The law permits prosecutors and — in some cases — inmates to have unduly harsh sentences reviewed
This summer, a California man got a new lease on life when he was released from prison after 16 years, despite being sentenced to 50 years to life. Kent Williams had not committed a violent crime, yet California’s harsh three strikes law meant that he received an incredibly long sentence for a series of nonviolent property crimes that were related to his addiction to crack cocaine. Under a new law, Mr. Williams was released from prison after prosecutors submitted his case to the court for recall and review. He is now rebuilding his life in San Diego.
Assembly Bill 2942 (AB 2942) took effect on January 1, 2019. Sponsored by Assembly member Phil Ting, this law allows district attorneys to review old cases and recommend a reduced sentence if they believe that the punishment is unduly harsh and no longer serves the interests of justice. A court will then make a determination as to whether to change the inmate’s sentence through a resentencing hearing. Courts are required to follow the Judicial Council’s sentencing rules in setting a new sentence under AB 2942.
A court will consider a number of factors in deciding whether to recall a defendant’s sentence under this law, including:
- The inmate’s disciplinary record while incarcerated;
- The inmate’s work towards rehabilitation;
- Evidence of the inmate’s risk of future violence; and
- Evidence that circumstances have changed since the inmate was originally sentenced, such that continued incarceration no longer serves the interests of justice.
In addition to prosecutors, the Board of Parole, the county correctional administrator for county jail inmates and the secretary of the California Department of Corrections and Rehabilitation (CDCR) may recommend to the court than an inmate’s sentence be reviewed. An inmate can also petition the sentencing court directly for a recall and review. A criminal defense lawyer San Bernardino, CA can help them determine if they meet the criteria for this type of relief.
Specifically, an inmate can ask for recall and resentencing if they were under 18 at the time of the offense, they were sentenced to life without parole, and they have served at least 15 years of their term. In addition, one of the following factors must be true:
- The defendant was convicted pursuant to felony murder or aiding and abetting murder provisions of law;
- The defendant does not have juvenile felony adjudications for assault or other felony crimes with a significant potential for personal harm to victims prior to the offense for which the sentence is being considered for recall;
- The defendant committed the offense with at least one adult codefendant; or
- The defendant has performed acts that tend to indicate rehabilitation or the potential for rehabilitation, including, but not limited to, availing himself or herself of rehabilitative, educational, or vocational programs, if those programs have been available at his or her classification level and facility, using self-study for self-improvement, or showing evidence of remorse.
While many inmates will not be eligible to petition the courts themselves for relief under AB 2942, others may have their sentences reduced through action by the prosecutor, the parole board, or CDCR. An experienced criminal defense lawyer San Bernardino, CA can help you understand the law and how it may apply to your case.
If you have been charged with a serious felony, you will need an aggressive criminal defense attorney to advocate for your rights. While California has significantly changed its laws, the three strikes law is still on the books — leaving open the possibility of harsh sentences. The Chambers Law Firm offers highly skilled representation to clients in San Bernardino and the surrounding areas. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
