SB 81 – California’s Sentencing Enhancement Reform Explained

Introduction: A Turning Point in California Sentencing

For decades, California’s sentencing structure was shaped by “tough-on-crime” policies that stacked enhancement upon enhancement—firearm, gang, prior strike, and great-bodily-injury add-ons that could double or triple a prison term.

In 2021, the Legislature enacted Senate Bill 81 (SB 81) to restore balance. Effective January 1, 2022, SB 81 requires courts to dismiss sentencing enhancements unless doing so would endanger public safety.

At Power Trial Lawyers, we use SB 81 both as a shield—to protect clients from excessive punishment—and as a sword—to reopen and reduce already-imposed sentences. This guide explains how the law works, who qualifies, and how defendants can use it to shorten time in custody or prevent enhancements altogether.

What Is SB 81?

Senate Bill 81 was authored by Senator Nancy Skinner and codified at California Penal Code § 1385(c).
It directs judges to dismiss enhancements when such dismissal serves “furtherance of justice,” creating a strong presumption in favor of striking enhancements unless retention is necessary for public safety.

Legislative Intent

The Legislature found that excessive enhancements disproportionately impacted people of color and contributed to mass incarceration without proven public-safety benefit. SB 81’s purpose is to:

• Rein in prosecutorial overuse of enhancements.
• Encourage individualized, equitable sentencing.
• Reduce California’s overcrowded prison population.

Codification Snapshot

Penal Code § 1385(c)(1): “The court shall dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal is prohibited by any initiative statute.”

§ 1385(c)(2): Lists mitigating factors courts must consider and provides that dismissal is presumed to be in furtherance of justice unless the court finds dismissal would endanger public safety.

Historical Context: From Enhancement Era to Reform

Since the 1980s, California sentencing has layered dozens of enhancements—firearm use (§ 12022.5), gang participation (§ 186.22), prior prison terms (§ 667.5), serious felonies (§ 667(a))—often imposed cumulatively.

By 2018, lawmakers began reversing course:

• SB 620 (2017) made firearm enhancements discretionary.
• SB 136 (2019) repealed one-year prior-prison enhancements.
• AB 1509 (2021) targeted firearm “10-20-life” provisions.
  SB 81 unified this reform trend by instructing courts how to exercise discretion consistently.

Legal Framework: Breaking Down Penal Code § 1385(c)

1. Presumption in Favor of Dismissal

Courts must start from the presumption that dismissal of an enhancement is in the “furtherance of justice.” To rebut, the prosecution must show that dismissal would “endanger public safety,” defined narrowly as a likelihood of physical injury to others.

2. Mandatory Factors

Judges must consider, among others:

• Age under 26 at offense (§ 1385(c)(2)(E)).
• Childhood trauma or victimization (§ 1385(c)(2)(H)).
• Mental illness, substance abuse, or reduced culpability.
• Multiple enhancements for a single incident (§ 1385(c)(2)(B)).
• Overlapping or excessive sentencing exposure (§ 1385(c)(2)(C)).
• Plea offers and comparative sentencing outcomes.

3. Public-Safety Limitation

Even when factors favor dismissal, the court may retain an enhancement if striking it would endanger the public—a high threshold, supported by factual findings on the record.

How SB 81 Works in Practice

When It Applies

SB 81 applies:

1. At initial sentencing—the court must consider dismissal sua sponte.
2. At resentencing—if a case returns to court under AB 600 (Penal Code § 1172.1), recall provisions, or appellate remand.
3. Through post-conviction petitions—defense counsel may file a motion citing § 1385(c) requesting dismissal of one or more enhancements.

Retroactivity

While SB 81 is not explicitly retroactive, appellate courts have held it applies to non-final cases on appeal and to resentencing hearings under § 1172.1 or § 1172.6. Many trial courts likewise apply it in conjunction with People v. McKenzie (2020) 9 Cal.5th 40 and People v. Padilla (2022) 13 Cal.5th 152 to ensure parity and fairness.

Procedure

A typical SB 81 motion includes:

• Sentencing transcript and abstract of judgment.
• Declaration outlining mitigating factors.
• Evidence of rehabilitation or trauma.
• Legal memorandum citing § 1385(c) and supporting case law.
  The prosecution may oppose; the judge must issue a reasoned decision on the record.

Who Qualifies Under SB 81

SB 81 applies to any defendant facing one or more sentencing enhancements, except where dismissal is barred by an initiative statute (e.g., Proposition 8 serious-felony enhancements under § 667(a)).

Strong Candidates

• Defendants with multiple overlapping enhancements.
• Young adults (under 26 at offense).
• Individuals with documented trauma, abuse, or mental-health history.
• Those demonstrating rehabilitation or reentry progress.
• Defendants serving disproportionately long terms due to stacked enhancements.

Limitations

• Courts cannot strike enhancements imposed by initiative statutes unless voters amend those laws.
• Dismissal cannot compromise public safety.
• Judges retain discretion; SB 81 does not mandate dismissal in every case.

How to Get SB 81 to Apply to Your Case

Even with favorable law, results depend on procedure, timing, and advocacy. Power Trial Lawyers routinely achieves SB 81 relief by pursuing multiple entry points:

1. Pre-Sentencing Advocacy

When the case is still pending:

• File a sentencing memorandum invoking § 1385(c).
• Present mitigation: youth, trauma, mental-health reports.
• Where appropriate, it is recommended to seek an expert who can provide the court with details about youth, trauma, mental-health, etc.
• Argue dismissal would not endanger public safety.
  Outcome: enhancements can be stricken before judgment.

2. Sentencing or Resentencing Motions

If judgment is entered but modifiable:

• Seek recall under AB 600 / Penal Code § 1172.1 (court-initiated or defense-requested).
• Include SB 81 analysis within resentencing brief.
• Request joint stipulation from prosecution where appropriate.

3. Pending Appeal

If the case is on direct appeal and not final:

• Raise SB 81 as an intervening ameliorative change (per In re Estrada (1965) 63 Cal.2d 740).
• Ask the Court of Appeal to remand for resentencing under current law.

4. Post-Conviction Petition

For final cases:

• File a motion for resentencing in the trial court invoking the court’s continuing jurisdiction under § 1172.1 or via local district attorney “resentencing unit.”
• Combine with other relief (e.g., AB 600, AB 256, or compassionate release).
• You should consult with a lawyer to ensure you understand the statutory framework for AB 600 or other post-conviction petitions. Limitations may apply.

5. Collaboration with Prosecutors

Some counties maintain post-conviction units that stipulate to SB 81 relief in appropriate cases. A persuasive defense packet demonstrating rehabilitation and low risk to public safety can trigger joint recommendations.

6. Habeas or Extraordinary Writ

If other avenues are exhausted, a limited writ of habeas corpus petition may be viable where failure to apply SB 81 results in an illegal or unauthorized sentence.

7. Early Preparation Matters

Judges favor credible documentation: therapy records, educational achievements, expert declarations, or community-support letters. The more complete the record, the stronger the SB 81 presumption becomes.

Case Law and Emerging Interpretation

Since SB 81 took effect, California courts have steadily clarified its reach. These decisions are the backbone of every effective motion under Penal Code § 1385 (c).

People v. Walker (2022) 86 Cal.App.5th 386

Walker confirmed that § 1385 (c) creates a rebuttable presumption favoring dismissal of enhancements. A trial court that wishes to retain an enhancement must make express findings that dismissal would “endanger public safety.” Merely labeling an offense “serious” or “violent” is insufficient.

People v. Ortiz (2023) 97 Cal.App.5th 635

The court held that SB 81 applies to any sentencing hearing held after January 1, 2022, even if the offense occurred earlier. Ortiz emphasized that judges must evaluate each enhancement individually, not simply accept the prosecution’s recommendation wholesale.

People v. Lipscomb (2024) 100 Cal.App.5th 722

Lipscomb addressed defendants resentenced under AB 600 (Penal Code § 1172.1) and confirmed that § 1385 (c) factors apply during those proceedings. The opinion underscores the interplay between SB 81 and California’s broader resentencing framework.

People v. Andrade (2024) Cal.App. Unpub. — illustrative

Though unpublished, many trial courts cite Andrade for its step-by-step explanation of how to weigh cumulative enhancements and document “furtherance of justice” findings.

Together, these cases demonstrate that appellate courts expect reasoned discretion and record-based findings. A silent record invites remand for re-sentencing.

Practical Defense Strategies Under SB 81

1. Build a Robust Mitigation Record

• Youth and Brain Development: Use psychological or neuroscientific evaluations for clients under 26.
• Trauma Documentation: Certified therapy notes or expert declarations proving long-term abuse or PTSD.
• Rehabilitation Evidence: GED certificates, vocational completion, substance-abuse recovery, or commendations from CDCR.

2. Tie Every Fact to a Statutory Factor

For each enhancement challenged, cite the relevant subdivision:

Under § 1385 (c)(2)(B), multiple enhancements in a single incident should be dismissed to avoid cumulative punishment.

3. Highlight Comparative Sentencing

Show how similar defendants or co-participants received shorter terms. Courts weigh equity when determining “furtherance of justice.”

4. Demonstrate No Danger to Public Safety

Offer risk-assessment data, parole reports, or community letters to rebut any suggestion of ongoing threat. SB 81 defines danger narrowly—only physical risk to others qualifies.

5. Coordinate with Prosecutors

Many District Attorneys’ resentencing units will stipulate to dismissal when rehabilitation is verified. Collaboration accelerates relief.

6. Use SB 81 with Other Reform Statutes

Combine relief strategically:

• AB 600 (§ 1172.1): Opens the resentencing door.
• AB 256 (Racial Justice Act): Adds evidence of sentencing bias.
• SB 620 (§ 12022.5): Addresses firearm enhancements specifically.

A single petition can reference all three, giving judges multiple legal bases to strike or recall a sentence.

Practical Examples

Example 1 – Firearm Enhancement (§ 12022.5)

Before SB 81: 10-year add-on mandatory.
After SB 81: Judge must presume dismissal if the firearm was not discharged and no one was harmed, unless doing so endangers public safety.
Result: A 12-year sentence can drop to 2 years or probation.

Example 2 – Gang Enhancement (§ 186.22)

Revised gang laws plus SB 81 allow dismissal when the offense stems from environment or coercion rather than organized crime.
Result: Potential reduction of 10 years.

Example 3 – Multiple Enhancements

Two enhancements for the same incident—say, a firearm and a GBI—trigger § 1385 (c)(2)(B)’s directive to dismiss one.
Result: 3–10 years off the total term.

Policy Impact and Broader Significance

SB 81 is not merely a sentencing tool—it is a policy statement about justice and proportionality.
By instructing courts to view dismissal as the default, the Legislature recognized:

• Public safety is not measured by sentence length alone.
• Individualized justice reduces recidivism.
• Racial disparities shrink when enhancements are scrutinized rather than rubber-stamped.

Preliminary data from California’s Legislative Analyst’s Office show downward trends in average sentence lengths and prison overcrowding since 2022, particularly for firearm and prior-prison enhancements.

Future of SB 81

Reform momentum continues. 2025 legislative proposals may expand § 1385(c) to explicitly cover enhancements imposed by initiative statutes or to require appellate courts to apply the same presumption on review.

Courts are also exploring whether youthful-offender parole eligibility (Penal Code § 3051) and SB 81 dismissals can overlap to further shorten confinement.

Why Choose Power Trial Lawyers

SB 81 is powerful only when properly executed. At Power Trial Lawyers:

• We file targeted motions to seek to dismiss enhancements under § 1385(c).
• We integrate AB 600 resentencing and post-conviction strategies for maximum relief, where applicable.
• We maintain relationships with DA units statewide to secure stipulations that expedite release.

If you or a loved one is serving a sentence inflated by enhancements, contact Power Trial Lawyers for a confidential review at (888) 808-2179 or through our online intake form.

Frequently Asked Questions about SB 81