Reducing Unconstitutional or Unfair Prison Sentences

Presenter: Caitlin Henry

Co-Presenter(s):
Danielle Caballero, DeDe Williams, Kristine Pham, Paloma Chavez

Presenter Status: Faculty

Academic Year: 20-21

Semester: Spring

Faculty Mentor: Caitlin Henry

Department: Criminology & Criminal Justice Studies

Funding Source/Sponsor: Koret Scholars Program

President's Strategic Plan Goal: Diversity and Social Justice

Screenshot URL: https://drive.google.com/uc?id=1LEMAfLobw37YaciS7cnBh5aUwRHunGZp

Abstract:

• June 2018 and January 2019 amendments to California Penal Code section 1170(d)(1) are resulting in the California Department of Corrections and Rehabilitation (CDCR) recommending people for resentencing and courts resentencing them. 

• For the first time in the United States, law enforcement agencies can request courts to resentence people based on sentence calculation errors, changes in law, exceptional conduct, or infirmity. 

• The penal code language outlines broad resentencing criteria. CDCR drafted “pilot” policies in July 2018, and “Emergency Regulations” in December 2019. 

• However, CDCR hasn’t held the requisite public comment rulemaking. Thus, without public input or oversight, CDCR developed a more restrictive policy that reduces the number of eligible people. 

• This project will evaluate the criteria and results of CDCR's policy in advance of an anticipated public comment process, and in the new context of increasing efforts to release people from prison due to COVID-19.

•  If 1170(d)(1) is implemented successfully, California will have created a new nationally replicable strategy to reduce prison populations and save billions of dollars.