California Penal Code

§ 1172.2

PEN § 1172.2 Effective Jan 1, 2024Title 7 · Part 2 · Ch. 4.5 · Art. 1.5

Statute text

(a)Notwithstanding any other law and consistent with paragraph (1) of subdivision (a) of Section 1170, if the statewide chief medical executive, in consultation with other clinical executives, as needed, determines that an incarcerated person satisfies the medical criteria set forth in subdivision (b), the department shall recommend to the court that the incarcerated person’s sentence be recalled.

(b)There shall be a presumption favoring recall and resentencing under this section if the court finds that the facts described in paragraph (1) or (2) exist, which may only be overcome if a court finds the defendant is an unreasonable risk of danger to public safety, as defined in subdivision (c) of Section 1170.18, based on the incarcerated person’s current physical and mental condition.

(1)The incarcerated person has a serious and advanced illness with an end-of-life trajectory. Examples include, but are not limited to, metastatic solid-tumor cancer, amyotrophic lateral sclerosis (ALS), end-stage organ disease, and advanced end-stage dementia.

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Legislative history

Amended by Stats. 2023, Ch. 131, Sec. 158. (AB 1754) Effective January 1, 2024.