Sen. Cortese's Response to Misinformation About His SB 94 - Judicial Review of Old Sentences

SAN JOSE, CA – Senator Dave Cortese (D-San Jose) issued the following statement in response to Assembly and Senate Republican members’ reactions to his Senate Bill 94 (SB 94) during a press conference, and the misinformation they are spreading about the bill. SB 94 would allow individuals held in-custody who have been sentenced to Life Without Parole (LWOP) prior to June 5, 1990, and have served a minimum of 25 years, to have their cases reconsidered for resentencing by a Judicial Court, State Parole Board, and Governor’s Office.

“Individuals serving Life Without Parole (LWOP) with ‘special circumstances’ are currently in-custody without any Judicial Review of their original sentences. Even after 25 years in prison, their rehabilitation or unusual factual circumstances are not considered for review. SB 94 creates a tough four-tiered process in which Judicial Courts will have complete discretion to leave the original sentence unchanged or to refer a case to the Parole Board, and ultimately the Governor, for further resentencing consideration.”

“At each level, public safety is paramount, by utilizing the four-tiered process we are ensuring that only those who have rehabilitated pursuant to a Judicial Court, the Parole Board, and our Governor have the potential to be released. All three must agree. Only those having already served a minimum of 25 years may request a hearing.”

“And despite being available to discuss the bill and amendments, misinformation continues to be spread about what SB 94 would and would not do. To reiterate, this bill will not let a single person out of prison, this bill sends people to Judicial Court, to the State Parole Board, and to the Governor. No one convicted of killing a peace officer, sex offenses, nor serial killers can apply for resentencing. This review process is not new, the Governor has the power to commute and pardon any sentence, for any crime, at any time. This is a conservative, narrow bill tailored to a specific subsection of our incarcerated population who may not have received the same sentence had they been convicted in the present day. I would encourage everyone to read the bill and read our proposed amendments.”

Senator Dave Cortese represents Senate District 15, which encompasses San Jose and much of Santa Clara County in the heart of Silicon Valley. Visit Senator Cortese’s website: https://sd15.senate.ca.gov

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