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

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Date Published: 03/03/2021 09:00 PM
SB483:v98#DOCUMENT

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 amend Section 1001.4 of the Penal Code, relating to crimes. 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. Criminal law: pretrial diversion. 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, identify those persons in their custody who are serving a sentence that includes one of these enhancements and provided this information to the sentencing court, as specified. The bill would require the court, after verifying specified information, to administratively amend the abstract of judgment to remove any invalid sentence enhancements.
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.

Under existing law, prosecution of an offense filed as a misdemeanor may be postponed, either temporarily or permanently, at any point in the judicial process from the point at which the accused is charged until adjudication, for the person charged to participate in a diversion program. Existing law requires the district attorney of each county to annually review diversion programs established pursuant to these provisions and prohibits a program from continuing without the approval of the district attorney and prohibits a person from participating in a diversion program without the authorization of the district attorney. Existing law guarantees a person a hearing before their pretrial diversion program can be terminated for cause.

This bill would make a technical, nonsubstantive change to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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 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.
(c) Upon receiving the information described in subdivision (b), the court shall, by no later than July 1, 2022, 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.

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 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.
(c) Upon receiving the information described in subdivision (b), the court shall, by no later than July 1, 2022, 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.

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.
SECTION 1.Section 1001.4 of the Penal Code is amended to read:
1001.4.

A divertee is entitled to a hearing, as set forth by law, before their pretrial diversion can be terminated for cause.