SB 1016
Creating Second Look Sentencing Act
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
Senate Bill 1016, the Second Look Sentencing Act, allows for a review of prison sentences for individuals who have served at least 10 years on a sentence originally imposed for an offense committed before their 25th birthday. A judge can reduce the sentence if the person demonstrates a lack of danger, no significant risk of future crime, readiness for reentry, and the interests of justice warrant a modification. The bill outlines a process including court-appointed counsel, evidentiary hearings, and consideration of various factors like the defendant's age, rehabilitation, and victim impact. It also includes provisions for subsequent motions and appeals.
Key provisions
- Allows for a review of prison sentences for offenses committed before age 25 if the defendant has served at least 10 years.
- Requires the court to consider factors such as the defendant's age at the time of the offense, rehabilitation, and victim impact.
- Mandates court-appointed counsel for defendants filing a motion for sentence modification.
- Limits supervised release following sentence modification to a maximum of five years.
- Establishes a process for filing subsequent motions after an initial denial or partial grant.
- Requires the Department of Corrections and Rehabilitation to forward relevant records to the court.
- Prioritizes consideration of applications for offenses committed after age 18 for those incarcerated the longest.
- Prohibits increasing a sentence based on a motion filed under this act.
Who is affected
- Defendants with lengthy prison sentences
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