Bill Text

Bill Information


PDF |Add To My Favorites |Track Bill | print page

SB-483 Sentencing: resentencing to remove sentencing enhancements.(2021-2022)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 05/21/2021 04:00 AM
SB483:v97#DOCUMENT

Amended  IN  Senate  May 20, 2021
Amended  IN  Senate  March 03, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 483


Introduced by Senator Allen

February 17, 2021


An act to add Sections 1171 and 1171.1 to the Penal Code, relating to resentencing.


LEGISLATIVE COUNSEL'S DIGEST


SB 483, as amended, Allen. Sentencing: resentencing to remove sentencing enhancements.
Prior law, in effect until January 1, 2020, required a sentencing court to impose an additional one-year term for each prior separate prison term or county jail felony term served by the defendant for a nonviolent felony, as specified. Prior law, in effect until January 1, 2018, required a sentencing court to impose on a defendant convicted of specified crimes relating to controlled substances, an additional 3-year term for each prior conviction of specified controlled substances crimes, including possession for sale of opiates, opium derivatives, and hallucinogenic substances, as specified. Existing law limits the imposition of these sentencing enhancements to certain specified circumstances.
This bill would declare an enhancement imposed pursuant to one of these prior provisions to be legally invalid. The bill would require the Secretary of the Department of Corrections and Rehabilitation and the county correctional administrator of each county to, by no later that March 1, 2022, to identify those persons in their custody who are serving a sentence that includes one of these enhancements and provided provide this information to the sentencing court, as specified. The bill would require this information to be provided by March 1, 2022, for those individuals who are currently serving time for the enhancement and by July 1, 2022, for all others. The bill would require the court, after verifying specified information, to administratively amend the abstract of judgment to remove any invalid sentence enhancements. The bill would require the court to grant this relief to those individuals who have served their base term and any other enhancements and are currently serving the enhancement described above by July 1, 2022, and all other individuals by December 31, 2023.
By requiring additional duties of county officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares that in order to ensure equal justice and address systemic racial bias in sentencing, it is the intent of the Legislature to retroactively apply Senate Bill 180 of the 2017–18 Regular Session and Senate Bill 136 of the 2019–20 Regular Session to all persons currently serving a term of incarceration in jail or prison for these repealed sentence enhancements.

SEC. 2.

 Section 1171 is added to the Penal Code, to read:

1171.
 (a) Any sentence enhancement that was imposed prior to January 1, 2018, pursuant to Section 11370.2 of the Health and Safety Code, except for any enhancement imposed for a prior conviction of violating or conspiring to violate Section 11380 of the Health and Safety Code, is legally invalid.
(b) By no later than March 1, 2022, the The Secretary of the Department of Corrections and Rehabilitation and the county correctional administrator of each county shall identify those persons in their custody currently serving a term for a judgment that includes an enhancement described in subdivision (a) and shall provide the name of each person, along with the person’s date of birth and the relevant case number or docket number, to the sentencing court that imposed the enhancement. This information shall be provided as follows:
(1) By March 1, 2022, for individuals who have served their base term and any other enhancements and are currently serving a sentence based on the enhancement.
(2) By July 1, 2022, for all other individuals.
(c) Upon receiving the information described in subdivision (b), the court shall, by no later than July 1, 2022, shall review the judgment and verify that the current judgment includes a sentence enhancement described in subdivision (a). If the court determines that the current judgment includes an enhancement described in subdivision (a), the court shall administratively amend the abstract of judgment to delete that enhancement. The review and amendment shall be completed as follows:
(1) By July 1, 2022, for individuals who have served their base term and any other enhancement and are currently serving a sentence based on the enhancement.
(2) By December 31, 2023, for all other individuals.

SEC. 3.

 Section 1171.1 is added to the Penal Code, to read:

1171.1.
 (a) Any sentence enhancement that was imposed prior to January 1, 2020, pursuant to subdivision (b) of Section 667.5, except for any enhancement imposed for a prior conviction for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, is legally invalid.
(b) By no later than March 1, 2022, the The Secretary of the Department of Corrections and Rehabilitation and the county correctional administrator of each county shall identify those persons in their custody currently serving a term for a judgment that includes an enhancement described in subdivision (a) and shall provide the name of each person, along with the person’s date of birth and the relevant case number or docket number, to the sentencing court that imposed the enhancement. This information shall be provided as follows:
(1) By March 1, 2022, for individuals who have served their base term and any other enhancements and are currently serving a sentence based on the enhancement.
(2) By July 1, 2022, for all other individuals.
(c) Upon receiving the information described in subdivision (b), the court shall, by no later than July 1, 2022, shall review the judgment and verify that the current judgment includes a sentencing enhancement described in subdivision (a). If the court determines that the current judgment includes an enhancement described in subdivision (a), the court shall administratively amend the abstract of judgment to delete that enhancement. The review and amendment shall be completed as follows:
(1) By July 1, 2022, for individuals who have served their base term and any other enhancement and are currently serving a sentence based on the enhancement.
(2) By December 31, 2023, for all other individuals.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.