Criminal procedure: resentencing.

Existing law authorizes a court, within 120 days after sentencing the defendant or at any time upon a recommendation from the Secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, the district attorney, to recall an inmate's sentence and resentence that inmate to a lesser sentence. Existing law requires the court, when resentencing, to apply the rules of the Judicial Council to eliminate disparity of sentences and promote uniformity of sentencing. Existing law authorizes a court to reduce a defendant's term of imprisonment and modify the judgment if it is in the interest of justice. This bill would require the court to state its reasons for a resentencing decision on the record, as specified. The bill would require the court to provide notice to the defendant, set a status conference within 30 days of the receipt of the request, and appoint counsel for the defendant. The bill would authorize the court to grant a resentencing without a hearing, if the parties are in agreement. The bill would additionally create a presumption favoring recall and resentencing the defendant in those hearings, as specified. By requiring the court to appoint counsel for the defendant, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 1170 of the Penal Code proposed by AB 124 and SB 567 to be operative only if this bill and AB 124 and SB 567 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 1170.03 of the Penal Code proposed by AB 124 to be operative only if this bill and AB 124 are enacted, without regard to chaptering. 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.