Expands sentence recall procedure under Penal code section Extends Penal Code section Permits persons convicted of certain drug offenses to be granted probation or a suspended sentence. Extends conduct credits to those confined in a state hospital or other mental health treatment facility pending a return to mental competency. Modifies Penal Code section Lewis 11 Cal. Amends Penal Code section to require dismissal of enhancements if it is in the furtherance of justice.
Requires a court to release a person on their own recognizance pending probation revocation hearing, absent clear and convincing evidence that conditions or bail are necessary. Expands category of persons who can seek to vacate conviction or sentence under Penal Code section Creates new appealable order β juvenile court order transferring minor from juvenile cout to court of criminal jurisdiction is appealable.
Selected changes to California Sentencing Laws Effective , affecting many criminal, some delinquency and some dependency cases Hon. Richard Couzens, ret. Declares certain enhancements legally invalid including prior prison terms and some drug enhancements.
Redefines Penal Code section Provides additional changes to implement the realignment of youths from the Department of Juvenile Justice DJJ to county-based custod. An aider and abettor may not be convicted of first degree premeditated murder under the natural and probable consequences doctrine. CDCR has already launched free audio calls for its incarcerated population; it is providing tablets and telephone calls. Retroactivity is phased. The following defendants are eligible to pursue relief through the RJA scheme:.
The Office of the State Public Defender has prepared a helpful memorandum outlining these legislative changes; ADI posts it here with permission. Because of the amendment, this petition process is available to prisoners serving life sentences, to those serving a sentence as a result of a plea, and to those who were sentenced before Assembly Bill No. These changes were created by a budget bill and are therefore effective immediately, i. See AB for full text.
