sentence, parole, or any other basis, until he or she has served
18180 days. If the court grants probation or suspends the execution
19of sentence imposed upon the defendant, it shall require as a
20condition thereof that the defendant serve 180 days in a county
21jail.

22(e) As used in this chapter, “pattern of criminal gang activity”
23means the commission of, attempted commission of, conspiracy
24to commit, or solicitation of, sustained juvenile petition for, or
25 conviction of two or more of the following offenses, provided at
26least one of these offenses occurred after the effective date of this
27chapter and the last of those offenses occurred within three years
28after a prior offense, and the offenses were committed on separate
29occasions, or by two or more persons:

30(1) Assault with a deadly weapon or by means of force likely
31to produce great bodily injury, as defined in Section 245.

32(2) Robbery, as defined in Chapter 4 (commencing with Section
33211) of Title 8 of Part 1.

34(3) Unlawful homicide or manslaughter, as defined in Chapter
351 (commencing with Section 187) of Title 8 of Part 1.

36(4) The sale, possession for sale, transportation, manufacture,
37offer for sale, or offer to manufacture controlled substances as
38 defined in Sections 11054, 11055, 11056, 11057, and 11058 of
39the Health and Safety Code.

P10   1(5) Shooting at an inhabited dwelling or occupied motor vehicle,
2as defined in Section 246.

3(6) Discharging or permitting the discharge of a firearm from
4a motor vehicle, as defined in subdivisions (a) and (b) of Section
512034 until January 1, 2012, and, on or after that date, subdivisions
6(a) and (b) of Section 26100.

7(7) Arson, as defined in Chapter 1 (commencing with Section
8450) of Title 13.

9(8) The intimidation of witnesses and victims, as defined in
10Section 136.1.

11(9) Grand theft, as defined in subdivision (a) or (c) of Section
12487.

13(10) Grand theft of any firearm, vehicle, trailer, or vessel.

14(11) Burglary, as defined in Section 459.

15(12) Rape, as defined in Section 261.

16(13) Looting, as defined in Section 463.

17(14) Money laundering, as defined in Section 186.10.

18(15) Kidnapping, as defined in Section 207.

19(16) Mayhem, as defined in Section 203.

20(17) Aggravated mayhem, as defined in Section 205.

21(18) Torture, as defined in Section 206.

22(19) Felony extortion, as defined in Sections 518 and 520.

23(20) Felony vandalism, as defined in paragraph (1) of
24subdivision (b) of Section 594.

25(21) Carjacking, as defined in Section 215.

26(22) The sale, delivery, or transfer of a firearm, as defined in
27Section 12072 until January 1, 2012, and, on or after that date,
28Article 1 (commencing with Section 27500) of Chapter 4 of
29Division 6 of Title 4 of Part 6.

30(23) Possession of a pistol, revolver, or other firearm capable
31of being concealed upon the person in violation of paragraph (1)
32of subdivision (a) of Section 12101 until January 1, 2012, and, on
33or after that date, Section 29610.

34(24) Threats to commit crimes resulting in death or great bodily
35 injury, as defined in Section 422.

36(25) Theft and unlawful taking or driving of a vehicle, as defined
37in Section 10851 of the Vehicle Code.

38(26) Felony theft of an access card or account information, as
39defined in Section 484e.

P11   1(27) Counterfeiting, designing, using, or attempting to use an
2access card, as defined in Section 484f.

3(28) Felony fraudulent use of an access card or account
4information, as defined in Section 484g.

5(29) Unlawful use of personal identifying information to obtain
6credit, goods, services, or medical information, as defined in
7Section 530.5.

8(30) Wrongfully obtaining Department of Motor Vehicles
9 documentation, as defined in Section 529.7.

10(31) Prohibited possession of a firearm in violation of Section
1112021 until January 1, 2012, and, on or after that date, Chapter 2
12(commencing with Section 29800) of Division 9 of Title 4 of Part
136.

14(32) Carrying a concealed firearm in violation of Section 12025
15until January 1, 2012, and, on or after that date, Section 25400.

16(33) Carrying a loaded firearm in violation of Section 12031
17until January 1, 2012, and, on or after that date, Section 25850.

18(f) As used in this chapter, “criminal street gang” means any
19ongoing organization, association, or group of three or more
20persons, whether formal or informal, having as one of its primary
21activities the commission of one or more of the criminal acts
22enumerated in paragraphs (1) to (25), inclusive, or (31) to (33),
23inclusive, of subdivision (e), having a common name or common
24identifying sign or symbol, and whose members individually or
25collectively engage in or have engaged in a pattern of criminal
26gang activity.

27(g) Notwithstanding any other law, the court may strike the
28additional punishment for the enhancements provided in this
29section or refuse to impose the minimum jail sentence for
30misdemeanors in an unusual case where the interests of justice
31would best be served, if the court specifies on the record and enters
32into the minutes the circumstances indicating that the interests of
33justice would best be served by that disposition.

34(h) Notwithstanding any other provision of law, for each person
35committed to the Department of Corrections and Rehabilitation,
36Division of Juvenile Facilities for a conviction pursuant to
37subdivision (a) or (b) of this section, the offense shall be deemed
38one for which the state shall pay the rate of 100 percent of the per
39capita institutional cost of the Department of Corrections and
P12   1Rehabilitation, Division of Juvenile Facilities, pursuant to Section
2912.5 of the Welfare and Institutions Code.

3(i) In order to secure a conviction or sustain a juvenile petition,
4pursuant to subdivision (a) it is not necessary for the prosecution
5to prove that the person devotes all, or a substantial part, of his or
6her time or efforts to the criminal street gang, nor is it necessary
7to prove that the person is a member of the criminal street gang.
8Active participation in the criminal street gang is all that is
9required.

10(j) A pattern of gang activity may be shown by the commission
11of one or more of the offenses enumerated in paragraphs (26) to
12(30), inclusive, of subdivision (e), and the commission of one or
13more of the offenses enumerated in paragraphs (1) to (25),
14inclusive, or (31) to (33), inclusive, of subdivision (e). A pattern
15of gang activity cannot be established solely by proof of
16commission of offenses enumerated in paragraphs (26) to (30),
17inclusive, of subdivision (e), alone.

18(k) This section shall become operative on January 1, 2022.

19

SEC. 3.  

Section 186.33 of the Penal Code, as amended by
20Section 3 of Chapter 508 of the Statutes of 2013, is amended to
21read:

22

186.33.  

(a) Any person required to register pursuant to Section
23186.30 who knowingly violates any of its provisions is guilty of
24a misdemeanor.

25(b) (1) Any person who knowingly fails to register pursuant to
26Section 186.30 and is subsequently convicted of, or any person
27for whom a petition is subsequently sustained for a violation of,
28any of the offenses specified in Section 186.30, shall be punished
29by an additional term of imprisonment in the state prison for 16
30months, or two or three years. The court shall select the sentence
31enhancement which, in the court’s discretion, best serves the
32interests of justice and shall state the reasons for its choice on the
33record at the time of sentencing in accordance with the provisions
34of subdivision (d) of Section 1170.1.

35(2) The existence of any fact bringing a person under this
36subdivision shall be alleged in the information, indictment, or
37petition, and be either admitted by the defendant or minor in open
38court, or found to be true or not true by the trier of fact.

P13   1(c) This section shall remain in effect only until January 1, 2022,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2022, deletes or extends that date.

4

SEC. 4.  

Section 186.33 of the Penal Code, as amended by
5Section 4 of Chapter 508 of the Statutes of 2013, is amended to
6read:

7

186.33.  

(a) Any person required to register pursuant to Section
8186.30 who knowingly violates any of its provisions is guilty of
9a misdemeanor.

10(b) (1) Any person who knowingly fails to register pursuant to
11Section 186.30 and is subsequently convicted of, or any person
12for whom a petition is subsequently sustained for a violation of,
13any of the offenses specified in Section 186.30, shall be punished
14by an additional term of imprisonment in the state prison for 16
15months, or two or three years. The court shall order imposition of
16the middle term unless there are circumstances in aggravation or
17mitigation. The court shall state its reasons for the enhancement
18choice on the record at the time of sentencing.

19(2) The existence of any fact bringing a person under this
20subdivision shall be alleged in the information, indictment, or
21petition, and be either admitted by the defendant or minor in open
22court, or found to be true or not true by the trier of fact.

23(c) This section shall become operative on January 1, 2022.

24

SEC. 5.  

Section 1170 of the Penal Code, as amended by Section
251 of Chapter 378 of the Statutes of 2015, is amended to read:

26

1170.  

(a) (1) The Legislature finds and declares that the
27purpose of imprisonment for crime is punishment. This purpose
28is best served by terms proportionate to the seriousness of the
29offense with provision for uniformity in the sentences of offenders
30committing the same offense under similar circumstances. The
31Legislature further finds and declares that the elimination of
32disparity and the provision of uniformity of sentences can best be
33achieved by determinate sentences fixed by statute in proportion
34to the seriousness of the offense as determined by the Legislature
35to be imposed by the court with specified discretion.

36(2) Notwithstanding paragraph (1), the Legislature further finds
37and declares that programs should be available for inmates,
38 including, but not limited to, educational programs, that are
39designed to prepare nonviolent felony offenders for successful
40reentry into the community. The Legislature encourages the
P14   1development of policies and programs designed to educate and
2rehabilitate nonviolent felony offenders. In implementing this
3section, the Department of Corrections and Rehabilitation is
4encouraged to give priority enrollment in programs to promote
5successful return to the community to an inmate with a short
6remaining term of commitment and a release date that would allow
7him or her adequate time to complete the program.

8(3) In any case in which the punishment prescribed by statute
9for a person convicted of a public offense is a term of imprisonment
10in the state prison or a term pursuant to subdivision (h) of any
11specification of three time periods, the court shall sentence the
12defendant to one of the terms of imprisonment specified unless
13the convicted person is given any other disposition provided by
14law, including a fine, jail, probation, or the suspension of
15imposition or execution of sentence or is sentenced pursuant to
16subdivision (b) of Section 1168 because he or she had committed
17his or her crime prior to July 1, 1977. In sentencing the convicted
18person, the court shall apply the sentencing rules of the Judicial
19Council. The court, unless it determines that there are
20circumstances in mitigation of the punishment prescribed, shall
21also impose any other term that it is required by law to impose as
22an additional term. Nothing in this article shall affect any provision
23of law that imposes the death penalty, that authorizes or restricts
24the granting of probation or suspending the execution or imposition
25of sentence, or expressly provides for imprisonment in the state
26prison for life, except as provided in paragraph (2) of subdivision
27(d). In any case in which the amount of preimprisonment credit
28under Section 2900.5 or any other law is equal to or exceeds any
29 sentence imposed pursuant to this chapter, except for the remaining
30portion of mandatory supervision pursuant to subparagraph (B) of
31paragraph (5) of subdivision (h), the entire sentence shall be
32deemed to have been served, except for the remaining period of
33mandatory supervision, and the defendant shall not be actually
34delivered to the custody of the secretary or to the custody of the
35county correctional administrator. The court shall advise the
36defendant that he or she shall serve an applicable period of parole,
37postrelease community supervision, or mandatory supervision,
38and order the defendant to report to the parole or probation office
39closest to the defendant’s last legal residence, unless the in-custody
40credits equal the total sentence, including both confinement time
P15   1and the period of parole, postrelease community supervision, or
2mandatory supervision. The sentence shall be deemed a separate
3prior prison term or a sentence of imprisonment in a county jail
4under subdivision (h) for purposes of Section 667.5, and a copy
5of the judgment and other necessary documentation shall be
6forwarded to the secretary.

7(b) When a judgment of imprisonment is to be imposed and the
8statute specifies three possible terms, the choice of the appropriate
9term shall rest within the sound discretion of the court. At least
10four days prior to the time set for imposition of judgment, either
11party or the victim, or the family of the victim if the victim is
12deceased, may submit a statement in aggravation or mitigation. In
13determining the appropriate term, the court may consider the record
14in the case, the probation officer’s report, other reports, including
15reports received pursuant to Section 1203.03, and statements in
16aggravation or mitigation submitted by the prosecution, the
17defendant, or the victim, or the family of the victim if the victim
18is deceased, and any further evidence introduced at the sentencing
19hearing. The court shall select the term which, in the court’s
20discretion, best serves the interests of justice. The court shall set
21forth on the record the reasons for imposing the term selected and
22the court may not impose an upper term by using the fact of any
23enhancement upon which sentence is imposed under any provision
24of law. A term of imprisonment shall not be specified if imposition
25of sentence is suspended.

26(c) The court shall state the reasons for its sentence choice on
27the record at the time of sentencing. The court shall also inform
28the defendant that as part of the sentence after expiration of the
29term he or she may be on parole for a period as provided in Section
303000 or 3000.08 or postrelease community supervision for a period
31as provided in Section 3451.

32(d) (1) When a defendant subject to this section or subdivision
33(b) of Section 1168 has been sentenced to be imprisoned in the
34state prison or county jail pursuant to subdivision (h) and has been
35committed to the custody of the secretary or the county correctional
36administrator, the court may, within 120 days of the date of
37commitment on its own motion, or at any time upon the
38recommendation of the secretary or the Board of Parole Hearings
39in the case of state prison inmates, or the county correctional
40administrator in the case of county jail inmates, recall the sentence
P16   1and commitment previously ordered and resentence the defendant
2in the same manner as if he or she had not previously been
3sentenced, provided the new sentence, if any, is no greater than
4the initial sentence. The court resentencing under this subdivision
5shall apply the sentencing rules of the Judicial Council so as to
6eliminate disparity of sentences and to promote uniformity of
7sentencing. Credit shall be given for time served.

8(2) (A) (i) When a defendant who was under 18 years of age
9at the time of the commission of the offense for which the
10defendant was sentenced to imprisonment for life without the
11possibility of parole has served at least 15 years of that sentence,
12the defendant may submit to the sentencing court a petition for
13recall and resentencing.

14(ii) Notwithstanding clause (i), this paragraph shall not apply
15to defendants sentenced to life without parole for an offense where
16the defendant tortured, as described in Section 206, his or her
17victim or the victim was a public safety official, including any law
18enforcement personnel mentioned in Chapter 4.5 (commencing
19with Section 830) of Title 3, or any firefighter as described in
20Section 245.1, as well as any other officer in any segment of law
21enforcement who is employed by the federal government, the state,
22or any of its political subdivisions.

23(B) The defendant shall file the original petition with the
24sentencing court. A copy of the petition shall be served on the
25agency that prosecuted the case. The petition shall include the
26defendant’s statement that he or she was under 18 years of age at
27the time of the crime and was sentenced to life in prison without
28the possibility of parole, the defendant’s statement describing his
29or her remorse and work towards rehabilitation, and the defendant’s
30statement that one of the following is true:

31(i) The defendant was convicted pursuant to felony murder or
32aiding and abetting murder provisions of law.

33(ii) The defendant does not have juvenile felony adjudications
34for assault or other felony crimes with a significant potential for
35personal harm to victims prior to the offense for which the sentence
36is being considered for recall.

37(iii) The defendant committed the offense with at least one adult
38codefendant.

39(iv) The defendant has performed acts that tend to indicate
40rehabilitation or the potential for rehabilitation, including, but not
P17   1limited to, availing himself or herself of rehabilitative, educational,
2or vocational programs, if those programs have been available at
3his or her classification level and facility, using self-study for
4self-improvement, or showing evidence of remorse.

5(C) If any of the information required in subparagraph (B) is
6missing from the petition, or if proof of service on the prosecuting
7agency is not provided, the court shall return the petition to the
8defendant and advise the defendant that the matter cannot be
9considered without the missing information.

10(D) A reply to the petition, if any, shall be filed with the court
11within 60 days of the date on which the prosecuting agency was
12served with the petition, unless a continuance is granted for good
13cause.

14(E) If the court finds by a preponderance of the evidence that
15the statements in the petition are true, the court shall hold a hearing
16to consider whether to recall the sentence and commitment
17previously ordered and to resentence the defendant in the same
18manner as if the defendant had not previously been sentenced,
19provided that the new sentence, if any, is not greater than the initial
20sentence. Victims, or victim family members if the victim is
21deceased, shall retain the rights to participate in the hearing.

22(F) The factors that the court may consider when determining
23whether to recall and resentence include, but are not limited to,
24the following:

25(i) The defendant was convicted pursuant to felony murder or
26aiding and abetting murder provisions of law.

27(ii) The defendant does not have juvenile felony adjudications
28for assault or other felony crimes with a significant potential for
29personal harm to victims prior to the offense for which the sentence
30is being considered for recall.

31(iii) The defendant committed the offense with at least one adult
32codefendant.

33(iv) Prior to the offense for which the sentence is being
34considered for recall, the defendant had insufficient adult support
35or supervision and had suffered from psychological or physical
36trauma, or significant stress.

37(v) The defendant suffers from cognitive limitations due to
38mental illness, developmental disabilities, or other factors that did
39not constitute a defense, but influenced the defendant’s
40involvement in the offense.

P18   1(vi) The defendant has performed acts that tend to indicate
2rehabilitation or the potential for rehabilitation, including, but not
3limited to, availing himself or herself of rehabilitative, educational,
4or vocational programs, if those programs have been available at
5his or her classification level and facility, using self-study for
6self-improvement, or showing evidence of remorse.

7(vii) The defendant has maintained family ties or connections
8with others through letter writing, calls, or visits, or has eliminated
9contact with individuals outside of prison who are currently
10involved with crime.

11(viii) The defendant has had no disciplinary actions for violent
12activities in the last five years in which the defendant was
13determined to be the aggressor.

14(G) The court shall have the discretion to recall the sentence
15and commitment previously ordered and to resentence the
16defendant in the same manner as if the defendant had not
17previously been sentenced, provided that the new sentence, if any,
18is not greater than the initial sentence. The discretion of the court
19shall be exercised in consideration of the criteria in subparagraph
20(B). Victims, or victim family members if the victim is deceased,
21shall be notified of the resentencing hearing and shall retain their
22rights to participate in the hearing.

23(H) If the sentence is not recalled, the defendant may submit
24another petition for recall and resentencing to the sentencing court
25when the defendant has been committed to the custody of the
26department for at least 20 years. If recall and resentencing is not
27granted under that petition, the defendant may file another petition
28after having served 24 years. The final petition may be submitted,
29and the response to that petition shall be determined, during the
3025th year of the defendant’s sentence.

31(I) In addition to the criteria in subparagraph (F), the court may
32consider any other criteria that the court deems relevant to its
33decision, so long as the court identifies them on the record,
34provides a statement of reasons for adopting them, and states why
35the defendant does or does not satisfy the criteria.

36(J) This subdivision shall have retroactive application.

37(e) (1) Notwithstanding any other law and consistent with
38paragraph (1) of subdivision (a), if the secretary or the Board of
39Parole Hearings or both determine that a prisoner satisfies the
P19   1criteria set forth in paragraph (2), the secretary or the board may
2recommend to the court that the prisoner’s sentence be recalled.

3(2) The court shall have the discretion to resentence or recall if
4the court finds that the facts described in subparagraphs (A) and
5(B) or subparagraphs (B) and (C) exist:

6(A) The prisoner is terminally ill with an incurable condition
7caused by an illness or disease that would produce death within
8six months, as determined by a physician employed by the
9department.

10(B) The conditions under which the prisoner would be released
11or receive treatment do not pose a threat to public safety.

12(C) The prisoner is permanently medically incapacitated with
13a medical condition that renders him or her permanently unable
14to perform activities of basic daily living, and results in the prisoner
15requiring 24-hour total care, including, but not limited to, coma,
16persistent vegetative state, brain death, ventilator-dependency, loss
17of control of muscular or neurological function, and that
18incapacitation did not exist at the time of the original sentencing.

19The Board of Parole Hearings shall make findings pursuant to
20this subdivision before making a recommendation for resentence
21or recall to the court. This subdivision does not apply to a prisoner
22sentenced to death or a term of life without the possibility of parole.

23(3) Within 10 days of receipt of a positive recommendation by
24the secretary or the board, the court shall hold a hearing to consider
25whether the prisoner’s sentence should be recalled.

26(4) Any physician employed by the department who determines
27that a prisoner has six months or less to live shall notify the chief
28medical officer of the prognosis. If the chief medical officer
29concurs with the prognosis, he or she shall notify the warden.
30Within 48 hours of receiving notification, the warden or the
31warden’s representative shall notify the prisoner of the recall and
32resentencing procedures, and shall arrange for the prisoner to
33designate a family member or other outside agent to be notified
34as to the prisoner’s medical condition and prognosis, and as to the
35recall and resentencing procedures. If the inmate is deemed
36mentally unfit, the warden or the warden’s representative shall
37contact the inmate’s emergency contact and provide the information
38described in paragraph (2).

39(5) The warden or the warden’s representative shall provide the
40prisoner and his or her family member, agent, or emergency
P20   1contact, as described in paragraph (4), updated information
2throughout the recall and resentencing process with regard to the
3prisoner’s medical condition and the status of the prisoner’s recall
4and resentencing proceedings.

5(6) Notwithstanding any other provisions of this section, the
6prisoner or his or her family member or designee may
7independently request consideration for recall and resentencing
8by contacting the chief medical officer at the prison or the
9secretary. Upon receipt of the request, the chief medical officer
10and the warden or the warden’s representative shall follow the
11procedures described in paragraph (4). If the secretary determines
12that the prisoner satisfies the criteria set forth in paragraph (2), the
13secretary or board may recommend to the court that the prisoner’s
14sentence be recalled. The secretary shall submit a recommendation
15for release within 30 days in the case of inmates sentenced to
16determinate terms and, in the case of inmates sentenced to
17indeterminate terms, the secretary shall make a recommendation
18to the Board of Parole Hearings with respect to the inmates who
19have applied under this section. The board shall consider this
20information and make an independent judgment pursuant to
21paragraph (2) and make findings related thereto before rejecting
22the request or making a recommendation to the court. This action
23shall be taken at the next lawfully noticed board meeting.

24(7) Any recommendation for recall submitted to the court by
25the secretary or the Board of Parole Hearings shall include one or
26more medical evaluations, a postrelease plan, and findings pursuant
27to paragraph (2).

28(8) If possible, the matter shall be heard before the same judge
29of the court who sentenced the prisoner.

30(9) If the court grants the recall and resentencing application,
31the prisoner shall be released by the department within 48 hours
32of receipt of the court’s order, unless a longer time period is agreed
33to by the inmate. At the time of release, the warden or the warden’s
34representative shall ensure that the prisoner has each of the
35 following in his or her possession: a discharge medical summary,
36full medical records, state identification, parole or postrelease
37community supervision medications, and all property belonging
38to the prisoner. After discharge, any additional records shall be
39sent to the prisoner’s forwarding address.

P21   1(10) The secretary shall issue a directive to medical and
2correctional staff employed by the department that details the
3guidelines and procedures for initiating a recall and resentencing
4procedure. The directive shall clearly state that any prisoner who
5is given a prognosis of six months or less to live is eligible for
6recall and resentencing consideration, and that recall and
7resentencing procedures shall be initiated upon that prognosis.

8(11) The provisions of this subdivision shall be available to an
9inmate who is sentenced to a county jail pursuant to subdivision
10(h). For purposes of those inmates, “secretary” or “warden” shall
11mean the county correctional administrator and “chief medical
12officer” shall mean a physician designated by the county
13correctional administrator for this purpose.

14(f) Notwithstanding any other provision of this section, for
15purposes of paragraph (3) of subdivision (h), any allegation that
16a defendant is eligible for state prison due to a prior or current
17conviction, sentence enhancement, or because he or she is required
18to register as a sex offender shall not be subject to dismissal
19pursuant to Section 1385.

20(g) A sentence to state prison for a determinate term for which
21only one term is specified, is a sentence to state prison under this
22section.

23(h) (1) Except as provided in paragraph (3), a felony punishable
24pursuant to this subdivision where the term is not specified in the
25underlying offense shall be punishable by a term of imprisonment
26in a county jail for 16 months, or two or three years.

27(2) Except as provided in paragraph (3), a felony punishable
28pursuant to this subdivision shall be punishable by imprisonment
29in a county jail for the term described in the underlying offense.

30(3) Notwithstanding paragraphs (1) and (2), where the defendant
31(A) has a prior or current felony conviction for a serious felony
32described in subdivision (c) of Section 1192.7 or a prior or current
33conviction for a violent felony described in subdivision (c) of
34Section 667.5, (B) has a prior felony conviction in another
35jurisdiction for an offense that has all the elements of a serious
36felony described in subdivision (c) of Section 1192.7 or a violent
37felony described in subdivision (c) of Section 667.5, (C) is required
38to register as a sex offender pursuant to Chapter 5.5 (commencing
39with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
40and as part of the sentence an enhancement pursuant to Section
P22   1186.11 is imposed, an executed sentence for a felony punishable
2pursuant to this subdivision shall be served in state prison.

3(4) Nothing in this subdivision shall be construed to prevent
4other dispositions authorized by law, including pretrial diversion,
5deferred entry of judgment, or an order granting probation pursuant
6to Section 1203.1.

7(5) (A) Unless the court finds that, in the interests of justice, it
8is not appropriate in a particular case, the court, when imposing a
9sentence pursuant to paragraph (1) or (2), shall suspend execution
10of a concluding portion of the term for a period selected at the
11court’s discretion.

12(B) The portion of a defendant’s sentenced term that is
13suspended pursuant to this paragraph shall be known as mandatory
14supervision, and, unless otherwise ordered by the court, shall
15commence upon release from physical custody or an alternative
16custody program, whichever is later. During the period of
17mandatory supervision, the defendant shall be supervised by the
18county probation officer in accordance with the terms, conditions,
19and procedures generally applicable to persons placed on probation,
20for the remaining unserved portion of the sentence imposed by the
21court. The period of supervision shall be mandatory, and may not
22be earlier terminated except by court order. Any proceeding to
23revoke or modify mandatory supervision under this subparagraph
24shall be conducted pursuant to either subdivisions (a) and (b) of
25Section 1203.2 or Section 1203.3. During the period when the
26defendant is under that supervision, unless in actual custody related
27to the sentence imposed by the court, the defendant shall be entitled
28to only actual time credit against the term of imprisonment imposed
29by the court. Any time period which is suspended because a person
30has absconded shall not be credited toward the period of
31supervision.

32(6) The sentencing changes made by the act that added this
33subdivision shall be applied prospectively to any person sentenced
34on or after October 1, 2011.

35(7) The sentencing changes made to paragraph (5) by the act
36that added this paragraph shall become effective and operative on
37January 1, 2015, and shall be applied prospectively to any person
38sentenced on or after January 1, 2015.

P23   1(i) This section shall remain in effect only until January 1, 2022,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2022, deletes or extends that date.

4begin insert

begin insertSEC. 5.1.end insert  

end insert

begin insertSection 1170 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
5Section 1 of Chapter 378 of the Statutes of 2015, is amended to
6read:end insert

7

1170.  

(a) (1) The Legislature finds and declares that the
8purpose of imprisonment for crime is punishment. This purpose
9is best served by terms proportionate to the seriousness of the
10offense with provision for uniformity in the sentences of offenders
11committing the same offense under similar circumstances. The
12Legislature further finds and declares that the elimination of
13disparity and the provision of uniformity of sentences can best be
14achieved by determinate sentences fixed by statute in proportion
15to the seriousness of the offense as determined by the Legislature
16to be imposed by the court with specified discretion.

17(2) Notwithstanding paragraph (1), the Legislature further finds
18and declares that programs should be available for inmates,
19 including, but not limited to, educational programs, that are
20designed to prepare nonviolent felony offenders for successful
21reentry into the community. The Legislature encourages the
22development of policies and programs designed to educate and
23rehabilitate nonviolent felony offenders. In implementing this
24section, the Department of Corrections and Rehabilitation is
25encouraged to give priority enrollment in programs to promote
26successful return to the community to an inmate with a short
27remaining term of commitment and a release date that would allow
28him or her adequate time to complete the program.

29(3) In any case in which the punishment prescribed by statute
30for a person convicted of a public offense is a term of imprisonment
31in the state prison or a term pursuant to subdivision (h) of any
32specification of three time periods, the court shall sentence the
33defendant to one of the terms of imprisonment specified unless
34the convicted person is given any other disposition provided by
35law, including a fine, jail, probation, or the suspension of
36imposition or execution of sentence or is sentenced pursuant to
37subdivision (b) of Section 1168 because he or she had committed
38his or her crime prior to July 1, 1977. In sentencing the convicted
39person, the court shall apply the sentencing rules of the Judicial
40Council. The court, unless it determines that there are
P24   1circumstances in mitigation of the punishment prescribed, shall
2also impose any other term that it is required by law to impose as
3an additional term. Nothing in this article shall affect any provision
4of law that imposes the death penalty, that authorizes or restricts
5the granting of probation or suspending the execution or imposition
6of sentence, or expressly provides for imprisonment in the state
7prison for life, except as provided in paragraph (2) of subdivision
8(d). In any case in which the amount of preimprisonment credit
9under Section 2900.5 or any other law is equal to or exceeds any
10 sentence imposed pursuant to this chapter, except for the remaining
11portion of mandatory supervision pursuant to subparagraph (B) of
12paragraph (5) of subdivision (h), the entire sentence shall be
13deemed to have been served, except for the remaining period of
14mandatory supervision, and the defendant shall not be actually
15delivered to the custody of the secretary or to the custody of the
16county correctional administrator. The court shall advise the
17defendant that he or she shall serve an applicable period of parole,
18postrelease community supervision, or mandatory supervision,
19and order the defendant to report to the parole or probation office
20closest to the defendant’s last legal residence, unless the in-custody
21credits equal the total sentence, including both confinement time
22and the period of parole, postrelease community supervision, or
23mandatory supervision. The sentence shall be deemed a separate
24prior prison term or a sentence of imprisonment in a county jail
25under subdivision (h) for purposes of Section 667.5, and a copy
26of the judgment and other necessary documentation shall be
27forwarded to the secretary.

28(b) When a judgment of imprisonment is to be imposed and the
29statute specifies three possible terms, the choice of the appropriate
30term shall rest within the sound discretion of the court. At least
31four days prior to the time set for imposition of judgment, either
32party or the victim, or the family of the victim if the victim is
33deceased, may submit a statement in aggravation or mitigation. In
34determining the appropriate term, the court may consider the record
35in the case, the probation officer’s report, other reports, including
36reports received pursuant to Section 1203.03, and statements in
37aggravation or mitigation submitted by the prosecution, the
38defendant, or the victim, or the family of the victim if the victim
39is deceased, and any further evidence introduced at the sentencing
40hearing. The court shall select the term which, in the court’s
P25   1discretion, best serves the interests of justice. The court shall set
2forth on the record the reasons for imposing the term selected and
3the court may not impose an upper term by using the fact of any
4enhancement upon which sentence is imposed under any provision
5of law. A term of imprisonment shall not be specified if imposition
6of sentence is suspended.

7(c) The court shall state the reasons for its sentence choice on
8the record at the time of sentencing. The court shall also inform
9the defendant that as part of the sentence after expiration of the
10term he or she may be on parole for a period as provided in Section
113000 or 3000.08 or postrelease community supervision for a period
12as provided in Section 3451.

13(d) (1) When a defendant subject to this section or subdivision
14(b) of Section 1168 has been sentenced to be imprisoned in the
15state prison or county jail pursuant to subdivision (h) and has been
16committed to the custody of the secretary or the county correctional
17administrator, the court may, within 120 days of the date of
18commitment on its own motion, or at any time upon the
19recommendation of the secretary or the Board of Parole Hearings
20in the case of state prison inmates, or the county correctional
21administrator in the case of county jail inmates, recall the sentence
22and commitment previously ordered and resentence the defendant
23in the same manner as if he or she had not previously been
24sentenced, provided the new sentence, if any, is no greater than
25the initial sentence. The court resentencing under this subdivision
26shall apply the sentencing rules of the Judicial Council so as to
27eliminate disparity of sentences and to promote uniformity of
28sentencing. Credit shall be given for time served.

29(2) (A) (i) When a defendant who was under 18 years of age
30at the time of the commission of the offense for which the
31defendant was sentenced to imprisonment for life without the
32possibility of parole hasbegin delete servedend deletebegin insert been incarcerated forend insert at least 15
33begin delete years of that sentence,end deletebegin insert years,end insert the defendant may submit to the
34sentencing court a petition for recall and resentencing.

35(ii) Notwithstanding clause (i), this paragraph shall not apply
36to defendants sentenced to life without parole for an offense where
37begin insert it was pled and proved thatend insert the defendant tortured, as described
38in Section 206, his or her victim or the victim was a public safety
39official, including any law enforcement personnel mentioned in
40Chapter 4.5 (commencing with Section 830) of Title 3, or any
P26   1firefighter as described in Section 245.1, as well as any other officer
2 in any segment of law enforcement who is employed by the federal
3government, the state, or any of its political subdivisions.

4(B) The defendant shall file the original petition with the
5sentencing court. A copy of the petition shall be served on the
6agency that prosecuted the case. The petition shall include the
7defendant’s statement that he or she was under 18 years of age at
8the time of the crime and was sentenced to life in prison without
9the possibility of parole, the defendant’s statement describing his
10or her remorse and work towards rehabilitation, and the defendant’s
11statement that one of the following is true:

12(i) The defendant was convicted pursuant to felony murder or
13aiding and abetting murder provisions of law.

14(ii) The defendant does not have juvenile felony adjudications
15for assault or other felony crimes with a significant potential for
16personal harm to victims prior to the offense for which the sentence
17is being considered for recall.

18(iii) The defendant committed the offense with at least one adult
19codefendant.

20(iv) The defendant has performed acts that tend to indicate
21rehabilitation or the potential for rehabilitation, including, but not
22limited to, availing himself or herself of rehabilitative, educational,
23or vocational programs, if those programs have been available at
24his or her classification level and facility, using self-study for
25self-improvement, or showing evidence of remorse.

26(C) If any of the information required in subparagraph (B) is
27missing from the petition, or if proof of service on the prosecuting
28agency is not provided, the court shall return the petition to the
29defendant and advise the defendant that the matter cannot be
30considered without the missing information.

31(D) A reply to the petition, if any, shall be filed with the court
32within 60 days of the date on which the prosecuting agency was
33served with the petition, unless a continuance is granted for good
34cause.

35(E) If the court finds by a preponderance of the evidence that
36begin insert one or more ofend insert the statementsbegin delete in the petition are true, the court
37shall hold a hearing to consider whether toend delete
begin insert specified in clauses (i)
38to (iv), inclusive, of subparagraph (B) is true, the court shallend insert
recall
39the sentence and commitment previously ordered andbegin insert hold a
40hearingend insert
to resentence the defendant in the same manner as if the
P27   1defendant had not previously been sentenced, provided that the
2new sentence, if any, is not greater than the initial sentence.
3Victims, or victim family members if the victim is deceased, shall
4retain the rights to participate in the hearing.

5(F) The factors that the court may consider when determining
6whether tobegin delete recall andend delete resentencebegin insert the defendant to a term of
7imprisonment with the possibility of paroleend insert
include, but are not
8limited to, the following:

9(i) The defendant was convicted pursuant to felony murder or
10aiding and abetting murder provisions of law.

11(ii) The defendant does not have juvenile felony adjudications
12for assault or other felony crimes with a significant potential for
13personal harm to victims prior to the offense for which thebegin delete sentence
14is being considered for recall.end delete
begin insert defendant was sentenced to life
15without the possibility of parole.end insert

16(iii) The defendant committed the offense with at least one adult
17codefendant.

18(iv) Prior to the offense for which thebegin delete sentence is being
19considered for recall,end delete
begin insert defendant was sentenced to life without the
20possibility of parole,end insert
the defendant had insufficient adult support
21or supervision and had suffered from psychological or physical
22trauma, or significant stress.

23(v) The defendant suffers from cognitive limitations due to
24mental illness, developmental disabilities, or other factors that did
25not constitute a defense, but influenced the defendant’s
26involvement in the offense.

27(vi) The defendant has performed acts that tend to indicate
28rehabilitation or the potential for rehabilitation, including, but not
29limited to, availing himself or herself of rehabilitative, educational,
30or vocational programs, if those programs have been available at
31his or her classification level and facility, using self-study for
32self-improvement, or showing evidence of remorse.

33(vii) The defendant has maintained family ties or connections
34with others through letter writing, calls, or visits, or has eliminated
35contact with individuals outside of prison who are currently
36involved with crime.

37(viii) The defendant has had no disciplinary actions for violent
38activities in the last five years in which the defendant was
39determined to be the aggressor.

P28   1(G) The court shall have the discretionbegin delete to recall the sentence
2and commitment previously ordered andend delete
to resentence the
3defendant in the same manner as if the defendant had not
4previously been sentenced, provided that the new sentence, if any,
5is not greater than the initial sentence. The discretion of the court
6shall be exercised in consideration of the criteria in subparagraph
7begin delete (B).end deletebegin insert (F).end insert Victims, or victim family members if the victim is
8 deceased, shall be notified of the resentencing hearing and shall
9retain their rights to participate in the hearing.

10(H) If the sentence is notbegin delete recalled,end deletebegin insert recalled or the defendant is
11resentenced to imprisonment for life without the possibility of
12parole,end insert
the defendant may submit another petition for recall and
13resentencing to the sentencing court when the defendant has been
14committed to the custody of the department for at least 20 years.
15If begin delete recall and resentencing is not grantedend delete begin insert the sentence is not recalled
16or the defendant is resentenced to imprisonment for life without
17the possibility of paroleend insert
under that petition, the defendant may file
18another petition after having served 24 years. The final petition
19may be submitted, and the response to that petition shall be
20determined, during the 25th year of the defendant’s sentence.

21(I) In addition to the criteria in subparagraph (F), the court may
22consider any other criteria that the court deems relevant to its
23decision, so long as the court identifies them on the record,
24provides a statement of reasons for adopting them, and states why
25the defendant does or does not satisfy the criteria.

26(J) This subdivision shall have retroactive application.

begin insert

27
(K) Nothing in this paragraph is intended to diminish or
28abrogate any rights or remedies otherwise available to the
29defendant.

end insert

30(e) (1) Notwithstanding any other law and consistent with
31paragraph (1) of subdivision (a), if the secretary or the Board of
32Parole Hearings or both determine that a prisoner satisfies the
33criteria set forth in paragraph (2), the secretary or the board may
34recommend to the court that the prisoner’s sentence be recalled.

35(2) The court shall have the discretion to resentence or recall if
36the court finds that the facts described in subparagraphs (A) and
37(B) or subparagraphs (B) and (C) exist:

38(A) The prisoner is terminally ill with an incurable condition
39caused by an illness or disease that would produce death within
P29   1six months, as determined by a physician employed by the
2department.

3(B) The conditions under which the prisoner would be released
4or receive treatment do not pose a threat to public safety.

5(C) The prisoner is permanently medically incapacitated with
6a medical condition that renders him or her permanently unable
7to perform activities of basic daily living, and results in the prisoner
8requiring 24-hour total care, including, but not limited to, coma,
9persistent vegetative state, brain death, ventilator-dependency, loss
10of control of muscular or neurological function, and that
11incapacitation did not exist at the time of the original sentencing.

12The Board of Parole Hearings shall make findings pursuant to
13this subdivision before making a recommendation for resentence
14or recall to the court. This subdivision does not apply to a prisoner
15sentenced to death or a term of life without the possibility of parole.

16(3) Within 10 days of receipt of a positive recommendation by
17the secretary or the board, the court shall hold a hearing to consider
18whether the prisoner’s sentence should be recalled.

19(4) Any physician employed by the department who determines
20that a prisoner has six months or less to live shall notify the chief
21medical officer of the prognosis. If the chief medical officer
22concurs with the prognosis, he or she shall notify the warden.
23Within 48 hours of receiving notification, the warden or the
24warden’s representative shall notify the prisoner of the recall and
25resentencing procedures, and shall arrange for the prisoner to
26designate a family member or other outside agent to be notified
27as to the prisoner’s medical condition and prognosis, and as to the
28recall and resentencing procedures. If the inmate is deemed
29mentally unfit, the warden or the warden’s representative shall
30contact the inmate’s emergency contact and provide the information
31described in paragraph (2).

32(5) The warden or the warden’s representative shall provide the
33prisoner and his or her family member, agent, or emergency
34contact, as described in paragraph (4), updated information
35throughout the recall and resentencing process with regard to the
36prisoner’s medical condition and the status of the prisoner’s recall
37and resentencing proceedings.

38(6) Notwithstanding any other provisions of this section, the
39prisoner or his or her family member or designee may
40independently request consideration for recall and resentencing
P30   1by contacting the chief medical officer at the prison or the
2secretary. Upon receipt of the request, the chief medical officer
3and the warden or the warden’s representative shall follow the
4procedures described in paragraph (4). If the secretary determines
5that the prisoner satisfies the criteria set forth in paragraph (2), the
6secretary or board may recommend to the court that the prisoner’s
7sentence be recalled. The secretary shall submit a recommendation
8for release within 30 days in the case of inmates sentenced to
9determinate terms and, in the case of inmates sentenced to
10indeterminate terms, the secretary shall make a recommendation
11to the Board of Parole Hearings with respect to the inmates who
12have applied under this section. The board shall consider this
13information and make an independent judgment pursuant to
14paragraph (2) and make findings related thereto before rejecting
15the request or making a recommendation to the court. This action
16shall be taken at the next lawfully noticed board meeting.

17(7) Any recommendation for recall submitted to the court by
18the secretary or the Board of Parole Hearings shall include one or
19more medical evaluations, a postrelease plan, and findings pursuant
20to paragraph (2).

21(8) If possible, the matter shall be heard before the same judge
22of the court who sentenced the prisoner.

23(9) If the court grants the recall and resentencing application,
24the prisoner shall be released by the department within 48 hours
25of receipt of the court’s order, unless a longer time period is agreed
26to by the inmate. At the time of release, the warden or the warden’s
27representative shall ensure that the prisoner has each of the
28following in his or her possession: a discharge medical summary,
29full medical records, state identification, parole or postrelease
30community supervision medications, and all property belonging
31to the prisoner. After discharge, any additional records shall be
32sent to the prisoner’s forwarding address.

33(10) The secretary shall issue a directive to medical and
34correctional staff employed by the department that details the
35guidelines and procedures for initiating a recall and resentencing
36procedure. The directive shall clearly state that any prisoner who
37is given a prognosis of six months or less to live is eligible for
38recall and resentencing consideration, and that recall and
39resentencing procedures shall be initiated upon that prognosis.

P31   1(11) The provisions of this subdivision shall be available to an
2inmate who is sentenced to a county jail pursuant to subdivision
3(h). For purposes of those inmates, “secretary” or “warden” shall
4mean the county correctional administrator and “chief medical
5officer” shall mean a physician designated by the county
6correctional administrator for this purpose.

7(f) Notwithstanding any other provision of this section, for
8purposes of paragraph (3) of subdivision (h), any allegation that
9a defendant is eligible for state prison due to a prior or current
10conviction, sentence enhancement, or because he or she is required
11to register as a sex offender shall not be subject to dismissal
12pursuant to Section 1385.

13(g) A sentence to state prison for a determinate term for which
14only one term is specified, is a sentence to state prison under this
15section.

16(h) (1) Except as provided in paragraph (3), a felony punishable
17pursuant to this subdivision where the term is not specified in the
18underlying offense shall be punishable by a term of imprisonment
19in a county jail for 16 months, or two or three years.

20(2) Except as provided in paragraph (3), a felony punishable
21pursuant to this subdivision shall be punishable by imprisonment
22in a county jail for the term described in the underlying offense.

23(3) Notwithstanding paragraphs (1) and (2), where the defendant
24(A) has a prior or current felony conviction for a serious felony
25described in subdivision (c) of Section 1192.7 or a prior or current
26conviction for a violent felony described in subdivision (c) of
27Section 667.5, (B) has a prior felony conviction in another
28jurisdiction for an offense that has all the elements of a serious
29felony described in subdivision (c) of Section 1192.7 or a violent
30felony described in subdivision (c) of Section 667.5, (C) is required
31to register as a sex offender pursuant to Chapter 5.5 (commencing
32with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
33and as part of the sentence an enhancement pursuant to Section
34186.11 is imposed, an executed sentence for a felony punishable
35pursuant to this subdivision shall be served in state prison.

36(4) Nothing in this subdivision shall be construed to prevent
37other dispositions authorized by law, including pretrial diversion,
38deferred entry of judgment, or an order granting probation pursuant
39to Section 1203.1.

P32   1(5) (A) Unless the court finds that, in the interests of justice, it
2is not appropriate in a particular case, the court, when imposing a
3sentence pursuant to paragraph (1) or (2), shall suspend execution
4of a concluding portion of the term for a period selected at the
5court’s discretion.

6(B) The portion of a defendant’s sentenced term that is
7suspended pursuant to this paragraph shall be known as mandatory
8supervision, and, unless otherwise ordered by the court, shall
9commence upon release from physical custody or an alternative
10custody program, whichever is later. During the period of
11mandatory supervision, the defendant shall be supervised by the
12county probation officer in accordance with the terms, conditions,
13and procedures generally applicable to persons placed on probation,
14for the remaining unserved portion of the sentence imposed by the
15court. The period of supervision shall be mandatory, and may not
16be earlier terminated except by court order. Any proceeding to
17revoke or modify mandatory supervision under this subparagraph
18shall be conducted pursuant to either subdivisions (a) and (b) of
19Section 1203.2 or Section 1203.3. During the period when the
20defendant is under that supervision, unless in actual custody related
21to the sentence imposed by the court, the defendant shall be entitled
22to only actual time credit against the term of imprisonment imposed
23by the court. Any time period which is suspended because a person
24has absconded shall not be credited toward the period of
25supervision.

26(6) The sentencing changes made by the act that added this
27subdivision shall be applied prospectively to any person sentenced
28on or after October 1, 2011.

29(7) The sentencing changes made to paragraph (5) by the act
30that added this paragraph shall become effective and operative on
31January 1, 2015, and shall be applied prospectively to any person
32sentenced on or after January 1, 2015.

33(i) This section shall remain in effect only until January 1,begin delete 2017,end delete
34begin insert 2022,end insert and as of that date is repealed, unless a later enacted statute,
35that is enacted beforebegin delete that date,end deletebegin insert January 1, 2022,end insert deletes or extends
36that date.

37begin insert

begin insertSEC. 5.2.end insert  

end insert

begin insertSection 1170 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
38Section 1 of Chapter 378 of the Statutes of 2015, is amended to
39read:end insert

P33   1

1170.  

(a) (1) The Legislature finds and declares that the
2purpose ofbegin delete imprisonment for crime is punishment. Thisend deletebegin insert sentencing
3is public safety achieved through punishment, rehabilitation, and
4restorative justice. When a sentence includes incarceration, thisend insert

5 purpose is best served by termsbegin insert that areend insert proportionate to the
6seriousness of the offense with provision for uniformity in the
7sentences of offenders committing the same offense under similar
8circumstances.begin delete The Legislature further finds and declares that the
9elimination of disparity and the provision of uniformity of
10sentences can best be achieved by determinate sentences fixed by
11statute in proportion to the seriousness of the offense as determined
12by the Legislature to be imposed by the court with specified
13discretion.end delete

14(2) begin deleteNotwithstanding paragraph (1), the end deletebegin insertThe end insertLegislature further
15finds and declares that programs should be available for inmates,
16including, but not limited to,begin delete educational programs,end deletebegin insert educational,
17rehabilitative, and restorative justice programsend insert
that are designed
18begin insert to promote behavior change andend insert to preparebegin delete nonviolent felonyend deletebegin insert all
19eligibleend insert
offenders for successful reentry into the community. The
20Legislature encourages the development of policies and programs
21designed to educate and rehabilitatebegin delete nonviolent felonyend deletebegin insert all eligibleend insert
22 offenders. In implementing this section, the Department of
23Corrections and Rehabilitation is encouraged tobegin delete give priority
24enrollment in programs toend delete
begin insert allow all eligible inmates the opportunity
25to enroll in programs thatend insert
promote successful return to the
26
begin delete community to an inmate with a short remaining term of
27commitment and a release date that would allow him or her
28adequate time to complete the program.end delete
begin insert community. The
29Department of Corrections and Rehabilitation is directed to
30establish a mission statement consistent with these principles.end insert

31(3) In any case in which thebegin delete punishmentend deletebegin insert sentenceend insert prescribed by
32statute for a person convicted of a public offense is a term of
33imprisonment in the state prison or a term pursuant to subdivision
34(h) of any specification of three time periods, the court shall
35sentence the defendant to one of the terms of imprisonment
36specified unless the convicted person is given any other disposition
37provided by law, including a fine, jail, probation, or the suspension
38of imposition or execution of sentence or is sentenced pursuant to
39subdivision (b) of Section 1168 because he or she had committed
40his or her crime prior to July 1, 1977. In sentencing the convicted
P34   1person, the court shall apply the sentencing rules of the Judicial
2Council. The court, unless it determines that there are
3circumstances in mitigation of thebegin delete punishmentend deletebegin insert sentenceend insert prescribed,
4shall also impose any other term that it is required by law to impose
5as an additional term. Nothing in this article shall affect any
6provision of law that imposes the death penalty, that authorizes or
7restricts the granting of probation or suspending the execution or
8imposition of sentence, or expressly provides for imprisonment in
9the state prison for life, except as provided in paragraph (2) of
10subdivision (d). In any case in which the amount of
11preimprisonment credit under Section 2900.5 or any other law is
12equal to or exceeds any sentence imposed pursuant to this chapter,
13except for the remaining portion of mandatory supervision pursuant
14to subparagraph (B) of paragraph (5) of subdivision (h), the entire
15sentence shall be deemed to have been served, except for the
16remaining period of mandatory supervision, and the defendant
17shall not be actually delivered to the custody of the secretary or to
18the custody of the county correctional administrator. The court
19shall advise the defendant that he or she shall serve an applicable
20period of parole, postrelease community supervision, or mandatory
21supervision, and order the defendant to report to the parole or
22probation office closest to the defendant’s last legal residence,
23unless the in-custody credits equal the total sentence, including
24both confinement time and the period of parole, postrelease
25community supervision, or mandatory supervision. The sentence
26shall be deemed a separate prior prison term or a sentence of
27imprisonment in a county jail under subdivision (h) for purposes
28of Section 667.5, and a copy of the judgment and other necessary
29documentation shall be forwarded to the secretary.

30(b) When a judgment of imprisonment is to be imposed and the
31statute specifies three possible terms, the choice of the appropriate
32term shall rest within the sound discretion of the court. At least
33four days prior to the time set for imposition of judgment, either
34party or the victim, or the family of the victim if the victim is
35deceased, may submit a statement in aggravation or mitigation. In
36determining the appropriate term, the court may consider the record
37in the case, the probation officer’s report, other reports, including
38reports received pursuant to Section 1203.03, and statements in
39aggravation or mitigation submitted by the prosecution, the
40defendant, or the victim, or the family of the victim if the victim
P35   1is deceased, and any further evidence introduced at the sentencing
2hearing. The court shall select the term which, in the court’s
3 discretion, best serves the interests of justice. The court shall set
4forth on the record the reasons for imposing the term selected and
5the court may not impose an upper term by using the fact of any
6enhancement upon which sentence is imposed under any provision
7of law. A term of imprisonment shall not be specified if imposition
8of sentence is suspended.

9(c) The court shall state the reasons for its sentence choice on
10the record at the time of sentencing. The court shall also inform
11the defendant that as part of the sentence after expiration of the
12term he or she may be on parole for a period as provided in Section
133000 or 3000.08 or postrelease community supervision for a period
14as provided in Section 3451.

15(d) (1) When a defendant subject to this section or subdivision
16(b) of Section 1168 has been sentenced to be imprisoned in the
17state prison or county jail pursuant to subdivision (h) and has been
18committed to the custody of the secretary or the county correctional
19administrator, the court may, within 120 days of the date of
20commitment on its own motion, or at any time upon the
21recommendation of the secretary or the Board of Parole Hearings
22in the case of state prison inmates, or the county correctional
23administrator in the case of county jail inmates, recall the sentence
24and commitment previously ordered and resentence the defendant
25in the same manner as if he or she had not previously been
26sentenced, provided the new sentence, if any, is no greater than
27the initial sentence. The court resentencing under this subdivision
28shall apply the sentencing rules of the Judicial Council so as to
29eliminate disparity of sentences and to promote uniformity of
30sentencing. Credit shall be given for time served.

31(2) (A) (i) When a defendant who was under 18 years of age
32at the time of the commission of the offense for which the
33defendant was sentenced to imprisonment for life without the
34possibility of parole has served at least 15 years of that sentence,
35the defendant may submit to the sentencing court a petition for
36recall and resentencing.

37(ii) Notwithstanding clause (i), this paragraph shall not apply
38to defendants sentenced to life without parole for an offense where
39the defendant tortured, as described in Section 206, his or her
40victim or the victim was a public safety official, including any law
P36   1enforcement personnel mentioned in Chapter 4.5 (commencing
2with Section 830) of Title 3, or any firefighter as described in
3Section 245.1, as well as any other officer in any segment of law
4enforcement who is employed by the federal government, the state,
5or any of its political subdivisions.

6(B) The defendant shall file the original petition with the
7sentencing court. A copy of the petition shall be served on the
8agency that prosecuted the case. The petition shall include the
9defendant’s statement that he or she was under 18 years of age at
10the time of the crime and was sentenced to life in prison without
11the possibility of parole, the defendant’s statement describing his
12or her remorse and work towards rehabilitation, and the defendant’s
13statement that one of the following is true:

14(i) The defendant was convicted pursuant to felony murder or
15aiding and abetting murder provisions of law.

16(ii) The defendant does not have juvenile felony adjudications
17for assault or other felony crimes with a significant potential for
18personal harm to victims prior to the offense for which the sentence
19is being considered for recall.

20(iii) The defendant committed the offense with at least one adult
21codefendant.

22(iv) The defendant has performed acts that tend to indicate
23rehabilitation or the potential for rehabilitation, including, but not
24limited to, availing himself or herself of rehabilitative, educational,
25or vocational programs, if those programs have been available at
26his or her classification level and facility, using self-study for
27self-improvement, or showing evidence of remorse.

28(C) If any of the information required in subparagraph (B) is
29missing from the petition, or if proof of service on the prosecuting
30agency is not provided, the court shall return the petition to the
31defendant and advise the defendant that the matter cannot be
32considered without the missing information.

33(D) A reply to the petition, if any, shall be filed with the court
34within 60 days of the date on which the prosecuting agency was
35served with the petition, unless a continuance is granted for good
36cause.

37(E) If the court finds by a preponderance of the evidence that
38the statements in the petition are true, the court shall hold a hearing
39to consider whether to recall the sentence and commitment
40previously ordered and to resentence the defendant in the same
P37   1manner as if the defendant had not previously been sentenced,
2provided that the new sentence, if any, is not greater than the initial
3sentence. Victims, or victim family members if the victim is
4deceased, shall retain the rights to participate in the hearing.

5(F) The factors that the court may consider when determining
6whether to recall and resentence include, but are not limited to,
7the following:

8(i) The defendant was convicted pursuant to felony murder or
9aiding and abetting murder provisions of law.

10(ii) The defendant does not have juvenile felony adjudications
11for assault or other felony crimes with a significant potential for
12personal harm to victims prior to the offense for which the sentence
13is being considered for recall.

14(iii) The defendant committed the offense with at least one adult
15codefendant.

16(iv) Prior to the offense for which the sentence is being
17considered for recall, the defendant had insufficient adult support
18or supervision and had suffered from psychological or physical
19trauma, or significant stress.

20(v) The defendant suffers from cognitive limitations due to
21mental illness, developmental disabilities, or other factors that did
22not constitute a defense, but influenced the defendant’s
23involvement in the offense.

24(vi) The defendant has performed acts that tend to indicate
25rehabilitation or the potential for rehabilitation, including, but not
26limited to, availing himself or herself of rehabilitative, educational,
27or vocational programs, if those programs have been available at
28his or her classification level and facility, using self-study for
29self-improvement, or showing evidence of remorse.

30(vii) The defendant has maintained family ties or connections
31with others through letter writing, calls, or visits, or has eliminated
32contact with individuals outside of prison who are currently
33involved with crime.

34(viii) The defendant has had no disciplinary actions for violent
35activities in the last five years in which the defendant was
36determined to be the aggressor.

37(G) The court shall have the discretion to recall the sentence
38and commitment previously ordered and to resentence the
39defendant in the same manner as if the defendant had not
40previously been sentenced, provided that the new sentence, if any,
P38   1is not greater than the initial sentence. The discretion of the court
2shall be exercised in consideration of the criteria in subparagraph
3(B). Victims, or victim family members if the victim is deceased,
4shall be notified of the resentencing hearing and shall retain their
5rights to participate in the hearing.

6(H) If the sentence is not recalled, the defendant may submit
7another petition for recall and resentencing to the sentencing court
8when the defendant has been committed to the custody of the
9department for at least 20 years. If recall and resentencing is not
10granted under that petition, the defendant may file another petition
11after having served 24 years. The final petition may be submitted,
12and the response to that petition shall be determined, during the
1325th year of the defendant’s sentence.

14(I) In addition to the criteria in subparagraph (F), the court may
15consider any other criteria that the court deems relevant to its
16decision, so long as the court identifies them on the record,
17provides a statement of reasons for adopting them, and states why
18the defendant does or does not satisfy the criteria.

19(J) This subdivision shall have retroactive application.

20(e) (1) Notwithstanding any other law and consistent with
21paragraph (1) of subdivision (a), if the secretary or the Board of
22Parole Hearings or both determine that a prisoner satisfies the
23criteria set forth in paragraph (2), the secretary or the board may
24recommend to the court that the prisoner’s sentence be recalled.

25(2) The court shall have the discretion to resentence or recall if
26the court finds that the facts described in subparagraphs (A) and
27(B) or subparagraphs (B) and (C) exist:

28(A) The prisoner is terminally ill with an incurable condition
29caused by an illness or disease that would produce death within
30six months, as determined by a physician employed by the
31department.

32(B) The conditions under which the prisoner would be released
33or receive treatment do not pose a threat to public safety.

34(C) The prisoner is permanently medically incapacitated with
35a medical condition that renders him or her permanently unable
36to perform activities of basic daily living, and results in the prisoner
37requiring 24-hour total care, including, but not limited to, coma,
38persistent vegetative state, brain death, ventilator-dependency, loss
39of control of muscular or neurological function, and that
40incapacitation did not exist at the time of the original sentencing.

P39   1The Board of Parole Hearings shall make findings pursuant to
2this subdivision before making a recommendation for resentence
3or recall to the court. This subdivision does not apply to a prisoner
4sentenced to death or a term of life without the possibility of parole.

5(3) Within 10 days of receipt of a positive recommendation by
6the secretary or the board, the court shall hold a hearing to consider
7whether the prisoner’s sentence should be recalled.

8(4) Any physician employed by the department who determines
9that a prisoner has six months or less to live shall notify the chief
10medical officer of the prognosis. If the chief medical officer
11concurs with the prognosis, he or she shall notify the warden.
12Within 48 hours of receiving notification, the warden or the
13warden’s representative shall notify the prisoner of the recall and
14resentencing procedures, and shall arrange for the prisoner to
15designate a family member or other outside agent to be notified
16as to the prisoner’s medical condition and prognosis, and as to the
17recall and resentencing procedures. If the inmate is deemed
18mentally unfit, the warden or the warden’s representative shall
19contact the inmate’s emergency contact and provide the information
20described in paragraph (2).

21(5) The warden or the warden’s representative shall provide the
22prisoner and his or her family member, agent, or emergency
23contact, as described in paragraph (4), updated information
24throughout the recall and resentencing process with regard to the
25prisoner’s medical condition and the status of the prisoner’s recall
26and resentencing proceedings.

27(6) Notwithstanding any other provisions of this section, the
28prisoner or his or her family member or designee may
29independently request consideration for recall and resentencing
30by contacting the chief medical officer at the prison or the
31secretary. Upon receipt of the request, the chief medical officer
32and the warden or the warden’s representative shall follow the
33procedures described in paragraph (4). If the secretary determines
34that the prisoner satisfies the criteria set forth in paragraph (2), the
35secretary or board may recommend to the court that the prisoner’s
36sentence be recalled. The secretary shall submit a recommendation
37for release within 30 days in the case of inmates sentenced to
38determinate terms and, in the case of inmates sentenced to
39indeterminate terms, the secretary shall make a recommendation
40to the Board of Parole Hearings with respect to the inmates who
P40   1have applied under this section. The board shall consider this
2information and make an independent judgment pursuant to
3paragraph (2) and make findings related thereto before rejecting
4the request or making a recommendation to the court. This action
5shall be taken at the next lawfully noticed board meeting.

6(7) Any recommendation for recall submitted to the court by
7the secretary or the Board of Parole Hearings shall include one or
8more medical evaluations, a postrelease plan, and findings pursuant
9to paragraph (2).

10(8) If possible, the matter shall be heard before the same judge
11of the court who sentenced the prisoner.

12(9) If the court grants the recall and resentencing application,
13the prisoner shall be released by the department within 48 hours
14of receipt of the court’s order, unless a longer time period is agreed
15to by the inmate. At the time of release, the warden or the warden’s
16representative shall ensure that the prisoner has each of the
17following in his or her possession: a discharge medical summary,
18full medical records, state identification, parole or postrelease
19community supervision medications, and all property belonging
20to the prisoner. After discharge, any additional records shall be
21sent to the prisoner’s forwarding address.

22(10) The secretary shall issue a directive to medical and
23correctional staff employed by the department that details the
24guidelines and procedures for initiating a recall and resentencing
25procedure. The directive shall clearly state that any prisoner who
26is given a prognosis of six months or less to live is eligible for
27recall and resentencing consideration, and that recall and
28resentencing procedures shall be initiated upon that prognosis.

29(11) The provisions of this subdivision shall be available to an
30inmate who is sentenced to a county jail pursuant to subdivision
31(h). For purposes of those inmates, “secretary” or “warden” shall
32mean the county correctional administrator and “chief medical
33officer” shall mean a physician designated by the county
34correctional administrator for this purpose.

35(f) Notwithstanding any other provision of this section, for
36purposes of paragraph (3) of subdivision (h), any allegation that
37a defendant is eligible for state prison due to a prior or current
38conviction, sentence enhancement, or because he or she is required
39to register as a sex offender shall not be subject to dismissal
40pursuant to Section 1385.

P41   1(g) A sentence to state prison for a determinate term for which
2only one term is specified, is a sentence to state prison under this
3section.

4(h) (1) Except as provided in paragraph (3), a felony punishable
5pursuant to this subdivision where the term is not specified in the
6underlying offense shall be punishable by a term of imprisonment
7in a county jail for 16 months, or two or three years.

8(2) Except as provided in paragraph (3), a felony punishable
9pursuant to this subdivision shall be punishable by imprisonment
10in a county jail for the term described in the underlying offense.

11(3) Notwithstanding paragraphs (1) and (2), where the defendant
12(A) has a prior or current felony conviction for a serious felony
13described in subdivision (c) of Section 1192.7 or a prior or current
14conviction for a violent felony described in subdivision (c) of
15Section 667.5, (B) has a prior felony conviction in another
16jurisdiction for an offense that has all the elements of a serious
17felony described in subdivision (c) of Section 1192.7 or a violent
18felony described in subdivision (c) of Section 667.5, (C) is required
19to register as a sex offender pursuant to Chapter 5.5 (commencing
20with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
21and as part of the sentence an enhancement pursuant to Section
22186.11 is imposed, an executed sentence for a felony punishable
23pursuant to this subdivision shall be served in state prison.

24(4) Nothing in this subdivision shall be construed to prevent
25other dispositions authorized by law, including pretrial diversion,
26deferred entry of judgment, or an order granting probation pursuant
27to Section 1203.1.

28(5) (A) Unless the court finds that, in the interests of justice, it
29is not appropriate in a particular case, the court, when imposing a
30sentence pursuant to paragraph (1) or (2), shall suspend execution
31of a concluding portion of the term for a period selected at the
32court’s discretion.

33(B) The portion of a defendant’s sentenced term that is
34suspended pursuant to this paragraph shall be known as mandatory
35supervision, and, unless otherwise ordered by the court, shall
36commence upon release from physical custody or an alternative
37custody program, whichever is later. During the period of
38mandatory supervision, the defendant shall be supervised by the
39county probation officer in accordance with the terms, conditions,
40and procedures generally applicable to persons placed on probation,
P42   1for the remaining unserved portion of the sentence imposed by the
2court. The period of supervision shall be mandatory, and may not
3be earlier terminated except by court order. Any proceeding to
4revoke or modify mandatory supervision under this subparagraph
5shall be conducted pursuant to either subdivisions (a) and (b) of
6Section 1203.2 or Section 1203.3. During the period when the
7defendant is under that supervision, unless in actual custody related
8to the sentence imposed by the court, the defendant shall be entitled
9to only actual time credit against the term of imprisonment imposed
10by the court. Any time period which is suspended because a person
11has absconded shall not be credited toward the period of
12supervision.

13(6) The sentencing changes made by the act that added this
14subdivision shall be applied prospectively to any person sentenced
15on or after October 1, 2011.

16(7) The sentencing changes made to paragraph (5) by the act
17that added this paragraph shall become effective and operative on
18January 1, 2015, and shall be applied prospectively to any person
19sentenced on or after January 1, 2015.

20(i) This section shall remain in effect only until January 1,begin delete 2017,end delete
21begin insert 2022,end insert and as of that date is repealed, unless a later enacted statute,
22that is enacted beforebegin delete that date,end deletebegin insert January 1, 2022,end insert deletes or extends
23that date.

24begin insert

begin insertSEC. 5.3.end insert  

end insert

begin insertSection 1170 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
25Section 1 of Chapter 378 of the Statutes of 2015, is amended to
26read:end insert

27

1170.  

(a) (1) The Legislature finds and declares that the
28purpose ofbegin delete imprisonment for crime is punishment. Thisend deletebegin insert sentencing
29is public safety achieved through punishment, rehabilitation, and
30restorative justice. When a sentence includes incarceration, thisend insert

31 purpose is best served by termsbegin insert that areend insert proportionate to the
32seriousness of the offense with provision for uniformity in the
33sentences of offenders committing the same offense under similar
34circumstances.begin delete The Legislature further finds and declares that the
35elimination of disparity and the provision of uniformity of
36sentences can best be achieved by determinate sentences fixed by
37statute in proportion to the seriousness of the offense as determined
38by the Legislature to be imposed by the court with specified
39discretion.end delete

P43   1(2) begin deleteNotwithstanding paragraph (1), the end deletebegin insertThe end insertLegislature further
2finds and declares that programs should be available for inmates,
3including, but not limited to,begin delete educational programs,end deletebegin insert educational,
4rehabilitative, and restorative justice programsend insert
that are designed
5begin insert to promote behavior change andend insert to preparebegin delete nonviolent felonyend deletebegin insert all
6eligibleend insert
offenders for successful reentry into the community. The
7Legislature encourages the development of policies and programs
8designed to educate and rehabilitatebegin delete nonviolent felonyend deletebegin insert all eligibleend insert
9 offenders. In implementing this section, the Department of
10Corrections and Rehabilitation is encouraged tobegin delete give priority
11enrollment in programs toend delete
begin insert allow all eligible inmates the opportunity
12to enroll in programs thatend insert
promote successful return to the
13
begin delete community to an inmate with a short remaining term of
14commitment and a release date that would allow him or her
15adequate time to complete the program.end delete
begin insert community.end insertbegin insert The
16Department of Corrections and Rehabilitation is directed to
17establish a mission statement consistent with these principles.end insert

18(3) In any case in which thebegin delete punishmentend deletebegin insert sentenceend insert prescribed by
19statute for a person convicted of a public offense is a term of
20imprisonment in the state prison or a term pursuant to subdivision
21(h) of any specification of three time periods, the court shall
22sentence the defendant to one of the terms of imprisonment
23specified unless the convicted person is given any other disposition
24provided by law, including a fine, jail, probation, or the suspension
25of imposition or execution of sentence or is sentenced pursuant to
26subdivision (b) of Section 1168 because he or she had committed
27his or her crime prior to July 1, 1977. In sentencing the convicted
28person, the court shall apply the sentencing rules of the Judicial
29Council. The court, unless it determines that there are
30circumstances in mitigation of thebegin delete punishmentend deletebegin insert sentenceend insert prescribed,
31shall also impose any other term that it is required by law to impose
32as an additional term. Nothing in this article shall affect any
33provision of law that imposes the death penalty, that authorizes or
34restricts the granting of probation or suspending the execution or
35imposition of sentence, or expressly provides for imprisonment in
36the state prison for life, except as provided in paragraph (2) of
37subdivision (d). In any case in which the amount of
38 preimprisonment credit under Section 2900.5 or any other law is
39equal to or exceeds any sentence imposed pursuant to this chapter,
40except for the remaining portion of mandatory supervision pursuant
P44   1to subparagraph (B) of paragraph (5) of subdivision (h), the entire
2sentence shall be deemed to have been served, except for the
3remaining period of mandatory supervision, and the defendant
4shall not be actually delivered to the custody of the secretary or to
5the custody of the county correctional administrator. The court
6shall advise the defendant that he or she shall serve an applicable
7period of parole, postrelease community supervision, or mandatory
8supervision, and order the defendant to report to the parole or
9probation office closest to the defendant’s last legal residence,
10unless the in-custody credits equal the total sentence, including
11both confinement time and the period of parole, postrelease
12community supervision, or mandatory supervision. The sentence
13shall be deemed a separate prior prison term or a sentence of
14imprisonment in a county jail under subdivision (h) for purposes
15of Section 667.5, and a copy of the judgment and other necessary
16documentation shall be forwarded to the secretary.

17(b) When a judgment of imprisonment is to be imposed and the
18statute specifies three possible terms, the choice of the appropriate
19term shall rest within the sound discretion of the court. At least
20four days prior to the time set for imposition of judgment, either
21party or the victim, or the family of the victim if the victim is
22deceased, may submit a statement in aggravation or mitigation. In
23determining the appropriate term, the court may consider the record
24in the case, the probation officer’s report, other reports, including
25reports received pursuant to Section 1203.03, and statements in
26aggravation or mitigation submitted by the prosecution, the
27defendant, or the victim, or the family of the victim if the victim
28is deceased, and any further evidence introduced at the sentencing
29hearing. The court shall select the term which, in the court’s
30discretion, best serves the interests of justice. The court shall set
31forth on the record the reasons for imposing the term selected and
32the court may not impose an upper term by using the fact of any
33enhancement upon which sentence is imposed under any provision
34of law. A term of imprisonment shall not be specified if imposition
35of sentence is suspended.

36(c) The court shall state the reasons for its sentence choice on
37the record at the time of sentencing. The court shall also inform
38the defendant that as part of the sentence after expiration of the
39term he or she may be on parole for a period as provided in Section
P45   13000 or 3000.08 or postrelease community supervision for a period
2as provided in Section 3451.

3(d) (1) When a defendant subject to this section or subdivision
4(b) of Section 1168 has been sentenced to be imprisoned in the
5state prison or county jail pursuant to subdivision (h) and has been
6committed to the custody of the secretary or the county correctional
7administrator, the court may, within 120 days of the date of
8commitment on its own motion, or at any time upon the
9recommendation of the secretary or the Board of Parole Hearings
10in the case of state prison inmates, or the county correctional
11administrator in the case of county jail inmates, recall the sentence
12and commitment previously ordered and resentence the defendant
13in the same manner as if he or she had not previously been
14sentenced, provided the new sentence, if any, is no greater than
15the initial sentence. The court resentencing under this subdivision
16shall apply the sentencing rules of the Judicial Council so as to
17eliminate disparity of sentences and to promote uniformity of
18sentencing. Credit shall be given for time served.

19(2) (A) (i) When a defendant who was under 18 years of age
20at the time of the commission of the offense for which the
21defendant was sentenced to imprisonment for life without the
22possibility of parole hasbegin delete servedend deletebegin insert been incarcerated forend insert at least 15
23begin delete years of that sentence,end deletebegin insert years,end insert the defendant may submit to the
24sentencing court a petition for recall and resentencing.

25(ii) Notwithstanding clause (i), this paragraph shall not apply
26to defendants sentenced to life without parole for an offense where
27begin insert it was pled and proved thatend insert the defendant tortured, as described
28in Section 206, his or her victim or the victim was a public safety
29official, including any law enforcement personnel mentioned in
30Chapter 4.5 (commencing with Section 830) of Title 3, or any
31firefighter as described in Section 245.1, as well as any other officer
32in any segment of law enforcement who is employed by the federal
33government, the state, or any of its political subdivisions.

34(B) The defendant shall file the original petition with the
35sentencing court. A copy of the petition shall be served on the
36agency that prosecuted the case. The petition shall include the
37defendant’s statement that he or she was under 18 years of age at
38the time of the crime and was sentenced to life in prison without
39the possibility of parole, the defendant’s statement describing his
P46   1or her remorse and work towards rehabilitation, and the defendant’s
2statement that one of the following is true:

3(i) The defendant was convicted pursuant to felony murder or
4aiding and abetting murder provisions of law.

5(ii) The defendant does not have juvenile felony adjudications
6for assault or other felony crimes with a significant potential for
7personal harm to victims prior to the offense for which the sentence
8is being considered for recall.

9(iii) The defendant committed the offense with at least one adult
10codefendant.

11(iv) The defendant has performed acts that tend to indicate
12rehabilitation or the potential for rehabilitation, including, but not
13limited to, availing himself or herself of rehabilitative, educational,
14or vocational programs, if those programs have been available at
15his or her classification level and facility, using self-study for
16 self-improvement, or showing evidence of remorse.

17(C) If any of the information required in subparagraph (B) is
18missing from the petition, or if proof of service on the prosecuting
19agency is not provided, the court shall return the petition to the
20defendant and advise the defendant that the matter cannot be
21considered without the missing information.

22(D) A reply to the petition, if any, shall be filed with the court
23within 60 days of the date on which the prosecuting agency was
24served with the petition, unless a continuance is granted for good
25cause.

26(E) If the court finds by a preponderance of the evidence that
27begin insert one or more ofend insert the statementsbegin delete in the petition are true, the court
28shall hold a hearing to consider whether toend delete
begin insert specified in clauses (i)
29to (iv), inclusive, of subparagraph (B) is true, the court shallend insert
recall
30the sentence and commitment previously ordered andbegin insert hold a
31hearingend insert
to resentence the defendant in the same manner as if the
32defendant had not previously been sentenced, provided that the
33new sentence, if any, is not greater than the initial sentence.
34Victims, or victim family members if the victim is deceased, shall
35retain the rights to participate in the hearing.

36(F) The factors that the court may consider when determining
37whether tobegin delete recall andend delete resentencebegin insert the defendant to a term of
38imprisonment with the possibility of paroleend insert
include, but are not
39limited to, the following:

P47   1(i) The defendant was convicted pursuant to felony murder or
2aiding and abetting murder provisions of law.

3(ii) The defendant does not have juvenile felony adjudications
4for assault or other felony crimes with a significant potential for
5personal harm to victims prior to the offense for which thebegin delete sentence
6is being considered for recall.end delete
begin insert defendant was sentenced to life
7without the possibility of parole.end insert

8(iii) The defendant committed the offense with at least one adult
9codefendant.

10(iv) Prior to the offense for which thebegin delete sentence is being
11considered for recall,end delete
begin insert defendant was sentenced to life without the
12possibility of parole,end insert
the defendant had insufficient adult support
13or supervision and had suffered from psychological or physical
14trauma, or significant stress.

15(v) The defendant suffers from cognitive limitations due to
16mental illness, developmental disabilities, or other factors that did
17not constitute a defense, but influenced the defendant’s
18involvement in the offense.

19(vi) The defendant has performed acts that tend to indicate
20rehabilitation or the potential for rehabilitation, including, but not
21limited to, availing himself or herself of rehabilitative, educational,
22or vocational programs, if those programs have been available at
23his or her classification level and facility, using self-study for
24self-improvement, or showing evidence of remorse.

25(vii) The defendant has maintained family ties or connections
26with others through letter writing, calls, or visits, or has eliminated
27contact with individuals outside of prison who are currently
28involved with crime.

29(viii) The defendant has had no disciplinary actions for violent
30activities in the last five years in which the defendant was
31determined to be the aggressor.

32(G) The court shall have the discretionbegin delete to recall the sentence
33and commitment previously ordered andend delete
to resentence the
34defendant in the same manner as if the defendant had not
35previously been sentenced, provided that the new sentence, if any,
36is not greater than the initial sentence. The discretion of the court
37shall be exercised in consideration of the criteria in subparagraph
38begin delete (B).end deletebegin insert (F).end insert Victims, or victim family members if the victim is
39deceased, shall be notified of the resentencing hearing and shall
40retain their rights to participate in the hearing.

P48   1(H) If the sentence is notbegin delete recalled,end deletebegin insert recalled or the defendant is
2resentenced to imprisonment for life without the possibility of
3parole,end insert
the defendant may submit another petition for recall and
4resentencing to the sentencing court when the defendant has been
5committed to the custody of the department for at least 20 years.
6Ifbegin delete recall and resentencing is not grantedend deletebegin insert end insertbegin insertthe sentence is not recalled
7or the defendant is resentenced to imprisonment for life without
8the possibility of paroleend insert
under that petition, the defendant may file
9another petition after having served 24 years. The final petition
10may be submitted, and the response to that petition shall be
11determined, during the 25th year of the defendant’s sentence.

12(I) In addition to the criteria in subparagraph (F), the court may
13consider any other criteria that the court deems relevant to its
14decision, so long as the court identifies them on the record,
15provides a statement of reasons for adopting them, and states why
16the defendant does or does not satisfy the criteria.

17(J) This subdivision shall have retroactive application.

begin insert

18
(K) Nothing in this paragraph is intended to diminish or
19abrogate any rights or remedies otherwise available to the
20defendant.

end insert

21(e) (1) Notwithstanding any other law and consistent with
22paragraph (1) of subdivision (a), if the secretary or the Board of
23Parole Hearings or both determine that a prisoner satisfies the
24criteria set forth in paragraph (2), the secretary or the board may
25recommend to the court that the prisoner’s sentence be recalled.

26(2) The court shall have the discretion to resentence or recall if
27the court finds that the facts described in subparagraphs (A) and
28(B) or subparagraphs (B) and (C) exist:

29(A) The prisoner is terminally ill with an incurable condition
30caused by an illness or disease that would produce death within
31six months, as determined by a physician employed by the
32department.

33(B) The conditions under which the prisoner would be released
34or receive treatment do not pose a threat to public safety.

35(C) The prisoner is permanently medically incapacitated with
36a medical condition that renders him or her permanently unable
37to perform activities of basic daily living, and results in the prisoner
38requiring 24-hour total care, including, but not limited to, coma,
39persistent vegetative state, brain death, ventilator-dependency, loss
P49   1of control of muscular or neurological function, and that
2incapacitation did not exist at the time of the original sentencing.

3The Board of Parole Hearings shall make findings pursuant to
4this subdivision before making a recommendation for resentence
5or recall to the court. This subdivision does not apply to a prisoner
6sentenced to death or a term of life without the possibility of parole.

7(3) Within 10 days of receipt of a positive recommendation by
8the secretary or the board, the court shall hold a hearing to consider
9whether the prisoner’s sentence should be recalled.

10(4) Any physician employed by the department who determines
11that a prisoner has six months or less to live shall notify the chief
12medical officer of the prognosis. If the chief medical officer
13concurs with the prognosis, he or she shall notify the warden.
14Within 48 hours of receiving notification, the warden or the
15warden’s representative shall notify the prisoner of the recall and
16resentencing procedures, and shall arrange for the prisoner to
17designate a family member or other outside agent to be notified
18as to the prisoner’s medical condition and prognosis, and as to the
19recall and resentencing procedures. If the inmate is deemed
20mentally unfit, the warden or the warden’s representative shall
21contact the inmate’s emergency contact and provide the information
22described in paragraph (2).

23(5) The warden or the warden’s representative shall provide the
24prisoner and his or her family member, agent, or emergency
25contact, as described in paragraph (4), updated information
26throughout the recall and resentencing process with regard to the
27prisoner’s medical condition and the status of the prisoner’s recall
28and resentencing proceedings.

29(6) Notwithstanding any other provisions of this section, the
30prisoner or his or her family member or designee may
31independently request consideration for recall and resentencing
32by contacting the chief medical officer at the prison or the
33secretary. Upon receipt of the request, the chief medical officer
34and the warden or the warden’s representative shall follow the
35procedures described in paragraph (4). If the secretary determines
36that the prisoner satisfies the criteria set forth in paragraph (2), the
37secretary or board may recommend to the court that the prisoner’s
38sentence be recalled. The secretary shall submit a recommendation
39for release within 30 days in the case of inmates sentenced to
40determinate terms and, in the case of inmates sentenced to
P50   1indeterminate terms, the secretary shall make a recommendation
2to the Board of Parole Hearings with respect to the inmates who
3have applied under this section. The board shall consider this
4 information and make an independent judgment pursuant to
5paragraph (2) and make findings related thereto before rejecting
6the request or making a recommendation to the court. This action
7shall be taken at the next lawfully noticed board meeting.

8(7) Any recommendation for recall submitted to the court by
9the secretary or the Board of Parole Hearings shall include one or
10more medical evaluations, a postrelease plan, and findings pursuant
11to paragraph (2).

12(8) If possible, the matter shall be heard before the same judge
13of the court who sentenced the prisoner.

14(9) If the court grants the recall and resentencing application,
15the prisoner shall be released by the department within 48 hours
16of receipt of the court’s order, unless a longer time period is agreed
17to by the inmate. At the time of release, the warden or the warden’s
18representative shall ensure that the prisoner has each of the
19following in his or her possession: a discharge medical summary,
20full medical records, state identification, parole or postrelease
21community supervision medications, and all property belonging
22to the prisoner. After discharge, any additional records shall be
23sent to the prisoner’s forwarding address.

24(10) The secretary shall issue a directive to medical and
25correctional staff employed by the department that details the
26guidelines and procedures for initiating a recall and resentencing
27procedure. The directive shall clearly state that any prisoner who
28is given a prognosis of six months or less to live is eligible for
29recall and resentencing consideration, and that recall and
30resentencing procedures shall be initiated upon that prognosis.

31(11) The provisions of this subdivision shall be available to an
32inmate who is sentenced to a county jail pursuant to subdivision
33(h). For purposes of those inmates, “secretary” or “warden” shall
34mean the county correctional administrator and “chief medical
35officer” shall mean a physician designated by the county
36correctional administrator for this purpose.

37(f) Notwithstanding any other provision of this section, for
38purposes of paragraph (3) of subdivision (h), any allegation that
39a defendant is eligible for state prison due to a prior or current
40conviction, sentence enhancement, or because he or she is required
P51   1to register as a sex offender shall not be subject to dismissal
2pursuant to Section 1385.

3(g) A sentence to state prison for a determinate term for which
4only one term is specified, is a sentence to state prison under this
5section.

6(h) (1) Except as provided in paragraph (3), a felony punishable
7pursuant to this subdivision where the term is not specified in the
8underlying offense shall be punishable by a term of imprisonment
9in a county jail for 16 months, or two or three years.

10(2) Except as provided in paragraph (3), a felony punishable
11pursuant to this subdivision shall be punishable by imprisonment
12in a county jail for the term described in the underlying offense.

13(3) Notwithstanding paragraphs (1) and (2), where the defendant
14(A) has a prior or current felony conviction for a serious felony
15described in subdivision (c) of Section 1192.7 or a prior or current
16conviction for a violent felony described in subdivision (c) of
17Section 667.5, (B) has a prior felony conviction in another
18jurisdiction for an offense that has all the elements of a serious
19felony described in subdivision (c) of Section 1192.7 or a violent
20felony described in subdivision (c) of Section 667.5, (C) is required
21to register as a sex offender pursuant to Chapter 5.5 (commencing
22with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
23and as part of the sentence an enhancement pursuant to Section
24186.11 is imposed, an executed sentence for a felony punishable
25pursuant to this subdivision shall be served in state prison.

26(4) Nothing in this subdivision shall be construed to prevent
27other dispositions authorized by law, including pretrial diversion,
28deferred entry of judgment, or an order granting probation pursuant
29to Section 1203.1.

30(5) (A) Unless the court finds that, in the interests of justice, it
31is not appropriate in a particular case, the court, when imposing a
32sentence pursuant to paragraph (1) or (2), shall suspend execution
33of a concluding portion of the term for a period selected at the
34court’s discretion.

35(B) The portion of a defendant’s sentenced term that is
36suspended pursuant to this paragraph shall be known as mandatory
37supervision, and, unless otherwise ordered by the court, shall
38commence upon release from physical custody or an alternative
39custody program, whichever is later. During the period of
40mandatory supervision, the defendant shall be supervised by the
P52   1county probation officer in accordance with the terms, conditions,
2and procedures generally applicable to persons placed on probation,
3for the remaining unserved portion of the sentence imposed by the
4court. The period of supervision shall be mandatory, and may not
5be earlier terminated except by court order. Any proceeding to
6revoke or modify mandatory supervision under this subparagraph
7shall be conducted pursuant to either subdivisions (a) and (b) of
8Section 1203.2 or Section 1203.3. During the period when the
9defendant is under that supervision, unless in actual custody related
10to the sentence imposed by the court, the defendant shall be entitled
11to only actual time credit against the term of imprisonment imposed
12by the court. Any time period which is suspended because a person
13has absconded shall not be credited toward the period of
14supervision.

15(6) The sentencing changes made by the act that added this
16subdivision shall be applied prospectively to any person sentenced
17on or after October 1, 2011.

18(7) The sentencing changes made to paragraph (5) by the act
19that added this paragraph shall become effective and operative on
20January 1, 2015, and shall be applied prospectively to any person
21sentenced on or after January 1, 2015.

22(i) This section shall remain in effect only until January 1,begin delete 2017,end delete
23begin insert 2022,end insert and as of that date is repealed, unless a later enacted statute,
24that is enacted beforebegin delete that date,end deletebegin insert January 1, 2022,end insert deletes or extends
25that date.

26

SEC. 6.  

Section 1170 of the Penal Code, as amended by Section
272 of Chapter 378 of the Statutes of 2015, is amended to read:

28

1170.  

(a) (1) The Legislature finds and declares that the
29purpose of imprisonment for crime is punishment. This purpose
30is best served by terms proportionate to the seriousness of the
31offense with provision for uniformity in the sentences of offenders
32committing the same offense under similar circumstances. The
33Legislature further finds and declares that the elimination of
34disparity and the provision of uniformity of sentences can best be
35achieved by determinate sentences fixed by statute in proportion
36to the seriousness of the offense as determined by the Legislature
37to be imposed by the court with specified discretion.

38(2) Notwithstanding paragraph (1), the Legislature further finds
39and declares that programs should be available for inmates,
40 including, but not limited to, educational programs, that are
P53   1designed to prepare nonviolent felony offenders for successful
2reentry into the community. The Legislature encourages the
3development of policies and programs designed to educate and
4rehabilitate nonviolent felony offenders. In implementing this
5section, the Department of Corrections and Rehabilitation is
6encouraged to give priority enrollment in programs to promote
7successful return to the community to an inmate with a short
8remaining term of commitment and a release date that would allow
9him or her adequate time to complete the program.

10(3) In any case in which the punishment prescribed by statute
11for a person convicted of a public offense is a term of imprisonment
12in the state prison, or a term pursuant to subdivision (h), of any
13specification of three time periods, the court shall sentence the
14defendant to one of the terms of imprisonment specified unless
15the convicted person is given any other disposition provided by
16law, including a fine, jail, probation, or the suspension of
17imposition or execution of sentence or is sentenced pursuant to
18subdivision (b) of Section 1168 because he or she had committed
19his or her crime prior to July 1, 1977. In sentencing the convicted
20person, the court shall apply the sentencing rules of the Judicial
21Council. The court, unless it determines that there are
22circumstances in mitigation of the punishment prescribed, shall
23also impose any other term that it is required by law to impose as
24an additional term. Nothing in this article shall affect any provision
25of law that imposes the death penalty, that authorizes or restricts
26the granting of probation or suspending the execution or imposition
27of sentence, or expressly provides for imprisonment in the state
28prison for life, except as provided in paragraph (2) of subdivision
29(d). In any case in which the amount of preimprisonment credit
30under Section 2900.5 or any other provision of law is equal to or
31 exceeds any sentence imposed pursuant to this chapter, except for
32a remaining portion of mandatory supervision imposed pursuant
33to subparagraph (B) of paragraph (5) of subdivision (h), the entire
34sentence shall be deemed to have been served, except for the
35remaining period of mandatory supervision, and the defendant
36shall not be actually delivered to the custody of the secretary or
37the county correctional administrator. The court shall advise the
38defendant that he or she shall serve an applicable period of parole,
39postrelease community supervision, or mandatory supervision and
40order the defendant to report to the parole or probation office
P54   1closest to the defendant’s last legal residence, unless the in-custody
2credits equal the total sentence, including both confinement time
3and the period of parole, postrelease community supervision, or
4mandatory supervision. The sentence shall be deemed a separate
5prior prison term or a sentence of imprisonment in a county jail
6under subdivision (h) for purposes of Section 667.5, and a copy
7of the judgment and other necessary documentation shall be
8forwarded to the secretary.

9(b) When a judgment of imprisonment is to be imposed and the
10statute specifies three possible terms, the court shall order
11imposition of the middle term, unless there are circumstances in
12aggravation or mitigation of the crime. At least four days prior to
13the time set for imposition of judgment, either party or the victim,
14or the family of the victim if the victim is deceased, may submit
15a statement in aggravation or mitigation to dispute facts in the
16record or the probation officer’s report, or to present additional
17facts. In determining whether there are circumstances that justify
18imposition of the upper or lower term, the court may consider the
19record in the case, the probation officer’s report, other reports,
20including reports received pursuant to Section 1203.03, and
21statements in aggravation or mitigation submitted by the
22prosecution, the defendant, or the victim, or the family of the victim
23if the victim is deceased, and any further evidence introduced at
24the sentencing hearing. The court shall set forth on the record the
25facts and reasons for imposing the upper or lower term. The court
26may not impose an upper term by using the fact of any
27enhancement upon which sentence is imposed under any provision
28of law. A term of imprisonment shall not be specified if imposition
29of sentence is suspended.

30(c) The court shall state the reasons for its sentence choice on
31the record at the time of sentencing. The court shall also inform
32the defendant that as part of the sentence after expiration of the
33term he or she may be on parole for a period as provided in Section
343000 or 3000.08 or postrelease community supervision for a period
35as provided in Section 3451.

36(d) (1) When a defendant subject to this section or subdivision
37(b) of Section 1168 has been sentenced to be imprisoned in the
38state prison or county jail pursuant to subdivision (h) and has been
39committed to the custody of the secretary or the county correctional
40administrator, the court may, within 120 days of the date of
P55   1commitment on its own motion, or at any time upon the
2recommendation of the secretary or the Board of Parole Hearings
3in the case of state prison inmates, or the county correctional
4administrator in the case of county jail inmates, recall the sentence
5and commitment previously ordered and resentence the defendant
6in the same manner as if he or she had not previously been
7sentenced, provided the new sentence, if any, is no greater than
8the initial sentence. The court resentencing under this subdivision
9shall apply the sentencing rules of the Judicial Council so as to
10eliminate disparity of sentences and to promote uniformity of
11sentencing. Credit shall be given for time served.

12(2) (A) (i) When a defendant who was under 18 years of age
13at the time of the commission of the offense for which the
14defendant was sentenced to imprisonment for life without the
15possibility of parole has served at least 15 years of that sentence,
16the defendant may submit to the sentencing court a petition for
17recall and resentencing.

18(ii) Notwithstanding clause (i), this paragraph shall not apply
19to defendants sentenced to life without parole for an offense where
20the defendant tortured, as described in Section 206, his or her
21victim or the victim was a public safety official, including any law
22enforcement personnel mentioned in Chapter 4.5 (commencing
23with Section 830) of Title 3, or any firefighter as described in
24Section 245.1, as well as any other officer in any segment of law
25enforcement who is employed by the federal government, the state,
26or any of its political subdivisions.

27(B) The defendant shall file the original petition with the
28sentencing court. A copy of the petition shall be served on the
29agency that prosecuted the case. The petition shall include the
30defendant’s statement that he or she was under 18 years of age at
31the time of the crime and was sentenced to life in prison without
32the possibility of parole, the defendant’s statement describing his
33or her remorse and work towards rehabilitation, and the defendant’s
34statement that one of the following is true:

35(i) The defendant was convicted pursuant to felony murder or
36aiding and abetting murder provisions of law.

37(ii) The defendant does not have juvenile felony adjudications
38for assault or other felony crimes with a significant potential for
39personal harm to victims prior to the offense for which the sentence
40is being considered for recall.

P56   1(iii) The defendant committed the offense with at least one adult
2codefendant.

3(iv) The defendant has performed acts that tend to indicate
4rehabilitation or the potential for rehabilitation, including, but not
5limited to, availing himself or herself of rehabilitative, educational,
6or vocational programs, if those programs have been available at
7his or her classification level and facility, using self-study for
8self-improvement, or showing evidence of remorse.

9(C) If any of the information required in subparagraph (B) is
10missing from the petition, or if proof of service on the prosecuting
11agency is not provided, the court shall return the petition to the
12defendant and advise the defendant that the matter cannot be
13considered without the missing information.

14(D) A reply to the petition, if any, shall be filed with the court
15within 60 days of the date on which the prosecuting agency was
16served with the petition, unless a continuance is granted for good
17cause.

18(E) If the court finds by a preponderance of the evidence that
19the statements in the petition are true, the court shall hold a hearing
20to consider whether to recall the sentence and commitment
21previously ordered and to resentence the defendant in the same
22manner as if the defendant had not previously been sentenced,
23provided that the new sentence, if any, is not greater than the initial
24sentence. Victims, or victim family members if the victim is
25deceased, shall retain the rights to participate in the hearing.

26(F) The factors that the court may consider when determining
27whether to recall and resentence include, but are not limited to,
28the following:

29(i) The defendant was convicted pursuant to felony murder or
30aiding and abetting murder provisions of law.

31(ii) The defendant does not have juvenile felony adjudications
32for assault or other felony crimes with a significant potential for
33personal harm to victims prior to the offense for which the sentence
34is being considered for recall.

35(iii) The defendant committed the offense with at least one adult
36codefendant.

37(iv) Prior to the offense for which the sentence is being
38considered for recall, the defendant had insufficient adult support
39or supervision and had suffered from psychological or physical
40trauma, or significant stress.

P57   1(v) The defendant suffers from cognitive limitations due to
2 mental illness, developmental disabilities, or other factors that did
3not constitute a defense, but influenced the defendant’s
4involvement in the offense.

5(vi) The defendant has performed acts that tend to indicate
6rehabilitation or the potential for rehabilitation, including, but not
7limited to, availing himself or herself of rehabilitative, educational,
8or vocational programs, if those programs have been available at
9his or her classification level and facility, using self-study for
10self-improvement, or showing evidence of remorse.

11(vii) The defendant has maintained family ties or connections
12with others through letter writing, calls, or visits, or has eliminated
13contact with individuals outside of prison who are currently
14involved with crime.

15(viii) The defendant has had no disciplinary actions for violent
16 activities in the last five years in which the defendant was
17determined to be the aggressor.

18(G) The court shall have the discretion to recall the sentence
19and commitment previously ordered and to resentence the
20defendant in the same manner as if the defendant had not
21previously been sentenced, provided that the new sentence, if any,
22is not greater than the initial sentence. The discretion of the court
23shall be exercised in consideration of the criteria in subparagraph
24(B). Victims, or victim family members if the victim is deceased,
25shall be notified of the resentencing hearing and shall retain their
26rights to participate in the hearing.

27(H) If the sentence is not recalled, the defendant may submit
28another petition for recall and resentencing to the sentencing court
29when the defendant has been committed to the custody of the
30department for at least 20 years. If recall and resentencing is not
31granted under that petition, the defendant may file another petition
32after having served 24 years. The final petition may be submitted,
33and the response to that petition shall be determined, during the
3425th year of the defendant’s sentence.

35(I) In addition to the criteria in subparagraph (F), the court may
36consider any other criteria that the court deems relevant to its
37decision, so long as the court identifies them on the record,
38provides a statement of reasons for adopting them, and states why
39the defendant does or does not satisfy the criteria.

40(J) This subdivision shall have retroactive application.

P58   1(e) (1) Notwithstanding any other law and consistent with
2paragraph (1) of subdivision (a), if the secretary or the Board of
3Parole Hearings or both determine that a prisoner satisfies the
4criteria set forth in paragraph (2), the secretary or the board may
5recommend to the court that the prisoner’s sentence be recalled.

6(2) The court shall have the discretion to resentence or recall if
7the court finds that the facts described in subparagraphs (A) and
8(B) or subparagraphs (B) and (C) exist:

9(A) The prisoner is terminally ill with an incurable condition
10caused by an illness or disease that would produce death within
11six months, as determined by a physician employed by the
12department.

13(B) The conditions under which the prisoner would be released
14or receive treatment do not pose a threat to public safety.

15(C) The prisoner is permanently medically incapacitated with
16a medical condition that renders him or her permanently unable
17 to perform activities of basic daily living, and results in the prisoner
18requiring 24-hour total care, including, but not limited to, coma,
19persistent vegetative state, brain death, ventilator-dependency, loss
20of control of muscular or neurological function, and that
21incapacitation did not exist at the time of the original sentencing.

22The Board of Parole Hearings shall make findings pursuant to
23this subdivision before making a recommendation for resentence
24or recall to the court. This subdivision does not apply to a prisoner
25sentenced to death or a term of life without the possibility of parole.

26(3) Within 10 days of receipt of a positive recommendation by
27the secretary or the board, the court shall hold a hearing to consider
28whether the prisoner’s sentence should be recalled.

29(4) Any physician employed by the department who determines
30 that a prisoner has six months or less to live shall notify the chief
31medical officer of the prognosis. If the chief medical officer
32concurs with the prognosis, he or she shall notify the warden.
33Within 48 hours of receiving notification, the warden or the
34warden’s representative shall notify the prisoner of the recall and
35resentencing procedures, and shall arrange for the prisoner to
36designate a family member or other outside agent to be notified
37as to the prisoner’s medical condition and prognosis, and as to the
38recall and resentencing procedures. If the inmate is deemed
39mentally unfit, the warden or the warden’s representative shall
P59   1contact the inmate’s emergency contact and provide the information
2described in paragraph (2).

3(5) The warden or the warden’s representative shall provide the
4prisoner and his or her family member, agent, or emergency
5contact, as described in paragraph (4), updated information
6throughout the recall and resentencing process with regard to the
7prisoner’s medical condition and the status of the prisoner’s recall
8and resentencing proceedings.

9(6) Notwithstanding any other provisions of this section, the
10prisoner or his or her family member or designee may
11independently request consideration for recall and resentencing
12by contacting the chief medical officer at the prison or the
13secretary. Upon receipt of the request, the chief medical officer
14and the warden or the warden’s representative shall follow the
15procedures described in paragraph (4). If the secretary determines
16that the prisoner satisfies the criteria set forth in paragraph (2), the
17secretary or board may recommend to the court that the prisoner’s
18sentence be recalled. The secretary shall submit a recommendation
19for release within 30 days in the case of inmates sentenced to
20determinate terms and, in the case of inmates sentenced to
21indeterminate terms, the secretary shall make a recommendation
22to the Board of Parole Hearings with respect to the inmates who
23have applied under this section. The board shall consider this
24information and make an independent judgment pursuant to
25paragraph (2) and make findings related thereto before rejecting
26the request or making a recommendation to the court. This action
27shall be taken at the next lawfully noticed board meeting.

28(7) Any recommendation for recall submitted to the court by
29the secretary or the Board of Parole Hearings shall include one or
30more medical evaluations, a postrelease plan, and findings pursuant
31to paragraph (2).

32(8) If possible, the matter shall be heard before the same judge
33of the court who sentenced the prisoner.

34(9) If the court grants the recall and resentencing application,
35the prisoner shall be released by the department within 48 hours
36of receipt of the court’s order, unless a longer time period is agreed
37to by the inmate. At the time of release, the warden or the warden’s
38representative shall ensure that the prisoner has each of the
39following in his or her possession: a discharge medical summary,
40full medical records, state identification, parole or postrelease
P60   1community supervision medications, and all property belonging
2to the prisoner. After discharge, any additional records shall be
3sent to the prisoner’s forwarding address.

4(10) The secretary shall issue a directive to medical and
5correctional staff employed by the department that details the
6guidelines and procedures for initiating a recall and resentencing
7procedure. The directive shall clearly state that any prisoner who
8is given a prognosis of six months or less to live is eligible for
9recall and resentencing consideration, and that recall and
10resentencing procedures shall be initiated upon that prognosis.

11(11) The provisions of this subdivision shall be available to an
12inmate who is sentenced to a county jail pursuant to subdivision
13(h). For purposes of those inmates, “secretary” or “warden” shall
14mean the county correctional administrator and “chief medical
15officer” shall mean a physician designated by the county
16correctional administrator for this purpose.

17(f) Notwithstanding any other provision of this section, for
18purposes of paragraph (3) of subdivision (h), any allegation that
19a defendant is eligible for state prison due to a prior or current
20conviction, sentence enhancement, or because he or she is required
21to register as a sex offender shall not be subject to dismissal
22pursuant to Section 1385.

23(g) A sentence to state prison for a determinate term for which
24only one term is specified, is a sentence to state prison under this
25section.

26(h) (1) Except as provided in paragraph (3), a felony punishable
27pursuant to this subdivision where the term is not specified in the
28underlying offense shall be punishable by a term of imprisonment
29in a county jail for 16 months, or two or three years.

30(2) Except as provided in paragraph (3), a felony punishable
31pursuant to this subdivision shall be punishable by imprisonment
32in a county jail for the term described in the underlying offense.

33(3) Notwithstanding paragraphs (1) and (2), where the defendant
34(A) has a prior or current felony conviction for a serious felony
35described in subdivision (c) of Section 1192.7 or a prior or current
36conviction for a violent felony described in subdivision (c) of
37Section 667.5, (B) has a prior felony conviction in another
38 jurisdiction for an offense that has all the elements of a serious
39felony described in subdivision (c) of Section 1192.7 or a violent
40felony described in subdivision (c) of Section 667.5, (C) is required
P61   1to register as a sex offender pursuant to Chapter 5.5 (commencing
2with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
3and as part of the sentence an enhancement pursuant to Section
4186.11 is imposed, an executed sentence for a felony punishable
5pursuant to this subdivision shall be served in state prison.

6(4) Nothing in this subdivision shall be construed to prevent
7other dispositions authorized by law, including pretrial diversion,
8deferred entry of judgment, or an order granting probation pursuant
9to Section 1203.1.

10(5) (A) Unless the court finds, in the interest of justice, that it
11is not appropriate in a particular case, the court, when imposing a
12sentence pursuant to paragraph (1) or (2), shall suspend execution
13of a concluding portion of the term for a period selected at the
14court’s discretion.

15(B) The portion of a defendant’s sentenced term that is
16suspended pursuant to this paragraph shall be known as mandatory
17supervision, and, unless otherwise ordered by the court, shall
18commence upon release from physical custody or an alternative
19custody program, whichever is later. During the period of
20mandatory supervision, the defendant shall be supervised by the
21county probation officer in accordance with the terms, conditions,
22and procedures generally applicable to persons placed on probation,
23for the remaining unserved portion of the sentence imposed by the
24court. The period of supervision shall be mandatory, and may not
25be earlier terminated except by court order. Any proceeding to
26revoke or modify mandatory supervision under this subparagraph
27shall be conducted pursuant to either subdivisions (a) and (b) of
28Section 1203.2 or Section 1203.3. During the period when the
29defendant is under that supervision, unless in actual custody related
30to the sentence imposed by the court, the defendant shall be entitled
31to only actual time credit against the term of imprisonment imposed
32by the court. Any time period which is suspended because a person
33has absconded shall not be credited toward the period of
34supervision.

35(6) The sentencing changes made by the act that added this
36subdivision shall be applied prospectively to any person sentenced
37on or after October 1, 2011.

38(7) The sentencing changes made to paragraph (5) by the act
39that added this paragraph shall become effective and operative on
P62   1January 1, 2015, and shall be applied prospectively to any person
2sentenced on or after January 1, 2015.

3(i) This section shall become operative on January 1, 2022.

4begin insert

begin insertSEC. 6.1.end insert  

end insert

begin insertSection 1170 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
5Section 2 of Chapter 378 of the Statutes of 2015, is amended to
6read:end insert

7

1170.  

(a) (1) The Legislature finds and declares that the
8purpose of imprisonment for crime is punishment. This purpose
9is best served by terms proportionate to the seriousness of the
10offense with provision for uniformity in the sentences of offenders
11committing the same offense under similar circumstances. The
12Legislature further finds and declares that the elimination of
13disparity and the provision of uniformity of sentences can best be
14achieved by determinate sentences fixed by statute in proportion
15to the seriousness of the offense as determined by the Legislature
16to be imposed by the court with specified discretion.

17(2) Notwithstanding paragraph (1), the Legislature further finds
18and declares that programs should be available for inmates,
19 including, but not limited to, educational programs, that are
20designed to prepare nonviolent felony offenders for successful
21reentry into the community. The Legislature encourages the
22development of policies and programs designed to educate and
23rehabilitate nonviolent felony offenders. In implementing this
24section, the Department of Corrections and Rehabilitation is
25encouraged to give priority enrollment in programs to promote
26successful return to the community to an inmate with a short
27remaining term of commitment and a release date that would allow
28him or her adequate time to complete the program.

29(3) In any case in which the punishment prescribed by statute
30for a person convicted of a public offense is a term of imprisonment
31in the state prison, or a term pursuant to subdivision (h), of any
32specification of three time periods, the court shall sentence the
33defendant to one of the terms of imprisonment specified unless
34the convicted person is given any other disposition provided by
35law, including a fine, jail, probation, or the suspension of
36imposition or execution of sentence or is sentenced pursuant to
37subdivision (b) of Section 1168 because he or she had committed
38his or her crime prior to July 1, 1977. In sentencing the convicted
39person, the court shall apply the sentencing rules of the Judicial
40Council. The court, unless it determines that there are
P63   1circumstances in mitigation of the punishment prescribed, shall
2also impose any other term that it is required by law to impose as
3an additional term. Nothing in this article shall affect any provision
4of law that imposes the death penalty, that authorizes or restricts
5the granting of probation or suspending the execution or imposition
6of sentence, or expressly provides for imprisonment in the state
7prison for life, except as provided in paragraph (2) of subdivision
8(d). In any case in which the amount of preimprisonment credit
9under Section 2900.5 or any other provision of law is equal to or
10 exceeds any sentence imposed pursuant to this chapter, except for
11a remaining portion of mandatory supervision imposed pursuant
12to subparagraph (B) of paragraph (5) of subdivision (h), the entire
13sentence shall be deemed to have been served, except for the
14remaining period of mandatory supervision, and the defendant
15shall not be actually delivered to the custody of the secretary or
16the county correctional administrator. The court shall advise the
17defendant that he or she shall serve an applicable period of parole,
18postrelease community supervision, or mandatory supervision and
19order the defendant to report to the parole or probation office
20closest to the defendant’s last legal residence, unless the in-custody
21credits equal the total sentence, including both confinement time
22and the period of parole, postrelease community supervision, or
23mandatory supervision. The sentence shall be deemed a separate
24prior prison term or a sentence of imprisonment in a county jail
25under subdivision (h) for purposes of Section 667.5, and a copy
26of the judgment and other necessary documentation shall be
27forwarded to the secretary.

28(b) When a judgment of imprisonment is to be imposed and the
29statute specifies three possible terms, the court shall order
30imposition of the middle term, unless there are circumstances in
31aggravation or mitigation of the crime. At least four days prior to
32the time set for imposition of judgment, either party or the victim,
33or the family of the victim if the victim is deceased, may submit
34a statement in aggravation or mitigation to dispute facts in the
35record or the probation officer’s report, or to present additional
36facts. In determining whether there are circumstances that justify
37imposition of the upper or lower term, the court may consider the
38record in the case, the probation officer’s report, other reports,
39including reports received pursuant to Section 1203.03, and
40statements in aggravation or mitigation submitted by the
P64   1prosecution, the defendant, or the victim, or the family of the victim
2if the victim is deceased, and any further evidence introduced at
3the sentencing hearing. The court shall set forth on the record the
4facts and reasons for imposing the upper or lower term. The court
5may not impose an upper term by using the fact of any
6enhancement upon which sentence is imposed under any provision
7of law. A term of imprisonment shall not be specified if imposition
8of sentence is suspended.

9(c) The court shall state the reasons for its sentence choice on
10the record at the time of sentencing. The court shall also inform
11the defendant that as part of the sentence after expiration of the
12term he or she may be on parole for a period as provided in Section
133000 or 3000.08 or postrelease community supervision for a period
14as provided in Section 3451.

15(d) (1) When a defendant subject to this section or subdivision
16(b) of Section 1168 has been sentenced to be imprisoned in the
17state prison or county jail pursuant to subdivision (h) and has been
18committed to the custody of the secretary or the county correctional
19administrator, the court may, within 120 days of the date of
20commitment on its own motion, or at any time upon the
21recommendation of the secretary or the Board of Parole Hearings
22in the case of state prison inmates, or the county correctional
23administrator in the case of county jail inmates, recall the sentence
24and commitment previously ordered and resentence the defendant
25in the same manner as if he or she had not previously been
26sentenced, provided the new sentence, if any, is no greater than
27the initial sentence. The court resentencing under this subdivision
28shall apply the sentencing rules of the Judicial Council so as to
29eliminate disparity of sentences and to promote uniformity of
30sentencing. Credit shall be given for time served.

31(2) (A) (i) When a defendant who was under 18 years of age
32at the time of the commission of the offense for which the
33defendant was sentenced to imprisonment for life without the
34possibility of parole hasbegin delete servedend deletebegin insert been incarcerated forend insert at least 15
35begin delete years of that sentence,end deletebegin insert years,end insert the defendant may submit to the
36sentencing court a petition for recall and resentencing.

37(ii) Notwithstanding clause (i), this paragraph shall not apply
38to defendants sentenced to life without parole for an offense where
39begin insert it was pled and proved thatend insert the defendant tortured, as described
40in Section 206, his or her victim or the victim was a public safety
P65   1official, including any law enforcement personnel mentioned in
2Chapter 4.5 (commencing with Section 830) of Title 3, or any
3firefighter as described in Section 245.1, as well as any other officer
4in any segment of law enforcement who is employed by the federal
5government, the state, or any of its political subdivisions.

6(B) The defendant shall file the original petition with the
7sentencing court. A copy of the petition shall be served on the
8agency that prosecuted the case. The petition shall include the
9defendant’s statement that he or she was under 18 years of age at
10the time of the crime and was sentenced to life in prison without
11the possibility of parole, the defendant’s statement describing his
12or her remorse and work towards rehabilitation, and the defendant’s
13 statement that one of the following is true:

14(i) The defendant was convicted pursuant to felony murder or
15aiding and abetting murder provisions of law.

16(ii) The defendant does not have juvenile felony adjudications
17for assault or other felony crimes with a significant potential for
18personal harm to victims prior to the offense for which the sentence
19is being considered for recall.

20(iii) The defendant committed the offense with at least one adult
21codefendant.

22(iv) The defendant has performed acts that tend to indicate
23rehabilitation or the potential for rehabilitation, including, but not
24limited to, availing himself or herself of rehabilitative, educational,
25or vocational programs, if those programs have been available at
26his or her classification level and facility, using self-study for
27self-improvement, or showing evidence of remorse.

28(C) If any of the information required in subparagraph (B) is
29missing from the petition, or if proof of service on the prosecuting
30agency is not provided, the court shall return the petition to the
31defendant and advise the defendant that the matter cannot be
32considered without the missing information.

33(D) A reply to the petition, if any, shall be filed with the court
34within 60 days of the date on which the prosecuting agency was
35served with the petition, unless a continuance is granted for good
36cause.

37(E) If the court finds by a preponderance of the evidence that
38begin insert one or more ofend insert the statementsbegin delete in the petition are true, the court
39shall hold a hearing to consider whether toend delete
begin insert specified in clauses (i)
40to (iv), inclusive, of subparagraph (B) is true, the court shallend insert
recall
P66   1the sentence and commitment previously ordered andbegin insert hold a
2hearingend insert
to resentence the defendant in the same manner as if the
3defendant had not previously been sentenced, provided that the
4new sentence, if any, is not greater than the initial sentence.
5Victims, or victim family members if the victim is deceased, shall
6retain the rights to participate in the hearing.

7(F) The factors that the court may consider when determining
8whether tobegin delete recall andend delete resentencebegin insert the defendant to a term of
9imprisonment with the possibility of paroleend insert
include, but are not
10limited to, the following:

11(i) The defendant was convicted pursuant to felony murder or
12aiding and abetting murder provisions of law.

13(ii) The defendant does not have juvenile felony adjudications
14for assault or other felony crimes with a significant potential for
15personal harm to victims prior to the offense for which thebegin delete sentence
16is being considered for recall.end delete
begin insert defendant was sentenced to life
17without the possibility of parole.end insert

18(iii) The defendant committed the offense with at least one adult
19codefendant.

20(iv) Prior to the offense for which thebegin delete sentence is being
21considered for recall,end delete
begin insert defendant was sentenced to life without the
22possibility of parole,end insert
the defendant had insufficient adult support
23or supervision and had suffered from psychological or physical
24trauma, or significant stress.

25(v) The defendant suffers from cognitive limitations due to
26mental illness, developmental disabilities, or other factors that did
27not constitute a defense, but influenced the defendant’s
28involvement in the offense.

29(vi) The defendant has performed acts that tend to indicate
30rehabilitation or the potential for rehabilitation, including, but not
31limited to, availing himself or herself of rehabilitative, educational,
32or vocational programs, if those programs have been available at
33his or her classification level and facility, using self-study for
34self-improvement, or showing evidence of remorse.

35(vii) The defendant has maintained family ties or connections
36with others through letter writing, calls, or visits, or has eliminated
37contact with individuals outside of prison who are currently
38involved with crime.

P67   1(viii) The defendant has had no disciplinary actions for violent
2activities in the last five years in which the defendant was
3determined to be the aggressor.

4(G) The court shall have the discretionbegin delete to recall the sentence
5and commitment previously ordered andend delete
to resentence the
6defendant in the same manner as if the defendant had not
7previously been sentenced, provided that the new sentence, if any,
8is not greater than the initial sentence. The discretion of the court
9shall be exercised in consideration of the criteria in subparagraph
10begin delete (B).end deletebegin insert (F).end insert Victims, or victim family members if the victim is
11deceased, shall be notified of the resentencing hearing and shall
12retain their rights to participate in the hearing.

13(H) If the sentence is notbegin delete recalled,end deletebegin insert recalled or the defendant is
14resentenced to imprisonment for life without the possibility of
15parole,end insert
the defendant may submit another petition for recall and
16resentencing to the sentencing court when the defendant has been
17committed to the custody of the department for at least 20 years.
18Ifbegin delete recall and resentencing is not grantedend deletebegin insert the sentence is not recalled
19or the defendant is resentenced to imprisonment for life without
20the possibility of paroleend insert
under that petition, the defendant may file
21another petition after having served 24 years. The final petition
22may be submitted, and the response to that petition shall be
23determined, during the 25th year of the defendant’s sentence.

24(I) In addition to the criteria in subparagraph (F), the court may
25consider any other criteria that the court deems relevant to its
26decision, so long as the court identifies them on the record,
27provides a statement of reasons for adopting them, and states why
28the defendant does or does not satisfy the criteria.

29(J) This subdivision shall have retroactive application.

begin insert

30
(K) Nothing in this paragraph is intended to diminish or
31abrogate any rights or remedies otherwise available to the
32defendant.

end insert

33(e) (1) Notwithstanding any other law and consistent with
34paragraph (1) of subdivision (a), if the secretary or the Board of
35Parole Hearings or both determine that a prisoner satisfies the
36criteria set forth in paragraph (2), the secretary or the board may
37recommend to the court that the prisoner’s sentence be recalled.

38(2) The court shall have the discretion to resentence or recall if
39the court finds that the facts described in subparagraphs (A) and
40(B) or subparagraphs (B) and (C) exist:

P68   1(A) The prisoner is terminally ill with an incurable condition
2caused by an illness or disease that would produce death within
3six months, as determined by a physician employed by the
4department.

5(B) The conditions under which the prisoner would be released
6or receive treatment do not pose a threat to public safety.

7(C) The prisoner is permanently medically incapacitated with
8a medical condition that renders him or her permanently unable
9to perform activities of basic daily living, and results in the prisoner
10requiring 24-hour total care, including, but not limited to, coma,
11persistent vegetative state, brain death, ventilator-dependency, loss
12of control of muscular or neurological function, and that
13incapacitation did not exist at the time of the original sentencing.

14The Board of Parole Hearings shall make findings pursuant to
15this subdivision before making a recommendation for resentence
16or recall to the court. This subdivision does not apply to a prisoner
17sentenced to death or a term of life without the possibility of parole.

18(3) Within 10 days of receipt of a positive recommendation by
19the secretary or the board, the court shall hold a hearing to consider
20whether the prisoner’s sentence should be recalled.

21(4) Any physician employed by the department who determines
22that a prisoner has six months or less to live shall notify the chief
23medical officer of the prognosis. If the chief medical officer
24concurs with the prognosis, he or she shall notify the warden.
25Within 48 hours of receiving notification, the warden or the
26warden’s representative shall notify the prisoner of the recall and
27resentencing procedures, and shall arrange for the prisoner to
28designate a family member or other outside agent to be notified
29as to the prisoner’s medical condition and prognosis, and as to the
30recall and resentencing procedures. If the inmate is deemed
31mentally unfit, the warden or the warden’s representative shall
32contact the inmate’s emergency contact and provide the information
33described in paragraph (2).

34(5) The warden or the warden’s representative shall provide the
35prisoner and his or her family member, agent, or emergency
36contact, as described in paragraph (4), updated information
37throughout the recall and resentencing process with regard to the
38prisoner’s medical condition and the status of the prisoner’s recall
39and resentencing proceedings.

P69   1(6) Notwithstanding any other provisions of this section, the
2prisoner or his or her family member or designee may
3independently request consideration for recall and resentencing
4by contacting the chief medical officer at the prison or the
5secretary. Upon receipt of the request, the chief medical officer
6and the warden or the warden’s representative shall follow the
7procedures described in paragraph (4). If the secretary determines
8that the prisoner satisfies the criteria set forth in paragraph (2), the
9secretary or board may recommend to the court that the prisoner’s
10sentence be recalled. The secretary shall submit a recommendation
11for release within 30 days in the case of inmates sentenced to
12determinate terms and, in the case of inmates sentenced to
13indeterminate terms, the secretary shall make a recommendation
14to the Board of Parole Hearings with respect to the inmates who
15have applied under this section. The board shall consider this
16information and make an independent judgment pursuant to
17paragraph (2) and make findings related thereto before rejecting
18the request or making a recommendation to the court. This action
19shall be taken at the next lawfully noticed board meeting.

20(7) Any recommendation for recall submitted to the court by
21the secretary or the Board of Parole Hearings shall include one or
22more medical evaluations, a postrelease plan, and findings pursuant
23to paragraph (2).

24(8) If possible, the matter shall be heard before the same judge
25of the court who sentenced the prisoner.

26(9) If the court grants the recall and resentencing application,
27the prisoner shall be released by the department within 48 hours
28of receipt of the court’s order, unless a longer time period is agreed
29to by the inmate. At the time of release, the warden or the warden’s
30representative shall ensure that the prisoner has each of the
31following in his or her possession: a discharge medical summary,
32full medical records, state identification, parole or postrelease
33community supervision medications, and all property belonging
34to the prisoner. After discharge, any additional records shall be
35sent to the prisoner’s forwarding address.

36(10) The secretary shall issue a directive to medical and
37correctional staff employed by the department that details the
38guidelines and procedures for initiating a recall and resentencing
39procedure. The directive shall clearly state that any prisoner who
40is given a prognosis of six months or less to live is eligible for
P70   1recall and resentencing consideration, and that recall and
2resentencing procedures shall be initiated upon that prognosis.

3(11) The provisions of this subdivision shall be available to an
4inmate who is sentenced to a county jail pursuant to subdivision
5(h). For purposes of those inmates, “secretary” or “warden” shall
6mean the county correctional administrator and “chief medical
7officer” shall mean a physician designated by the county
8correctional administrator for this purpose.

9(f) Notwithstanding any other provision of this section, for
10purposes of paragraph (3) of subdivision (h), any allegation that
11a defendant is eligible for state prison due to a prior or current
12conviction, sentence enhancement, or because he or she is required
13to register as a sex offender shall not be subject to dismissal
14pursuant to Section 1385.

15(g) A sentence to state prison for a determinate term for which
16only one term is specified, is a sentence to state prison under this
17section.

18(h) (1) Except as provided in paragraph (3), a felony punishable
19pursuant to this subdivision where the term is not specified in the
20underlying offense shall be punishable by a term of imprisonment
21in a county jail for 16 months, or two or three years.

22(2) Except as provided in paragraph (3), a felony punishable
23pursuant to this subdivision shall be punishable by imprisonment
24in a county jail for the term described in the underlying offense.

25(3) Notwithstanding paragraphs (1) and (2), where the defendant
26(A) has a prior or current felony conviction for a serious felony
27described in subdivision (c) of Section 1192.7 or a prior or current
28conviction for a violent felony described in subdivision (c) of
29Section 667.5, (B) has a prior felony conviction in another
30jurisdiction for an offense that has all the elements of a serious
31felony described in subdivision (c) of Section 1192.7 or a violent
32felony described in subdivision (c) of Section 667.5, (C) is required
33to register as a sex offender pursuant to Chapter 5.5 (commencing
34with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
35and as part of the sentence an enhancement pursuant to Section
36186.11 is imposed, an executed sentence for a felony punishable
37pursuant to this subdivision shall be served in state prison.

38(4) Nothing in this subdivision shall be construed to prevent
39other dispositions authorized by law, including pretrial diversion,
P71   1deferred entry of judgment, or an order granting probation pursuant
2to Section 1203.1.

3(5) (A) Unless the court finds, in the interest of justice, that it
4is not appropriate in a particular case, the court, when imposing a
5sentence pursuant to paragraph (1) or (2), shall suspend execution
6of a concluding portion of the term for a period selected at the
7court’s discretion.

8(B) The portion of a defendant’s sentenced term that is
9suspended pursuant to this paragraph shall be known as mandatory
10supervision, and, unless otherwise ordered by the court, shall
11commence upon release from physical custody or an alternative
12custody program, whichever is later. During the period of
13mandatory supervision, the defendant shall be supervised by the
14county probation officer in accordance with the terms, conditions,
15and procedures generally applicable to persons placed on probation,
16for the remaining unserved portion of the sentence imposed by the
17court. The period of supervision shall be mandatory, and may not
18be earlier terminated except by court order. Any proceeding to
19revoke or modify mandatory supervision under this subparagraph
20shall be conducted pursuant to either subdivisions (a) and (b) of
21Section 1203.2 or Section 1203.3. During the period when the
22defendant is under that supervision, unless in actual custody related
23to the sentence imposed by the court, the defendant shall be entitled
24to only actual time credit against the term of imprisonment imposed
25by the court. Any time period which is suspended because a person
26has absconded shall not be credited toward the period of
27supervision.

28(6) The sentencing changes made by the act that added this
29subdivision shall be applied prospectively to any person sentenced
30on or after October 1, 2011.

31(7) The sentencing changes made to paragraph (5) by the act
32that added this paragraph shall become effective and operative on
33January 1, 2015, and shall be applied prospectively to any person
34sentenced on or after January 1, 2015.

35(i) This section shall become operative on January 1,begin delete 2017.end delete
36
begin insert 2022.end insert

37begin insert

begin insertSEC. 6.2.end insert  

end insert

begin insertSection 1170 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
38Section 2 of Chapter 378 of the Statutes of 2015, is amended to
39read:end insert

P72   1

1170.  

(a) (1) The Legislature finds and declares that the
2purpose ofbegin delete imprisonment for crime is punishment. Thisend deletebegin insert sentencing
3is public safety achieved through punishment, rehabilitation, and
4restorative justice. When a sentence includes incarceration, thisend insert

5 purpose is best served by termsbegin insert that areend insert proportionate to the
6seriousness of the offense with provision for uniformity in the
7sentences of offenders committing the same offense under similar
8circumstances.begin delete The Legislature further finds and declares that the
9elimination of disparity and the provision of uniformity of
10sentences can best be achieved by determinate sentences fixed by
11statute in proportion to the seriousness of the offense as determined
12by the Legislature to be imposed by the court with specified
13discretion.end delete

14(2) begin deleteNotwithstanding paragraph (1), the end deletebegin insertThe end insertLegislature further
15finds and declares that programs should be available for inmates,
16including, but not limited to,begin delete educational programs,end deletebegin insert educational,
17rehabilitative, and restorative justice programsend insert
that are designed
18begin insert to promote behavior change andend insert to preparebegin delete nonviolent felonyend deletebegin insert all
19eligibleend insert
offenders for successful reentry into the community. The
20Legislature encourages the development of policies and programs
21designed to educate and rehabilitatebegin delete nonviolent felonyend deletebegin insert all eligibleend insert
22 offenders. In implementing this section, the Department of
23Corrections and Rehabilitation is encouraged tobegin delete give priority
24enrollment in programs toend delete
begin insert allow all eligible inmates the opportunity
25to enroll in programs thatend insert
promote successful return to the
26
begin delete community to an inmate with a short remaining term of
27commitment and a release date that would allow him or her
28adequate time to complete the program.end delete
begin insert community. The
29Department of Corrections and Rehabilitation is directed to
30establish a mission statement consistent with these principles.end insert

31(3) In any case in which thebegin delete punishmentend deletebegin insert sentenceend insert prescribed by
32statute for a person convicted of a public offense is a term of
33imprisonment in the state prison, or a term pursuant to subdivision
34(h), of any specification of three time periods, the court shall
35sentence the defendant to one of the terms of imprisonment
36specified unless the convicted person is given any other disposition
37provided by law, including a fine, jail, probation, or the suspension
38of imposition or execution of sentence or is sentenced pursuant to
39subdivision (b) of Section 1168 because he or she had committed
40his or her crime prior to July 1, 1977. In sentencing the convicted
P73   1person, the court shall apply the sentencing rules of the Judicial
2Council. The court, unless it determines that there are
3circumstances in mitigation of thebegin delete punishmentend deletebegin insert sentenceend insert prescribed,
4shall also impose any other term that it is required by law to impose
5as an additional term. Nothing in this article shall affect any
6provision of law that imposes the death penalty, that authorizes or
7restricts the granting of probation or suspending the execution or
8imposition of sentence, or expressly provides for imprisonment in
9the state prison for life, except as provided in paragraph (2) of
10subdivision (d). In any case in which the amount of
11preimprisonment credit under Section 2900.5 or any other provision
12of law is equal to or exceeds any sentence imposed pursuant to
13this chapter, except for a remaining portion of mandatory
14supervision imposed pursuant to subparagraph (B) of paragraph
15(5) of subdivision (h), the entire sentence shall be deemed to have
16been served, except for the remaining period of mandatory
17supervision, and the defendant shall not be actually delivered to
18the custody of the secretary or the county correctional
19administrator. The court shall advise the defendant that he or she
20shall serve an applicable period of parole, postrelease community
21supervision, or mandatory supervision and order the defendant to
22report to the parole or probation office closest to the defendant’s
23last legal residence, unless the in-custody credits equal the total
24sentence, including both confinement time and the period of parole,
25postrelease community supervision, or mandatory supervision.
26The sentence shall be deemed a separate prior prison term or a
27sentence of imprisonment in a county jail under subdivision (h)
28for purposes of Section 667.5, and a copy of the judgment and
29other necessary documentation shall be forwarded to the secretary.

30(b) When a judgment of imprisonment is to be imposed and the
31statute specifies three possible terms, the court shall order
32imposition of the middle term, unless there are circumstances in
33aggravation or mitigation of the crime. At least four days prior to
34the time set for imposition of judgment, either party or the victim,
35or the family of the victim if the victim is deceased, may submit
36a statement in aggravation or mitigation to dispute facts in the
37record or the probation officer’s report, or to present additional
38facts. In determining whether there are circumstances that justify
39imposition of the upper or lower term, the court may consider the
40record in the case, the probation officer’s report, other reports,
P74   1including reports received pursuant to Section 1203.03, and
2statements in aggravation or mitigation submitted by the
3prosecution, the defendant, or the victim, or the family of the victim
4if the victim is deceased, and any further evidence introduced at
5the sentencing hearing. The court shall set forth on the record the
6facts and reasons for imposing the upper or lower term. The court
7may not impose an upper term by using the fact of any
8enhancement upon which sentence is imposed under any provision
9of law. A term of imprisonment shall not be specified if imposition
10of sentence is suspended.

11(c) The court shall state the reasons for its sentence choice on
12the record at the time of sentencing. The court shall also inform
13the defendant that as part of the sentence after expiration of the
14term he or she may be on parole for a period as provided in Section
153000 or 3000.08 or postrelease community supervision for a period
16as provided in Section 3451.

17(d) (1) When a defendant subject to this section or subdivision
18 (b) of Section 1168 has been sentenced to be imprisoned in the
19state prison or county jail pursuant to subdivision (h) and has been
20committed to the custody of the secretary or the county correctional
21administrator, the court may, within 120 days of the date of
22commitment on its own motion, or at any time upon the
23recommendation of the secretary or the Board of Parole Hearings
24in the case of state prison inmates, or the county correctional
25administrator in the case of county jail inmates, recall the sentence
26and commitment previously ordered and resentence the defendant
27in the same manner as if he or she had not previously been
28sentenced, provided the new sentence, if any, is no greater than
29the initial sentence. The court resentencing under this subdivision
30shall apply the sentencing rules of the Judicial Council so as to
31eliminate disparity of sentences and to promote uniformity of
32sentencing. Credit shall be given for time served.

33(2) (A) (i) When a defendant who was under 18 years of age
34at the time of the commission of the offense for which the
35defendant was sentenced to imprisonment for life without the
36possibility of parole has served at least 15 years of that sentence,
37the defendant may submit to the sentencing court a petition for
38recall and resentencing.

39(ii) Notwithstanding clause (i), this paragraph shall not apply
40to defendants sentenced to life without parole for an offense where
P75   1the defendant tortured, as described in Section 206, his or her
2victim or the victim was a public safety official, including any law
3enforcement personnel mentioned in Chapter 4.5 (commencing
4with Section 830) of Title 3, or any firefighter as described in
5Section 245.1, as well as any other officer in any segment of law
6enforcement who is employed by the federal government, the state,
7or any of its political subdivisions.

8(B) The defendant shall file the original petition with the
9sentencing court. A copy of the petition shall be served on the
10agency that prosecuted the case. The petition shall include the
11defendant’s statement that he or she was under 18 years of age at
12the time of the crime and was sentenced to life in prison without
13the possibility of parole, the defendant’s statement describing his
14or her remorse and work towards rehabilitation, and the defendant’s
15statement that one of the following is true:

16(i) The defendant was convicted pursuant to felony murder or
17aiding and abetting murder provisions of law.

18(ii) The defendant does not have juvenile felony adjudications
19for assault or other felony crimes with a significant potential for
20personal harm to victims prior to the offense for which the sentence
21is being considered for recall.

22(iii) The defendant committed the offense with at least one adult
23codefendant.

24(iv) The defendant has performed acts that tend to indicate
25rehabilitation or the potential for rehabilitation, including, but not
26limited to, availing himself or herself of rehabilitative, educational,
27or vocational programs, if those programs have been available at
28his or her classification level and facility, using self-study for
29self-improvement, or showing evidence of remorse.

30(C) If any of the information required in subparagraph (B) is
31missing from the petition, or if proof of service on the prosecuting
32agency is not provided, the court shall return the petition to the
33defendant and advise the defendant that the matter cannot be
34considered without the missing information.

35(D) A reply to the petition, if any, shall be filed with the court
36within 60 days of the date on which the prosecuting agency was
37served with the petition, unless a continuance is granted for good
38cause.

39(E) If the court finds by a preponderance of the evidence that
40the statements in the petition are true, the court shall hold a hearing
P76   1to consider whether to recall the sentence and commitment
2previously ordered and to resentence the defendant in the same
3manner as if the defendant had not previously been sentenced,
4provided that the new sentence, if any, is not greater than the initial
5sentence. Victims, or victim family members if the victim is
6deceased, shall retain the rights to participate in the hearing.

7(F) The factors that the court may consider when determining
8whether to recall and resentence include, but are not limited to,
9the following:

10(i) The defendant was convicted pursuant to felony murder or
11aiding and abetting murder provisions of law.

12(ii) The defendant does not have juvenile felony adjudications
13for assault or other felony crimes with a significant potential for
14personal harm to victims prior to the offense for which the sentence
15is being considered for recall.

16(iii) The defendant committed the offense with at least one adult
17codefendant.

18(iv) Prior to the offense for which the sentence is being
19considered for recall, the defendant had insufficient adult support
20or supervision and had suffered from psychological or physical
21trauma, or significant stress.

22(v) The defendant suffers from cognitive limitations due to
23 mental illness, developmental disabilities, or other factors that did
24not constitute a defense, but influenced the defendant’s
25involvement in the offense.

26(vi) The defendant has performed acts that tend to indicate
27rehabilitation or the potential for rehabilitation, including, but not
28limited to, availing himself or herself of rehabilitative, educational,
29or vocational programs, if those programs have been available at
30his or her classification level and facility, using self-study for
31self-improvement, or showing evidence of remorse.

32(vii) The defendant has maintained family ties or connections
33with others through letter writing, calls, or visits, or has eliminated
34contact with individuals outside of prison who are currently
35involved with crime.

36(viii) The defendant has had no disciplinary actions for violent
37 activities in the last five years in which the defendant was
38determined to be the aggressor.

39(G) The court shall have the discretion to recall the sentence
40and commitment previously ordered and to resentence the
P77   1defendant in the same manner as if the defendant had not
2previously been sentenced, provided that the new sentence, if any,
3is not greater than the initial sentence. The discretion of the court
4shall be exercised in consideration of the criteria in subparagraph
5(B). Victims, or victim family members if the victim is deceased,
6shall be notified of the resentencing hearing and shall retain their
7rights to participate in the hearing.

8(H) If the sentence is not recalled, the defendant may submit
9another petition for recall and resentencing to the sentencing court
10when the defendant has been committed to the custody of the
11department for at least 20 years. If recall and resentencing is not
12granted under that petition, the defendant may file another petition
13after having served 24 years. The final petition may be submitted,
14and the response to that petition shall be determined, during the
1525th year of the defendant’s sentence.

16(I) In addition to the criteria in subparagraph (F), the court may
17consider any other criteria that the court deems relevant to its
18decision, so long as the court identifies them on the record,
19provides a statement of reasons for adopting them, and states why
20the defendant does or does not satisfy the criteria.

21(J) This subdivision shall have retroactive application.

22(e) (1) Notwithstanding any other law and consistent with
23paragraph (1) of subdivision (a), if the secretary or the Board of
24Parole Hearings or both determine that a prisoner satisfies the
25criteria set forth in paragraph (2), the secretary or the board may
26recommend to the court that the prisoner’s sentence be recalled.

27(2) The court shall have the discretion to resentence or recall if
28the court finds that the facts described in subparagraphs (A) and
29(B) or subparagraphs (B) and (C) exist:

30(A) The prisoner is terminally ill with an incurable condition
31caused by an illness or disease that would produce death within
32six months, as determined by a physician employed by the
33department.

34(B) The conditions under which the prisoner would be released
35or receive treatment do not pose a threat to public safety.

36(C) The prisoner is permanently medically incapacitated with
37a medical condition that renders him or her permanently unable
38 to perform activities of basic daily living, and results in the prisoner
39requiring 24-hour total care, including, but not limited to, coma,
40persistent vegetative state, brain death, ventilator-dependency, loss
P78   1of control of muscular or neurological function, and that
2incapacitation did not exist at the time of the original sentencing.

3The Board of Parole Hearings shall make findings pursuant to
4this subdivision before making a recommendation for resentence
5or recall to the court. This subdivision does not apply to a prisoner
6sentenced to death or a term of life without the possibility of parole.

7(3) Within 10 days of receipt of a positive recommendation by
8the secretary or the board, the court shall hold a hearing to consider
9whether the prisoner’s sentence should be recalled.

10(4) Any physician employed by the department who determines
11 that a prisoner has six months or less to live shall notify the chief
12medical officer of the prognosis. If the chief medical officer
13concurs with the prognosis, he or she shall notify the warden.
14Within 48 hours of receiving notification, the warden or the
15warden’s representative shall notify the prisoner of the recall and
16resentencing procedures, and shall arrange for the prisoner to
17designate a family member or other outside agent to be notified
18as to the prisoner’s medical condition and prognosis, and as to the
19recall and resentencing procedures. If the inmate is deemed
20mentally unfit, the warden or the warden’s representative shall
21contact the inmate’s emergency contact and provide the information
22described in paragraph (2).

23(5) The warden or the warden’s representative shall provide the
24prisoner and his or her family member, agent, or emergency
25contact, as described in paragraph (4), updated information
26throughout the recall and resentencing process with regard to the
27prisoner’s medical condition and the status of the prisoner’s recall
28and resentencing proceedings.

29(6) Notwithstanding any other provisions of this section, the
30prisoner or his or her family member or designee may
31independently request consideration for recall and resentencing
32by contacting the chief medical officer at the prison or the
33secretary. Upon receipt of the request, the chief medical officer
34and the warden or the warden’s representative shall follow the
35procedures described in paragraph (4). If the secretary determines
36that the prisoner satisfies the criteria set forth in paragraph (2), the
37secretary or board may recommend to the court that the prisoner’s
38sentence be recalled. The secretary shall submit a recommendation
39for release within 30 days in the case of inmates sentenced to
40determinate terms and, in the case of inmates sentenced to
P79   1indeterminate terms, the secretary shall make a recommendation
2to the Board of Parole Hearings with respect to the inmates who
3have applied under this section. The board shall consider this
4information and make an independent judgment pursuant to
5paragraph (2) and make findings related thereto before rejecting
6the request or making a recommendation to the court. This action
7shall be taken at the next lawfully noticed board meeting.

8(7) Any recommendation for recall submitted to the court by
9the secretary or the Board of Parole Hearings shall include one or
10more medical evaluations, a postrelease plan, and findings pursuant
11to paragraph (2).

12(8) If possible, the matter shall be heard before the same judge
13of the court who sentenced the prisoner.

14(9) If the court grants the recall and resentencing application,
15the prisoner shall be released by the department within 48 hours
16of receipt of the court’s order, unless a longer time period is agreed
17to by the inmate. At the time of release, the warden or the warden’s
18representative shall ensure that the prisoner has each of the
19following in his or her possession: a discharge medical summary,
20full medical records, state identification, parole or postrelease
21community supervision medications, and all property belonging
22to the prisoner. After discharge, any additional records shall be
23sent to the prisoner’s forwarding address.

24(10) The secretary shall issue a directive to medical and
25correctional staff employed by the department that details the
26guidelines and procedures for initiating a recall and resentencing
27procedure. The directive shall clearly state that any prisoner who
28is given a prognosis of six months or less to live is eligible for
29recall and resentencing consideration, and that recall and
30resentencing procedures shall be initiated upon that prognosis.

31(11) The provisions of this subdivision shall be available to an
32inmate who is sentenced to a county jail pursuant to subdivision
33(h). For purposes of those inmates, “secretary” or “warden” shall
34mean the county correctional administrator and “chief medical
35officer” shall mean a physician designated by the county
36correctional administrator for this purpose.

37(f) Notwithstanding any other provision of this section, for
38purposes of paragraph (3) of subdivision (h), any allegation that
39a defendant is eligible for state prison due to a prior or current
40conviction, sentence enhancement, or because he or she is required
P80   1to register as a sex offender shall not be subject to dismissal
2pursuant to Section 1385.

3(g) A sentence to state prison for a determinate term for which
4only one term is specified, is a sentence to state prison under this
5section.

6(h) (1) Except as provided in paragraph (3), a felony punishable
7pursuant to this subdivision where the term is not specified in the
8underlying offense shall be punishable by a term of imprisonment
9in a county jail for 16 months, or two or three years.

10(2) Except as provided in paragraph (3), a felony punishable
11pursuant to this subdivision shall be punishable by imprisonment
12in a county jail for the term described in the underlying offense.

13(3) Notwithstanding paragraphs (1) and (2), where the defendant
14(A) has a prior or current felony conviction for a serious felony
15described in subdivision (c) of Section 1192.7 or a prior or current
16conviction for a violent felony described in subdivision (c) of
17Section 667.5, (B) has a prior felony conviction in another
18 jurisdiction for an offense that has all the elements of a serious
19felony described in subdivision (c) of Section 1192.7 or a violent
20felony described in subdivision (c) of Section 667.5, (C) is required
21to register as a sex offender pursuant to Chapter 5.5 (commencing
22with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
23and as part of the sentence an enhancement pursuant to Section
24186.11 is imposed, an executed sentence for a felony punishable
25pursuant to this subdivision shall be served in state prison.

26(4) Nothing in this subdivision shall be construed to prevent
27other dispositions authorized by law, including pretrial diversion,
28deferred entry of judgment, or an order granting probation pursuant
29to Section 1203.1.

30(5) (A) Unless the court finds, in the interest of justice, that it
31is not appropriate in a particular case, the court, when imposing a
32sentence pursuant to paragraph (1) or (2), shall suspend execution
33of a concluding portion of the term for a period selected at the
34court’s discretion.

35(B) The portion of a defendant’s sentenced term that is
36suspended pursuant to this paragraph shall be known as mandatory
37supervision, and, unless otherwise ordered by the court, shall
38commence upon release from physical custody or an alternative
39custody program, whichever is later. During the period of
40mandatory supervision, the defendant shall be supervised by the
P81   1county probation officer in accordance with the terms, conditions,
2and procedures generally applicable to persons placed on probation,
3for the remaining unserved portion of the sentence imposed by the
4court. The period of supervision shall be mandatory, and may not
5be earlier terminated except by court order. Any proceeding to
6revoke or modify mandatory supervision under this subparagraph
7shall be conducted pursuant to either subdivisions (a) and (b) of
8Section 1203.2 or Section 1203.3. During the period when the
9defendant is under that supervision, unless in actual custody related
10to the sentence imposed by the court, the defendant shall be entitled
11to only actual time credit against the term of imprisonment imposed
12by the court. Any time period which is suspended because a person
13has absconded shall not be credited toward the period of
14supervision.

15(6) The sentencing changes made by the act that added this
16subdivision shall be applied prospectively to any person sentenced
17on or after October 1, 2011.

18(7) The sentencing changes made to paragraph (5) by the act
19that added this paragraph shall become effective and operative on
20January 1, 2015, and shall be applied prospectively to any person
21sentenced on or after January 1, 2015.

22(i) This section shall become operative on January 1,begin delete 2017.end delete
23
begin insert 2022.end insert

24begin insert

begin insertSEC. 6.3.end insert  

end insert

begin insertSection 1170 of the end insertbegin insertPenal Codeend insertbegin insert, as amended by
25Section 2 of Chapter 378 of the Statutes of 2015, is amended to
26read:end insert

27

1170.  

(a) (1) The Legislature finds and declares that the
28purpose ofbegin delete imprisonment for crime is punishment. Thisend deletebegin insert sentencing
29is public safety achieved through punishment, rehabilitation, and
30restorative justice. When a sentence includes incarceration, thisend insert

31 purpose is best served by termsbegin insert that areend insert proportionate to the
32seriousness of the offense with provision for uniformity in the
33sentences of offenders committing the same offense under similar
34circumstances.begin delete The Legislature further finds and declares that the
35elimination of disparity and the provision of uniformity of
36sentences can best be achieved by determinate sentences fixed by
37statute in proportion to the seriousness of the offense as determined
38by the Legislature to be imposed by the court with specified
39discretion.end delete

P82   1(2) begin deleteNotwithstanding paragraph (1), the end deletebegin insertThe end insertLegislature further
2finds and declares that programs should be available for inmates,
3including, but not limited to,begin delete educational programs,end deletebegin insert educational,
4rehabilitative, and restorative justice programsend insert
that are designed
5begin insert to promote behavior change andend insert to preparebegin delete nonviolent felonyend deletebegin insert all
6eligibleend insert
offenders for successful reentry into the community. The
7Legislature encourages the development of policies and programs
8designed to educate and rehabilitatebegin delete nonviolent felonyend deletebegin insert all eligibleend insert
9 offenders. In implementing this section, the Department of
10Corrections and Rehabilitation is encouraged tobegin delete give priority
11enrollment in programs toend delete
begin insert allow all eligible inmates the opportunity
12to enroll in programs thatend insert
promote successful return to the
13
begin delete community to an inmate with a short remaining term of
14commitment and a release date that would allow him or her
15adequate time to complete the program.end delete
begin insert community. The
16Department of Corrections and Rehabilitation is directed to
17establish a mission statement consistent with these principles.end insert

18(3) In any case in which thebegin delete punishmentend deletebegin insert sentenceend insert prescribed by
19statute for a person convicted of a public offense is a term of
20imprisonment in the state prison, or a term pursuant to subdivision
21(h), of any specification of three time periods, the court shall
22sentence the defendant to one of the terms of imprisonment
23specified unless the convicted person is given any other disposition
24provided by law, including a fine, jail, probation, or the suspension
25of imposition or execution of sentence or is sentenced pursuant to
26subdivision (b) of Section 1168 because he or she had committed
27his or her crime prior to July 1, 1977. In sentencing the convicted
28person, the court shall apply the sentencing rules of the Judicial
29Council. The court, unless it determines that there are
30circumstances in mitigation of thebegin delete punishmentend deletebegin insert sentenceend insert prescribed,
31shall also impose any other term that it is required by law to impose
32as an additional term. Nothing in this article shall affect any
33provision of law that imposes the death penalty, that authorizes or
34restricts the granting of probation or suspending the execution or
35imposition of sentence, or expressly provides for imprisonment in
36the state prison for life, except as provided in paragraph (2) of
37subdivision (d). In any case in which the amount of
38preimprisonment credit under Section 2900.5 or any other provision
39of law is equal to or exceeds any sentence imposed pursuant to
40this chapter, except for a remaining portion of mandatory
P83   1supervision imposed pursuant to subparagraph (B) of paragraph
2(5) of subdivision (h), the entire sentence shall be deemed to have
3been served, except for the remaining period of mandatory
4supervision, and the defendant shall not be actually delivered to
5the custody of the secretary or the county correctional
6administrator. The court shall advise the defendant that he or she
7shall serve an applicable period of parole, postrelease community
8supervision, or mandatory supervision and order the defendant to
9report to the parole or probation office closest to the defendant’s
10last legal residence, unless the in-custody credits equal the total
11sentence, including both confinement time and the period of parole,
12postrelease community supervision, or mandatory supervision.
13The sentence shall be deemed a separate prior prison term or a
14sentence of imprisonment in a county jail under subdivision (h)
15for purposes of Section 667.5, and a copy of the judgment and
16other necessary documentation shall be forwarded to the secretary.

17(b) When a judgment of imprisonment is to be imposed and the
18statute specifies three possible terms, the court shall order
19imposition of the middle term, unless there are circumstances in
20aggravation or mitigation of the crime. At least four days prior to
21the time set for imposition of judgment, either party or the victim,
22or the family of the victim if the victim is deceased, may submit
23a statement in aggravation or mitigation to dispute facts in the
24record or the probation officer’s report, or to present additional
25facts. In determining whether there are circumstances that justify
26imposition of the upper or lower term, the court may consider the
27record in the case, the probation officer’s report, other reports,
28including reports received pursuant to Section 1203.03, and
29statements in aggravation or mitigation submitted by the
30prosecution, the defendant, or the victim, or the family of the victim
31if the victim is deceased, and any further evidence introduced at
32the sentencing hearing. The court shall set forth on the record the
33facts and reasons for imposing the upper or lower term. The court
34may not impose an upper term by using the fact of any
35enhancement upon which sentence is imposed under any provision
36of law. A term of imprisonment shall not be specified if imposition
37of sentence is suspended.

38(c) The court shall state the reasons for its sentence choice on
39the record at the time of sentencing. The court shall also inform
40the defendant that as part of the sentence after expiration of the
P84   1term he or she may be on parole for a period as provided in Section
23000 or 3000.08 or postrelease community supervision for a period
3as provided in Section 3451.

4(d) (1) When a defendant subject to this section or subdivision
5 (b) of Section 1168 has been sentenced to be imprisoned in the
6state prison or county jail pursuant to subdivision (h) and has been
7committed to the custody of the secretary or the county correctional
8administrator, the court may, within 120 days of the date of
9commitment on its own motion, or at any time upon the
10recommendation of the secretary or the Board of Parole Hearings
11in the case of state prison inmates, or the county correctional
12administrator in the case of county jail inmates, recall the sentence
13and commitment previously ordered and resentence the defendant
14in the same manner as if he or she had not previously been
15sentenced, provided the new sentence, if any, is no greater than
16the initial sentence. The court resentencing under this subdivision
17shall apply the sentencing rules of the Judicial Council so as to
18eliminate disparity of sentences and to promote uniformity of
19sentencing. Credit shall be given for time served.

20(2) (A) (i) When a defendant who was under 18 years of age
21at the time of the commission of the offense for which the
22defendant was sentenced to imprisonment for life without the
23possibility of parole hasbegin delete servedend deletebegin insert been incarcerated forend insert at least 15
24begin delete years of that sentence,end deletebegin insert years,end insert the defendant may submit to the
25sentencing court a petition for recall and resentencing.

26(ii) Notwithstanding clause (i), this paragraph shall not apply
27to defendants sentenced to life without parole for an offense where
28begin insert it was pled and proved thatend insert the defendant tortured, as described
29in Section 206, his or her victim or the victim was a public safety
30official, including any law enforcement personnel mentioned in
31Chapter 4.5 (commencing with Section 830) of Title 3, or any
32firefighter as described in Section 245.1, as well as any other officer
33in any segment of law enforcement who is employed by the federal
34government, the state, or any of its political subdivisions.

35(B) The defendant shall file the original petition with the
36sentencing court. A copy of the petition shall be served on the
37agency that prosecuted the case. The petition shall include the
38defendant’s statement that he or she was under 18 years of age at
39the time of the crime and was sentenced to life in prison without
40the possibility of parole, the defendant’s statement describing his
P85   1or her remorse and work towards rehabilitation, and the defendant’s
2 statement that one of the following is true:

3(i) The defendant was convicted pursuant to felony murder or
4aiding and abetting murder provisions of law.

5(ii) The defendant does not have juvenile felony adjudications
6for assault or other felony crimes with a significant potential for
7personal harm to victims prior to the offense for which the sentence
8is being considered for recall.

9(iii) The defendant committed the offense with at least one adult
10codefendant.

11(iv) The defendant has performed acts that tend to indicate
12rehabilitation or the potential for rehabilitation, including, but not
13limited to, availing himself or herself of rehabilitative, educational,
14or vocational programs, if those programs have been available at
15his or her classification level and facility, using self-study for
16self-improvement, or showing evidence of remorse.

17(C) If any of the information required in subparagraph (B) is
18missing from the petition, or if proof of service on the prosecuting
19agency is not provided, the court shall return the petition to the
20defendant and advise the defendant that the matter cannot be
21considered without the missing information.

22(D) A reply to the petition, if any, shall be filed with the court
23within 60 days of the date on which the prosecuting agency was
24served with the petition, unless a continuance is granted for good
25cause.

26(E) If the court finds by a preponderance of the evidence that
27begin insert one or more ofend insert the statementsbegin delete in the petition are true, the court
28shall hold a hearing to consider whether toend delete
begin insert specified in clauses (i)
29to (iv), inclusive, of subparagraph (B) is true, the court shallend insert
recall
30the sentence and commitment previously ordered andbegin insert hold a
31hearingend insert
to resentence the defendant in the same manner as if the
32defendant had not previously been sentenced, provided that the
33new sentence, if any, is not greater than the initial sentence.
34Victims, or victim family members if the victim is deceased, shall
35retain the rights to participate in the hearing.

36(F) The factors that the court may consider when determining
37whether tobegin delete recall andend delete resentencebegin insert the defendant to a term of
38imprisonment with the possibility of paroleend insert
include, but are not
39limited to, the following:

P86   1(i) The defendant was convicted pursuant to felony murder or
2aiding and abetting murder provisions of law.

3(ii) The defendant does not have juvenile felony adjudications
4for assault or other felony crimes with a significant potential for
5personal harm to victims prior to the offense for which thebegin delete sentence
6is being considered for recall.end delete
begin insert defendant was sentenced to life
7without the possibility of parole.end insert

8(iii) The defendant committed the offense with at least one adult
9codefendant.

10(iv) Prior to the offense for which thebegin delete sentence is being
11considered for recall,end delete
begin insert defendant was sentenced to life without the
12possibility of parole,end insert
the defendant had insufficient adult support
13or supervision and had suffered from psychological or physical
14trauma, or significant stress.

15(v) The defendant suffers from cognitive limitations due to
16mental illness, developmental disabilities, or other factors that did
17not constitute a defense, but influenced the defendant’s
18involvement in the offense.

19(vi) The defendant has performed acts that tend to indicate
20rehabilitation or the potential for rehabilitation, including, but not
21limited to, availing himself or herself of rehabilitative, educational,
22or vocational programs, if those programs have been available at
23his or her classification level and facility, using self-study for
24self-improvement, or showing evidence of remorse.

25(vii) The defendant has maintained family ties or connections
26with others through letter writing, calls, or visits, or has eliminated
27contact with individuals outside of prison who are currently
28involved with crime.

29(viii) The defendant has had no disciplinary actions for violent
30activities in the last five years in which the defendant was
31determined to be the aggressor.

32(G) The court shall have the discretionbegin delete to recall the sentence
33and commitment previously ordered andend delete
to resentence the
34defendant in the same manner as if the defendant had not
35previously been sentenced, provided that the new sentence, if any,
36is not greater than the initial sentence. The discretion of the court
37shall be exercised in consideration of the criteria in subparagraph
38begin delete (B).end deletebegin insert (F).end insert Victims, or victim family members if the victim is
39deceased, shall be notified of the resentencing hearing and shall
40retain their rights to participate in the hearing.

P87   1(H) If the sentence is notbegin delete recalled,end deletebegin insert recalled or the defendant is
2resentenced to imprisonment for life without the possibility of
3parole,end insert
the defendant may submit another petition for recall and
4resentencing to the sentencing court when the defendant has been
5committed to the custody of the department for at least 20 years.
6Ifbegin delete recall and resentencing is not grantedend deletebegin insert the sentence is not recalled
7or the defendant is resentenced to imprisonment for life without
8the possibility of paroleend insert
under that petition, the defendant may file
9another petition after having served 24 years. The final petition
10may be submitted, and the response to that petition shall be
11determined, during the 25th year of the defendant’s sentence.

12(I) In addition to the criteria in subparagraph (F), the court may
13consider any other criteria that the court deems relevant to its
14decision, so long as the court identifies them on the record,
15provides a statement of reasons for adopting them, and states why
16the defendant does or does not satisfy the criteria.

17(J) This subdivision shall have retroactive application.

begin insert

18
(K) Nothing in this paragraph is intended to diminish or
19abrogate any rights or remedies otherwise available to the
20defendant.

end insert

21(e) (1) Notwithstanding any other law and consistent with
22paragraph (1) of subdivision (a), if the secretary or the Board of
23Parole Hearings or both determine that a prisoner satisfies the
24criteria set forth in paragraph (2), the secretary or the board may
25recommend to the court that the prisoner’s sentence be recalled.

26(2) The court shall have the discretion to resentence or recall if
27the court finds that the facts described in subparagraphs (A) and
28(B) or subparagraphs (B) and (C) exist:

29(A) The prisoner is terminally ill with an incurable condition
30caused by an illness or disease that would produce death within
31six months, as determined by a physician employed by the
32department.

33(B) The conditions under which the prisoner would be released
34or receive treatment do not pose a threat to public safety.

35(C) The prisoner is permanently medically incapacitated with
36a medical condition that renders him or her permanently unable
37to perform activities of basic daily living, and results in the prisoner
38requiring 24-hour total care, including, but not limited to, coma,
39persistent vegetative state, brain death, ventilator-dependency, loss
P88   1of control of muscular or neurological function, and that
2incapacitation did not exist at the time of the original sentencing.

3The Board of Parole Hearings shall make findings pursuant to
4this subdivision before making a recommendation for resentence
5or recall to the court. This subdivision does not apply to a prisoner
6sentenced to death or a term of life without the possibility of parole.

7(3) Within 10 days of receipt of a positive recommendation by
8the secretary or the board, the court shall hold a hearing to consider
9whether the prisoner’s sentence should be recalled.

10(4) Any physician employed by the department who determines
11that a prisoner has six months or less to live shall notify the chief
12medical officer of the prognosis. If the chief medical officer
13concurs with the prognosis, he or she shall notify the warden.
14Within 48 hours of receiving notification, the warden or the
15warden’s representative shall notify the prisoner of the recall and
16resentencing procedures, and shall arrange for the prisoner to
17designate a family member or other outside agent to be notified
18as to the prisoner’s medical condition and prognosis, and as to the
19recall and resentencing procedures. If the inmate is deemed
20mentally unfit, the warden or the warden’s representative shall
21contact the inmate’s emergency contact and provide the information
22described in paragraph (2).

23(5) The warden or the warden’s representative shall provide the
24prisoner and his or her family member, agent, or emergency
25contact, as described in paragraph (4), updated information
26throughout the recall and resentencing process with regard to the
27prisoner’s medical condition and the status of the prisoner’s recall
28and resentencing proceedings.

29(6) Notwithstanding any other provisions of this section, the
30prisoner or his or her family member or designee may
31independently request consideration for recall and resentencing
32by contacting the chief medical officer at the prison or the
33secretary. Upon receipt of the request, the chief medical officer
34and the warden or the warden’s representative shall follow the
35procedures described in paragraph (4). If the secretary determines
36that the prisoner satisfies the criteria set forth in paragraph (2), the
37secretary or board may recommend to the court that the prisoner’s
38sentence be recalled. The secretary shall submit a recommendation
39for release within 30 days in the case of inmates sentenced to
40determinate terms and, in the case of inmates sentenced to
P89   1indeterminate terms, the secretary shall make a recommendation
2to the Board of Parole Hearings with respect to the inmates who
3have applied under this section. The board shall consider this
4information and make an independent judgment pursuant to
5paragraph (2) and make findings related thereto before rejecting
6the request or making a recommendation to the court. This action
7shall be taken at the next lawfully noticed board meeting.

8(7) Any recommendation for recall submitted to the court by
9the secretary or the Board of Parole Hearings shall include one or
10more medical evaluations, a postrelease plan, and findings pursuant
11to paragraph (2).

12(8) If possible, the matter shall be heard before the same judge
13of the court who sentenced the prisoner.

14(9) If the court grants the recall and resentencing application,
15the prisoner shall be released by the department within 48 hours
16of receipt of the court’s order, unless a longer time period is agreed
17to by the inmate. At the time of release, the warden or the warden’s
18representative shall ensure that the prisoner has each of the
19following in his or her possession: a discharge medical summary,
20full medical records, state identification, parole or postrelease
21community supervision medications, and all property belonging
22to the prisoner. After discharge, any additional records shall be
23sent to the prisoner’s forwarding address.

24(10) The secretary shall issue a directive to medical and
25correctional staff employed by the department that details the
26guidelines and procedures for initiating a recall and resentencing
27procedure. The directive shall clearly state that any prisoner who
28is given a prognosis of six months or less to live is eligible for
29recall and resentencing consideration, and that recall and
30resentencing procedures shall be initiated upon that prognosis.

31(11) The provisions of this subdivision shall be available to an
32inmate who is sentenced to a county jail pursuant to subdivision
33(h). For purposes of those inmates, “secretary” or “warden” shall
34mean the county correctional administrator and “chief medical
35officer” shall mean a physician designated by the county
36correctional administrator for this purpose.

37(f) Notwithstanding any other provision of this section, for
38purposes of paragraph (3) of subdivision (h), any allegation that
39a defendant is eligible for state prison due to a prior or current
40conviction, sentence enhancement, or because he or she is required
P90   1to register as a sex offender shall not be subject to dismissal
2pursuant to Section 1385.

3(g) A sentence to state prison for a determinate term for which
4only one term is specified, is a sentence to state prison under this
5section.

6(h) (1) Except as provided in paragraph (3), a felony punishable
7pursuant to this subdivision where the term is not specified in the
8underlying offense shall be punishable by a term of imprisonment
9in a county jail for 16 months, or two or three years.

10(2) Except as provided in paragraph (3), a felony punishable
11pursuant to this subdivision shall be punishable by imprisonment
12in a county jail for the term described in the underlying offense.

13(3) Notwithstanding paragraphs (1) and (2), where the defendant
14(A) has a prior or current felony conviction for a serious felony
15described in subdivision (c) of Section 1192.7 or a prior or current
16conviction for a violent felony described in subdivision (c) of
17Section 667.5, (B) has a prior felony conviction in another
18jurisdiction for an offense that has all the elements of a serious
19felony described in subdivision (c) of Section 1192.7 or a violent
20felony described in subdivision (c) of Section 667.5, (C) is required
21to register as a sex offender pursuant to Chapter 5.5 (commencing
22with Section 290) of Title 9 of Part 1, or (D) is convicted of a crime
23and as part of the sentence an enhancement pursuant to Section
24186.11 is imposed, an executed sentence for a felony punishable
25pursuant to this subdivision shall be served in state prison.

26(4) Nothing in this subdivision shall be construed to prevent
27other dispositions authorized by law, including pretrial diversion,
28deferred entry of judgment, or an order granting probation pursuant
29to Section 1203.1.

30(5) (A) Unless the court finds, in the interest of justice, that it
31is not appropriate in a particular case, the court, when imposing a
32sentence pursuant to paragraph (1) or (2), shall suspend execution
33of a concluding portion of the term for a period selected at the
34court’s discretion.

35(B) The portion of a defendant’s sentenced term that is
36suspended pursuant to this paragraph shall be known as mandatory
37supervision, and, unless otherwise ordered by the court, shall
38commence upon release from physical custody or an alternative
39custody program, whichever is later. During the period of
40mandatory supervision, the defendant shall be supervised by the
P91   1county probation officer in accordance with the terms, conditions,
2and procedures generally applicable to persons placed on probation,
3for the remaining unserved portion of the sentence imposed by the
4court. The period of supervision shall be mandatory, and may not
5be earlier terminated except by court order. Any proceeding to
6revoke or modify mandatory supervision under this subparagraph
7shall be conducted pursuant to either subdivisions (a) and (b) of
8Section 1203.2 or Section 1203.3. During the period when the
9defendant is under that supervision, unless in actual custody related
10to the sentence imposed by the court, the defendant shall be entitled
11to only actual time credit against the term of imprisonment imposed
12by the court. Any time period which is suspended because a person
13has absconded shall not be credited toward the period of
14supervision.

15(6) The sentencing changes made by the act that added this
16subdivision shall be applied prospectively to any person sentenced
17on or after October 1, 2011.

18(7) The sentencing changes made to paragraph (5) by the act
19that added this paragraph shall become effective and operative on
20January 1, 2015, and shall be applied prospectively to any person
21sentenced on or after January 1, 2015.

22(i) This section shall become operative on January 1,begin delete 2017.end delete
23
begin insert 2022.end insert

24

SEC. 7.  

Section 1170.1 of the Penal Code, as amended by
25Section 7 of Chapter 508 of the Statutes of 2013, is amended to
26read:

27

1170.1.  

(a) Except as otherwise provided by law, and subject
28to Section 654, when any person is convicted of two or more
29felonies, whether in the same proceeding or court or in different
30proceedings or courts, and whether by judgment rendered by the
31same or by a different court, and a consecutive term of
32imprisonment is imposed under Sections 669 and 1170, the
33aggregate term of imprisonment for all these convictions shall be
34the sum of the principal term, the subordinate term, and any
35additional term imposed for applicable enhancements for prior
36convictions, prior prison terms, and Section 12022.1. The principal
37term shall consist of the greatest term of imprisonment imposed
38by the court for any of the crimes, including any term imposed for
39applicable specific enhancements. The subordinate term for each
40consecutive offense shall consist of one-third of the middle term
P92   1of imprisonment prescribed for each other felony conviction for
2which a consecutive term of imprisonment is imposed, and shall
3include one-third of the term imposed for any specific
4enhancements applicable to those subordinate offenses. Whenever
5a court imposes a term of imprisonment in the state prison, whether
6the term is a principal or subordinate term, the aggregate term shall
7be served in the state prison, regardless as to whether or not one
8of the terms specifies imprisonment in a county jail pursuant to
9subdivision (h) of Section 1170.

10(b) If a person is convicted of two or more violations of
11kidnapping, as defined in Section 207, involving separate victims,
12the subordinate term for each consecutive offense of kidnapping
13shall consist of the full middle term and shall include the full term
14imposed for specific enhancements applicable to those subordinate
15offenses.

16(c) In the case of any person convicted of one or more felonies
17committed while the person is confined in the state prison or is
18subject to reimprisonment for escape from custody and the law
19either requires the terms to be served consecutively or the court
20imposes consecutive terms, the term of imprisonment for all the
21convictions that the person is required to serve consecutively shall
22commence from the time the person would otherwise have been
23released from prison. If the new offenses are consecutive with each
24other, the principal and subordinate terms shall be calculated as
25provided in subdivision (a). This subdivision shall be applicable
26in cases of convictions of more than one offense in the same or
27different proceedings.

28(d) When the court imposes a sentence for a felony pursuant to
29Section 1170 or subdivision (b) of Section 1168, the court shall
30also impose, in addition and consecutive to the offense of which
31the person has been convicted, the additional terms provided for
32any applicable enhancements. If an enhancement is punishable by
33one of three terms, the court shall, in its discretion, impose the
34term that best serves the interest of justice, and state the reasons
35for its sentence choice on the record at the time of sentencing. The
36court shall also impose any other additional term that the court
37determines in its discretion or as required by law shall run
38consecutive to the term imposed under Section 1170 or subdivision
39(b) of Section 1168. In considering the imposition of the additional
P93   1term, the court shall apply the sentencing rules of the Judicial
2Council.

3(e) All enhancements shall be alleged in the accusatory pleading
4and either admitted by the defendant in open court or found to be
5true by the trier of fact.

6(f) When two or more enhancements may be imposed for being
7armed with or using a dangerous or deadly weapon or a firearm
8in the commission of a single offense, only the greatest of those
9enhancements shall be imposed for that offense. This subdivision
10shall not limit the imposition of any other enhancements applicable
11to that offense, including an enhancement for the infliction of great
12bodily injury.

13(g) When two or more enhancements may be imposed for the
14infliction of great bodily injury on the same victim in the
15commission of a single offense, only the greatest of those
16enhancements shall be imposed for that offense. This subdivision
17shall not limit the imposition of any other enhancements applicable
18to that offense, including an enhancement for being armed with
19or using a dangerous or deadly weapon or a firearm.

20(h) For any violation of an offense specified in Section 667.6,
21the number of enhancements that may be imposed shall not be
22limited, regardless of whether the enhancements are pursuant to
23this section, Section 667.6, or some other provision of law. Each
24of the enhancements shall be a full and separately served term.

25(i) This section shall remain in effect only until January 1, 2022,
26and as of that date is repealed, unless a later enacted statute, that
27is enacted before January 1, 2022, deletes or extends that date.

28

SEC. 8.  

Section 1170.1 of the Penal Code, as amended by
29Section 8 of Chapter 508 of the Statutes of 2013, is amended to
30read:

31

1170.1.  

(a) Except as otherwise provided by law, and subject
32to Section 654, when any person is convicted of two or more
33felonies, whether in the same proceeding or court or in different
34proceedings or courts, and whether by judgment rendered by the
35same or by a different court, and a consecutive term of
36imprisonment is imposed under Sections 669 and 1170, the
37aggregate term of imprisonment for all these convictions shall be
38the sum of the principal term, the subordinate term, and any
39additional term imposed for applicable enhancements for prior
40convictions, prior prison terms, and Section 12022.1. The principal
P94   1term shall consist of the greatest term of imprisonment imposed
2by the court for any of the crimes, including any term imposed for
3applicable specific enhancements. The subordinate term for each
4consecutive offense shall consist of one-third of the middle term
5of imprisonment prescribed for each other felony conviction for
6which a consecutive term of imprisonment is imposed, and shall
7include one-third of the term imposed for any specific
8enhancements applicable to those subordinate offenses. Whenever
9a court imposes a term of imprisonment in the state prison, whether
10the term is a principal or subordinate term, the aggregate term shall
11be served in the state prison, regardless as to whether or not one
12of the terms specifies imprisonment in a county jail pursuant to
13subdivision (h) of Section 1170.

14(b) If a person is convicted of two or more violations of
15kidnapping, as defined in Section 207, involving separate victims,
16the subordinate term for each consecutive offense of kidnapping
17shall consist of the full middle term and shall include the full term
18imposed for specific enhancements applicable to those subordinate
19offenses.

20(c) In the case of any person convicted of one or more felonies
21committed while the person is confined in the state prison or is
22subject to reimprisonment for escape from custody and the law
23either requires the terms to be served consecutively or the court
24imposes consecutive terms, the term of imprisonment for all the
25convictions that the person is required to serve consecutively shall
26commence from the time the person would otherwise have been
27released from prison. If the new offenses are consecutive with each
28other, the principal and subordinate terms shall be calculated as
29provided in subdivision (a). This subdivision shall be applicable
30in cases of convictions of more than one offense in the same or
31different proceedings.

32(d) When the court imposes a sentence for a felony pursuant to
33Section 1170 or subdivision (b) of Section 1168, the court shall
34also impose, in addition and consecutive to the offense of which
35the person has been convicted, the additional terms provided for
36any applicable enhancements. If an enhancement is punishable by
37one of three terms, the court shall impose the middle term unless
38there are circumstances in aggravation or mitigation, and state the
39reasons for its sentence choice, other than the middle term, on the
40record at the time of sentencing. The court shall also impose any
P95   1other additional term that the court determines in its discretion or
2as required by law shall run consecutive to the term imposed under
3Section 1170 or subdivision (b) of Section 1168. In considering
4the imposition of the additional term, the court shall apply the
5sentencing rules of the Judicial Council.

6(e) All enhancements shall be alleged in the accusatory pleading
7and either admitted by the defendant in open court or found to be
8true by the trier of fact.

9(f) When two or more enhancements may be imposed for being
10armed with or using a dangerous or deadly weapon or a firearm
11in the commission of a single offense, only the greatest of those
12enhancements shall be imposed for that offense. This subdivision
13shall not limit the imposition of any other enhancements applicable
14to that offense, including an enhancement for the infliction of great
15bodily injury.

16(g) When two or more enhancements may be imposed for the
17infliction of great bodily injury on the same victim in the
18commission of a single offense, only the greatest of those
19enhancements shall be imposed for that offense. This subdivision
20shall not limit the imposition of any other enhancements applicable
21to that offense, including an enhancement for being armed with
22or using a dangerous or deadly weapon or a firearm.

23(h) For any violation of an offense specified in Section 667.6,
24the number of enhancements that may be imposed shall not be
25limited, regardless of whether the enhancements are pursuant to
26this section, Section 667.6, or some other provision of law. Each
27of the enhancements shall be a full and separately served term.

28(i) This section shall become operative on January 1, 2022.

29

SEC. 9.  

Section 1170.3 of the Penal Code, as amended by
30Section 3 of Chapter 378 of the Statutes of 2015, is amended to
31read:

32

1170.3.  

The Judicial Council shall seek to promote uniformity
33in sentencing under Section 1170 by:

34(a) The adoption of rules providing criteria for the consideration
35of the trial judge at the time of sentencing regarding the court’s
36decision to:

37(1) Grant or deny probation.

38(2) Impose the lower, middle, or upper prison term.

39(3) Impose the lower, middle, or upper term pursuant to
40paragraph (1) or (2) of subdivision (h) of Section 1170.

P96   1(4) Impose concurrent or consecutive sentences.

2(5) Determine whether or not to impose an enhancement where
3that determination is permitted by law.

4(6) Deny a period of mandatory supervision in the interests of
5justice under paragraph (5) of subdivision (h) of Section 1170 or
6determine the appropriate period and conditions of mandatory
7supervision. The rules implementing this paragraph shall be
8adopted no later than January 1, 2015.

9(b) The adoption of rules standardizing the minimum content
10and the sequential presentation of material in probation officer
11reports submitted to the court regarding probation and mandatory
12supervision under paragraph (5) of subdivision (h) of Section 1170.

13(c) This section shall remain in effect only until January 1, 2022,
14and as of that date is repealed, unless a later enacted statute, that
15is enacted before January 1, 2022, deletes or extends that date.

16

SEC. 10.  

Section 1170.3 of the Penal Code, as amended by
17Section 4 of Chapter 378 of the Statutes of 2015, is amended to
18read:

19

1170.3.  

The Judicial Council shall seek to promote uniformity
20in sentencing under Section 1170 by:

21(a) The adoption of rules providing criteria for the consideration
22of the trial judge at the time of sentencing regarding the court’s
23decision to:

24(1) Grant or deny probation.

25(2) Impose the lower or upper prison term.

26(3) Impose the lower or upper term pursuant to paragraph (1)
27or (2) of subdivision (h) of Section 1170.

28(4) Impose concurrent or consecutive sentences.

29(5) Determine whether or not to impose an enhancement where
30that determination is permitted by law.

31(6) Deny a period of mandatory supervision in the interests of
32justice under paragraph (5) of subdivision (h) of Section 1170 or
33determine the appropriate period and conditions of mandatory
34supervision. The rules implementing this paragraph shall be
35adopted no later than January 1, 2015.

36(b) The adoption of rules standardizing the minimum content
37and the sequential presentation of material in probation officer
38reports submitted to the court regarding probation and mandatory
39supervision under paragraph (5) of subdivision (h) of Section 1170.

40(c) This section shall become operative on January 1, 2022.

P97   1

SEC. 11.  

Section 12021.5 of the Penal Code, as amended by
2Section 11 of Chapter 508 of the Statutes of 2013, is amended to
3read:

4

12021.5.  

(a) Every person who carries a loaded or unloaded
5firearm on his or her person, or in a vehicle, during the commission
6or attempted commission of any street gang crimes described in
7subdivision (a) or (b) of Section 186.22, shall, upon conviction of
8the felony or attempted felony, be punished by an additional term
9of imprisonment in the state prison for one, two, or three years.
10The court shall select the sentence enhancement which, in the
11court’s discretion, best serves the interests of justice and shall state
12the reasons for its choice on the record at the time of sentence, in
13accordance with the provisions of subdivision (d) of Section
141170.1.

15(b) Every person who carries a loaded or unloaded firearm
16together with a detachable shotgun magazine, a detachable pistol
17magazine, a detachable magazine, or a belt-feeding device on his
18or her person, or in a vehicle, during the commission or attempted
19commission of any street gang crimes described in subdivision (a)
20or (b) of Section 186.22, shall, upon conviction of the felony or
21attempted felony, be punished by an additional term of
22imprisonment in the state prison for two, three, or four years. The
23court shall select the sentence enhancement which, in the court’s
24discretion, best serves the interests of justice and shall state the
25reasons for its choice on the record at the time of sentence, in
26accordance with the provisions of subdivision (d) of Section
271170.1.

28(c) As used in this section, the following definitions shall apply:

29(1) “Detachable magazine” means a device that is designed or
30redesigned to do all of the following:

31(A) To be attached to a rifle that is designed or redesigned to
32fire ammunition.

33(B) To be attached to, and detached from, a rifle that is designed
34or redesigned to fire ammunition.

35(C) To feed ammunition continuously and directly into the
36loading mechanism of a rifle that is designed or redesigned to fire
37ammunition.

38(2) “Detachable pistol magazine” means a device that is
39designed or redesigned to do all of the following:

P98   1(A) To be attached to a semiautomatic firearm that is not a rifle
2 or shotgun that is designed or redesigned to fire ammunition.

3(B) To be attached to, and detached from, a firearm that is not
4a rifle or shotgun that is designed or redesigned to fire ammunition.

5(C) To feed ammunition continuously and directly into the
6loading mechanism of a firearm that is not a rifle or a shotgun that
7is designed or redesigned to fire ammunition.

8(3) “Detachable shotgun magazine” means a device that is
9designed or redesigned to do all of the following:

10(A) To be attached to a firearm that is designed or redesigned
11to fire a fixed shotgun shell through a smooth or rifled bore.

12(B) To be attached to, and detached from, a firearm that is
13designed or redesigned to fire a fixed shotgun shell through a
14smooth bore.

15(C) To feed fixed shotgun shells continuously and directly into
16the loading mechanism of a firearm that is designed or redesigned
17to fire a fixed shotgun shell.

18(4) “Belt-feeding device” means a device that is designed or
19redesigned to continuously feed ammunition into the loading
20mechanism of a machinegun or a semiautomatic firearm.

21(5) “Rifle” shall have the same meaning as specified in
22paragraph (20) of subdivision (c) of Section 12020 until January
231, 2012, and, on or after that date, Section 17090.

24(6) “Shotgun” shall have the same meaning as specified in
25paragraph (21) of subdivision (c) of Section 12020 until January
261, 2012, and, on or after that date, Section 17190.

27(d) This section shall remain in effect only until January 1, 2022,
28and as of that date is repealed, unless a later enacted statute, that
29is enacted before January 1, 2022, deletes or extends that date.

30

SEC. 12.  

Section 12021.5 of the Penal Code, as amended by
31Section 12 of Chapter 508 of the Statutes of 2013, is amended to
32read:

33

12021.5.  

(a) Every person who carries a loaded or unloaded
34firearm on his or her person, or in a vehicle, during the commission
35or attempted commission of any street gang crimes described in
36subdivision (a) or (b) of Section 186.22, shall, upon conviction of
37the felony or attempted felony, be punished by an additional term
38of imprisonment pursuant to subdivision (h) of Section 1170 for
39one, two, or three years in the court’s discretion. The court shall
40impose the middle term unless there are circumstances in
P99   1aggravation or mitigation. The court shall state the reasons for its
2enhancement choice on the record at the time of sentence.

3(b) Every person who carries a loaded or unloaded firearm
4together with a detachable shotgun magazine, a detachable pistol
5magazine, a detachable magazine, or a belt-feeding device on his
6or her person, or in a vehicle, during the commission or attempted
7commission of any street gang crimes described in subdivision (a)
8or (b) of Section 186.22, shall, upon conviction of the felony or
9attempted felony, be punished by an additional term of
10imprisonment in the state prison for two, three, or four years in
11the court’s discretion. The court shall impose the middle term
12unless there are circumstances in aggravation or mitigation. The
13court shall state the reasons for its enhancement choice on the
14record at the time of sentence.

15(c) As used in this section, the following definitions shall apply:

16(1) “Detachable magazine” means a device that is designed or
17redesigned to do all of the following:

18(A) To be attached to a rifle that is designed or redesigned to
19 fire ammunition.

20(B) To be attached to, and detached from, a rifle that is designed
21or redesigned to fire ammunition.

22(C) To feed ammunition continuously and directly into the
23loading mechanism of a rifle that is designed or redesigned to fire
24ammunition.

25(2) “Detachable pistol magazine” means a device that is
26designed or redesigned to do all of the following:

27(A) To be attached to a semiautomatic firearm that is not a rifle
28or shotgun that is designed or redesigned to fire ammunition.

29(B) To be attached to, and detached from, a firearm that is not
30a rifle or shotgun that is designed or redesigned to fire ammunition.

31(C) To feed ammunition continuously and directly into the
32loading mechanism of a firearm that is not a rifle or a shotgun that
33is designed or redesigned to fire ammunition.

34(3) “Detachable shotgun magazine” means a device that is
35designed or redesigned to do all of the following:

36(A) To be attached to a firearm that is designed or redesigned
37to fire a fixed shotgun shell through a smooth or rifled bore.

38(B) To be attached to, and detached from, a firearm that is
39designed or redesigned to fire a fixed shotgun shell through a
40smooth bore.

P100  1(C) To feed fixed shotgun shells continuously and directly into
2the loading mechanism of a firearm that is designed or redesigned
3to fire a fixed shotgun shell.

4(4) “Belt-feeding device” means a device that is designed or
5redesigned to continuously feed ammunition into the loading
6mechanism of a machinegun or a semiautomatic firearm.

7(5) “Rifle” shall have the same meaning as specified in Section
817090.

9(6) “Shotgun” shall have the same meaning as specified in
10Section 17190.

11(d) This section shall become operative on January 1, 2022.

12

SEC. 13.  

Section 12022.2 of the Penal Code, as amended by
13Section 13 of Chapter 508 of the Statutes of 2013, is amended to
14read:

15

12022.2.  

(a) Any person who, while armed with a firearm in
16the commission or attempted commission of any felony, has in his
17or her immediate possession ammunition for the firearm designed
18primarily to penetrate metal or armor, shall upon conviction of
19that felony or attempted felony, in addition and consecutive to the
20punishment prescribed for the felony or attempted felony, be
21punished by an additional term of 3, 4, or 10 years. The court shall
22select the sentence enhancement which, in the court’s discretion,
23best serves the interests of justice and shall state the reasons for
24its choice on the record at the time of the sentence in accordance
25with the provisions of subdivision (d) of Section 1170.1.

26(b) Any person who wears a body vest in the commission or
27attempted commission of a violent offense, as defined in
28subdivision (b) of Section 12021.1, until January 1, 2012, and, on
29or after that date, Section 29905, shall, upon conviction of that
30felony or attempted felony, in addition and consecutive to the
31punishment prescribed for the felony or attempted felony of which
32he or she has been convicted, be punished by an additional term
33of one, two, or five years. The court shall select the sentence
34enhancement which, in the court’s discretion, best serves the
35interests of justice and shall state the reasons for its choice on the
36record at the time of the sentence in accordance with the provisions
37of subdivision (d) of Section 1170.1.

38(c) As used in this section, “body vest” means any
39bullet-resistant material intended to provide ballistic and trauma
40protection for the wearer.

P101  1(d) This section shall remain in effect only until January 1, 2022,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2022, deletes or extends that date.

4

SEC. 14.  

Section 12022.2 of the Penal Code, as amended by
5Section 14 of Chapter 508 of the Statutes of 2013, is amended to
6read:

7

12022.2.  

(a) Any person who, while armed with a firearm in
8the commission or attempted commission of any felony, has in his
9or her immediate possession ammunition for the firearm designed
10primarily to penetrate metal or armor, shall upon conviction of
11that felony or attempted felony, in addition and consecutive to the
12punishment prescribed for the felony or attempted felony, be
13punished by an additional term of 3, 4, or 10 years. The court shall
14order the middle term unless there are circumstances in aggravation
15or mitigation. The court shall state the reasons for its enhancement
16choice on the record at the time of the sentence.

17(b) Any person who wears a body vest in the commission or
18attempted commission of a violent offense, as defined in Section
1929905, shall, upon conviction of that felony or attempted felony,
20in addition and consecutive to the punishment prescribed for the
21felony or attempted felony of which he or she has been convicted,
22be punished by an additional term of one, two, or five years. The
23court shall order the middle term unless there are circumstances
24in aggravation or mitigation. The court shall state the reasons for
25its enhancement choice on the record at the time of the sentence.

26(c) As used in this section, “body vest” means any
27bullet-resistant material intended to provide ballistic and trauma
28protection for the wearer.

29(d) This section shall become operative on January 1, 2022.

30

SEC. 15.  

Section 12022.4 of the Penal Code, as amended by
31Section 15 of Chapter 508 of the Statutes of 2013, is amended to
32read:

33

12022.4.  

(a) Any person who, during the commission or
34attempted commission of a felony, furnishes or offers to furnish
35a firearm to another for the purpose of aiding, abetting, or enabling
36that person or any other person to commit a felony shall, in addition
37and consecutive to the punishment prescribed by the felony or
38attempted felony of which the person has been convicted, be
39punished by an additional term of one, two, or three years in the
40state prison. The court shall select the sentence enhancement which,
P102  1in the court’s discretion, best serves the interests of justice and
2shall state the reasons for its choice on the record at the time of
3the sentence, in accordance with the provisions of subdivision (d)
4of Section 1170.1. The additional term provided in this section
5shall not be imposed unless the fact of the furnishing is charged
6 in the accusatory pleading and admitted or found to be true by the
7trier of fact.

8(b) This section shall remain in effect only until January 1, 2022,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2022, deletes or extends that date.

11

SEC. 16.  

Section 12022.4 of the Penal Code, as amended by
12Section 16 of Chapter 508 of the Statutes of 2013, is amended to
13read:

14

12022.4.  

(a) Any person who, during the commission or
15attempted commission of a felony, furnishes or offers to furnish
16a firearm to another for the purpose of aiding, abetting, or enabling
17that person or any other person to commit a felony shall, in addition
18and consecutive to the punishment prescribed by the felony or
19attempted felony of which the person has been convicted, be
20punished by an additional term of one, two, or three years in the
21state prison. The court shall order the middle term unless there are
22circumstances in aggravation or mitigation. The court shall state
23the reasons for its enhancement choice on the record at the time
24of the sentence. The additional term provided in this section shall
25not be imposed unless the fact of the furnishing is charged in the
26accusatory pleading and admitted or found to be true by the trier
27 of fact.

28(b) This section shall become operative on January 1, 2022.

29begin insert

begin insertSEC. 17.end insert  

end insert
begin insert

(a) Section 5.1 of this bill incorporates amendments
30to Section 1170 of the Penal Code, as amended by Section 1 of
31Chapter 378 of the Statutes of 2015, proposed by both this bill and
32Senate Bill 1084. It shall only become operative if (1) both bills
33are enacted and become effective on or before January 1, 2017,
34(2) each bill amends Section 1170 of the Penal Code, as amended
35by Section 1 of Chapter 378 of the Statutes of 2015, (3) Assembly
36Bill 2590 is not enacted or as enacted does not amend that section,
37and (4) this bill is enacted after Senate Bill 1084, in which case
38 Sections 5, 5.2, and 5.3 of this bill shall not become operative.

end insert
begin insert

39
(b) Section 5.2 of this bill incorporates amendments to Section
401170 of the Penal Code, as amended by Section 1 of Chapter 378
P103  1of the Statutes of 2015, proposed by both this bill and Assembly
2Bill 2590. It shall only become operative if (1) both bills are
3enacted and become effective on or before January 1, 2017, (2)
4each bill amends Section 1170 of the Penal Code, as amended by
5Section 1 of Chapter 378 of the Statutes of 2015, (3) Senate Bill
61084 is not enacted or as enacted does not amend that section,
7and (4) this bill is enacted after Assembly Bill 2590, in which case
8Sections 5, 5.1, and 5.3 of this bill shall not become operative.

end insert
begin insert

9
(c) Section 5.3 of this bill incorporates amendments to Section
101170 of the Penal Code, as amended by Section 1 of Chapter 378
11of the Statutes of 2015, proposed by this bill, Senate Bill 1084,
12and Assembly Bill 2590. It shall only become operative if (1) all
13three bills are enacted and become effective on or before January
141, 2017, (2) all three bills amend Section 1170 of the Penal Code,
15as amended by Section 1 of Chapter 378 of the Statutes of 2015,
16and (3) this bill is enacted after Senate Bill 1084 and Assembly
17Bill 2590, in which case Sections 5, 5.1, and 5.2 of this bill shall
18not become operative.

end insert
19begin insert

begin insertSEC. 18.end insert  

end insert
begin insert

(a) Section 6.1 of this bill incorporates amendments
20to Section 1170 of the Penal Code, as amended by Section 2 of
21Chapter 378 of the Statutes of 2015, proposed by both this bill and
22Senate Bill 1084. It shall only become operative if (1) both bills
23are enacted and become effective on or before January 1, 2017,
24(2) each bill amends Section 1170 of the Penal Code, as amended
25by Section 2 of Chapter 378 of the Statutes of 2015, (3) Assembly
26Bill 2590 is not enacted or as enacted does not amend that section,
27and (4) this bill is enacted after Senate Bill 1084, in which case
28 Sections 6, 6.2, and 6.3 of this bill shall not become operative.

end insert
begin insert

29
(b) Section 6.2 of this bill incorporates amendments to Section
301170 of the Penal Code, as amended by Section 2 of Chapter 378
31of the Statutes of 2015, proposed by both this bill and Assembly
32Bill 2590. It shall only become operative if (1) both bills are
33enacted and become effective on or before January 1, 2017, (2)
34each bill amends Section 1170 of the Penal Code, as amended by
35Section 2 of Chapter 378 of the Statutes of 2015, (3) Senate Bill
361084 is not enacted or as enacted does not amend that section,
37and (4) this bill is enacted after Assembly Bill 2590, in which case
38Sections 6, 6.1, and 6.3 of this bill shall not become operative.

end insert
begin insert

39
(c) Section 6.3 of this bill incorporates amendments to Section
401170 of the Penal Code, as amended by Section 2 of Chapter 378
P104  1of the Statutes of 2015, proposed by this bill, Senate Bill 1084,
2and Assembly Bill 2590. It shall only become operative if (1) all
3three bills are enacted and become effective on or before January
41, 2017, (2) all three bills amend Section 1170 of the Penal Code,
5as amended by Section 2 of Chapter 378 of the Statutes of 2015,
6and (3) this bill is enacted after Senate Bill 1084 and Assembly
7Bill 2590, in which case Sections 6, 6.1, and 6.2 of this bill shall
8not become operative.

end insert


O

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