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AB 960 UPDATE

AB 960, Ting. Status: 7/27/2022, Set FOR Hearing ON 08-AUG-22 10 a.m. Legislative Counsel’s Digest: This bill would require the department’s classification services unit to make a recommendation for recall or resentencing of an incarcerated person, if an incarcerated person has an incurable disease or medical condition with an end-of-life trajectory or who is found to be permanently medically incapacitated. The bill would change the criteria for an incarcerated person to be considered permanently medically incapacitated by removing the 24-hour total care requirement and would include functional impairments resulting in inability to complete one or more basic activities of daily living, and progressive dementia or other related cognitive impairments that did not exist at the time of original sentencing. The bill would also create a presumption in favor of recall and resentencing if the court finds that an incarcerated person is medically qualified, unless the court finds the defendant is an unreasonable risk of danger to public safety, as defined. The bill would require the appointment of counsel for indigent incarcerated persons referred to the court for recall and resentencing under these provisions. Because this bill would place additional duties on local agencies, this bill would impose a state-mandated local program. This bill would require the Judicial Council, beginning January 1, 2024, to publicly release an annual report regarding these provisions, including the number of people who were referred to the court for recall and resentencing, the number of people denied resentencing, and the number of people who passed away before completing the recall and resentencing process.


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