Gov. Newsom Signs SB 567, Correcting 14 years of Unjust Criminal Sentencing Procedures

Gov. Gavin Newsom Oct. 8, signed SB 567 into law to modify the criminal sentencing process. SB 567 creates a presumption of sentencing judgement of imprisonments and enhancements not to exceed the middle terms, unless there are circumstances in aggravation of a crime that justify the imposition of the upper term. The bill requires that when an upper term is imposed, the facts underlying the circumstances must be submitted to the jury and proved beyond a reasonable doubt. SB 567 is part of this year’s criminal justice reform efforts brought forth by Senator Steven Bradford (D-Gardena).

Before 2007, the law required that judges impose a middle term in sentencing unless there are circumstances in aggravation or mitigation of a crime that warrants a lower or upper term. The law allowed a judge to determine what the aggravating and mitigating circumstances are after consideration of various items such as the trial record, the probation officers’ report, statements in aggravation or mitigation submitted by the parties, the victim, or the victim’s family.

In 2007, the Supreme Court of the United States held in Cunningham v. California held that California’s determinate sentencing law was unconstitutional. The court ruled that California law impermissibly allowed judges to impose an upper/maximum term based upon aggravating facts that were never presented to a jury and deemed to be true beyond a reasonable doubt, thus violating the 6th Amendment to the United States Constitution right to a trial by jury. 

As part of an urgency measure that year, the Legislature adopted a temporary law (SB 40) allowing judges to impose any of the three sentencing terms so long as they state a reason for any of the sentencing terms. This has led judges to apply the maximum sentence without granting defendants the opportunity to have a jury review and determine the truthfulness of alleged aggravating facts.

SB 40 was only supposed to be in effect only until January 1, 2009, until a review of the criminal sentencing process could be had, and a more permanent solution could be achieved. Until now, no permanent solution has been achieved, and a law meant to be a temporary solution in reaction to Cunningham was extended multiple times, with the current law designated to sunset after December 31, 2021.

SB 567 will take effect on January 1, 2022.