New legislation mandates resentencing guidelines for people serving life without parole, in which the trial court must consider mitigating and contributing factors.
On October 1, 2025, Senate Bill 551 passed by a majority vote, modifying sections 1170 and 5000 of the Penal Code by adding section 5000.5 in relation to application for resentencing.
California’s Governor Gavin Newsom signed the legislation, in an executive and legislative quest for youth offenders serving life without parole, according to SB 551.
The new legislation states that to be eligible for resentencing a defendant must prove they were under the age of 18 at the time of the crime. In addition, a defendant must show he/she was convicted under a provision of murder, and sentence to life without parole.
In the petition for relief, a petitioner must file a request for resentencing within the county that that prosecuted the case.
The new rule of law states petitioner will have three chances to request relief; the first comes after 15 years of incarceration, and if denied, they can re-submit 5-years later. The final petition comes after the second submission where petitioner has served 24-years.
The sentencing court should take into account mitigating and contributing factors such as mental illness, developmental disabilities, and if the petitioner was a victim of human trafficking, noted SB 551.
In addition, the bill states the court shall consider did the petitioner have an adult codefendant, and or whether the defendant had insufficient and or inadequate adult supervision.
The legislation stated that a petitioner should provide evidence of self-improvement indicating remorse. The court shall also consider if a defendant was an active participant in educational, and or vocational programs at an individual’s facility.
The trial court will consider if the petitioner has maintained family connections through phone calls, letter writing, and visits, which establishes support, noted SB 551.
The Bill adds that, a petitioner may be eligible for resentencing if they have severed ties with people involved in violent criminal activity within the last five years.
If the court finds a multitude of the evidence that one or more of the submitted statements are true; the court shall recall the sentence previously ordered. Family members of deceased victims have the right to participate in resentencing hearings of a petitioner, according to Senate Bill 551.
The bill noted that if required information is not present and there is no proof of service by mail, the court should return the petition to the petitioner; he/she will be advised that the matter cannot be considered without the missing information.
The sentence recall will not apply when a defendant has tortured the victim, or the victim worked as a state, and federal law enforcement and or political sectors, stated SB 551.
The court shall use its discretion in resentencing the petitioner in the same manner as if the petitioner had not previously been sentenced. If a new sentence is imposed, it cannot be greater that the first one.
The new rule of law shall be applied retroactively, unless the trial court finds resentencing is not appropriate in a particular case, according to the Senate Bill 551.