Recall of Commitment Recommendation

Circumstances.

The director may recommend at any time to the sentencing court

the recall of an inmate’s commitment pursuant to Penal Code

section 1170(d) for one or more of the following reasons:

(a) The inmate is terminally ill and is not condemned or

sentenced to life without possibility of parole.

(b) It is evident from the inmate’s exceptional behavior that is

so extraordinary beyond simply complying with all regulations and

procedures during incarceration that they have changed as a person

and would be a positive asset to the community.

(c) Information which was not made available to the court in

pronouncing the inmate’s sentence is brought to the attention of

the director, who deems the information would have influenced the

sentence imposed by the court.

(d) The director deems that circumstances have changed to the

extent that the inmate’s continued incarceration is not in the

interest of justice.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections

1170(d) and 5054, Penal Code.

[For related information see DOM Section 62020.]

HISTORY:

1. New section filed 5-20-92 as an emergency; operative 5-20-92

(Register 92, No. 21). A Certificate of Compliance must be

transmitted to OAL 9-17-92 or emergency language will be

repealed by operation of law on the following day.

2. Certificate of Compliance as to 5-20-92 order transmitted to OAL

9-9-92; disapproved by OAL and order of repeal of 5-20-92 order

filed on 10-22-92 (Register 92, No. 43).

3. New section refiled 10-23-92 as an emergency; operative 10-22-92

pursuant to Government Code section 11346.1(h) (Register 92, No.

43). A Certificate of Compliance must be transmitted to OAL

2-23-93 or emergency language will be repealed by operation of

law on the following day.

4. Certificate of Compliance as to 10-23-92 order including amendment

of first paragraph and subsection (b) transmitted to OAL

12-18-92 and filed 2-3-93 (Register 93, No. 6).

3076.1. Recall of Commitment Consideration Criteria.

For inmates meeting one or more of the eligibility requirements

of section 3076, the classification and parole representative shall

consider the following criteria as may be applicable before

recommending recall of commitment consideration for an inmate:

(a) The inmate is or is not terminally ill or, if diagnosed as

having an illness which results in death, the inmate has more than

an estimated six months to live.

(b) The inmate’s commitment offense is for one or more of the

following felonies: murder, attempted murder, voluntary manslaughter,

mayhem, rape with force or violence, sodomy with force

or violence, oral copulation with force or violence, sodomy with

force or violence, oral copulation with force or violence, lewd acts

on a child under 14 years of age, arson, and/or other felonies

punishable by imprisonment for life.

(c) The inmate is or is not designated as a high notoriety case by

the classification staff representative or their placement has or has

not been ordered by the departmental review board because of an

unusual threat to the safety of persons or public interest in the

inmate’s case.

(d) The court was aware of the inmate’s imminent terminal

status at the time of sentencing.

(e) The inmate’s prior criminal history reflects a pattern of

convictions for violent acts against persons pursuant to Penal Code

section 667.5(c).

(f) The inmate has no prior criminal convictions preceding the

commitment offense.

(g) There exists a documented victim or next of kin of the

commitment offense in the community who would suffer fear from

the release of the inmate back into the community.

(h) The inmate’s documented institutional behavior reflects an

ongoing, serious pattern of force, violence, assault, arson or

predatory sexual behavior.

(i) The inmate is terminally ill and there are or are not verifiable

community resources appropriate, sufficient, and immediately

available to provide support and sustenance and to meet the

inmate’s medical and/or psychological needs upon release.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections

1170(d), 3043 and 5054, Penal Code.

[For related information see DOM Subsections 62020.4 and

62020.6.]

HISTORY:

1. New section filed 5-20-92 as an emergency; operative 5-20-92

(Register 92, No. 21). A Certificate of Compliance must be

transmitted to OAL 9-17-92 or emergency language will be

repealed by operation of law on the following day.

2. Certificate of Compliance as to 5-20-92 order transmitted to OAL

9-9-92; disapproved by OAL and order of repeal of 5-20-92 order

filed on 10-22-92 (Register 92, No. 43).

3. New section refiled 10-23-92 as an emergency; operative 10-22-92

pursuant to Government Code section 11346.1(h) (Register 92, No.

43). A Certificate of Compliance must be transmitted to OAL

2-23-93 or emergency language will be repealed by operation of

law on the following day.

4. Certificate of Compliance as to 10-23-92 order including amendment

of first paragraph and subsection (c) transmitted to OAL

12-18-92 and filed 2-3-93 (Register 93, No. 6).

3076.2. Recall of Commitment Processing.

(a) Recall of Commitment Processing for Terminally Ill Inmates.

(1) Requests for a determination that an inmate is terminally ill

and that they be considered for recall of commitment which are

initiated by the facility at any time or by the sentencing court more

than 120 days after the date of commitment shall be referred to the

inmate’s caseworker, who shall inform the inmate’s treating

physician or the facility’s chief medical officer of the request.

(2) For the purpose of this regulation, the facility’s chief

medical officer must also concur with the treating physician’s

prognosis of the inmate.

(3) Within three working days of the caseworker advising the

chief medical officer or the inmate’s treating physician of the

request or of a medical staff member’s discovery of a medical

condition appropriate for eligibility review, the chief medical

officer shall determine if the inmate is terminally ill. This

determination shall be documented on a CDC Form 128-C,

Chrono-Medical-Psych-Dental, which shall include a description

of the inmate’s illness, physical condition, estimated life expectancy

and desire to participate in a recall consideration, and which

shall be submitted to the classification and parole representative.

45

(4) The classification and parole representative shall review the

report and the inmate’s central file and consider the criteria listed

in section 3076.1 before recommending recall of commitment

consideration for the inmate.

(5) If the classification and parole representative recommends

against further recall consideration, the reasons shall be documented

on a CDC Form 128-B, Chron—General (Rev. 4/74),

which shall be countersigned by the warden or chief deputy

warden within three working days of receipt of the CDC Form

128-C. The original CDC Form 128-B shall be filed in the inmate’s

central file and a copy, excluding any confidential material as

defined in section 3321, sent to the inmate.

(6) If the classification and parole representative determines

that the case warrants recall consideration, the CDC Form 128-C

shall be submitted to the inmate’s caseworker, who shall investigate

and evaluate the inmate’s suitability for recommendation of

recall and document their evaluation in a report, with the following

attachments:

(A) The CDC Form 128-C.

(B) The inmate’s cumulative case summary.

(C) A list of any victim notification or other special notification

requirements.

(7) The institution’s evaluation and recommendation for a Penal

Code section 1170(d) recall of a terminally ill inmate, if in favor of

recall or equivocal, or in all cases if the evaluation was originally

requested by the sentencing judge or if the inmate’s term of

imprisonment is under the jurisdiction of the Board of Prison

Terms pursuant to Penal Code section 1170.2, shall be signed by

the warden or chief deputy warden and forwarded within twelve

working days from the date of the CDC Form 128-C to department

headquarters, and if the inmate’s term of imprisonment is under the

jurisdiction of the Board of Prison Terms pursuant to Penal Code

section 1170.2, to the Board of Prison Terms.

(b) Recall of Commitment Processing for Non-Terminally Ill

Inmates.

(1) Requests for consideration for recall of commitment which

are initiated by the facility at any time or by the sentencing court

more than 120 days after the date of commitment shall be referred

to the classification and parole representative via the inmate’s

caseworker.

(2) Upon receipt of the request, the classification and parole

representative shall consider the criteria listed in section 3076.1

and the inmate’s central file before recommending recall of

commitment consideration for the inmate.

(3) If the classification and parole representative recommends

against further recall consideration, the reasons shall be documented

on a CDC Form 128-B, Chrono—General (Rev. 4/74),

which shall be countersigned by the warden or chief deputy

warden. The original CDC Form 128-B shall be filed in the

inmate’s central file and a copy, excluding any confidential

material as defined in section 3321, sent to the inmate.

(4) If the classification and parole representative determines

that the inmate’s case warrants recall consideration, the classification

and parole representative’s findings shall be submitted to the

inmate’s caseworker, who shall investigate and evaluate the

inmate’s suitability for recommendation of recall and document

their evaluation in a report, with the following attachments:

(A) The inmate’s cumulative case summary.

(B) A list of any victim notification or other special notification

requirements.

(5) The institution’s evaluation and recommendation for a Penal

Code section 1170(d) recall of the inmate, if in favor of recall or

equivocal, or in all cases if the evaluation was originally requested

by the sentencing judge or if the inmate’s term of imprisonment is

under the jurisdiction of the Board of Prison Terms pursuant to

Penal Code section 1170.2, shall be signed by the warden or chief

deputy warden and forwarded to department headquarters, and if

the inmate’s term of imprisonment is under the jurisdiction of the

Board of Prison Terms pursuant to Penal Code section 1170.2, to

the Board of Prison Terms.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections

1170(d), 3043 and 5054, Penal Code.

[For related information see DOM Subsections 62020.8, 62020.9,

62020.10, 62020.11, and 62020.13.]

HISTORY:

1. New section filed 5-20-92 as an emergency; operative 5-20-92

(Register 92, No. 21). A Certificate of Compliance must be

transmitted to OAL 9-17-92 or emergency language will be

repealed by operation of law on the following day.

2. Certificate of Compliance as to 5-20-92 order transmitted to OAL

9-9-92; disapproved by OAL and order of repeal of 5-20-92 order

filed on 10-22-92 (Register 92, No. 43).

3. New section refiled 10-23-92 as an emergency; operative 10-22-92

pursuant to Government Code section 11346.1(h) (Register 92, No.

43). A Certificate of Compliance must be transmitted to OAL

2-23-92 or emergency language will be repealed by operation of

law on the following day.

4. Certificate of Compliance as to 10-23-92 order including amendment

of subsections (a)(1), (a)(3)–(5) and (b)(2) transmitted to

OAL 12-18-92 and filed 2-3-93 (Register 93, No. 6).

3076.3. Victim Notification for Recall of Commitment

Recommendations.

When informed that an inmate’s commitment has been recommended

for recall to the court, the inmate’s classification and

parole representative shall notify any victim of a crime committed

by the inmate, or the victim’s next of kin if the victim has died,

provided that the victim or the victim’s next of kin has requested

notice of any hearing to review or consider the parole suitability or

the setting of a parole date for the inmate, and the requesting party

has kept the department or the Board of Prison Terms apprised of

their current mailing address. The notification shall include the

name and address of the court that will consider recall.

NOTE: Authority cited: Section 5058, Penal Code. Reference: Sections

1170(d), 3043 through 3043.3 and 5054, Penal Code.

[For related information see DOM Subsection 72060.7.]

HISTORY:

1. New section filed 5-20-92 as an emergency; operative 5-20-92

(Register 92, No. 21). A Certificate of Compliance must be

transmitted to OAL 9-17-92 or emergency language will be

repealed by operation of law on the following day.

2. Certificate of Compliance as to 5-20-92 order transmitted to OAL

9-9-92; disapproved by OAL and order of repeal of 5-20-92 order

filed on 10-22-92 (Register 92, No. 43).

3. New section refiled 10-23-92 as an emergency; operative 10-22-92

pursuant to Government Code section 11346.1(h) (Register 92, No.

43). A Certificate of Compliance must be transmitted to OAL

2-23-93 or emergency language will be repealed by operation of

law on the following day.

4. Certificate of Compliance as to 10-23-92 order transmitted to OAL

12-18-92 and filed 2-3-93 (Register 93, No. 6).

CURRENT BILL STATUS


MEASURE :  A.B. No. 1946
AUTHOR(S)       :  Steinberg.
TOPIC   :  Sentencing.
HOUSE LOCATION  :  SEN
+LAST AMENDED DATE  :  05/03/2004


TYPE OF BILL :  
                Inactive
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  07/12/2004
LAST HIST. ACTION   :  To inactive file on motion of Senator  Burton.
FILE    :  SEN INACTIVE FILE - ASSEMBLY BILLS
FILE DATE       :  08/04/2004
ITEM    :  A- 50


TITLE   :  An act to amend Section 1170 of the Penal Code, relating
        to sentencing.

BILL NUMBER: AB 1946    AMENDED
        BILL TEXT

        AMENDED IN ASSEMBLY  MAY 3, 2004
        AMENDED IN ASSEMBLY  APRIL 16, 2004

INTRODUCED BY   Assembly Member Steinberg

                        FEBRUARY 11, 2004

   An act to amend Section 1170 of the Penal Code, relating to
sentencing.



        LEGISLATIVE COUNSEL'S DIGEST


   AB 1946, as amended, Steinberg.  Sentencing.
   Under existing law, a state prisoner who is diagnosed with a
disease that would produce death within 6 months and whose release is
deemed not to threaten the public safety may have his or her
sentence recalled and be resentenced.  Existing law additionally sets
forth grounds under which the court has discretion to find that a
prisoner is eligible for resentence or recall.
   This bill would make prisoners who are diagnosed with a disease
that would produce death within  12   6 
months, and whose release is deemed not to threaten public safety,
eligible to have their sentences recalled and to be resentenced and
would expand the grounds under which the court exercises discretion
to find eligibility for resentencing or recall.  This bill would also
oblige a physician employed by the Department of Corrections who
determines that a prisoner has  12   6 
months or less to live to inform the appropriate chief medical
officer of that fact, and, if he or she concurs, would oblige the
chief medical officer to inform the warden of that fact.  This bill
would also require the warden or the warden's representative to
inform a prisoner given that prognosis of the recall and resentencing
procedures, and to arrange for the prisoner's designee to be
informed of the prisoner's medical condition and prognosis, and of
the procedures for recall and resentencing.  This bill would require
the warden or the warden's representative to contact a mentally unfit
inmate's emergency contact and provide the contact with this
information. This bill would also direct the warden or the warden's
representative to keep the prisoner and the prisoner's designee
apprised of the prisoner's medical condition and recall and
resentencing proceedings.  This bill would also provide that when a
prisoner or his or her designee initiates recall and resentencing
procedures, the chief medical officer and the warden or the warden's
representative, if they find that the prisoner has  12
  6  months or less to live, shall, within 48 hours
of their finding, inform the prisoner or his or her designee of the
recall and resentencing procedures.  This bill would also require
release of a prisoner who is resentenced within 48 hours of receipt
of the court's order, unless the prisoner agrees to a longer time
period, and would require that the prisoner be given his  or her
 medical records, state identification, medications, and
property at the time of release.  Finally, this bill would require
the Director of Corrections to issue a directive to Department of
Corrections staff explaining recall and resentencing procedures.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1170 of the Penal Code is amended to read:
   1170.  (a) (1) The Legislature finds and declares that the purpose
of imprisonment for crime is punishment.  This purpose is best
served by terms proportionate to the seriousness of the offense with
provision for uniformity in the sentences of offenders committing the
same offense under similar circumstances.  The Legislature further
finds and declares that the elimination of disparity and the
provision of uniformity of sentences can best be achieved by
determinate sentences fixed by statute in proportion to the
seriousness of the offense as determined by the Legislature to be
imposed by the court with specified discretion.
   (2) Paragraph (1) shall not be construed to preclude programs,
including educational programs, that are designed to rehabilitate
nonviolent, first-time felony offenders.  The Legislature encourages
the development of policies and programs designed to educate and
rehabilitate nonviolent, first-time felony offenders consistent with
the purpose of imprisonment.
   (3) In any case in which the punishment prescribed by statute for
a person convicted of a public offense is a term of imprisonment in
the state prison of any specification of three time periods, the
court shall sentence the defendant to one of the terms of
imprisonment specified unless the convicted person is given any other
disposition provided by law, including a fine, jail, probation, or
the suspension of imposition or execution of sentence or is sentenced
pursuant to subdivision (b) of Section 1168 because he or she had
committed his or her crime prior to July 1, 1977.  In sentencing the
convicted person, the court shall apply the sentencing rules of the
Judicial Council.  The court, unless it determines that there are
circumstances in mitigation of the punishment prescribed, shall also
impose any other term that it is required by law to impose as an
additional term. Nothing in this article shall affect any provision
of law that imposes the death penalty, that authorizes or restricts
the granting of probation or suspending the execution or imposition
of sentence, or expressly provides for imprisonment in the state
prison for life.  In any case in which the amount of preimprisonment
credit under Section 2900.5 or any other provision of law is equal to
or exceeds any sentence imposed pursuant to this chapter, the entire
sentence shall be deemed to have been served and the defendant shall
not be actually delivered to the custody of the Director of
Corrections.  The court shall advise the defendant that he or she
shall serve a period of parole and order the defendant to report to
the parole office closest to the defendant's last legal residence,
unless the in-custody credits equal the total sentence, including
both confinement time and the period of parole.  The sentence shall
be deemed a separate prior prison term under Section 667.5, and a
copy of the judgment and other necessary documentation shall be
forwarded to the Director of Corrections.
   (b) When a judgment of imprisonment is to be imposed and the
statute specifies three possible terms, the court shall order
imposition of the middle term, unless there are circumstances in
aggravation or mitigation of the crime.  At least four days prior to
the time set for imposition of judgment, either party or the victim,
or the family of the victim if the victim is deceased, may submit a
statement in aggravation or mitigation to dispute facts in the record
or the probation officer's report, or to present additional facts.
In determining whether there are circumstances that justify
imposition of the upper or lower term, the court may consider the
record in the case, the probation officer's report, other reports
including reports received pursuant to Section 1203.03 and statements
in aggravation or mitigation submitted by the prosecution, the
defendant, or the victim, or the family of the victim if the victim
is deceased, and any further evidence introduced at the sentencing
hearing.  The court shall set forth on the record the facts and
reasons for imposing the upper or lower term.  The court may not
impose an upper term by using the fact of any enhancement upon which
sentence is imposed under any provision of law.  A term of
imprisonment shall not be specified if imposition of sentence is
suspended.
   (c) The court shall state the reasons for its sentence choice on
the record at the time of sentencing.  The court shall also inform
the defendant that as part of the sentence after expiration of the
term he or she may be on parole for a period as provided in Section
3000.
   (d) When a defendant subject to this section or subdivision (b) of
Section 1168 has been sentenced to be imprisoned in the state prison
and has been committed to the custody of the Director of
Corrections, the court may, within 120 days of the date of commitment
on its own motion, or at any time upon the recommendation of the
Director of Corrections or the Board of Prison Terms, recall the
sentence and commitment previously ordered and resentence the
defendant in the same manner as if he or she had not previously been
sentenced, provided the new sentence, if any, is no greater than the
initial sentence.  The resentence under this subdivision shall apply
the sentencing rules of the Judicial Council so as to eliminate
disparity of sentences and to promote uniformity of sentencing.
Credit shall be given for time served.
   (e) (1) Notwithstanding any other law and consistent with
paragraph (1) of subdivision (a) of Section 1170, if the Director of
Corrections or the Board of Prison Terms or both determine that a
prisoner satisfies the criteria set forth in paragraph (2), the
director or the board may recommend to the court that the prisoner's
sentence be recalled.
   (2) The court shall have the discretion to resentence or recall if
the court finds that the facts described in subparagraphs (A) and
(B) or subparagraphs (B) and (C) exist:
   (A) The prisoner is terminally ill with an incurable condition
caused by an illness or disease that would produce death within
 12   6  months, as  determined by a
physician employed by the department.
   (B) The conditions under which the prisoner would be released or
receive treatment do not pose a threat to public safety.
   (C) The prisoner is medically incapacitated by a medical condition
that renders him or her permanently unable to move without
assistance, permanently unable to perform activities of daily living
such as dressing, eating, ambulating, or maintaining personal hygiene
without assistance, or permanently  ventilator dependent
  ventilator-dependent .
   The Board of Prison Terms shall make findings pursuant to this
subdivision before making a recommendation for resentence or recall
to the court.  This subdivision does not apply to a prisoner
sentenced to death or a term of life without the possibility of
parole.
   (3) Within 10 days of receipt of a positive recommendation by the
director or the board, the court shall hold a hearing to consider
whether the prisoner's sentence should be recalled.
   (4) Any physician employed by the department who determines that a
prisoner has  12   6  months or less to
live shall notify the chief medical  officer of the prognosis.  If
the chief medical officer concurs with the prognosis, he or she shall
notify the warden.  Within 48 hours of receiving notification, the
warden or the warden's representative shall notify the prisoner of
the recall and resentencing procedures, and shall arrange for the
prisoner to designate a family member or other outside agent to be
notified as to the prisoner's medical condition and prognosis, and as
to the recall and resentencing procedures.  If the inmate is deemed
mentally unfit, the warden or the warden's representative shall
contact the inmate's emergency contact and provide the information
described in paragraph (2).
   (5) The warden or the warden's representative shall provide the
prisoner and his or her family member, agent, or emergency contact,
as described in paragraph (4), updated information throughout the
recall and resentencing process with regard to the prisoner's medical
condition and the status of the prisoner's recall and resentencing
proceedings.
   (6) Notwithstanding any other provisions of this section, the
prisoner or his or her family member or designee may independently
request consideration for recall and resentencing by contacting the
chief medical officer at the prison or the Director of Corrections.
Upon receipt of the request, the chief medical officer and the warden
or the warden's representative shall follow the procedures described
in paragraph (4).  If the director determines that the prisoner
satisfies the criteria set forth in paragraph (2), the director or
board may recommend to the court that the prisoner's sentence be
recalled.  The director shall submit a recommendation for release
within 30 days in the case of inmates sentenced to determinate terms
and, in the case of inmates sentenced to indeterminate terms, the
director shall make a recommendation to the Board of Prison Terms
with respect to the inmates who have applied under this section.  The
board shall consider this information and make an independent
judgment pursuant to paragraph (2) and make findings related thereto
before rejecting the request or making a recommendation to the court.
  This action shall be taken at the next lawfully noticed board
meeting.
   (7) Any recommendation for recall submitted to the court by the
Director of Corrections or the Board of Prison Terms shall include
one or more medical evaluations, a postrelease plan, and findings
pursuant to paragraph (2).
   (8) If possible, the matter shall be heard before the same judge
of the court who sentenced the prisoner.
   (9) If the court grants the recall and resentencing application,
the prisoner shall be released by the department within 48 hours of
receipt of the court's order, unless a longer time period is agreed
to by the inmate.  At the time of release, the warden or the warden's
representative shall ensure that the prisoner has each of the
following in his or her possession:  a discharge medical summary,
full medical records, state identification, parole medications, and
all property belonging to the prisoner.  After discharge, any
additional records shall be sent to the prisoner's forwarding
address.
   (10) The director shall issue a directive to medical and
correctional staff employed by the department that details the
guidelines and procedures for initiating a recall and resentencing
procedure.  The directive shall clearly state that any prisoner who
is given a prognosis of  12   6  months or
less to live is eligible for recall and resentencing consideration,
and that recall and resentencing procedures shall be initiated upon
that prognosis.
   (f) Any sentence imposed under this article shall be subject to
the provisions of Sections 3000 and 3057 and any other applicable
provisions of law.
   (g) A sentence to state prison for a determinate term for which
only one term is specified, is a sentence to state prison under this
section.                         

CURRENT BILL STATUS


MEASURE :  A.B. No. 1946
AUTHOR(S)       :  Steinberg.
TOPIC   :  Sentencing.
HOUSE LOCATION  :  SEN
+LAST AMENDED DATE  :  05/03/2004


TYPE OF BILL :  
                Inactive
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  07/12/2004
LAST HIST. ACTION   :  To inactive file on motion of Senator  Burton.
FILE    :  SEN INACTIVE FILE - ASSEMBLY BILLS
FILE DATE       :  08/04/2004
ITEM    :  A- 50


TITLE   :  An act to amend Section 1170 of the Penal Code, relating
        to sentencing.

        CURRENT BILL STATUS


MEASURE :  A.B. No. 1946
AUTHOR(S)       :  Steinberg.
TOPIC   :  Sentencing.
HOUSE LOCATION  :  ASM
+LAST AMENDED DATE  :  05/03/2004


TYPE OF BILL :  
                Active
                Non-Urgency
                Non-Appropriations
                Majority Vote Required
                Non-State-Mandated Local Program
                Fiscal
                Non-Tax Levy

LAST HIST. ACT. DATE:  05/03/2004
LAST HIST. ACTION   :  Read third time, amended, and returned to third reading.
FILE    :  ASM THIRD READING
FILE DATE       :  05/24/2004
ITEM    :       123


TITLE   :  An act to amend Section 1170 of the Penal Code, relating
        to sentencing.