AB2942 Resentencing Petitions – Penal Code Section 1170(D)
Did you know that you or your loved one may be able to submit a resentencing petition to the court? Current inmates in both county jails and state prisons may be eligible to see their jail sentences cut. However, a resentencing petition under California Penal Code Section 1170(D) only applies in certain scenarios. You will need to check with an experienced criminal defense attorney to determine if your case fits the law’s parameters.
When Does California Resentencing Apply?
The year 2021 has been momentous for changes to the criminal justice system in California. Lawmakers updated the state’s code in a variety of ways to attempt to address systemic bias against minorities or underrepresented groups. The changes include how the police treat suspects and juveniles, how the district attorney charges crimes, and how juries are selected.
However, resentencing petitions under Penal Code Section 1170(D) predate all the recent legal changes. It is another method that is available to assist citizens seeking post-sentencing relief. For numerous reasons, California has allowed inmates to seek reductions in their jail or prison terms.
Seeking a resentencing petition under Penal Code 1170(D) requires you to directly petition the court for relief. A judge then reviews the petition and determines whether your loved one’s circumstances meet the qualifications of the law. You may have heard of a chance to have your loved one’s sentence reduced. This would mean they could return to freedom and daily life sooner than expected.
But, for now, the provision only applies in two circumstances. You or your loved one needs the support and recommendation of either:
- The California Department of Corrections
- The District Attorney of the county where you were sentenced
Because of the difficulty of finding support from either of these two offices, it’s a good idea to seek legal assistance before proceeding with a resentencing petition
Resentencing Petition Recommended by California Department of Corrections
The first way to seek a reduction through a resentencing petition under Penal Code 1170(D) is to have the recommendation of the California Department of Corrections. The Department of Corrections is responsible for running all the state prisons throughout California. Once you are in their custody, you become a ward of the Department. They have to provide specific minimum standards of lodging, food, medical care, safety, etc.
Through the relationship between inmates and the Department of Corrections, officials can become knowledgeable about who is a hardened criminal and who may not belong amongst the prison population.
If a corrections official realizes that someone has been dealt a bad hand, they can recommend a sentence reduction under Penal Code 1170(D). Then, you can petition the court for resentencing based upon their recommendation.
Recommended Resentencing by a District Attorney
The only other way to seek relief under California’s resentencing petitions is through the recommendation of a District Attorney. Additionally, it must be a District Attorney for the county where you received your sentence.
For example, if you were convicted in a Los Angeles County court, only the Los Angeles County District Attorney can offer their recommendation for resentencing.
Because of the overwhelming volume of inmates who believe they received an unjustly harsh sentence, not everyone will be granted a recommendation from either the District Attorney or the Department of Corrections. Even model prisoners may be excluded. Therefore, you should contact a lawyer who has dealt with resentencing petitions to determine whether your loved one is an ideal candidate.
If you believe that you or your loved one may be eligible for a resentencing petition under Penal Code 1170(D) in Orange County, California, contact Chambers Law Firm. Our team of dedicated criminal defense attorneys can help. Schedule a fee-free initial consultation today by calling 714-760-4088 or emailing dchambers@clfca.com.
