California Code of Regulations
Title 15 - Crime Prevention and Corrections
Division 3 - Adult Institutions, Programs and Parole
Chapter 1 - Rules and Regulations of Adult Operations and Programs
Article 6.6 - Department Recommendation to Recall Sentence and Resentence Incarcerated Person
Section 3076 - Secretary's Authority
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Subdivision (a)(1) of Section 1170.03 of the Penal Code authorizes the Secretary to recommend to a sentencing court that the sentence and commitment previously imposed on an incarcerated person be recalled and that the court resentence the incarcerated person for any reason, subject to the Secretary's sound discretion.
(b) Subdivision (e)(1) of Section 1170 of the Penal Code authorizes the Secretary to recommend to a sentencing court that the sentence previously imposed on an incarcerated person be recalled if the criteria found in subdivision (e)(2) of Section 1170 of the Penal Code are satisfied.
(c) The provisions of this article do not apply to condemned incarcerated persons and incarcerated persons sentenced to life without the possibility of parole.
Note: Authority cited: Section 5058, Penal Code. Reference: Sections 1170.03, 1170(e) and 5054, Penal Code.
