California SB 483 resentencing is an automatic process that removes two previously repealed sentence enhancements from the terms of people still serving time for them, resulting in a recalled sentence and, in most cases, a reduction. Signed by Governor Newsom in 2021, the law has led to more than 3,000 resentencings as of December 2024, with a median reduction of roughly two years.1California Policy Lab. Retroactive Enhancement Resentencing under Senate Bill 483 2022 You do not file anything to start it. The California Department of Corrections and Rehabilitation identifies eligible people and notifies the sentencing court, which then recalls the sentence.2California Department of Corrections and Rehabilitation. Senate Bill 483
Which Enhancements SB 483 Invalidates
The law reaches two specific enhancements that the Legislature had already repealed or narrowed for new cases but had never applied backward to people already serving time.
The first is the prior drug conviction enhancement under Health and Safety Code Section 11370.2. Before SB 180 took effect on January 1, 2018, California added a consecutive three-year term for each prior felony conviction of certain drug offenses. SB 180 eliminated most of those enhancements going forward. SB 483 now declares them invalid for people sentenced before the change.3California Legislative Information. California Senate Bill 483 – Sentencing: Resentencing to Remove Sentencing Enhancements
The second is the prior prison term enhancement under Penal Code Section 667.5(b). Before SB 136 took effect on January 1, 2020, California added one year for each prior separate prison term a person had served. SB 136 narrowed that enhancement so it now only applies to prior convictions for sexually violent offenses. SB 483 retroactively invalidates the old one-year enhancements for everyone else.4California Legislative Information. California Penal Code 667.5
About 92% of people resentenced so far had the one-year prior prison term enhancement rather than the three-year drug enhancement.1California Policy Lab. Retroactive Enhancement Resentencing under Senate Bill 483 2022
Who Qualifies and Who Does Not
You qualify if your current sentence includes one of those two invalidated enhancements. Eligibility does not depend on the underlying conviction, your criminal history, or your behavior while incarcerated. If an invalidated enhancement is part of your sentence, CDCR is required to flag you.
Two groups are excluded. If a prior prison term enhancement was based on a conviction for a sexually violent offense as defined in Welfare and Institutions Code Section 6600(b), the enhancement remains valid.5California Legislative Information. California Penal Code 1172.75 And if a drug enhancement was imposed for a prior conviction involving the use of a minor in a controlled substance offense under Health and Safety Code Section 11380, that enhancement also stays in place.3California Legislative Information. California Senate Bill 483 – Sentencing: Resentencing to Remove Sentencing Enhancements
How the Resentencing Happens
SB 483 was designed so the system does the work. No petition is required.
CDCR Identification
CDCR’s Secretary and each county’s correctional administrator were required to review their populations, identify everyone serving a sentence that includes an invalidated enhancement, and send the person’s name, date of birth, and case number to the sentencing court.5California Legislative Information. California Penal Code 1172.75 CDCR also provided those lists to the Judicial Council, the California Public Defenders Association, and the California District Attorneys Association.2California Department of Corrections and Rehabilitation. Senate Bill 483
Court Recall and Resentencing
Once notified, the court verifies the sentence includes an invalidated enhancement. If it does, the court must recall the sentence and resentence the person. This is mandatory, not discretionary.5California Legislative Information. California Penal Code 1172.75 The court must appoint an attorney for the person being resentenced, regardless of ability to pay.
The parties can agree to waive the hearing, which often happens in straightforward cases. If a hearing is held, the person can appear remotely with their consent.3California Legislative Information. California Senate Bill 483 – Sentencing: Resentencing to Remove Sentencing Enhancements
At the resentencing, the judge does not just strip the invalid enhancement. The court must apply current Judicial Council sentencing rules and any other changes in law that reduce sentences or allow judicial discretion. The whole sentence is reassessed under today’s framework.
Release Timing
If the new sentence makes someone immediately eligible for release, CDCR regulations require release within five business days of CDCR receiving the amended court order.2California Department of Corrections and Rehabilitation. Senate Bill 483 CDCR will only accept the amended documents directly from the court. Paperwork sent in by a defense attorney, the incarcerated person, or a family member will not be processed. Families should be ready for a short-notice release, including housing and transportation.
When a Judge Can Refuse to Reduce the Sentence
The law creates a strong presumption that the new sentence will be shorter. A judge can refuse to reduce the sentence only if the prosecution shows, by clear and convincing evidence, that a lesser sentence would endanger public safety. Even then, the new sentence can never exceed the original one.5California Legislative Information. California Penal Code 1172.75
Clear and convincing evidence is a deliberately high bar, well above the preponderance standard used in most civil proceedings. In weighing public safety, the court can consider:
- The person’s disciplinary record and rehabilitation efforts while incarcerated
- Whether age, time served, or declining physical health have reduced the risk of future violence
- Whether circumstances have changed enough since the original sentencing that continued incarceration no longer serves justice5California Legislative Information. California Penal Code 1172.75
If the Original Sentence Was a Plea Deal
Many sentences reached under SB 483 came from plea bargains, which raised a question early on: if the new sentence falls below what the plea specified, can the prosecution withdraw and refile? For a time, some courts allowed exactly that.
The Legislature closed the door with Assembly Bill 2483, signed in 2024. It added Penal Code Section 1171(c)(3), which states that changes to a sentence during postconviction resentencing under an ameliorative statute cannot be used as a basis for a prosecutor or court to rescind a plea agreement.6California Legislative Information. Today’s Law As Amended – AB 2483 Postconviction Proceedings If your sentence came from a plea and included an invalidated enhancement, the plea stays intact after the sentence is reduced.
What to Do If Someone Was Missed
The statutory deadlines for CDCR identification and court action have all passed. Systems do miss people. If you believe someone is still serving time on an invalidated enhancement and has not been resentenced, the most effective step is to contact the public defender’s office in the county where the original sentence was imposed. The court is required to appoint counsel for the resentencing itself, so legal representation during the proceeding carries no cost. Keep in mind that CDCR will not act until the amended order reaches it directly from the court, so the fix has to move through the court file, not through CDCR intake.