1170(d)(1) - California Recall of Sentence Petitions Explained

For those unfamiliar with California Penal Code 1170(d)(1), it gives the right to petition an authorized state official, such as the CDCR Secretary, to review a currently incarcerated person’s eligibility for resentencing in light of the following:

  1. Exceptional behavior while incarcerated;

  2. New information that has come to light since the conviction - for example, it is found there was an error in calculating their sentence;

  3. Circumstances have changed such that the inmate's continued incarceration is not in the interest of justice - for example, those whose sentences are affected by changes in legislation or new case law

If the petition is successful, the current sentence will be recalled and the person can be resentenced to a shorter time or time served.

New Developments: AB 1812 Signed Into Law

On June 27, 2018, Gov. Jerry Brown signed AB 1812, amending and expanding the ability to recall sentences under Penal Code 1170(d)(1). To implement the new law, Gov. Brown instructed CDCR to receive petitions from inmates who believe they deserve a new sentence based on (1) exceptional in-prison conduct, or (2) disproportionate punishment.

As of August 31, 2018, more than 300 sentence recalls have been issued in 32 counties across California.

We Are Filing 1170(d)(1) Petitions

CDCR is currently only granting up to 40 recall petition cases per week, so it is important to act now. Contact us today for a legal consultation.

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