California Penal Code ARTICLE 1 - Initial Sentencing

• Section 1170.
  (a) (1) The Legislature finds and declares that the purpose of sentencing is public safety achieved through punishment, rehabilitation, and restorative justice. When a sentence includes incarceration,...
• Section 1170.a.
  (a) (1) The Legislature finds and declares that the purpose of sentencing is public safety achieved through punishment, rehabilitation, and restorative justice. When a sentence includes incarceration,...
• Section 1170.02.
  A prisoner is not eligible for resentence or recall pursuant to subdivision (e) of Section 1170 if he or she was convicted of first-degree murder...
• Section 1170.05.
  (a) Notwithstanding any other law, the Secretary of the Department of Corrections and Rehabilitation is authorized to offer a program under which female inmates as specified...
• Section 1170.06.
  (a) Notwithstanding any other law, a sheriff or a county director of corrections is authorized to offer a program under which inmates as specified in subdivision...
• Section 1170.1.
  (a) Except as otherwise provided by law, and subject to Section 654, when any person is convicted of two or more felonies, whether in the same...
• Section 1170.1.a.
  (a) Except as otherwise provided by law, and subject to Section 654, when any person is convicted of two or more felonies, whether in the same...
• Section 1170.11.
  As used in Section 1170.1, the term “specific enhancement” means an enhancement that relates to the circumstances of the crime. It includes, but is not...
• Section 1170.12.
  Aggregate and consecutive terms for multiple convictions; Prior conviction as prior felony; Commitment and other enhancements or punishment.(a) Notwithstanding any other provision of law, if a...
• Section 1170.125.
  Notwithstanding Section 2 of Proposition 184, as adopted at the November 8, 1994, General Election, for all offenses committed on or after November 7, 2012,...
• Section 1170.126.
  (a) The resentencing provisions under this section and related statutes are intended to apply exclusively to persons presently serving an indeterminate term of imprisonment pursuant to...
• Section 1170.127.
  (a) A person who is committed to a state hospital after being found not guilty by reason of insanity pursuant to Section 1026 may petition the...
• Section 1170.13.
  Notwithstanding subdivision (a) of Section 1170.1 which provides for the imposition of a subordinate term for a consecutive offense of one-third of the middle term...
• Section 1170.15.
  Notwithstanding subdivision (a) of Section 1170.1 which provides for the imposition of a subordinate term for a consecutive offense of one-third of the middle term...
• Section 1170.16.
  In lieu of the term provided in Section 1170.1, a full, separate, and consecutive term may be imposed for each violation of subdivision (a) of...
• Section 1170.17.
  (a) When a person is prosecuted for a criminal offense committed while he or she was under 18 years of age and the prosecution was lawfully...
• Section 1170.18.
  (a) A person who, on November 5, 2014, was serving a sentence for a conviction, whether by trial or plea, of a felony or felonies who...
• Section 1170.19.
  (a) Notwithstanding any other provision of law, the following shall apply to a person sentenced pursuant to Section 1170.17.(1) The person may be committed to the Youth...
• Section 1170.2.
  (a) In the case of any inmate who committed a felony prior to July 1, 1977, who would have been sentenced under Section 1170 if he...
• Section 1170.21.
  A conviction for a violation of Section 647f as it read on December 31, 2017, is invalid and vacated. All charges alleging violation of Section...
• Section 1170.22.
  (a) A person who is serving a sentence as a result of a violation of Section 647f as it read on December 31, 2017, whether by...
• Section 1170.3.
  The Judicial Council shall seek to promote uniformity in sentencing under Section 1170 by:(a) The adoption of rules providing criteria for the consideration of the trial...
• Section 1170.3.a.
  The Judicial Council shall seek to promote uniformity in sentencing under Section 1170 by:(a) The adoption of rules providing criteria for the consideration of the trial...
• Section 1170.4.
  The Judicial Council shall collect and analyze relevant information relating to sentencing practices in this state and other jurisdictions. Such information shall be taken into...
• Section 1170.45.
  The Judicial Council shall collect data on criminal cases statewide relating to the disposition of those cases according to the race and ethnicity of the...
• Section 1170.5.
  The Judicial Council shall conduct annual sentencing institutes for trial court judges pursuant to Section 68551 of the Government Code, toward the end of assisting...
• Section 1170.7.
  Robbery or attempted robbery for the purpose of obtaining any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and...
• Section 1170.71.
  The fact that a person who commits a violation of Section 288 has used obscene or harmful matter to induce, persuade, or encourage the minor...
• Section 1170.72.
  Upon conviction of a violation of Section 11353, 11353.5, 11353.7, 11354, 11361, or 11380 of the Health and Safety Code, or a finding of truth...
• Section 1170.73.
  Upon conviction of a felony violation of Section 11377, 11378, or 11378.5 of the Health and Safety Code, the court shall consider the quantity of...
• Section 1170.74.
  Upon conviction of a felony violation of Section 11377, 11378, 11379, or 11379.6 of the Health and Safety Code, for an offense involving methamphetamine, the...
• Section 1170.76.
  The fact that a defendant who commits or attempts to commit a violation of Section 243.4, 245, or 273.5 is or has been a member...
• Section 1170.78.
  Upon a conviction of a violation of Section 451, the fact that the person committed the offense in retaliation against the owner or occupant of...
• Section 1170.8.
  (a) The fact that a robbery or an assault with a deadly weapon or instrument or by means of any force likely to produce great bodily...
• Section 1170.81.
  The fact that the intended victim of an attempted life term crime was a peace officer, as described in subdivisions (a) and (b) of Section...
• Section 1170.82.
  Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code, the fact that the person who...
• Section 1170.84.
  Upon conviction of any serious felony, listed in subdivision (c) of Section 1192.7, it shall be considered a circumstance in aggravation of the crime in...
• Section 1170.85.
  (a) Upon conviction of any felony assault or battery offense, it shall be considered a circumstance in aggravation of the crime in imposing a term under...
• Section 1170.86.
  Upon conviction of a felony violation of Section 220, 261, 261.5, 264.1, or 266j the fact that the felony was committed within a safe school...
• Section 1170.89.
  Where there is an applicable triad for an enhancement related to the possession of, being armed with, use of, or furnishing or supplying a firearm,...
• Section 1170.9.
  (a) In the case of any person convicted of a criminal offense who could otherwise be sentenced to county jail or state prison and who alleges...
• Section 1170.91.
  If the court concludes that a defendant convicted of a felony offense is, or was, a member of the United States military who may be...

Last modified: October 22, 2018