HB 5156
Second Look Sentencing Act
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill, the Second Look Sentencing Act, aims to allow judges to review and potentially modify the sentences of incarcerated individuals who have served at least 10 years. The court will consider factors such as the defendant’s risk to public safety, readiness for reentry, age, and rehabilitation. Individuals granted a sentence modification will remain under supervised release for a maximum of five years. Defendants over 50 years old have the right to reapply for sentence modification after specific periods.
Key provisions
- Judges may consider modifying prison sentences for individuals who have served at least 10 years.
- The court must find the defendant poses no danger to the public or credible risk of criminal conduct.
- Defendants 50 years or older have a presumption of release upon application.
- Individuals granted a sentence modification will be subject to supervised release for up to five years.
- Defendants can reapply for sentence modification after a five-year wait following a denial.
- A third application is possible two years after a second denial.
- A final application is available when the defendant is 50 or older and has exhausted the process.
- The court will consider numerous factors, including age, rehabilitation, and the impact on families.
Who is affected
- Incarcerated individuals
- Judges
- Correctional officials
- Victims and families of victims
- Prosecutors
Notable changes
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