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Resentencing

 

​California law has long authorized state prison and county jail officials to recommend an eligible inmate be returned to court for resentencing. In 2018, prosecutors in counties where an inmate was previously sentenced were authorized to recommend resentencing an eligible inmate. In 2022, inmates returned to court for possible resentencing were given the right to due notice of their referral, a judicial hearing to decide if resentencing was appropriate, and the appointment of counsel to represent them. In 2024, the California Attorney General was given the authority to recommend resentencing in the cases that it had prosecuted and resentencing was made available to defendants who had already served their sentences as well as inmates who were still incarcerated. Expanding the reach of resentencing was a major step forward. At the same time, it was problematic in that each governmental entity was given the authority to decide for itself who was eligible for referral and the referral criteria are not uniform. Those in or out of custody who seek to be resentenced require appointed or retained counsel to assist them in navigating the bureaucratic complexities in the law that governs resentencing in California.

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