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California Legal Help Topics, Discussions and Information relating to Legal Information specific to the State of California. This information is *NOT PROFESSIONAL* and should always be fact-checked!

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Old 06-13-2018, 12:26 PM
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Default 1170(d)(1) Sentence recall by CDCR

Does anyone know about the process for 1170(d) recalls?

For those unfamiliar with Penal Code 1170(d), it gives the CDCR secretary the right to ask the sentencing court for a recall of sentence. We've been told the department is now filing quite a few of these petitions for inmates who have exhibited exemplary behavior and have served at least 10 years.

There is $2 million in the new state budget for this, with additional funds planned for next two years.
https://news.cdcr.ca.gov/external-af...-state-budget/

"Court Resentencing Petitions—A net increase of $2 million to allow the department to use Penal Code 1170(d)(1) to request the recall and resentencing of inmates who: (1) have an error in the calculation of their sentence or whose sentences are affected by changes in case law, or (2) exhibit exceptional conduct that indicates that their continued incarceration is not in the interest of justice and they would be a positive asset to the community."
We have a few friends for whom the department has already filed these recall petitions, and I just found out yesterday my husband was one of them (we actually submitted our own 1170(d) a couple years ago and Sec. Kernan just approved it)!

Kernan's recall is already filed in the county court and we are waiting for a hearing date.

Because this is a very rare type of petition, no one I know has any experience with the court proceedings to follow.

So I guess my questions are: Does anyone know what happens next in court? Can the court deny the petition without a hearing?
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Old 06-13-2018, 01:05 PM
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Awesome news! How do we find out if our loved one is eligible?

Congratulations on the approval!
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Old 06-13-2018, 02:00 PM
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Awesome news! How do we find out if our loved one is eligible?

Congratulations on the approval!
His counselor should know. And thanks!
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Old 06-13-2018, 02:03 PM
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His counselor should know. And thanks!
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Old 06-13-2018, 02:47 PM
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Originally Posted by qwerty View Post
Does anyone know about the process for 1170(d) recalls?

For those unfamiliar with Penal Code 1170(d), it gives the CDCR secretary the right to ask the sentencing court for a recall of sentence. We've been told the department is now filing quite a few of these petitions for inmates who have exhibited exemplary behavior and have served at least 10 years.

There is $2 million in the new state budget for this, with additional funds planned for next two years.
https://news.cdcr.ca.gov/external-af...-state-budget/

"Court Resentencing Petitions—A net increase of $2 million to allow the department to use Penal Code 1170(d)(1) to request the recall and resentencing of inmates who: (1) have an error in the calculation of their sentence or whose sentences are affected by changes in case law, or (2) exhibit exceptional conduct that indicates that their continued incarceration is not in the interest of justice and they would be a positive asset to the community."
We have a few friends for whom the department has already filed these recall petitions, and I just found out yesterday my husband was one of them (we actually submitted our own 1170(d) a couple years ago and Sec. Kernan just approved it)!

Kernan's recall is already filed in the county court and we are waiting for a hearing date.

Because this is a very rare type of petition, no one I know has any experience with the court proceedings to follow.

So I guess my questions are: Does anyone know what happens next in court? Can the court deny the petition without a hearing?
Further review of P.C 1170(E)(F)(G) describes the criteria that must be met
Under PC.1170(I) the court may deny the application. The court must list it reasons in the record also
I read on more through P.C 1170 part of this is also used for terminally ill inmates also ARTICLE 1. Initial Sentencing [1170 - 1170.91] Having the application accepted by the court sounds very good to me
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Old 06-13-2018, 03:04 PM
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Further review of P.C 1170(E)(F)(G) describes the criteria that must be met
Under PC.1170(I) the court may deny the application. The court must list it reasons in the record also
I read on more through P.C 1170 part of this is also used for terminally ill inmates also ARTICLE 1. Initial Sentencing [1170 - 1170.91] Having the application accepted by the court sounds very good to me
Thanks so much! I'm not sure if it was "accepted," but it does show up in his case file. The court asked the secretary for more info, which according to his file, was just delivered last week. Nothing has been scheduled yet.
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Old 06-13-2018, 04:12 PM
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Thanks so much! I'm not sure if it was "accepted," but it does show up in his case file. The court asked the secretary for more info, which according to his file, was just delivered last week. Nothing has been scheduled yet.

If the court is asking for more information from the Secretary. Then the court is gathering information. Remember the D.A will respond to this application also. Plus any victims are entitled to a say in court also. I am not trying to damper the news. Just trying to inform that all sides have a time to respond.
Time limits are defined in PC1170, but extensions are easily granted in any court matter.
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Old 06-13-2018, 05:54 PM
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If the court is asking for more information from the Secretary. Then the court is gathering information. Remember the D.A will respond to this application also. Plus any victims are entitled to a say in court also. I am not trying to damper the news. Just trying to inform that all sides have a time to respond.
Time limits are defined in PC1170, but extensions are easily granted in any court matter.
Great, that clarifies a lot.

In the past, the DA told us he wouldn't oppose it, but we shall see... thanks.
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