Bill > HB2176

This bill creates a process for automatic sentence modification for individuals convicted of certain marijuana-related felony offenses committed before July 1, 2021, who are still incarcerated or on community supervision as of July 1, 2025. The bill requires circuit courts to schedule hearings by either January 1, 2026 (for single marijuana offense cases) or April 1, 2026 (for cases involving marijuana offenses with other non-violent convictions). During these hearings, courts must consider the current legal status of marijuana and are expected to reduce, vacate, or modify sentences unless the Commonwealth can demonstrate that such modification would not be in the public interest. Individuals may request court-appointed counsel, and those previously found indigent will automatically receive legal representation. The court must provide a written explanation if it denies sentence modification, and the decision must be made within 30 days of the hearing. Importantly, the bill includes a sunset provision, meaning these provisions will expire on July 1, 2028. Correctional facilities and supervision agencies are required to identify eligible individuals and notify them of their potential for sentence modification, ensuring a comprehensive approach to reviewing marijuana-related convictions.