Three Strikes Justice Center, Non-Profit Organization | Legal Services for Prop 36 Cases

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To be eligible for resentencing under Proposition 36, an inmate must be serving an indeterminate life term under the Three Strikes Law.  Second-strikers are ineligible for resentencing. 

Although some “third strikers” may petition for resentencing, not all will be eligible because there are several exceptions, some based on the current offense, and some based on the prior strikes.

The exceptions that apply to inmates who wish to petition for resentencing are the very same exceptions to the general rule that “third strike” life-terms will only apply in cases in which the current offense is a serious or violent felony.

 

 

To be eligible for resentencing, the inmate’s current offense must not have been a serious or violent felony.

The current offense also cannot fall into one of these crime categories that still would require a “third strike” sentence: 

 

Regardless of whether the current offense is non-serious and non-violent, and inmate will still be ineligible for resentencing if one of his or her prior strikes falls within any of the following exclusion categories: 

 

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