SF District Attorney

Policy

Conviction Review 1172.1

The Conviction Review Unit is dedicated to promoting fair and just sentencing practices and correcting excessive sentences. Prosecutors have a duty to seek justice and protect public safety, and that also means ensuring people serving excessive sentences are released from prison.

Penal Code section 1172.1 was recently amended to allow the District Attorney to recommend resentencing when a prison sentence is excessive or no longer serves the interest of justice.

 

Priority for review will be given to those inmates who are:

  1. Racial Justice Act / Pen. Code, § 745 referrals;
  2. Serving sentences over 5 years for non-violent, non-serious felonies;
  3. Serving a sentence under the Three Strikes Law;  
  4. Serving an adult term for a crime committed as a minor;
  5. Done serving half of their sentence; AND/OR
  6. Age 65 years or older.

The following will be excluded from review:

  1. Murder and voluntary manslaughter convictions where the victim next of kin opposes resentencing;
  2. Felony sex offenses;
  3. Domestic violence offenses;
  4. Offenders with rule violations for battery or assault of another in the past five years; and
  5. 290 registrants.

An interest of justice exception may be made to these exclusions at the discretion of the District Attorney.

The District Attorney’s Office considers the following factors to decide if it will make resentencing motions:

  • Positive post-conviction conduct, such as a good record of rehabilitation and few, if any, rule violations;
  • Strong reentry plans;
  • Input from the victim; and
  • Evidence that reflects whether age, time served and diminished physical condition have reduced the inmate’s risk for future violence.

The San Francisco District Attorney’s Office carefully evaluates which cases are appropriate for resentencing on a case by case basis. Most cases are identified from within the office. However, the District Attorney’s Office will also consider applications from incarcerated individuals seeking relief. See below for the full process to apply. Note that only San Francisco cases can be reviewed. 

Application process to be considered for 1172.1 resentencing:

  1. Submit an application. Only completed application forms will be reviewed and considered by our office.
  2. The incarcerated person must sign and return this waiver.
  3. A robust reentry plan must be in place

Due to capacity issues, our office will only review fully completed application forms. Letters or other correspondence that are not attached to an application will not be considered.

Due to the high volume of cases we are reviewing, we are not able to provide updates regarding our review process. You will be contacted if we decide to move forward with resentencing.