Criminal procedure: sentencing.

Assembly Member Sharp-Collins has introduced legislation to prohibit California courts from using prior juvenile adjudications to enhance criminal sentences under the state's Three Strikes Law. The measure would amend key provisions of the state's sentencing framework while creating a pathway for individuals to petition courts to vacate sentence enhancements based on juvenile records.

The bill modifies Sections 667 and 1170.12 of the Penal Code to explicitly exclude juvenile adjudications from counting as prior serious or violent felony convictions when calculating sentence enhancements. It also establishes a new Section 1170.96, allowing individuals whose sentences were enhanced due to juvenile adjudications to petition for resentencing. To qualify, petitioners must demonstrate that the prior juvenile offense occurred before age 18 and resulted in an enhanced sentence. Courts must appoint counsel upon finding a prima facie case for relief.

Under the proposed resentencing process, prosecutors bear the burden of proving beyond reasonable doubt that a petitioner is ineligible for relief. If prosecutors fail to meet this burden, courts must recall the original sentence and resentence the individual without the juvenile enhancement, though the new sentence cannot exceed the original term. The bill requires courts to credit time served and permits up to three years of parole supervision following resentencing.

The measure mandates participation by district attorneys and public defenders in the resentencing process, creating state-reimbursable costs for local agencies. These costs would be addressed through existing statutory reimbursement procedures if deemed a state mandate by the Commission on State Mandates.