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MD SB145
MD SB145Criminal Procedure – Petition to Modify or Reduce Sentence (Maryland Second Look Act)
summary
Introduced
01/10/2024
01/10/2024
In Committee
01/10/2024
01/10/2024
Crossed Over
Passed
Dead
04/08/2024
04/08/2024
Introduced Session
2024 Regular Session
Bill Summary
Authorizing an individual serving a term of confinement to petition a court to modify or reduce the sentence under certain circumstances; providing that a certain petitioner is entitled to assistance of counsel and, if indigent, representation by the Office of the Public Defender; and authorizing a certain person to apply to the Appellate Court of Maryland for leave to appeal a certain order in a certain manner and within a certain period of time after the court passes a certain order in accordance with the provisions of the Act.
AI Summary
This bill, known as the Maryland Second Look Act, allows individuals serving a term of confinement to petition the court to modify or reduce their sentence under certain circumstances. The key provisions include:
1. Eligibility: A petitioner must have served at least 20 years of their term without diminution credits or the equivalent of 25 years with diminution credits, and at least 5 years must have passed since their last petition was decided.
2. Hearing: The court must hold a hearing on the petition, except if the petitioner is ineligible. The hearing and decision must be on the record and in open court, with the court stating its reasons.
3. Victim Notification: The state's attorney must notify victims and their representatives of the petition filing, hearing, and their opportunity to attend and testify.
4. Representation: Eligible petitioners are entitled to the assistance of counsel and, if indigent, representation by the Office of the Public Defender.
5. Sentence Modification: For petitioners sentenced as minors, the court must modify the sentence to result in the petitioner's release within 3 years if they have matured and rehabilitated. For adult petitioners, the court may modify the sentence if it finds the original sentence is no longer necessary for public protection.
The bill also allows the petitioner or the state to apply for leave to appeal the court's order within 30 days.
Committee Categories
Justice
Sponsors (1)
Last Action
Withdrawn by Sponsor (on 02/05/2024)
bill text
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0145?ys=2024RS |
| Vote Image | https://mgaleg.maryland.gov/2024RS/votes_comm/sb0145_jpr.pdf |
| BillText | https://mgaleg.maryland.gov/2024RS/bills/sb/sb0145f.pdf |
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