Office of

Victim & Survivor
Rights & Services

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This website will provide you with valuable information if you were the victim, survivor, or witness to a crime and the offender was sentenced to the California Department of Corrections and Rehabilitation (CDCR) either in an adult or juvenile facility.

HOW DO I...

Adult Programs

Lifer Parole Hearing Information

Is the offender serving a life sentence? Get information such as hearing schedules, attending a parole hearing, and writing a victim impact statement. ...» More

Sentencing, Incarceration, & Parole

Unfamiliar with the criminal justice process? Read our FAQ for answers regarding what happens during an offenders sentencing, incarceration, and parole. ...» More

Restitution Information

Information on how to collect restitution for victims, and how to pay restitution for offenders, as well as CDCR's efforts to help victims of crime that have been awarded restitution. ...» More


Latest News

BPH 1 year review of all three year denials

Under Marsy’s Law, the Board of Parole Hearings (BPH) was granted the ability to do an administrative type review of an inmate’s hearing decision. Recently, BPH implemented an administrative review process for all three year denials of life-term inmates. This review process will take place one year after the hearing. If it appears the administrative review has met the criteria to advance the inmate’s next hearing, the inmate will be scheduled for a new hearing.

» More Information


Proposition 36 – Three Strikes Reform Act of 2012

Proposition 36, the Three Strikes Reform Act, was passed by California voters in November 2012. This initiative provides that people currently sentenced as third strikers who have a current non-serious non-violent offense would be resentenced as second strikers. Additionally, there are specific offense restrictions for both current and prior offenses for inmates to be eligible for resentencing. Specific offenses include felony sex offenses requiring registration pursuant to PC 290. Also, the offender must not have used or possessed a firearm or deadly weapon or intend to cause harm while committing their current offense. Victims and/or victim family members shall retain the rights to participate in any resentencing hearing.

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Resentencing of juvenile offenders serving a life sentence without the possibility of parole

Senate Bill 9 was passed in September 2012 and became effective in January 2013. This bill authorizes an offender who was: under 18 years of age at the commitment of the offense, sentenced to life in prison without the possibility of parole, and having served 15 years of that sentence, to submit a petition to the sentencing court for recall and resentencing provided they meet all eligibility criteria and considerations. The bill would not allow a prisoner to petition, who tortured his or her victim or whose victim was a public safety official. Victims and/or victim family members shall retain the rights to participate in any resentencing hearing.

» More Information


Latest News


BPH 1 year review of all three year denials

Under Marsy’s Law, the Board of Parole Hearings (BPH) was granted the ability to do administrative reviews on an inmate’s hearing decision. Recently, BPH implemented an administrative review process for all three year denials of life-term inmates. This review process will take place one year after the hearing. The analysts at BPH will apply screening criteria to each case in deciding whether or not to advance the hearing date and a review will be conducted by BPH. If the inmate is screened and meets various criteria, you will have the right to provide BPH your views and interests prior to the board deciding whether or not to advance an inmate’s next hearing. If it appears the petition to advance or the administrative review has met the criteria to advance the inmate’s next hearing, you will be requested to provide input.

The legal standard for advancing an inmate’s next suitability hearing is “a change in circumstances or new information establishing a reasonable likelihood that consideration of the public and victim’s safety does not require the additional period of incarceration of the prisoner.” See Penal Code section 3041.5(b)(4). Therefore, your input should include a statement of how the public and your own safety would be affected if the inmate were to be released. After all input has been considered, the next steps would be the following:

  • (a) You will be notified by letter from BPH explaining either the inmate’s hearing will be advanced and put on calendar earlier than the original three year denial. You would then receive a new hearing notice, in approximately 90 days
  • (b) Or if the inmate is denied and not advanced, you will receive a letter explaining the offender will be kept on schedule as originally decided.

If you need further information about this process or have any questions, please feel free to contact the Office of Victim and Survivor Rights and Services at (877) 256-6877.


Proposition 36 – Three Strikes Reform Act of 2012

Key Points:

  • This new law allows people currently serving time for a non-serious and non-violent third strike to petition for resentencing as second-strikers. Roughly 2,800 inmates could be eligible, but the courts will ultimately decide eligibility.
  • Because this new law requires resentencing, no offenders will be automatically released.
  • This new resentencing process will take time to implement. Inmates have up to two years to petition the court for a new sentence.

Background:

This initiative provides that people currently sentenced as third strikers who have a current non-serious non-violent offense would be resentenced as second strikers.

Additionally, there are specific offense restrictions for both current and prior offenses for inmates to be eligible for resentencing. Specific offenses include felony sex offenses requiring registration pursuant to PC 290. Also, the offender must not have used or possessed a firearm or deadly weapon or intend to cause harm while committing their current offense.

In addition, the offender must have no prior convictions for

  • WIC 6600 (b) (insane person committing a violent sex act),
  • Oral copulation, sodomy or sexual penetration with someone less than 14 years old and more than 10 years younger than the offender,
  • Lewd and lascivious act with a minor,
  • Homicide,
  • Attempted homicide,
  • Solicitation to commit murder,
  • Assault with a machine gun on an officer,
  • Weapon of mass destruction,
  • A serious or violent crime punishable by a life sentence or death.

How many inmates would be eligible?

CDCR estimates that approximately 2,800 inmates would be eligible for consideration by the courts. The courts would then determine whether the inmates pose an unreasonable risk to public safety.

Proposition 36 would also reduce the length of some sentences served in the future. Some offenders with two prior serious or violent felony convictions who commit non-serious, non-violent felonies would be sentenced to shorter terms in state prison.

What is the process for resentencing?

County courts would conduct resentencing hearings after determining whether the inmate’s criminal offense history would make them eligible for resentencing.

Under the new law, the court would be required to resentence eligible offenders unless it determines that resentencing would pose an unreasonable risk to public safety.

The court can consider the offender’s criminal history, the extent of injury to victims, length of prior prison commitments, behavior in prison, participation in rehabilitation programs and any other relevant evidence.

Victims and/or victim family members shall retain the rights to participate in the hearing.

What happens to the inmate if the court does not resentence him/her?

Offenders whose requests for resentencing are denied by the courts would continue to serve out their life terms as originally sentenced.

If you need further information about this process or have any questions, please feel free to contact the Office of Victim and Survivor Rights and Services at (877) 256-6877.


Resentencing of juvenile offenders serving a life sentence without the possibility of parole

Key Points:

  • This bill authorizes an offender who was: under 18 years of age at the commitment of the offense, sentenced to life in prison without the possibility of parole (LWOP), and having served 15 years of that sentence, to submit a petition to the sentencing court for recall and resentencing provided they meet all eligibility criteria and considerations.
  • Because this new law requires resentencing, no offenders will be automatically released.
  • The bill would not allow a prisoner to petition, who tortured his or her victim, or whose victim was a public safety official.

Background:

This initiative provides that offenders who were sentenced under the age of 18 to life without parole can be resentenced providing they meet all eligibility criteria.

Eligibility criteria:

  • Requires a statement from the offender that includes that he or she was under 18 years of age at the time of the crime and was sentenced to life without parole
  • Describes his or her remorse and work towards rehabilitation
  • And describes that one of the following is true:
    • Offender was convicted to felony murder or aiding and abetting murder
    • Offender does not have juvenile felony adjudications prior to the considered sentence for assault or other felony crimes with a potential for personal harm
    • Offender committed the offense with at least one adult co-offender
    • Offender has performed acts that tend to indicate rehabilitation or the potential for rehabilitation (i.e.: rehabilitative education, vocational programs, evidence of remorse, self-study for self-improvement)

What is the process for resentencing?

The offender would submit a petition for recall/resentencing to the sentencing court, including a statement explaining fulfillment of eligibility criteria.

County courts would determine whether the inmate’s criminal offense history would make them eligible for resentencing.

If any of the eligibility criteria is missing from the petition the court shall return the petition to the offender to revise.

A reply to the petition, if any, shall be filed within 60 days of the date on which the prosecuting attorney was served the petition.

If the court finds the statements in the petition true, the court will hold a hearing to consider recall and/or resentencing (the new sentence cannot be greater than the initial sentence).

Victims and/or victims’ family members shall retain the rights to participate in the hearing.

What happens to the inmate if the court does not resentence him/her?

Offenders whose requests for resentencing are denied by the courts would continue to serve out their terms as originally sentenced.

If you need further information about this process or have any questions, please feel free to contact the Office of Victim and Survivor Rights and Services at (877) 256-6877.

 

Office of Victim & Survivor Rights & Services
P.O. Box 942883
Sacramento, CA 94283

Phone: 1-877-256-6877 | Fax: (916) 445-3737

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