Section 601-A. Return of persons erroneously sentenced for the purpose of resentence  


Latest version.
  • 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 inmate'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.