(a) The County Resentencing Pilot Program (pilot) is hereby established to support and evaluate a collaborative approach to exercising prosecutorial resentencing discretion pursuant to Section 1172.1. Participants in the pilot shall include a county district attorneyâs office, a county public defenderâs office, and may include a community-based organization in each county pilot site. (b) Each participating district attorneyâs office shall do all of the following: (1) Develop and implement a written policy which, at minimum, outlines the factors, criteria, and processes that shall be used to identify, investigate, and recommend individuals for recall and resentencing. The district attorneyâs office may take into account any input provided by the participating public defenderâs office or a qualified contracted community-based organization in developing this policy. (2) Identify, investigate, and recommend the recall and resentencing of incarcerated persons consistent with its written policy. (3) Direct all funding provided for the pilot be used for the purposes of resentencing individuals pursuant to the pilot, including, but not limited to, ensuring adequate staffing of deputy district attorneys, paralegals, and data analysts who will coordinate obtaining records and case files, support data entry, assist in the preparation and filing of pleadings, coordinate with victim services, and any other tasks required to complete the processing and facilitation of resentencing recommendations and to comply with the requirements of the pilot. (c) A participating district attorneyâs office may contract with a qualifying community-based organization for the duration of the pilot. The community-based organization shall have experience working with currently or formerly incarcerated individuals and their support networks, and shall have expertise in at least two of the following areas: (1) Supporting and developing prerelease and reentry plans. (2) Family reunification services. (3) Referrals to postrelease wraparound programs, including, but not limited to, employment, education, housing, substance use disorder, and mental health service programs. (4) Restorative justice programs. (d) Nothing in this section shall be construed to limit the discretion or authority granted to prosecutors under Section 1172.1. (e) All funding provided to a participating public defenderâs office shall be used for the purposes of supporting the resentencing of individuals pursuant to the pilot, including, but not limited to, ensuring adequate staffing of deputy public defenders and other support staff to represent incarcerated persons under consideration for resentencing, identifying and recommending incarcerated persons to the district attorneyâs office for resentencing consideration, and developing reentry and release plans. A participating public defenderâs office may provide input to the county district attorneyâs office regarding the factors, criteria, and processes to be used by the district attorney in their exercise of discretion under Section 1172.1. (f) Each participating district attorneyâs office shall utilize the same template developed by the evaluator to identify and track specific measures consistent with the goals of this section. The template shall be finalized no later than October 1, 2021. The measures shall include, but not be limited to, the following: (1) A summary of expenditures by each entity receiving funds. (2) A summary of any implementation delays or challenges, as well as steps being taken to address them. (3) The total number of people incarcerated in state prison on the first day of each reporting year for convictions obtained in the reporting county. (4) The factors and criteria used to identify cases to be considered for prosecutor-initiated resentencing. (5) The total number of cases considered by a pilot participant for prosecutor-initiated resentencing. For each case, information collected shall include
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.