Senate Bill (SB) 483 went into effect on January 1, 2022. SB 483 was codified under Penal Code, Sections 1171 and 1171.1. The law requires the California Department of Corrections and Rehabilitation (CDCR) to provide sentencing courts with information regarding incarcerated persons whose sentences include enhancements under Health and Safety Code, Section 11370.2 or Penal Code, Section 667.5(b).
The information is provided to the courts in two phases. The information was provided by March 1, 2022, for individuals who have served their base term and any other enhancements and are currently serving a sentence based on the enhancement, and by July 1, 2022, for all other individuals. For purposes of this paragraph, all other enhancements shall be considered to have been served first.
The sentencing court then has the responsibility to complete a review of the judgment, verify the enhancement, and consider resentencing the incarcerated person. For those persons who have served their base term and any other enhancement and are currently serving a sentence based on the enhancement, the sentencing court has until October 1, 2022, to resentence the person. For all other persons convicted of either enhancement, the court has until December 31, 2023, to resentence the person.
After an individual is resentenced, CDCR needs a copy of the amended abstract of judgment and/or minute order in order to process the new sentence:
- CDCR can only accept legal documents directly from the court
- Legal documents will not be accepted from a public defender, private attorney, incarcerated person, family/friends, etc.
- It is preferable that legal documents are sent directly to the housing institution
- Legal documents can be sent to the Legal Processing Unit (LPU)
- If the documents are received via fax or email, CDCR staff will contact the court to verify the order prior to processing
- Pursuant to CCR Title 15, Section 3371.1(e)(2), an incarcerated person shall be released within five business days after receipt of the amended abstract of judgment or court order if it is determined that the individual is immediately eligible for release