Title
Title
Criminal Law: Felony Sentencing (Action Required)
body
Summary
Summary
The Criminal Law Advisory Committee proposes amendments to specified criminal sentencing rules of the California Rules of Court to (1) reflect amendments and updates related to changes in California's Determinate Sentencing Law, indeterminate sentences, and sentencing enhancements; (2) reflect statutory amendments enacted as part of the Criminal Justice Realignment Act; (3) provide guidance to courts on the referral of cases to probation for investigation reports; (4) clarify the use of risk/needs assessments in a probation officer's presentence report; (5) add the reporting requirements of Penal Code section 29810(c)(2) to the contents of a probation officer's presentence report; and (6) make nonsubstantive technical amendments.
body
Recommendation
Recommendation
The Criminal Law Advisory Committee (CLAC) recommends that the Judicial Council, effective January 1, 2018:
1. Amend rules 4.405, 4.406, 4.408, 4.410, 4.420, 4.421, 4.423, 4.428, and 4.452 and/or the corresponding advisory committee comments to reflect changes to California's Determinate Sentencing Law (DSL) after the U.S. Supreme Court's decision in Cunningham v. California (2007) 549 U.S. 270 and the legislative responses to that decision, and provide further guidance to judges in exercising sentencing discretion under the DSL.
2. Amend the title of division 5 from "Sentencing Determinate" to "Felony Sentencing Law."
3. Amend rules 4.403, 4.405, and 4.451 and/or the corresponding advisory comments to expand the application of the rules to certain indeterminate sentences.
4. Add subdivision (b) to rule 4.428 to clarify the court's authority to strike an enhancement or the punishment for an enhancement under section 1385(a) and (c), and to identify factors a court may consider in determining whether to strike the entire enhancement or only the punishment for the enhancement.
5. Add subdivision (b) to rule 4.447 t...
Click here for full text