Resentencing to Correct Injustice
Post Conviction-Relief
Recent changes in the law allow the District Attorney’s Office or the California Department of Corrections and Rehabilitation to recommend resentencing to reduce a person’s term prison term if reducing the sentence is in the interest of justice. The court looks at a variety of factors to make this decision, including disciplinary record, record of rehabilitation, evidence that reflects whether age, time served, and diminished physical condition have reduced the risk for future violence, and evidence that reflects circumstances have changed since the original sentencing so that continued incarceration is no longer in the interest of justice.