What Does SB 567 Do?
SB 567 amends California Penal Code (PC) sections 1170 and 1170.1 related to criminal procedure and the way in which sentences are imposed upon those who have been convicted of crimes. It works in conjunction with AB 1540 and AB 124, which were also enacted in October 2021.
In order to understand SB 567, you should first understand what the old law required and how that is being changed.
Old Law on Imposing Sentencing in California
Existing criminal law provides that there are three terms of sentences for felony offenses — a low term, a middle term, and a high term. Under the old law, until January 1, 2022, when a statute specifies three terms in this manner, the choice of which term was appropriate was at the discretion of the court.
The court was required to impose the middle term unless there were circumstances in aggravation or mitigation of the crime. If circumstances aggravated the crime, or made it worse, then the court could impose the higher term in prison. If circumstances mitigated the crime, or lessened the gravity, then the court could impose the lower term of imprisonment.
When the middle term was the statutory default, imposing the elevated higher term limit violated the defendant’s rights to a trial by jury. Any fact that increased the penalty for a crime beyond the statutory default must be submitted to the jury and proved beyond a reasonable doubt.
New Law Regarding Imposition of Sentencing
SB 567 requires the court to impose the middle term of imprisonment unless there are aggravating circumstances that have been (1) stipulated by the defendant or (2) found true beyond a reasonable doubt at trial by the jury or judge. Additionally, the court, except in specified circumstances, upon the request of the defendant, must separate the trial on the circumstances in aggravation from the trial of charges and enhancements. The court may consider prior convictions based on a certified record of conviction without a finding by the jury. The court must also state reasons for imposing the term selected.
- What Does SB 567 Do?
- How Does SB 567 Work with AB 1540 and AB 124?
- Who Can Get a Sentence Reduction Under SB 567?
- How a Top Criminal Appeals Lawyer Can Help You
How Does SB 567 Work with AB 1540 and AB 124?
SB 567 is a stand-alone law that allows people to be sentenced more fairly. However, it was enacted and operates alongside AB 1540 and AB 124.
AB 1540 addresses the way in which a court may recall and resentence a defendant. Under AB 1540, the court must provide a notice to the defendant and set a status conference within 30 days of the receipt of a request for resentencing. The court must also appoint counsel for a defendant who cannot afford a private attorney. Resentencing may occur without a hearing if all parties are in agreement. The court must state its reasons for any resentencing decision. Additionally, AB 1540 indicates that it is favorable to recall and resentence a defendant.
AB 124 allows a defendant to petition the court to vacate a conviction of a nonviolent offense if it was the direct result of the defendant being the victim of intimate partner violence or sexual violence. This law also applies to victims of human trafficking. It creates an affirmative defense for these victims who had a reasonable fear of harm. Additionally, the prosecutor must consider a mitigated sentence in certain situations and the court must impose a lower term if the defendant has experienced certain traumas.
SB 567, AB 1540, and AB 124 offer additional protections throughout the legal process and even after convictions in some circumstances. If you have questions about how these laws can impact your case, call the California criminal appeals lawyers at Spolin Law P.C. at (310) 424-5816.
- What Does SB 567 Do?
- How Does SB 567 Work with AB 1540 and AB 124?
- Who Can Get a Sentence Reduction Under SB 567?
- How a Top Criminal Appeals Lawyer Can Help You
Who Can Get a Sentence Reduction Under SB 567?
SB 567 applies to any defendant who will be sentenced where the statutory default is the middle term, as well as defendants who are charged with one or more enhancements.
Anyone who received a sentence higher than the middle term may be eligible for a sentence reduction under SB 567 if it can be proven that the court did not have aggravating circumstances to warrant the increased sentence.
- What Does SB 567 Do?
- How Does SB 567 Work with AB 1540 and AB 124?
- Who Can Get a Sentence Reduction Under SB 567?
- How a Top Criminal Appeals Lawyer Can Help You
How a Top Criminal Appeals Lawyer Can Help You
SB 567 gives you an opportunity to get the reduction of a sentence that was wrongfully applied. After resentencing, you will be given credit for time served. In the best-case scenario, you may get released upon resentencing. Your freedom is always our goal.
SB 567 attorney Aaron Spolin is a former prosecutor and award-winning criminal appeals lawyer. He uses strategies to convince the court that his clients deserve a lesser sentence and should be set free.
To learn how the legal team at Spolin Law P.C. can help with your case, call us today at (310) 424-5816.