Prosecutor Initiated Resentencing

What is Prosecutor Initiated Resentencing?

Prosecutor Initiated Resentencing occurs when the prosecuting agency that obtained a conviction petitions the court to review the original sentence and determine if that sentence is still in the interests of justice. If the court believes a lower sentence is in the interests of justice and resentencing would not pose an unreasonable risk to public safety, the court is permitted to reduce the original sentence.

Am I Eligible for Prosecutor Initiated Resentencing?

Prosecutor Initiated Resentencing is discretionary and different criteria for eligibility can be created by each prosecuting agency. The prosecuting agency can also decide not to seek any resentencing petitions. You can contact the prosecuting agency that obtained the conviction against you to determine if they are engaged in Prosecutor-Initiated Resentencing, pursuant to Penal Code section 1172.1.

The California Department of Justice (DOJ) has created a prosecutor initiated resentencing program for cases that were prosecuted by a Deputy Attorney General. If your case was prosecuted by DOJ, you may be eligible to apply for resentencing.

How Do I Know Who Prosecuted My Case?

Most cases are prosecuted by county prosecutors or Deputy District Attorneys. Sometimes due to conflicts, resources, or other factors, a Deputy Attorney General working for DOJ will handle the case. If you have a transcript from your trial, you will usually be able to find the name and employing agency of the prosecutor at the beginning of the transcript. Information about the prosecuting agency is also contained in the Abstract of Judgement and some minute orders from court proceedings. If you were represented by counsel at trial, they should be able to provide you with the name of the prosecuting agency in your case.

My Case Was Prosecuted by DOJ. Can I Apply for Resentencing?

If your case was prosecuted by DOJ, you are eligible to apply for prosecutor initiated resentencing if you meet the following minimum criteria:

  • DOJ prosecuted your case in the Superior Court. This does NOT include prosecutions by District Attorneys’ offices.
  • You were sentenced to at least 5 years in state prison
  • You were NOT sentenced to Life without Parole or Death
  • You are not required to register under Penal Code section 290
  • You are currently classified for California Department of Corrections and Rehabilitation (CDCR) housing in levels 1, 2, or 3.
  • You have been incarcerated in a custodial, medical, or residential treatment facility after arrest for at least:
    • 5 years (1875 actual days) for any Non-Serious/Non-Violent Felonies
    • 7 years (2555 actual days) for any Serious Felony
    • 10 years (3650 actual days) for any Violent Felony

How Do I Apply for Resentencing of My DOJ Prosecuted Case?

You or your authorized designee may complete an electronic application. You may obtain a paper copy of the application from a Prison Law Office. You can also request an application by mail or email:

Physical Address:
California Department of Justice
Post Conviction Justice Unit
PO Box 944255
Sacramento, CA 94244

or

Email: pcju@doj.ca.gov

What Happens After I Apply for DOJ Resentencing?

Once your application is received, it will be evaluated to determine if you are eligible to move forward with secondary screening. If secondary screening is warranted, you will be notified by mail and required to complete additional paperwork, including some privacy waivers, that will allow inspection of your C-file and other records necessary to evaluate your rehabilitative efforts, reentry needs, and assess current risk to public safety. Once the review is complete, you will be notified as to whether DOJ decides to petition for resentencing in your case.

If DOJ files a petition seeking resentencing, the court will set a hearing date and appoint counsel to assist you. You and your attorney will work together to build a reentry plan and to provide the court with information about your rehabilitative efforts. After a petition is filed, the ultimate decision on resentencing is made by a judge at a hearing where you have the right to attend and present information to the court.