Chapter 6 – Adult Classification

62020.3 Authority

• PCPenal Code 1170(d) permits the sentencing court to recall a previously ordered sentence and commitment within 120 days of the date of sentencing and re-sentence the inmate. The court may consider a recall of sentence and commitment upon the recommendation of the Director or the BPT at any time during an inmate’s incarceration.

• The sentencing court has absolute discretion in recalling a sentence and commitment within 120 days of sentencing. The court is not required to request or accept the Department’s diagnostic study and/or recommendation, however, departmental staff shall provide the sentencing judge a study and recommendation when requested.