The Process for Seeking Relief
- File a Petition: Veterans already serving sentences may file a petition for resentencing under Penal Code Section 1170.91. The petition must include proof of military service and evidence of service-related mental health conditions.
- Submit Supporting Evidence: Supporting documentation, including military service records, VA diagnoses, psychological evaluations, or treatment statements, strengthens the petition.
- Public Hearing: The court must hold a public hearing with appropriate notice to the prosecution and any victims. This allows for all parties to present information.
- Judge’s Determination: The judge reviews the evidence and determines whether the veteran qualifies for sentence mitigation. If approved, the court may reduce the sentence, expunge the conviction, or order the record sealed.
- Significant Benefit Assessment: To grant relief, the judge must find that the veteran has derived significant benefit from court-ordered treatment programs.
Key Considerations and Limitations
While Penal Code Section 1170.91 offers unprecedented opportunities for veterans, there are limitations:
- Exclusions for Certain Crimes: Certain serious offenses, such as murder, rape, or crimes requiring sex offender registration, are excluded.
- Indeterminate Sentences: Veterans with life sentences or indeterminate terms are generally ineligible.
- Timing of Diagnosis: Veterans sentenced after January 1, 2015, who were not diagnosed until later, may face challenges in qualifying for relief under current interpretations.
