APPLICATION TO REQUEST REVIEW BY THE SENTENCE REVIEW UNIT EXTREMELY PUNITIVE OR EXCESSIVE SENTENCING

Instructions

Please read the "Eligibility" and "Notifications" sections below. Before you submit this application, please try to complete all the information requested. If you are sending an application by mail, please write legibly in ink so that it is easy to read. If the space provided is not enough, please place your answers on a separate page and attach it to this application.

Eligibility
  • The convicted person must have been prosecuted by the Gwinnett County District Attorney's office and conviction obtained in a court 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.

Notifications

This application does not convey legal advice or legal rights.

If the SRU engages in a review of the sentence it is likely the SRU may request additional information from the Applicant. It also is possible that the SRU will request information from others identified as having relevant information, including attorneys.

Any person who completes and submits this application should recognize that you have the right NOT to provide information to an agency of government about a criminal matter. By submitting this application, you agree that any information you provide in this form is given freely and that no promise has been conveyed to you.

The SRU may request that you authorize the attorney(s) who represented you in the criminal case to discuss your case with us. The SRU cannot require that your lawyer speak about your case without your permission. The SRU may consider your case even if you decline to provide all the information requested, or if you decline to authorize an interview of your attorney. The SRU reserves the right, however, to consider such refusals when reaching its decisions and recommendations.

DUE TO THE HIGH VOLUME OF REQUESTS, IT WILL TAKE TIME TO REVIEW YOUR SUBMISSION. WE ASK FOR YOUR PATIENCE UNTIL YOU HEAR BACK FROM US.

Check each statement below to show your understanding and agreement with the following:

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