HB 1363

REQUEST FOR RESENTENCING This bill authorizes a person serv ing a sentence of incarceration of eight years or more for an offense committed prior to January 1, 2026, and who is a victim of domestic abuse subjected to substantial physical, sexual, or psychological abuse inflicted by a member of the same family or h o usehold as the person to , on or after January 1, 2026, to submit to the sentencing court, a request to apply for resentencing. The person must include in the request documentation proving that the person is serving a sentence of incarceration of eight yea rs or more for an offense committed prior to January 1, 2026, and that the person is serving such sentence for any offense eligible for an alternative sentenc e . If the court finds that the person has met the requirements to apply for resentencing, then t he court must notify such person that the person may submit an application for resentencing. Upon such notification, the person may request that the court appoint an attorney for the preparation of and proceedings on the application for resentencing. On the other hand, if the court finds that the person has not met the requirements to apply for resentencing, then the court must notify such person and dismiss the request without prejudice. PROCEDURE UPON RECEIPT OF AN APPLICATION FOR RESENTENCING Upon t he court's receipt of an application for resentencing, this bill requires the court to promptly notify the district attorney general for the judicial district in which the offense occurred and provide such district attorney general with a copy of the appli cation. An application for resentencing must include at least two p ieces of evidence corroborating the applicant's claim that, at the time of the offense, the applicant was a victim of domestic abuse subjected to substantial physical, sexual, or psycholog ical abuse inflicted by a member of the same family or household as the applicant. At least one piece of evidence must be either a court record, presentence report, social services record, hospital record, sworn statement from a witness to the domestic v i olence, law enforcement record, domestic incident report, or order of protection. Other evidence may include, but is not limited to, department of correction records, jail records, a showing based in part on documentation prepared at or near the time of t he commission of the offense or the prosecution of the offense tending to support the person's claim, or verification of consultation with a licensed healthcare provider or mental healthcare provider, employee of a court acting within the scope of their em ployment, member of the clergy, attorney, social worker, rape crisis counselor, or other advocate acting on behalf of an agency that assists victims of domestic violence for the purpose of assisting such person with domestic violence victim counseling or s upport. If the court finds that the applicant has not submitted corroborating evidence, then this bill requires the court to dismiss the application without prejudice. However, if the court finds that the applicant has complied with the provisions above, then the court must conduct a hearing to determine whether the applicant should be resentenced. At such hearing , the court must determine any controverted issue of fact relevant to the issue of sentencing. Reliable hearsay is admissible at such hearing s. The court may consider any fact or circumstances relevant to the imposition of a new sentence which are submitted by the applicant or the district attorney general and may, in addition, consider the institutional record of confinement of the applicant, but must not order a new presentence report or entertain any matter challenging the underlying basis of the subject conviction. The court's consideration of the institutional record of confinement of such applicant must include, but not be limited to, su ch applicant's participation in or willingness to participate in programming such as domestic violence, parenting, and substance abuse treatment while incarcerated and such applicant's disciplinary history. The fact that the applicant was unable to parti c ipate in treatment or other programming while incarcerated despite the applicant's willingness to do so must not be considered a negative factor in determining such an application. If the court determines that the applicant should not be resentenced, the n this bill requires the court to inform the applicant of its decision and enter an order to that effect. Any order so issued must include written findings of fact and the reasons for the order. However, i f the court determines that the applicant should be resentenced, then the court must notify the applicant that, unless the applicant withdraws the application, the court will enter an order vacating the sentence originally imposed and impose a new sentence. An order so issued must include written findings of fact and the reasons for the order. APPEALS This bill authorizes an appeal of a determination to be taken as of right from (i) an order denying resentencing or (ii) a new sentence based on the grounds that t he term of the new sentence is har sh or excessive; or t he term of the new sentence is unauthorized as a matter of law. Upon remand to the sentencing court following an appeal, the applicant must be given an opportunity to withdraw an application for resentencing before any resentence is i mposed. The applicant may request that the court appoint the applicant an attorney for the preparation of and proceedings on any appeals regarding the application for resentencing. In calculating the new term to be served by an applicant, the applicant m ust be credited for any jail time or period of incarceration credited toward the sentence originally imposed.