2018-IPG-39 (NEW RESENTENCING PROVISIONS OF PC § 1170(d)(1))

2018-IPG-39 (NEW RESENTENCING PROVISIONS OF PC § 1170(d)(1))

This IPG discusses two new laws (one that went into effect in late June of 2018 (AB 1812) and one going into effect in early January of 2019 (AB 2942).  AB 1812 made changes to Penal Code section 1170(d)(1) allowing courts, upon recommendation of the Secretary of the Department of Corrections and Rehabilitation (CDCR) or the Board of Parole Hearings (or the county correctional administrator in the case of county jail inmates) to resentence defendants and modify judgments, including judgments entered after a plea agreement, at any time and in any case.  AB 2942 will allow district attorneys to recommend resentencing under that section as well.  The potentially wide-ranging impact of these changes is explored.