On October 8, 2023, California took a significant stride in criminal justice reform with the enactment of Assembly Bill 600, widely referred to as “AB 600”. This legislative development, approved by Governor Newsome, marks a paradigm shift in the state’s approach to resentencing hearings for inmates, introducing the concept of Judicial Initiated Sentencing. In this article, we will discuss AB 600, how it came about, how it works, and what applicants may anticipate if filing for an AB 600 “judicial initiated” resentencing.

Understanding AB 600: An Evolution in Resentencing

AB 600 stands as a pioneering California law designed to augment judges’ discretion in ordering resentencing hearings for inmates serving extended sentences for serious crimes. To grasp the nuances of AB 600, it is crucial to contrast its provisions with the previous legal landscape.

Pre-AB 600 Resentencing Procedures: A Rigorous Path

Before AB 600, judges could only order resentencing hearings under specific circumstances, primarily relying on recommendations from the district attorney or the Board of Parole Hearings. However, the limitations imposed by Penal Code § 1172.1 often rendered this mechanism ineffective, given its narrow timeframe of 120 days post-commitment to state prison.

Furthermore, the discretionary nature of district attorneys and the Board of Parole in responding to § 1172.1 petitions led to instances where meticulously prepared petitions were filed away without due consideration. This incongruity with the intended legislative purpose necessitated the emergence of AB 600.

AB 600: Liberating Judges’ Discretion

The pivotal feature of AB 600 lies in its elimination of the requirement for district attorney or Attorney General concurrence with the resentencing court’s decision. Post AB 600, inmates seeking resentencing hearings are no longer beholden to the discretion of these entities and can directly present their petitions to the court.

In the drafting of AB 600, the California Legislature explicitly stated its intent for courts to have complete discretion in resentencing proceedings, especially concerning prior strike decisions. The Legislature emphasized that factors considered in People v. Superior Court (Romero) (1996) should not be exhaustive, urging courts to consider various aspects, including Penal Code Section 1385 and post-conviction factors.

Criteria for a Resentencing Hearing Under AB 600

AB 600 mandates judges to consider “post-conviction factors” when reviewing resentencing petitions. These factors include an inmate’s disciplinary record, record of rehabilitation, reduced risk of future violence, and evidence suggesting that the defendant’s continued incarceration is no longer in the interest of justice.

Examples illustrating a defendant’s potential eligibility for resentencing under AB 600 encompass changes in the law favoring the inmate, constitutional rights violations during trial, evidence undermining conviction or sentence integrity, and experiences of psychological, physical, or childhood trauma.

Maximizing AB 600’s Impact: The Role of Legal Representation

With AB 600 poised to usher in a surge of resentencing petitions, ensuring the exceptional quality of petitions through proper procedural channels becomes imperative. Los Angeles Criminal Appeals Lawyers at Power Trial Lawyers, P.C. and Orange County Sentencing Lawyers at Power Trial Lawyers, P.C. boast a track record of successfully seeking resentencing hearings for clients. While AB 600 establishes a mechanism for resentencing, its utilization may not be a routine occurrence initiated by judges. Its efficacy becomes pronounced in situations where judges may have previously expressed an inclination toward imposing a more lenient sentence but found themselves bound by the legal constraints in place at the time. Moreover, a sufficient overview of an inmate’s central file may be relevant for a judicial officer to exercise their discretion under AB 600.

For those seeking insights into the ramifications of AB 600 and its potential impact on prior sentences, Power Trial Lawyers stands ready to provide assistance. Our focus in criminal appeals and writs of habeas corpus positions us as uniquely suited lawyer  in the intricacies of post-conviction proceedings. If you or someone you know is inquisitive about the implications of AB 600, our dedicated team is at your service.

To delve deeper into AB 600 and assess its potential impact on your sentence, reach out to Power Trial Lawyers, P.C. at 213-800-7664. Alternatively, connect with us through our secure online contact form to schedule a free consultation with our experienced legal team. At Power Trial Lawyers, we stand ready to navigate the complexities of AB 600 for the benefit of our clients.