Newly Elected Los Angeles County District Attorney Gascon’s Penal Code section 1170(d)(1) Resentencing Directives May Allow More Streamlined Approach to Retroactive Sentence Modifications (AB-2942)

On September 30, 2018, Governor Jerry Brown approved Assembly Bill - 2942 which created landmark authority permitting the District Attorney’s Office to retroactively recommend shorter sentences for currently-incarcerated inmates.[1]

AB-2942 made significant amendments to Penal Code section 1170(d)(1) and now permits the District Attorney’s Office to recommend the recall of an inmate’s sentence and commitment and resentence the inmate to a recommended shorter term.  The court resentencing under this division may reduce a defendant’s term of imprisonment if it is in the interests of justice. When making this determination, the court may consider postconviction factors such as the inmate’s disciplinary record and record of rehabilitation while incarcerated, evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate’s risk for future violence, and evidence that reflects that circumstances have changed since the inmate’s original sentencing such that the inmate’s continued incarceration is no longer in the interest of justice.

Los Angeles County District Attorney George Gascon recently took office on December 8, 2020 and issued “Special Directive 20-14,” which aims at addressing resentencing. According to DA Gascon, his office has committed to a “comprehensive review of cases where the defendant received a sentence that was inconsistent with the charging and sentencing policies” currently in force and his office will now use its powers under Penal Code section 1170(d)(1) to recommend recall and resentencing in line with the current policies.[2] According to DA Gascon his office will give priority to the following cases: people who have already served 15 years or more; people who are currently 60 years of age or older; people who are at an enhanced risk of COVID-19 infection; people who have been recommended for resentencing by CDCR; people who are criminalized survivors; and people who were 17 years of age or younger at the time of the offense and were prosecuted as an adult.

Our office is experienced in presenting the District Attorney’s Office with mitigating evidence promoting resentencing pursuant to Penal Code section 1170(d)(1).  Call our office now for more information!


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[1] Visit the following link for the full text:

[2] Visit the following link for the full text of the Directives: