1. Introductory Overview Of Proposition 36
Hello, I’m Michelle Lauron, Deputy District Attorney, Staff Development, Special Units Division. There are numerous changes as a result of the passage of Proposition 36. The new law will change the way prosecutors file cases and drastically change the way prosecutors settle cases. Because the law is also retroactive, it has a provision to allow inmates that are eligible under the provisions of Prop. 36 to petition the original sentencing court to resentence him/her under the provisions of Prop. 36. Those hearings will call for evidence and documentation to be presented in a way that is similar to a Lifer Hearing. If the petition is granted, the courts will have to go through the mechanisms to sentence the defendant all over again.
As the weeks and months progress, we expect that the information about how to implement this law will evolve. Should you have any questions about any aspect of Proposition 36, please feel free to contact your supervisors, the Staff Development unit, SDDA Michael Dowd or DDA Jennifer Dawson.
DDA Michelle Lauron, Staff Development, Special Units Division
SDDA Michael Dowd, Central Division
DDA Jennifer Dawson, Lifer/Parole Unit, Special Units Division

2. About this training 3 parts
Overview of the changes in the law (Lauron)
How to conduct the hearings that will be required as a result of the new law (Dawson)
How to resentence and deal with the legal issues related to resentencing (Dowd)
This training will be separated into 3 sections. I will cover the overview of the changes in the law and the highlights of Proposition 36.
DDA Jennifer Dawson will discuss the more specific nuts and bolts of the hearings. She will discuss 1. What evidence you put on in the hearing. 2. How you obtain some of the evidence AND 3. What the court MAY consider in its determination.
If after the Prop. 36 Hearing the court grants defendant’s petition for resentencing, the hearing will become a sentencing hearing. SDDA Michael Dowd will discuss the issues and considerations to be addressed at these resentencing hearings.

3. Overview of Proposition 36 law
DDA Michelle Lauron
So let’s discuss the overview of the Proposition 36 law.

4. Three Strikes Law (as we know it)
“Strike Offense”  a serious or violent felony as enumerated in Penal Code sections (c), and 667.5(c) and any out of state felony with same elements as qualifying prior serious/violent felony conviction in CA
2 strikes case  any new felony + prior conviction for serious/violent felony
Penalty = mitigated/middle/aggravated term doubled
3 strikes case  any new felony + 2 or more prior convictions for serious/violent felonies
Three times the term provided for each new felony OR
25 years in state prison
Before I discuss the changes, I want to clarify a baseline understanding of what we know the Three Strikes law to be.
When we discuss a “strike offense” we know this to be a serious or violent felony as enumerated in Penal Code Sections (c), and 667.5(c). Included in the list of offenses we treat as a “strike offense” are those out of state felony convictions where the elements of those crimes are the same as the elements of a serious/violent felony conviction in CA.
When we refer to a case as a “2 strike case” this means the defendant has any new felony (strike or not) PLUS a prior conviction for a serious/violent felony. The penalty for a 2 strike case is double the base term.
When we refer to a case as a “3 strikes case” this means the defendant has any new felony (strike or not) PLUS 2 or more prior convictions for serious/violent felonies. The punishment for a “3 strikes case” is either 3 times the base term provided for each new felony or a term of 25 years to life in imprisonment, whichever is greater.

5. What Prop. 36 Does NOT Change:
The nature of a strike prior or the types of felonies that qualify as strikes
The custody-credit regimen
How a case with one prior strike (“2 strike” case) is handled
The fact that there is no washout period for a strike
Let’s first discuss what Prop. 36 DOES NOT change:
Prop. 36 does NOT change: The nature of a strike prior or the types of felonies that qualify as strikes.
Prop. 36 does NOT change: The custody-credit regimen
Prop. 36 does NOT change: How a case with one prior strike ( or “2 strike” case) is handled
Prop. 36 does NOT change: The fact that there is no washout period for a strike

6. What Prop. 36 Does NOT Change:
If a defendant with two or more prior strikes is convicted of a new serious/violent felony, he/she will be sentenced the same as under the Three Strikes law prior to Prop. 36
A prosecutors discretion to dismiss/ strike a prior “strike” allegation
The courts discretion to dismiss/ strike a prior “strike” allegation
(What Prop. 36 DOES NOT change:)
Prop. 36 does NOT change the law in the scenario where a defendant with two or more prior strikes is convicted of a new serious/violent felony, he/she will be sentenced the same as under the Three Strikes law prior to the passage Prop. 36
Prop. 36 does NOT change: A prosecutors discretion to dismiss/ strike a prior “strike” allegation
Prop. 36 does NOT change: The courts discretion to dismiss/ strike a prior “strike” allegation

7. Prop. 36 Changes
Defendant with two or more prior strike convictions who is currently charged with a non serious/violent felony
Treated as if he/she only had one strike
Regardless of the number of prior strikes defendant has
2 EXCEPTIONS TO THIS LAW:
1. There is a list of enumerated non strike felonies excluded from this change in the law and those cases can still qualify for Three Strike Law penalties in PC 667(e)(2)(C) and (c)(2)(C)
2. IF a defendant has an enumerated strike conviction that would exclude a defendant from this change in the law. PC 667(e)(2)(C) and (c)(2)(C)
On of the main changes brought about because of Prop. 36 is that a Defendant with two or more prior strike convictions who is currently charged with a non serious/violent felony will be Treated as if he/she only had one strike…..Regardless of the number of prior strikes defendant has.
There are 2 exceptions to this new law:
There is a list of enumerated non strike felonies excluded from this change in the law and those cases can still qualify for Three Strike Law penalties. (PC 667(e)(2)(C) and (c)(2)(C))
IF a defendant has an enumerated strike conviction that would exclude a defendant from this change in the law. PC 667(e)(2)(C) and (c)(2)(C)

8. Prop. 36 Changes New law applies prospectively
This law takes effect on November 7, 2012
It applies to all cases still pending even if filed before November 7, 2012
New law applies retroactively
This law applies to all prior cases where the defendant has been convicted under the Three Strikes law as a 3rd strike case where the committing offense was not a serious/violent felony
Note: All references to “serious” or “violent” felonies are to statutes as they existed on November 7, (PC 667(h), )
Read slide

9. Exclusions from Prop. 36 Changes
If the current (non serious/violent felony) charge/committing offense is one of the enumerated felonies listed in PC 667(e)(2)(C)(i)-(iii) and/or (c)(2)(C)(i)-(iii) and defendant has two or more strikes pled/proven, that defendant will still be sentenced in the same manner as under the current Three Strikes law prior to Prop. 36.
Regarding the Exclusions from Prop. 36 changes
If the current (non serious/violent felony) charge/committing offense is one of the enumerated felonies listed in PC 667(e)(2)(C)(i)-(iii) and (c)(2)(C)(i)-(iii) AND has two or more strikes pled/proven……then the case will still be sentenced in the same manner as under the Three Strikes law prior to the passage of Prop. 36.

10. PC 667(E)(2)(C) and 1170.12(c)(2)(C) EXCLUSIONS
Drug charge with a weight enhancement pursuant to Health and Safety Code sections or
Felony sex offense defined in PC 261.5(d) or 262 or any offense that results in mandatory registration as a sex offender pursuant to PC 290(c) except: PC 266, PC 285, PC 286(b)(1), PC286(e), PC 288a(b)(1), PC 288a(e), PC 314, PC
If during the commission of the current offense, the defendant used/armed with a firearm, was armed with a deadly weapon or intended to cause GBI
Those exclusions include: (read slide)
EXCEPTIONS UNDER PC 290:
-Enticing an unmarried female under 18 years old for prostitution or to have illicit
sexual intercourse;
• Incest;
• Sodomy with a person under 18 years old;
• Sodomy while in state prison;
• Oral copulation with a person under 18 years old;
• Oral copulation while in state prison;
• Indecent exposure; or
• Possession of material depicting a child under 18 years old engaging in or simulating sexual conduct.
(at the end)
What this means is that if the new or the committing offense is a non strike felony but it is one of the enumerated felonies in this list, the case will still be treated as a “3 strike case”

11. Exclusions from Prop. 36 Changes
There are 10 classes of strike convictions that will subject a defendant to the current Three Strikes law EVEN IF the current felony is a non serious/violent felony
This applies to current cases
This applies to adjudicated cases
They are enumerated in PC 667(e)(2)(C)(iv)(I)-(VIII)and/or (c)(2)(C)(iv)(I)-(VIII)
Read slide
This applies to adjudicated cases …where the defendant may try and petition for Prop. 36 relief.
These exclusions are enumerated in PC 667(e) and (c)

12. Strike Convictions Excluded from Prop
Strike Convictions Excluded from Prop. 36 changes PC 667(e)(2)(C) and/or (c)(2)(C)
Any sexually violent offense defined by W&I section 6600(a)
Oral copulation, child under 14 years old and more than 10 years younger than defendant PC 288a
Sodomy, child 14 years old and more than 10 years younger than the defendant PC 286
Sexual penetration, child under 14 years old and more than 10 years younger than the defendant PC 289
A lewd and lascivious act involving a child under 14 years of age PC 288
Any homicide offense, including attempted homicide PC 187-PC (this does not include manslaughter as defined in PC 192)
Solicitation to commit murder PC 653f
Assault with a machine gun on a peace officer or fire fighter PC 245(d)(3)
Possession of a weapon of mass destruction PC 11418(a)(1)
Any serious or violent felony punishable in California by life imprisonment or death.
(Read slide then…)
What this means is that if there is a 3 strikes case where the new felony or the committing offense is a non strike offense but one of the prior strike convictions is one of the strikes enumerated on the list, then the case will still be sentenced in the same manner as under the Three Strikes law prior to the passage of Prop. 36.

13. Prop. 36 Changes
PC (a)(8) that makes it mandatory to impose consecutive sentences to other sentences a defendant is already serving is NOW REMOVED from the statute
While there is no requirement for mandatory consecutive sentences to other sentences the defendant is serving:
Under PC (a)(7) and rule 4.425, DA can still argue for consecutive sentences
It is no longer mandatory, but discretionary
Another change in the law brought about by Prop. 36 is that under PC 1170…..(read slide)

14. Prop. 36 Applies Retroactively
Defendants currently serving an indeterminate Three Strikes sentence in state prison have two years to petition the sentencing court to resentence them under the new law.
Later than two years upon showing of good cause
Court will have to determine if the defendant is eligible for resentencing.
As mentioned earlier, Prop. 36 applies retroactively. What this means is that….(read slide)
They may petition after the 2 year period upon showing of good cause for the delay.
(Read slide)

15. An Inmate is Eligible for resentencing if…
Inmate is serving an indeterminate term of life imprisonment imposed pursuant to PC 667(e)(2) or (c) (Three Strikes Law)
The committing offense was not a serious/violent felony
NOTE: if the committing offense was not a strike at the initial sentencing but has now been designated a strike offense, the defendant is not eligible to be resentenced
PC667(h) and PC indicate that the references to the laws in the statute are to those as they existed on the effective date of the act, November 7, 2012
The committing offense was not enumerated in PC 667(e)(2)(C) and/or (c)(2)(C) (exceptions)
Neither of the prior strikes are one of the 10 enumerated in PC 667(e)(2)(C) and/or (c)(2)(C) (exceptions)
“as mentioned previously”

16. If the Inmate is Eligible
Upon receipt of a petition from the defendant requesting resentencing
The court SHALL resentence the defendant/petitioner as if he only had 1 prior strike (2 strike case)
UNLESS the court determines resentencing the defendant/petitioner will pose an unreasonable risk of danger to the public safety
This is discretionary

17. In Exercising it’s Discretion
The court may consider:
The Petitioner’s criminal conviction history, types of crimes he committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes
The petitioner’s disciplinary record and record of rehabilitation while incarcerated; and
Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety

18. Procedure for San Bernardino County District Attorney’s Office
Petitions will be directed to a Supervising DDA in each office
SDDA will make the initial determination of eligibility
Upon consultation with the Division Chief DDA, SDDA will determine which petitions to contest
SDDA will start the process of ordering needed documentation and assign the case to a DDA for preparation and handling of the hearing

19. Of Import
Prop. 36 contemplates an eligibility evaluation and resentencing hearing
Prop. 36 Petitions should NOT be handled as an “add on” to a regular calendar but should follow the procedure outlined
While the petition is pending  Defendant is still a life prisoner
He is NOT exceeding the maximum commitment time
He is NOT entitled to bail or OR pending any continuances until resentencing actually occurs
There are Constitutional Marsy’s Law considerations to be made prior to determining the course of action
Consequences of this law will likely lead to hundreds of inmates released into the streets without parole supervision, resources, money and training how to assimilate back into society
Public safety may be compromised
(Insert after “life prisoner”) The defense may argue that the defendant has exceeded the maximum time allowable by law or that he should be released on bail or OR while the court and the DA figure out what to do. This is INCORRECT

20. This concludes the overview of the changes in the Three Strikes law as a result of the passage of Proposition 36.
DDA Jennifer Dawson will now address some of the specifics at it relates to the Prop. 36 hearings.

21. PROPOSITION 36 HEARINGS DDA Jennifer Dawson
So if you have a resentencing hearing

22. If the petitioning defendant is eligible
What evidence do you put on in the hearing?
How do you obtain the evidence?
What does the court consider in its determination?

23. Is the Defendant/Petitioner Eligible for Resentencing?
Penal Code Section (f):
Upon receiving a petition for recall of sentence under this section, the court shall determine whether the petitioner satisfies the criteria in subdivision (e).
Means D is eligible. Michelle Lauron spoke about the criteria earlier.

24. When Defendant/Petitioner is ELIGIBLE for Resentencing
P.C (f):
If the petitioner satisfies the criteria in subdivision (e), the petitioner shall be resentenced pursuant to paragraph (1) of subdivision (e) of Section 667 and paragraph (1) of subdivision (c) of Section UNLESS the court in its discretion, determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety.
The D SHALL be resentenced…UNLESS

25. “Unreasonable Risk of Danger to Public Safety"
This language is very similar to the language used in Lifer Parole Hearings:
Title 15, Cal. Code Regulations, Section 2281, sub (a).
Regardless of the amount of time served, an inmate shall be found unsuitable for, and denied parole, if in the judgment of the panel the inmate will pose an unreasonable risk of danger to society if released from prison.

26. Standard at a Parole Hearing
At a Lifer Parole Hearing you must show a nexus between the crime and current dangerousness.
Some examples could be…drug use at time of crime and still using in state prison…lack of insight into why D committed the crime…lack of self-help classes in prison

27. What the Court May Consider:
P.C (g): In exercising its discretion in sub (f), the court may consider:
Petitioner’s criminal conviction history, including:
-types of crimes committed
-extent of injury to victims
-length of prior prison commitments
-remoteness of the crimes
You all know how to argue these points.

28. What the Court May Consider: cont.
2. Petitioner’s disciplinary record and record of rehabilitation while incarcerated.
3. Any other evidence the court, within its discretion, determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety.
#3 is the catch-all phrase. Should be able to argue D’s arrest history, not just convictions, and lack of positive progress in prison.

29. What Records to Obtain Updated Rap sheets Police Reports
Your original file(s)
Victim statements
CDCR C-File (these must be ordered from CDCR)

30. Order for Inmate Records
Every CDCR Inmate has a Central File (C-File)
Copies from C-Files must be ordered directly from the prison where the inmate is housed
You should have copies of the C-Files before you conduct a hearing on whether the defendant/petitioner poses an unreasonable risk of danger to public safety.
These SHOULD have been ordered before the file ever makes it to the calendar deputies.
They are different and may take some getting used to.
Everything about D (inmate) that happens in CDCR should be in this file.
May be more than 1 volume—although that shouldn’t matter for your hearing.
Know how to use Rap, Police Reports, Probation Report, and Appellate Decision

31. C-Files May Contain: Rap Sheet
List of chronos/certificates for self-help
List of chronos/certificates for vocations
List of chronos/certificates for academics
Job assignments
List of disciplinary violations
Police reports
Probation report
Appellate Decision
Psychological Evaluations
Form 812—any gang affiliations
Self-help, vocations, and academics show rehabilitation efforts by D. If none shows D’s done nothing for however many years he’s been in.
Form 812 (which may not be in records) has to do with gang membership or affiliations in prison.

32. Disciplinary Records – Serious Rule Violations – CDCR 115
CDCR Regulation 115:
Serious rule violations - could result in a new case
Examples:
Assault on Peace Officer
Assault on inmate
Mutual combat
Possession of a cell phone
Possession of inmate manufactured alcohol
Possession of drugs
Possession of tattooing devices
Disobeying a direct order
Cell phones can be used to arrange for drugs or ‘hits”

33. Disciplinary Records – Minor Rule Violations – CDCR 128A
CDCR Regulation 128A:
Minor violations—called “counseling chronos”
Late to work
Not going to class
128A are minor violations
128(B) are laudatory chronos—D is doing well.

34. Record of Rehabilitation
Vocations
Job training
Academics
Self-help
List of classes taken and when
Examples
AA/NA
AVP (Alternatives to Violence)
Anger Management
Vocations—job training so D has skills to get legit/honest work.
Academics—at least general basic knowledge—GED
AA/NA= alcoholics anonymous
Anger Management may also be conflict resolutions

35. What to Inquire of the Defendants
At lifer hearings inmates are often times questioned about their self-help.
Do they know the 12 Steps of AA/NA?
What did they get out of the classes?
How have they used what they learned in classes?
If they’ve taken classes and have recent violations—why didn’t the classes help them avoid the confrontation?
If inmate blames alcohol or drugs for the offense follow up with why was inmate using in the first place?
Did D get anything out of self-help course or did he just take up space?

36. How / What to Evaluate
Basically it comes down to what has the inmate done while in prison to show he is not the same person who committed the crime in the first place.
Types of possible arguments:
Inmate claimed under the influence at time of crime and has recent 115 for contraband/pruno/ or UA refusal—shows inmate is still using while in prison.
Any violence—under 24/7 observation and still violent.
Tattoos—possible gang activity

37. How / What to Evaluate
Before any inmate is granted a parole date, he must have realistic parole plans.
This should matter to court for resentencing consideration as well because if the inmate has no where to live and no job prospects…
CRIMINAL BEHAVIOR IS GUARANTEED

38. Defendant/Petitioner May or May NOT Appear for the Hearing
Pursuant to PC (i):
Defendant/Petitioner has a right to be present at hearing and right to counsel.
This right can be waived notwithstanding PC 977(b)
Waiver shall be in writing and signed by the defendant.
As stated earlier

39. This concludes the discussion about the Prop. 36 Hearings.
If after the Prop. 36 Hearing the court grants defendant’s petition for resentencing, the hearing will become a sentencing hearing.
SDDA Michael Dowd will now discuss the issues and considerations to be addressed at these resentencing hearings.

40. Proposition 36 Resentencing Considerations
SDDA Michael Dowd

41. 2ND STRIKE PUNISHMENT Term is Doubled What is Doubled?
Current Determinate Crime (Base Term Doubled)
Current Indeterminate Crime (Minimum Term Doubled)
Enhancements?
Not Doubled.
Added to term after Doubling.

42. CONSECUTIVE SENTENCES
Mandatory when:
Current crimes not committed on same occasion and
Current crimes not arising from same set of operative facts.

43. CONSECUTIVE SENTENCE TO EXISTING SENTENCE
Strike Sentences may be consecutive to existing sentences.
Includes CDCR parole revocation.
Existing sentence is recalculated per PC (a).
Includes Probation Revocation.

44. CALCULATING CONSECUTIVE SENTENCES
Consecutive Subordinate Terms in 2nd Strike Cases.
1/3 middle term rule applies, but that gets doubled.
Full strength subordinate terms get doubled.

45. SAME OCCASION RULE Different from PC 654 Analysis.
Not a “Same Day” Rule.
Same Occasion when:
Close temporal and spatial proximity
Simultaneous offenses against same victims
Uninterrupted criminal activity
No intervening events

46. SAME SET OF OPERATIVE FACTS
Acts and Criminal Conduct that Establish the Elements of a Crime.
Irrelevant Factors
Crimes committed on same day.
One offense in furtherance of other crime.
Crimes have single motive.

47. CREDIT LIMITATIONS 20% Conduct Credit Limitation
Applies to all 2nd Strike Sentences, determinate enhancements and all prison time.
Does not apply to pre-sentence credits only to the time to be spent in State Prison.
15% Limitation of PC overrides if current crime is violent felony.
Life term of 3rd Strike Sentence does not make crime “violent” for purposes of credit limitation.

48. PC 1170.1 Steps Determine Principal Term
Apply PC 654 to Remaining Counts
Consecutive or Concurrent
Apply 1/3 Middle term and 1/3 of Enhancement Term to all Subordinate Terms
Add Priors
Add PC Enhancement.

49. STEP #1 – Determining Principal Term
Principal Term consists of:
Greatest Term of Imprisonment actually imposed for any crime.
Includes any enhancements.
Must apply aggravating/mitigating factors to select base term and to enhancement triad before determining.
Remember that we double the term selected in a 2nd Strike Sentence.

50. STEP #2 – Apply PC 654
Apply PC 654 to remaining counts in order to determine if court even has power to sentence consecutively or concurrently.
If PC 654 applies, court must sentence count with longest term of potential imprisonment. Other count(s) must be stayed.
Remember that the PC 654 rules are different for 2nd Strike Sentencing purposes.

51. STEP #3 – Consecutive or Concurrent
Court must follow the strike law when determining consecutive sentences.
The criteria under Rule is not needed to justify a consecutive sentence under the strike law.

52. STEP #4 – Apply 1/3 Rules Subordinate Terms for Each Count
1/3 Middle Term
1/3 Enhancement
If triad enhancement, 1/3 of any term. Court, though, must give reason for choice other than middle term.
Remember that in a 2nd Strike Sentence all subordinate terms are doubled as well.

53. STEP #5 – Add Priors PC 667(a), 667.5, HS 11370.2 go here.
Only add Priors once for determinate sentencing.
Priors are added on each count for indeterminate sentencing purposes.
We do not double the terms on the priors.

54. STEP #6 – Add PC
Each enhancement is added to the end of the determinate aggregate term.
This enhancement is not doubled in a 2nd Strike Sentence.

55. WHAT CAN THE COURT CONSIDER?
RULE 4.433
Probation Report
Facts in the Record
Testimony of Witnesses
Victim Impact
Sentencing Statements

56. RULE 4.433 What Judge Must Do: Determine the Term
State Reasons for any term, sentence or enhancement where reason must be given
Determine Enhancements
Apply PC 654 and Strike any Term or Allegation
Determine Concurrent or Consecutive
Determine any Dual Use Issues
Pronounce Sentence
Inform Defendant of Parole Period (This could be tricky if time is done and credits exceed the sentence)

57. CIRCUMSTANCES IN AGGRAVATION
RULE 4.421
Facts Relating to the Crime
Facts Relating to the Defendant
Other Statutory Factors
RULE 4.408
Any additional Factor in the Discretion of the Court
Must be stated on the record by the Court
Could be Facts of Charges Defendant was not convicted
Could be Uncharged or Dismissed Priors
Perjury

58. CIRCUMSTANCES IN MITIGATION
RULE 4.423
Facts Relating to the Crime
Facts Relating to the Defendant
Not Factors
Plea Bargain
Waiver of Jury Trial
Confession After Trial
Confession to Police, but failure to acknowledge guilt during Case.
Addiction
RULE 4.408
Any additional Factor in the Discretion of the Court
Must be stated on the record by the Court
Could be Facts of Charges Defendant was not convicted
Could be Uncharged or Dismissed Priors
Perjury

59. ENHANCEMENTS Impose or Strike
Court can give low term on charge and upper term on enhancement
Must give reason for upper term
No reason necessary if no triad
Remember some enhancements cannot be stricken.

60. CONDUCT CREDITS COMPUTATIONS
PC 4019 applies to credits that the defendant has earned locally even on a Second Strike Sentence.
The 80% conduct credit limitation applies to state prison time.
The PC 4019 Credits that apply to a defendant will depend on a number of factors including date of crime, date of sentencing and when the credits were actually earned.

61. Court Rules Regarding Resentencing
Actual Local Custody
PC 4019 Credits
Actual Prison Custody
CDCR will calculate Prison Conduct Credit.
People v. Buckhalter (2001) 26 Cal.4th 20
People v. Johnson (2004) 32 Cal.4th 260.
Hello, my name is Michelle Lauron, Deputy District Attorney Staff

62. Credits Exceed Sentence
PC (a) – “entire term of imprisonment shall be deemed to have been served.”
Excess Credits go toward reducing the length of the parole period.
This is our best assessment because the new Strike Law does not address this issue.

63. A few things… There are unanswered legal questions with this new law.
It is not clear what procedures the court may follow in complying with this new law.
It is not clear how great the impact of this law will be on the office dealing with petitions to resentence.
The law, procedures and our offices response will likely evolve over time.
Special thanks to CDDA Gary Fagan and SDDA Cameron Page who also worked diligently on this project.