Frequently Asked Questions

Prosecutor-Initiated Resentencing (PIR) is a law that gives prosecutors the ability to evaluate past cases and their respective sentences. PIR does not question the appropriateness of original sentencing decisions. Rather, it gives prosecutors the power to consider whether further confinement is in the interest of justice.

This law centers public safety, victim input, and rehabilitation to build safer communities. PIR exists in multiple states with varying political landscapes and diverse communities.

Since 2018, five states have passed Prosecutor-Initiated Resentencing laws: California, Washington, Oregon, Illinois, and Minnesota. PIR laws have also been proposed in Georgia, Louisiana, Texas, New York, Florida, Massachusetts, and Maryland. Certain offices across the country may be implementing resentencing through alternative legal mechanisms.

Once a resentencing process is established within a prosecuting agency, prosecutors begin the meticulous review of cases. They review the incarcerated person’s history, in-prison behavior, and they solicit input from victims. The attorneys review years or even decades of in-prison information, as well as the person’s life experiences prior to incarceration, and their detailed plans for a successful reentry post-release. Given the comprehensive nature of this process, the time to review a person’s case will vary based on the case itself and the prosecutor’s office.

After the review process, the prosecutor’s office will determine which cases to move forward in the resentencing process. The prosecutor will then file a motion with the court supporting their recommendation to resentence. If the court grants the motion, the case will be assigned a hearing date. At the hearing, the prosecutor and defense will present their reasoning for a resentencing, and the victims’ opinions are incorporated and considered. The judge then independently makes the decision.

If the person is resentenced, the defense, prosecutor’s office, and For The People support with putting in place the reentry plan to ensure the person has a successful and seamless transition back into their community.

For The People supports prosecutors in enacting resentencing legislation, launching resentencing initiatives, and ensuring successful reentry. See a list of additional support provided to prosecutors.

We support lawmakers in enacting legislation through strategic partnerships, coalition-building, and technical expertise. See a list of additional support for lawmakers.

We support community leaders and incarcerated people in gaining a deeper understanding of PIR, prepare for a case presentation, ensure strong support documentation, and plan for seamless reentry and reintegration. See a list of additional support for community here.

No. For The People does not provide legal representation. We do not have client relationships, nor do we provide legal representation. We provide legal information on Prosecutor-Initiated Resentencing for prosecutors, lawmakers, incarcerated people and their loved ones and community.

Eligibility will depend on the policies established by each prosecutors’ office. The law allows prosecuting agencies to set their own criteria and determine the types of cases they will review, based on the specific needs of their jurisdiction.

For The People has formed partnerships with some prosecutors’ offices to help establish policies and procedures for reviewing and recommending cases. See our list of partners here.

No. There are no exclusions in existing PIR laws. A prosecuting agency can recommend a resentencing involving any type of offense and any type of sentence. There are no requirements of time served.

Yes, it could. Some immigration consequences are triggered by the sentence a non-citizen defendant receives. For non-citizens facing sentence-based immigration consequences, PIR may be able to provide relief. For more information, visit www.ilrc.org.

No. The law is discretionary, meaning the original office that prosecuted a case is not required to review cases for resentencing.

You can see a list of For The People’s current partners and offices that have a published resentencing policy. This list is not exhaustive in terms of all offices implementing PIR across the country. We encourage all prosecuting agencies to list whether they are reviewing past sentences on their website.

No. This law does not create a path for community members, or for an incarcerated person, to petition a court for resentencing. The only way a court can hear a case under this law for recall of sentence and resentencing is through a recommendation from the prosecuting agency that prosecuted the case. Therefore, we strongly discourage paying any attorney or organization offering to “file a petition for your case.” In the state of California, indigent defendants are entitled to legal representation, available through the county public defender office. Be cautious of any organization or legal entity charging a legal fee and claiming to be able to expedite or file a petition on your behalf.

PIR laws are discretionary. This means they do not mandate that prosecuting agencies review cases to recommend for resentencing. We are working to identify resources and partnerships to support prosecutors and enable more offices to begin reviewing cases. One such initiative is the California County Resentencing Pilot [link to For Prosecutors page], where For The People acted as Budget Sponsor and the California Legislature allocated $18M to nine California counties to do the work of resentencing.

Additionally, all new PIR legislation involves a learning curve for offices to establish implementation and adopt policies. After a law is passed, prosecutors’ offices will need time to identify and allocate resources for PIR, and receive training and support from organizations like For The People on implementation.

In California, a trial court can recall and issue a new sentence in two circumstances: 1) the court recalls a sentence and resentences on its own motion within 120 days of judgment, or 2) the court recalls and resentences at any time after the original sentencing upon a formal recommendation from California Department of Corrections (CDCR), the Board of Parole Hearings, the Sheriff/County Administrator, or the District Attorney.

In California, CDCR’s process of initiating a resentencing is different from Prosecutor-Initiated resentencing pursuant to 1172.1. Per CDCR’s agency regulations, CDCR can recommend a “sentence recall” in three scenarios: 1) where a person in prison meets an “exceptional conduct” standard, 2) where a current sentence is legally invalid due to new information, a change in the law, or a judicial decision, and 3) where a current sentence includes enhancements that are now within the court’s discretion to strike (e.g. gun enhancements, “nickel prior”). CDCR applies their own set of guidelines for reviewing and initiating a sentence recall. CDCR is in the process of developing regulations and will make these available once complete.

Once the prosecutor’s office recommends a case for resentencing, they will typically provide a briefing to the court stating why further confinement is no longer in the interest of justice. The court will then decide whether to hear this case. The court has discretion to deny or grant a resentencing hearing.

If the court decides to hear a case and recall a sentence, the court will then hold a sentencing hearing “as if [the person] had not previously been sentenced.” The court can then use all of its judicial powers available at the time of the resentencing hearing, including new authority the court now has under newer reforms, such as the ability to strike enhancements.

While the court treats the resentencing hearing as if the defendant had never been sentenced, the court will notably also consider post-conviction factors in determining whether further confinement is warranted. Courts will typically consider other factors like a person’s programming while incarcerated and their efforts towards rehabilitation, rather than narrowly focusing on the underlying case.

The court may consider a person’s disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced a risk for future violence; and evidence that reflects that circumstances have changed since the original sentencing so that this original sentence is no longer in the interest of justice. Any disciplinary violations will likely be taken into consideration. However, receiving disciplinary violations in the past does not make a person ineligible. It will be considered along with all “post-conviction” factors.

Typically, after considering post-conviction factors, the court will then decide whether to give a new sentence and, if so, what the new sentence should be. The court will determine (1) which term of imprisonment to impose, (2) whether any enhancements charged can and should be stricken, and (3) where there are multiple charges, whether the sentences should run concurrent (time served will count towards all individual sentence terms) or consecutive (each term must be served separately). Whatever the court decides, the total sentence cannot be more than the original sentence. The court may proceed differently depending on your jurisdiction.

Yes. First, the court cannot resentence a person in excess of the original sentence. This means the new sentence must be a shorter duration of time. Second, the court must make a legal sentence, meaning, the court must choose a sentence term that is listed in the penal code for the offense. Third, the court must award credit for time served on the original sentence. Lastly, in California, recent legislation (AB 1812) instructs the court to consider “post-conviction factors” in making its resentencing decision. Other limitations may vary depending on your jurisdiction. Please see our map for more information on how the law works in each state.

PIR laws require victim notification and engagement. When implementing PIR, prosecutors consider the effect that a resentencing would have on a victim—just as they make decisions that balance the needs of public safety and victims every day. Prosecutors approach PIR with the same lens, ensuring that victims’ voices are incorporated throughout the process. Many prosecuting agencies will not advance a case for resentencing if the victim is opposed or determine that the resentencing would retraumatize the victim.

Yes. We know that prosecutors’ offices and the courts will be looking at post-conviction factors and reentry planning during the resentencing process. If you are an incarcerated person, community-based organization, ally, or loved one, please read the Resentencing and Reentry Support Guide to find a comprehensive look at documents we recommend to identify, gather, and complete in support of the PIR process. The guide outlines vital rehabilitation and reentry documents that will support you in sharing your story to a prosecuting agency.

Even if the prosecutor in your county of conviction isn’t reviewing cases, the hard work towards rehabilitation is applicable to other areas of law beyond PIR. Evidence of successful programming, personal growth and insight, and a reentry plan will be critical at hearings before a parole board, if applicable. All of these attributes will also be useful for applications for a commutation or pardon. There is continued innovation across the justice system, with new laws passed over time that may apply to your case in the future.

We are technical experts in Prosecutor-Initiated Resentencing, working with prosecutors, community, and lawmakers across the country to support this law. Our organization does not provide legal representation or legal advice. At this time, we are only able to support cases where an incarcerated person’s case has been identified by the prosecutor’s office for review. Due to limited capacity at this time, we cannot support any other cases. We are working hard to secure resources and partnerships to provide increased trainings for prosecutors, incarcerated people, community leaders, and more.

If you have reached out to For The People, we will keep your information on file and contact you if your case is identified by a prosecutor’s office.