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MD SB141

MD SB141
Criminal Procedure - Incarcerated Seniors - Motion to Reduce the Duration of a Sentence


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 who is at least 60 years old and has been imprisoned for at least 20 years to file a motion to reduce the duration of the individual's sentence; requiring the court to conduct a hearing on a motion to reduce the duration of a sentence, unless the court has held a hearing on a similar motion in the preceding 5 years; and requiring a court to consider enumerated factors in determining whether to grant a motion to reduce the duration of a sentence and to issue its decision in writing or on the record in open court.

AI Summary

This bill creates a legal mechanism for incarcerated seniors to potentially reduce their prison sentences by establishing a motion process for individuals who are at least 60 years old and have been imprisoned for 20 or more years. Under this legislation, eligible individuals can file a motion with the court to reduce their current and consecutive sentences. The court is required to conduct a hearing where both the individual and the state can present evidence, and the victim or their representative must be notified. When considering whether to reduce a sentence, the court must evaluate multiple factors, including the individual's age, offense nature, institutional behavior, rehabilitation efforts, potential for recidivism, family and community circumstances, and overall fitness to reenter society. The court must determine that the individual is not a public danger and that justice would be better served by a reduced sentence. If a hearing is held, the court must issue a written decision that addresses the specific factors considered, and the decision must note any factors that were not applicable or not supported by evidence. The bill is set to take effect on October 1, 2025, providing a new avenue for sentence modification for elderly, long-term prisoners.

Committee Categories

Justice

Sponsors (1)

Last Action

Withdrawn by Sponsor (on 01/27/2025)

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