Second Look Resentencing Developments - A Coastal Comparison

• In Event: Second Look Resentencing Developments

Abstract

Second-look sentencing has emerged in California as a new pathway for incarcerated individuals to return to their communities in the face of previously lengthy sentences. In California, recent Penal Code 1172 and AB 600 reforms resulted in increased opportunities for potential eligibility. This includes discretionary court-initiated resentencing under AB600, mandatory process under AB2483, and promising proposals for the addition of referrals from entities such as CalFire under AB812.
New York and several surrounding states have developed mechanisms for sentence reconsideration involving a variety of factors, such as age, time served, and prior military service. Additionally, multiple states have approved prosecutor initiated resentencing laws permitting prosecutors to initiate sentence review and referral for resentencing.
This paper describes the landscape of resentencing in California, details current successes and ongoing challenges, and includes a comparative analysis to developments in other states.

Author

• Kaitlyn McCarthy, San Diego County Public Defender