Sentence Review Unit -- 1170(d)(1)

The Sentence Review Unit is dedicated to promoting fair and just sentencing practices and ending the use of excessive sentences. While all prosecutors have a duty to seek justice and protect public safety, that also means ensuring people serving excessive sentences get released from prison.

Penal Code section 1170(d)(1) was recently amended to allow the District Attorney to recommend resentencing where it’s determined the prison sentence is excessive or no longer serves the interest of justice.

The San Francisco District Attorney’s Office evaluates which cases are appropriate for resentencing on a case by case basis. While most of the cases that are resentenced are identified from within the office, the District Attorney’s Office also takes into consideration referrals from CDCR, defense attorneys, and incarcerated individuals seeking relief. A strong reentry plan is required for every case.

The District Attorney’s Office considers the following factors to decide if it will make resentencing motions:

  • Positive postconviction conduct, such as a good record of rehabilitation and few, if any, rule violations
  • Strong reentry plans
  • Input from the victim
  • Evidence that reflects whether age, time served and diminished physical condition have reduced the inmate’s risk for future violence

For those interested in applying for conviction review and resentencing under Penal Code section 1170(d)(1), please submit this application and have the incarcerated person sign and return this waiver.