California Penal Code § 1172.2

(a) Notwithstanding any other law and consistent with paragraph (1) of subdivision (a) of Section 1170, if the statewide chief medical executive, in consultation with other clinical executives, as needed, determines that an incarcerated person satisfies the medical criteria set forth in subdivision (b), the department shall recommend to the court that the incarcerated person’s sentence be recalled. (b) There shall be a presumption favoring recall and resentencing under this section if the court finds that the facts described in paragraph (1) or (2) exist, which may only be overcome if a court finds the defendant is an unreasonable risk of danger to public safety, as defined in subdivision (c) of Section 1170.18, based on the incarcerated person’s current physical and mental condition. (1) The incarcerated person has a serious and advanced illness with an end-of-life trajectory. Examples include, but are not limited to, metastatic solid-tumor cancer, amyotrophic lateral sclerosis (ALS), end-stage organ disease, and advanced end-stage dementia. (2) The incarcerated person is permanently medically incapacitated with a medical condition or functional impairment that renders them permanently unable to complete basic activities of daily living, including, but not limited to, bathing, eating, dressing, toileting, transferring, and ambulation, or has progressive end-stage dementia and that incapacitation did not exist at the time of the original sentencing. (c) Within 10 days of receipt of a positive recommendation by the department, the court shall hold a hearing to consider whether the incarcerated person’s sentence should be recalled. (d) Any physician employed by the department, or their designee, who determines that an incarcerated person has a serious and advanced illness with an end-of-life trajectory or has a medical condition or functional impairment that renders them permanently medically incapacitated shall notify the chief medical executive of the prognosis. If the chief medical executive concurs with the prognosis, they shall notify the warden. Within 48 hours of receiving notification, the warden or the warden’s representative shall notify the incarcerated person of the recall and resentencing procedures and shall arrange for the incarcerated person to designate a family member or other outside agent to be notified as to the incarcerated person’s medical condition and prognosis and as to the recall and resentencing procedures. If the incarcerated person is deemed mentally unfit, the warden or the warden’s representative shall contact the incarcerated person’s emergency contact and provide the information described in subdivision (b). (e) The department shall refer the matter to the court for recall and resentencing within 45 days of the primary physician’s, or their designee’s, diagnosis and referral to the chief medical executive. (f) The warden or the warden’s representative shall provide the incarcerated person and their family member, agent, or emergency contact, as described in subdivision (d), updated information throughout the recall and resentencing process with regard to the incarcerated person’s medical condition and the status of the incarcerated person’s recall and resentencing proceedings. (g) Notwithstanding any other provisions of this section, the incarcerated person or their family member or designee may independently request consideration for recall and resentencing by contacting the chief medical executive at the prison. Upon receipt of the request, the chief medical executive and the warden or the warden’s representative shall follow the procedures described in subdivision (d). If the department determines that the incarcerated person satisfies the criteria set forth in subdivision (b), the department shall recommend to the court that the incarcerated person’s sentence be recalled. The department shall submit a recommendation for release within 45 days. (h) Any recommendati

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