Existing law authorizes a court, on its own motion within 120 days of the date of the defendant's commitment, or at any time if the applicable sentencing laws have changed or upon a recommendation from the Secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, or the district attorney, to recall a defendant's sentence and resentence that defendant to a lesser sentence.
Existing law establishes the California Conservation Camps for the purpose of having incarcerated persons work on projects supervised by the Department of Forestry and Fire Protection. Existing law requires the department to utilize incarcerated persons assigned to conservation camps in performing fire prevention, fire control, and other work at the department.
This bill would authorize the court to consider a recall and resentencing request from an incarcerated firefighter upon a recommendation from the department. Upon receipt of a request, the bill would require the court to conduct a hearing to determine whether recall and resentencing would serve the interests of justice based on certain considerations, as specified.
Statutes affected: AB 812: 1172.1 PEN
02/19/25 - Introduced: 1172.1 PEN