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MD SB39

MD SB39
Criminal Procedure - Petition to Modify or Reduce Sentence (Maryland Second Look Act)


summary

Introduced
01/08/2025
In Committee
01/08/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 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 introduces the Maryland Second Look Act, which allows individuals serving prison sentences to petition the court to modify or reduce their sentence under specific conditions. Specifically, a person must have served either 20 years without diminution credits or 25 years with diminution credits, and at least 5 years must have passed since any previous petition. For individuals sentenced as minors, the court must modify the sentence to potentially release the person within 3 years if they find the person has matured and rehabilitated. For those sentenced as adults, the court may modify the sentence if retention is not necessary for public protection. The bill requires a court hearing where the reasons for the decision must be stated on the record, and victims must be notified and given an opportunity to provide input. The State's Attorney must notify victims about the petition and potential hearing, and the petitioner is entitled to legal representation, including public defender services if they are indigent. Importantly, the court cannot increase the sentence and must provide an opportunity for the State's Attorney and victims to object. Either the petitioner or the state can apply for an appeal within 30 days of the court's order, and the act is set to take effect on October 1, 2025.

Committee Categories

Justice

Sponsors (1)

Last Action

Withdrawn by Sponsor (on 01/27/2025)

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