MONTEREY COUNTY DISTRICT ATTORNEY’S CONVICTION REVIEW UNIT
MISSION STATEMENT
The Monterey County District Attorney’s Office (MCDA) is committed to the pursuit of truth and justice. This pursuit does not end at the time of conviction. The MCDA, through the Conviction Review Unit (CRU), is committed to fairly reviewing claims of actual innocence or convictions by materially false evidence to ensure that justice is served.
REQUIREMENTS:
- The petitioner must have been convicted in Monterey County.
- The petitioner must have been convicted of a felony.
- The petitioner’s appeals must be final and there can be no pending habeas corpus petitions.
- The petitioner must not have been convicted of a special circumstance as defined in Penal Code section 190.2. Special circumstances cannot be dismissed by law.
- The petitioner must claim actual innocence or a conviction due to materially false evidence (testimonial or physical).
- The petitioner must agree to fully cooperate with the MCDA, which includes the disclosure of all information relevant to the case.
- Petitioner must complete and submit the Conviction Review Request Form and all applicable waiver forms that appear below:
- Conviction Review Request Form
- Central Authorization Waiver
- CDCR 7385-Medical Records Release Waiver
- CDCR 7385-Psychotherapy Records Release Waiver
Please email the Conviction Review Request Form and applicable waiver forms to CRU@co.monterey.ca.us or mail the forms to the following address:
Monterey County District Attorney’s Office
c/o Conviction Review Unit
142 W. Alisal St., Suite A
Salinas, CA 93901
ADDITIONAL GUIDELINES:
- If the petitioner is represented by an attorney, all communication with the MCDA will be made through that attorney.
- The CRU will not review ineffective assistance of counsel claims, claims regarding procedural errors at trial, claims that raise factual issues which do not tend to demonstrate the conviction is erroneous, or claims of improper time credits calculations.
- Before issuing a recommendation regarding the conviction, the CRU will consult with the law enforcement agency that made the arrest and with the victim(s).
- The CRU will review petitions and if the petition has merit, the MCDA will take whatever actions are needed to achieve justice.
1172.1 Resentencing Information:
Sentencing Review:
In June of 2022 the resentencing provision of Penal Code section 1170(d)(1) was replaced by Penal Code section 1172.1, which still allows the District Attorney to recommend recall and resentencing of case and adds a presumption favoring recall and resentencing, unless the court finds that the defendant presents an unreasonable risk of danger to public safety.
The following criteria must be met for the CRU to review a particular case for a recommendation for resentencing:
- The conviction must have occurred in Monterey County.
- The conviction must be a felony.
- The petitioner must be currently incarcerated.
- The petitioner’s appeals must be final and there can be no pending habeas corpus petitions.
- The applicant must not have been convicted of a special circumstance as defined in Penal Code section 190.2. Special circumstances cannot be dismissed by law.
- The applicant must not be a registered sex offender as defined in Penal Code section 290.
- The applicant must fill out the resentencing questionnaire, the central file authorization waiver, and the medical and psychotherapy records waivers linked below:
- 1172.1 Questionnaire
- Central Authorization Waiver
- CDCR 7385-Medical Records Release Waiver
- CDCR 7385 - Psychotherapy Records Release Waiver
Please mail the above forms to CRU@monterey.ca.us or mail the forms to the following address:
Monterey County District Attorney’s Office
c/o Conviction Review Unit
142 W. Alisal St., Suite A
Salinas, CA 93901
Please be aware that the decision to recommend resentencing is purely discretionary, therefore applicants should provide as much detailed and verifiable information as possible. Please also note that if the inmate is represented by an attorney, all communication with the MCDA must be made through that attorney.