SF District Attorney

Policy

Post Conviction Unit

The Post Conviction Unit is dedicated to promoting fair and just sentencing practices and correcting excessive sentences. Prosecutors have a duty to seek justice and protect public safety, and that also means ensuring people serving excessive sentences are released from prison.

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

The San Francisco District Attorney’s Office carefully evaluates which cases are appropriate for resentencing on a case by case basis. Although most of the cases that are resentenced are identified from within the office, the District Attorney’s Office also takes into consideration referrals from the California Department of Corrections and Rehabilitation, defense attorneys, and incarcerated individuals seeking relief. The District Attorney only recommends resentencings when there is a strong reentry plan upon release.

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

  • Positive post-conviction conduct, such as a good record of rehabilitation and few, if any, rule violations;
  • Strong reentry plans;
  • Input from the victim; and
  • 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.

Only fully filled out applications, with signed c-file waivers and robust reentry plans, will be reviewed and considered by our office