Resentencing and Release Information
CDCR Case Records professionals are committed to processing Abstracts of Judgement (AOJ) and minute orders (MO) issued by the courts as quickly as possible, while complying with legal mandates required for release from prison, in the event somebody is resentenced while incarcerated. Penal Code section 1213, subdivision (a) requires courts to send documents “forthwith” to CDCR. Once CDCR receives the documents, the process of completing legally required tasks begins, including:
- Checking for other cases the individual is serving
- Following up on detainers filed with CDCR by other law enforcement agencies
- Assigning a parole or Post-Release Community Supervision (PRCS) office
- Drafting conditions of parole
- Processing Offenders with a Mental Health Disorder and Sexually Violent Predators, when applicable
- Arranging specialty housing
- Issuing required notices (victims, witnesses, law enforcement)
- Ensuring the individual receives release funds
Timely document processing
Penal Code section 1213, subdivision (a) requires CDCR to receive the resentencing documents from the court to begin the process. To expedite this process, certified copies of the orders should be mailed and faxed directly to the incarcerated person’s housing institution. Documents sent to CDCR Headquarters will be forwarded to the housing institution, but there will be a delay in receipt of the documents.
In addition to the new sentence for each count and enhancement, the AOJ and MO should contain Penal Code section 4019 conduct credits for days prior to the original sentencing date. Including in the AOJ and MO the following details will assist in timely calculation processing:
- Penal Code section(s) to which the individual is resentenced
- Clarifying the intent of the court is to:
- order a supervision period pursuant to statute, if applicable
- order CDCR to calculate conduct credits after the date of original sentence and order CDCR to determine whether there is a parole period
- This includes situations where excess credits can be applied to reduce the applicable period of parole supervision, as well as situations where excess credits are waived to permit a period of supervision.
Direct questions about orders and records of particular individuals to the Case Records Office of the housing institution.
Release after resentencing
There are several reasons why an incarcerated person’s sentence may change. These include changes in law, finding of innocence, etc. All cases require steps to ensure proper release protocols, including victim notification, and completion of reentry planning:
- After an individual is resentenced, CDCR is required to have a certified copy of the amended AOJ and/or MO directly from the court that conducted the resentencing in order to process the new sentence. (Penal Code section 1213, subdivision (a))
- Verification of court orders is required and can only be accepted directly from the court that conducted the resentencing. Legal documents from a public defender, private attorney, incarcerated person, family/friends, or any other representative do not provide the required verification of accuracy, and therefore cannot be accepted.
- Legal documents should be sent directly to the incarcerated person’s housing institution, which can be found using the Online Locator. (Visit the CDCR Online Locator.)
- Documents should be addressed to the Case Records Office at the housing institution. This also applies when the individual is housed at a county jail while undergoing court proceedings. Contact information is attached.
- If there are questions about when paperwork was or will be sent from the court to CDCR, please contact the sentencing court.
Case Records professionals will contact the court to verify the order. Once the documents are verified, Case Records begins the process of preparing for release. This includes:
- Determining the incarcerated person does not have time to serve on another commitment
- Conducting internal notifications to ensure medical needs are met prior to release
- Requesting release funds
- Ensuring required victim or law enforcement notifications are made
- Identifying any holds, warrants, or detainers that may supersede the release order. These are specific to each individual case and may include:
- Offenders with a Mental Health Disorder (OMHD): Assessment to determine whether an individual should serve parole at a state hospital. This process takes up to 45 days.
- Activities taking place during this time include CDCR and Department of State Hospitals (DSH) evaluations, and independent evaluation by the Board of Parole Hearings (BPH).
- Sexually Violent Predator: Assessment to determine whether an individual should receive treatment from DSH. This process takes up to 45 days and includes evaluation by DSH.
- Law Enforcement Agency (LEA) detainers: The incarcerated person is released to the agency that lodged the detainer.
Calculating the new sentence
CDCR will ensure all applicable credits are applied. The incarcerated person receives their new calculation within five days unless there is a sentencing discrepancy. In such instances, the case is referred to the sentencing court for resolution.
If the individual believes there is an error in their sentence calculation, they should fill out a Form G-22 addressed to Case Records at their institution for evaluation. They can also file a grievance using a CDCR Form-602.
If it is determined the incarcerated person will be supervised by Probation upon release, appropriate notification and documents are provided to the County Probation Department.
If an individual is housed at a county jail, the institution’s Case Records Office follows the same release process as if the incarcerated person was housed at a CDCR institution. Once the release paperwork is completed, Case Records drops CDCR’s detainer.
In the event of a resentencing resulting in immediate release, the prerelease process is shortened to ensure the individual is prepared for reentry while still in compliance with the court’s order for release.
DAPO release process
Simultaneous to the above processes, the Division of Adult Parole Operations (DAPO) begins the pre-release process.
- If the individual is eligible and wishes to participate in the Transitional Case Management Program, DAPO will provide Medi-Cal, Social Security Administration, and Veterans Administration benefit application assistance.
- DAPO CTP will provide the individual with an individualized reentry case plan that contains additional resource linkage and referrals for local programs and services (i.e., substance use disorder treatment, county services such as Cal Fresh/general assistance, clothing, employment resources, tattoo removal, etc.).