AB 972

Bill Subjects

Abstract

Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, reduced the penalties for various crimes. Under the provisions of the act, a person currently convicted of a felony or felonies who would have been guilty of a misdemeanor under the act if the act had been in effect at the time of the conviction may petition or apply to have the sentence reduced in accordance with the act. The act required that this petition or application be filed before November 4, 2017, or at a later date upon a showing of good cause. Existing law requires that the petition be filed on or before November 4, 2022, or at a later date upon showing of good cause. This bill would, on or before July 1, 2020, amend Proposition 47 to require the Department of Justice to review the records in the state summary criminal history information database and to identify past convictions that are potentially eligible for resentencing under the act. The bill would require the department to notify the district attorney and the court of all cases in that jurisdiction that are potentially eligible for resentencing. The bill would require the district attorney, before November 2, 2022, to review those cases to determine whether the conviction meets the criteria for resentencing, and to notify the court if the case meets the criteria, or the court and the public defender if it does not. The bill would require the public defender, when notified by the district attorney that a case does not meet the requirements for resentencing, to make a reasonable effort to notify the person that the conviction has been deemed by the district attorney to not meet the criteria for resentencing. The bill would require a court to recall the sentence and resentence the person unless the district attorney notifies the court that a conviction does not meet the criteria for resentencing. The bill would require the department to post specified information relating to resentencing on its internet website. By increasing the duties of district attorneys and public defenders, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.