Under existing law, most felonies are punishable by a triad of terms of incarceration in the state prison, comprised of low, middle, and upper lengths of terms. Until January 1, 2022, the choice of the appropriate term that is to best serve the interests of justice rests within the sound discretion of the court.

Existing law, effective January 1, 2015, requires the court, if it concludes that a defendant convicted of a felony offense is, or was, a member of the United States military who may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service, to consider that circumstance as a factor in mitigation when imposing a term pursuant to the sentencing provisions above. Under existing law, this consideration does not preclude the court from considering similar trauma, injury, substance abuse, or mental health due to other causes, as evidence or factors in mitigation.

This bill would authorize any person who was sentenced for a felony conviction prior to January 1, 2015, and who is, or was, a member of the United States military and who may be suffering from any of the above-described conditions as a result of his or her military service to petition for a recall of sentence under specified conditions. The bill would require the court, upon receiving a petition, to determine, at a public hearing held after not less than 15 days’ notice to the prosecution, the defense, and any victim of the offense, as specified, whether the person satisfies the specified criteria and, if so, would authorize the court, in its discretion, to resentence the person following a resentencing hearing.

This bill would prohibit resentencing under these provisions from resulting in the imposition of a term longer than the original sentence. The bill would also require a person who is resentenced pursuant to these provisions to be given credit for time served.