ARTICLE 1. Initial Sentencing

Article 1 added by Stats. 1976, Ch. 1139.

§§ 1170–1171 · 38 sections

§ 1170 (a) (1) The Legislature finds and declares that the purpose of sentencing is public safety and to reduce recidivism achieved through punishment,…
§ 1170.02 A prisoner is not eligible for resentence or recall pursuant to Section 1172.2 if they were convicted of first-degree murder, if the victim was a peace…
§ 1170.05 (a) Notwithstanding any other law, the Secretary of the Department of Corrections and Rehabilitation may offer a program under which inmates, as specified in…
§ 1170.06 (a) Notwithstanding any other law, a sheriff or a county director of corrections is authorized to offer a program under which inmates as specified in…
§ 1170.1 (a) Except as otherwise provided by law, and subject to Section 654, when any person is convicted of two or more felonies, whether in the same proceeding or…
§ 1170.11 As used in Section 1170.1, the term “specific enhancement” means an enhancement that relates to the circumstances of the crime. It includes, but is not limited…
§ 1170.12 (a) Notwithstanding any other law, if a defendant has been convicted of a felony and it has been pled and proved that the defendant has one or more prior…
§ 1170.125 (a) Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, statewide general election, for all offenses committed on or after…
§ 1170.126 (a) The resentencing provisions under this section and related statutes are intended to apply exclusively to persons presently serving an indeterminate term of…
§ 1170.127 (a) A person who is committed to a state hospital after being found not guilty by reason of insanity pursuant to Section 1026 may petition the court to have…
§ 1170.13 Notwithstanding subdivision (a) of Section 1170.1 which provides for the imposition of a subordinate term for a consecutive offense of one-third of the middle…
§ 1170.15 Notwithstanding subdivision (a) of Section 1170.1 which provides for the imposition of a subordinate term for a consecutive offense of one-third of the middle…
§ 1170.16 In lieu of the term provided in Section 1170.1, a full, separate, and consecutive term may be imposed for each violation of subdivision (a) of Section 192,…
§ 1170.18 (a) A person who, on November 5, 2014, was serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of…
§ 1170.2 (a) In the case of any inmate who committed a felony prior to July 1, 1977, who would have been sentenced under Section 1170 if he or she had committed it…
§ 1170.21 A conviction for a violation of Section 647f as it read on December 31, 2017, is invalid and vacated. All charges alleging violation of Section 647f are…
§ 1170.22 (a) A person who is serving a sentence as a result of a violation of Section 647f as it read on December 31, 2017, whether by trial or by open or negotiated…
§ 1170.3 The Judicial Council shall seek to promote uniformity in sentencing under Section 1170 by: (a) The adoption of rules providing criteria for the consideration…
§ 1170.4 The Judicial Council shall collect and analyze relevant information relating to sentencing practices in this state and other jurisdictions. Such information…
§ 1170.45 The Judicial Council shall collect data on criminal cases statewide relating to the disposition of those cases according to the race and ethnicity of the…
§ 1170.5 The Judicial Council shall conduct annual sentencing institutes for trial court judges pursuant to Section 68551 of the Government Code, toward the end of…
§ 1170.7 Robbery or attempted robbery for the purpose of obtaining any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and…
§ 1170.71 The fact that a person who commits a violation of Section 288 has used obscene or harmful matter to induce, persuade, or encourage the minor to engage in a…
§ 1170.72 Upon conviction of a violation of Section 11353, 11353.5, 11353.7, 11354, 11361, or 11380 of the Health and Safety Code, or a finding of truth of an enhancing…
§ 1170.73 Upon conviction of a felony violation of Section 11377, 11378, or 11378.5 of the Health and Safety Code, the court shall consider the quantity of controlled…
§ 1170.74 Upon conviction of a felony violation of Section 11377, 11378, 11379, or 11379.6 of the Health and Safety Code, for an offense involving methamphetamine, the…
§ 1170.76 The fact that a defendant who commits or attempts to commit a violation of Section 243.4, 245, or 273.5 is or has been a member of the household of a minor or…
§ 1170.78 Upon a conviction of a violation of Section 451, the fact that the person committed the offense in retaliation against the owner or occupant of the property or…
§ 1170.8 (a) The fact that a robbery or an assault with a deadly weapon or instrument or by means of any force likely to produce great bodily injury was committed…
§ 1170.81 The fact that the intended victim of an attempted life term crime was a peace officer, as described in subdivisions (a) and (b) of Section 830.1, or Section…
§ 1170.82 Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code, the fact that the person who committed the offense…
§ 1170.84 Upon conviction of any serious felony, listed in subdivision (c) of Section 1192.7, it shall be considered a circumstance in aggravation of the crime in…
§ 1170.85 (a) Upon conviction of any felony assault or battery offense, it shall be considered a circumstance in aggravation of the crime in imposing a term under…
§ 1170.86 Upon conviction of a felony violation of Section 220, 261, 261.5, 264.1, or 266j the fact that the felony was committed within a safe school zone, as defined…
§ 1170.89 Where there is an applicable triad for an enhancement related to the possession of, being armed with, use of, or furnishing or supplying a firearm, set forth…
§ 1170.9 (a) In the case of any person convicted of a criminal offense who could otherwise be sentenced to county jail or state prison and who alleges that the person…
§ 1170.91 (a) If the court concludes that a defendant convicted of a felony offense is, or was, a member of the United States military who may be suffering from sexual…
§ 1171 (a) For the purposes of this section, “postconviction proceeding” means a proceeding to modify a sentence or conviction pursuant to an ameliorative statute.…