The recent passing of Senate Bill 483 (SB 483) hopes to bring justice to inmates across California by providing post-conviction relief to those plagued by lengthy sentence enhancements.
The root cause of introducing the bill
Evidence suggests that extended incarceration negatively affects community security, individual welfare, and familial relationships. In addition, longer sentences reflect the persistence of racism in the criminal justice system, with minority communities in California bearing the brunt of these injustices. SB 483 aims to address these issues by encouraging efficiency and fairness in sentencing.
The bill passed the Senate in June 2021, making its way through the Assembly by early September. The bill, however, was effectively signed into law on October 8, 2021, after approval from California Governor Gavin Newsom.
More about SB 483
Attempting to assist in the resentencing of individuals convicted with specific sentencing enhancements, SB 483 does two main things.
It first asserts the legal invalidity of any sentence enhancements given to defendants before January 1, 2020. Secondly, SB 483 attempts to target drug convictions by discrediting sentence enhancements imposed before January 1, 2018, for crimes relating to controlled substances.
However, the protections provided by SB 483 do not extend to all types of crime. Sexually violent offenses and controlled substance crimes involving minors, for example, are exceptions to the SB 483 mandate.
SB 483 requires that the California Department of Corrections and Rehabilitation (CDCR) and each county correctional administrator list inmates convicted with sentence enhancements now eligible for review. Those who have completed their base term and are currently serving time for a sentence enhancement receive priority in this process, with a hard deadline of March 1, 2022. Everyone else is then considered, with their deadline being two months later, on June 1, 2022.
Once these have been submitted, the review process begins. Upon receiving reports, the court evaluates the circumstances of each case to verify that the current sentence includes some enhancement. Original sentences are recalled, and new sentences are handed out. Like before, the court has deadlines to complete such tasks. Those who have already served their base sentence will see a resolution by October 1, 2022. For everyone else, that date is December 31, 2023.
However, it is not guaranteed that each case flagged for review will receive resentencing. Ultimately, this decision is at the discretion of the judge, who must ensure that the individual in question will not pose a danger to public safety upon their accelerated release. The bill also allows judges to include post-conviction factors in their resentencing decisions. Under SB 483, sentences can either be reduced or stay the same but will never exceed the length of the sentence initially imposed.
In repealing sentence enhancements for many California inmates, SB 483 also aims to fulfill its promise of equal justice by retroactively applying SB 180 and SB 136 to eligible inmates.
SB 180, for instance, restricts the three-year sentence enhancement for prior drug convictions. Unlike SB 483, SB 180 does not exclude convictions involving a minor from its consideration. Furthermore, SB 136 eliminated the one-year sentence enhancement typically added to an individual’s sentence to match each initial term served.
SB 483 is expected to impact thousands of inmates currently serving extra time under unjust measures. To learn if you or a loved one are eligible for resentencing or if you have any questions about the new legislation. Contact a criminal appeals lawyer with experience in navigating laws like these.
