A new law passed in California last year will give thousands of prisoners the chance to have their sentences reconsidered if the law affecting their conviction changes after they are sentenced.

Assembly Bill 600, authored by Assemblymember Mark Stone, was signed into law by Governor Gavin Newsom in October. The law went into effect on January 1, 2024.

AB 600 allows prisoners who were sentenced under a law that was later amended or repealed to petition courts to reevaluate their sentence. If the court finds that the change in law would have resulted in a shorter sentence, then the court can choose to resentence the prisoner accordingly.

Previously, prisoners had no recourse if a law impacting their sentence was changed after their conviction. The new resentencing law aims to address this issue of fairness.

“When the law changes, we must allow the law to change with it and give people access to justice,” said Assemblymember Stone.

The law could benefit thousands of prisoners serving long sentences for certain crimes if laws involving sentence enhancements and other sentencing factors are amended in the future. For example, if a mandatory minimum sentence for a crime was reduced after a prisoner was convicted, the prisoner could petition for resentencing under AB 600.

However, the law does not apply to legislative changes that reduce penalties without changing any underlying elements of a crime. It also does not allow resentencing to a term shorter than the original sentence if the prisoner has prior violent felony convictions. Other limitations and eligibility criteria apply.

“This law strikes the right balance of fairness and public safety,” said Nicole Porter of The Sentencing Project, an advocacy group supporting the legislation. “It provides an avenue for resentencing for people impacted by criminal justice reforms while including safeguards against endangering communities.”

While some criminal justice advocates have argued the law does not go far enough, supporters say it is an important first step in allowing prisoners to benefit from future reforms. California joins a handful of other states including Oregon, Washington and Nevada that have passed similar post-conviction relief legislation in recent years.