Search OpenLegislation Statutes

This entry was published on 2022-09-02
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Return of persons erroneously sentenced for the purpose of resentence
Correction (COR) CHAPTER 43, ARTICLE 22
§ 601-a. Return of persons erroneously sentenced for the purpose of
resentence. Whenever it shall appear to the satisfaction of the
department based on facts submitted on behalf of a person sentenced and
confined in a state prison, that any such person has been erroneously
sentenced, it shall be the duty of the department to communicate with
the sentencing court, the incarcerated individual's defense attorney and
the district attorney of the county in which such person was convicted.
If upon investigation, the sentencing court, the defense attorney or the
district attorney believes that the person has been so erroneously
sentenced, the sentencing court, or the district attorney acting at the
direction of the sentencing court, shall notify the department and
arrange for the person to be heard and properly resentenced. The
department thereupon shall comply with any court order to produce such
person from such prison and cause him or her to be taken before the
court in which he or she was sentenced for the purpose of resentence.
The cost and expense of the return of such person necessarily incurred
shall be a charge against the county from which he or she was committed.