Sentence Review Unit
Sentence Review Unit
For information in Spanish click here. Para información en español haga clic aquí.
The United States leads the world in incarceration at a rate that is more than five times higher than in other industrialized countries. The United States also faces racial disparity that has caused communities of color to be disproportionately affected by overly harsh sentences. It is profoundly against justice and fairness to condone excessive sentencing of convicted people who have demonstrated substantial rehabilitation, and whose continued incarceration no longer promotes public safety or the interest of justice. Additionally, rehabilitation is lost and the incentive to change and grow is diminished with excessive sentencing.
A 2020 Data for Progress survey on the “second look” movement for prison reform, showed overwhelming popular support across political party and ideological lines, because sentencing in the United States is extreme by international standards, long sentences are racially discriminatory and costly, older people are unlikely to commit future crimes, and older sentences are unfairly out of step with current policies and practices. At least, 70 percent of those surveyed found each of these factors to be “extremely,” “very,” or “moderately” important.
District Attorney Patsy Austin-Gatson is a strong advocate for justice and fairness. To that effect, she created an independent, flexible, and transparent Sentence Review Unit (“SRU”) to review select extremely punitive and excessive sentencing. The SRU will conduct an extrajudicial, fact-based review of claims of extremely punitive or excessive sentencing. A claim of excessive sentencing must be supported by empirical data or some other information or evidence that tends to prove said claim. If said claim is substantiated remedies such as sentence reductions, or clemency or parole may be determined.
The SRU will only accept cases for review for extremely punitive or excessive sentencing where the following apply:
- The convicted person must have been convicted of a felony in the Gwinnett Judicial Circuit.
- The convicted person must present a plausible claim of extremely punitive and excessive sentencing that is either of the following case types:
- Drug offense conviction(s) and sentenced to 20 years in prison or more (and not convicted with any other non-drug related offense(s)); or
- Non-murder felony conviction(s) and sentenced to life in prison or more
- The direct appeal has become final, the final order has been issued, and there is no pending litigation.
Established in March 2021, the SRU is led by Senior Assistant District Attorneys Brenda Lopez Romero and Herbert Adams. They report directly to District Attorney Patsy Austin-Gatson.
Please keep in mind the following. The SRU does not review affirmative defenses that was previously litigated before the original finder of fact (jury or judge). For example, we will not review cases of self-defense, consent, or lack of intent.
Only a court can set aside a sentence. The SRU may recommend remedies and actions to the D.A., who makes all prosecutorial determinations. Thereafter, the courts may be needed for all final dispositions or outcomes.
The following overview is a general description, but each application depends on the totality of circumstances of the case, and the SRU may use a different approach based on the specific facts of each case.
Who can apply for SRU review?
- The convicted person,
- The convicted person’s attorney, or
- Any person authorized by the convicted person can file an application.
Case Review Eligibility
- The convicted person must have been convicted of a felony in the Gwinnett Judicial Circuit.
- The convicted person must present a plausible claim of extremely punitive or excessive sentencing that is either of the following case types:
- Drug offense conviction (s) and sentenced to 20 years in prison or more (and not convicted with any other non-drug related offense(s)); or
- Non-murder felony conviction(s) and sentenced to life in prison or more.
- The direct appeal has become final, the final order has been issued, and there is no pending litigation.
Priority Category Cases to Review:
- Disproportionate sentences: Cases where the individual’s current sentence is no longer (or was never) proportionate to public safety or the interests of justice, with priority given to people currently incarcerated who are either over 50 years old or were sentenced for crimes committed when they were under 25 years old.
However, when evidence shows that the convicted person would still pose an unreasonable risk to public safety if released the SRU will decline further review. For example, repeated acts of violence while incarcerated within the last ten years; or a lengthy history of non-technical violations, with a focus on the person’s record during the most recent five years.
The SRU will consider a sentence resulting from a plea of guilty.
The SRU does not review a sentence imposed against a person who is now deceased.
The SRU does not review sentences obtained in any other State, in any federal proceeding, or a Georgia county other than Gwinnett County.
The SRU does not review sentences that assert that newly discovered evidence supports only an affirmative defense, such as consent, self-defense, or lack of intent.
The SRU may also, in its discretion, investigate other claims of extremely punitive or excessive sentencing in extraordinary circumstances.
Overview of the Process
IMPORTANT REMINDER: A submission to the SRU does not extend any appellate timelines and does not toll the statute of limitations for seeking federal habeas relief or any other relief. ***
It is preferred that the Applicant submit the completed application online to request review of the case.
Make sure to include the name of the convicted person, the case number, your contact information including a mailing address, cellular number, and E-mail, and specific information explaining why your case is one of extremely punitive or excessive sentencing.
The SRU will not consider claims presented through telephone calls.
The Applicant may also apply by mail (it is strongly encouraged that the Applicant sends the application by certified mail) to:
Gwinnett County District Attorney’s Office
Sentence Review Unit
75 Langley Drive
Lawrenceville, Georgia 30046
Or email DASRU@GwinnettCounty.com
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Complete la solicitud en línea, haga clic aquí .
Y envíela por correo electrónico a DASRU@gwinnettcounty.com.
O por correo certificado a
Gwinnett County District Attorney’s Office
Sentence Review Unit
75 Langley Drive
Lawrenceville, Georgia 30046
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All received applications go through an initial screening process. The SRU first reviews the application to confirm the convicted person's eligibility for consideration. The SRU also reviews the procedural history of the case to find out whether the evidence on which the claim of extremely punitive or excessive sentencing is based has already been considered by the court which imposed the sentence.
If the SRU makes a preliminary decision to re-open an investigation into the case, your request will be placed in our queue in the order it was received. If the SRU finds the convicted person is eligible, then it will investigate the newly available evidence and the history of the case. The SRU operates on the expectation that the convicted person has produced (or will voluntarily make available) all the evidence, documents and information relevant to the claim of extremely punitive or excessive sentencing that are in the possession or under the control of the convicted person.
Once the SRU makes a preliminary determination to re-open a case, we work to obtain as much information in each case as possible – which may include attempting to locate the District Attorney’s file, the investigative agency’s file, and any information from the forensic laboratory, if applicable. Sometimes, obtaining information in the case may be faster or slower depending on many factors, such as the age of the case, the original investigating agency, and the charge. Please be patient and wait until you hear from us.
Finally, the SRU will submit recommendations to the District Attorney for consideration. There is no timeline for the D.A.’s final decision. Once the decision is made, the convicted person will be notified in writing or by email. If the convicted person receives a favorable decision, future court proceedings will likely be necessary. That is because regardless of the D.A.’s determination, the final decision regarding changes to any conviction or sentence modifications will be made ultimately by a court of law.
For more information please review these Frequently Asked Questions.
