Criminal procedure: sentencing.

Assembly Member Sharp-Collins proposes fundamental changes to California's Three Strikes Law by prohibiting courts from using juvenile adjudications or convictions that occurred before age 18 as prior serious or violent felony convictions for sentence enhancement purposes.

The legislation amends the Three Strikes Law to explicitly exclude juvenile adjudications and pre-18 convictions from counting as "strikes" that trigger enhanced sentences. It establishes a petition process allowing individuals currently serving enhanced sentences based on juvenile or pre-18 convictions to seek resentencing. Upon receiving a petition, courts must determine prima facie eligibility and, if established, hold a hearing where prosecutors bear the burden of proving beyond reasonable doubt that the petitioner does not qualify for relief. Successful petitioners receive resentencing without the enhancement, though the new sentence cannot exceed the original term.

The bill creates specific procedural requirements for the petition process, including mandatory court review timelines, appointment of counsel for eligible petitioners, and opportunities for both prosecution and defense to present evidence at resentencing hearings. Courts must credit time served and may impose up to three years of parole supervision following resentencing. The legislation maintains existing provisions requiring two-thirds legislative approval or voter consent for future amendments to these sections of the Three Strikes Law.

Local jurisdictions will need to implement these changes through coordination between courts, district attorneys, and public defenders. The bill provides for state reimbursement of costs incurred by local agencies in carrying out this state-mandated program, subject to review by the Commission on State Mandates.