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MD SB291

MD SB291
Criminal Procedure - Petition to Reduce Sentence (Maryland Second Look Act)


summary

Introduced
01/10/2025
In Committee
01/10/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Authorizing an individual who is serving a term of confinement to petition a court to reduce the sentence or sentences under certain circumstances; and establishing procedures for a proceeding under the Act.

AI Summary

This bill, known as the Maryland Second Look Act, establishes a new legal mechanism for individuals serving long-term prison sentences to petition for sentence reduction. Under this law, an incarcerated person who has served at least 20 years can petition the court to reduce their sentence, with the limitation of filing no more than three petitions for the same sentence. When considering such a petition, the court must hold a hearing and evaluate multiple factors including the individual's age at the time of the offense, institutional behavior, participation in rehabilitation programs, personal growth, family and community background, and potential risk to public safety. If the court determines the individual is not a dangerous threat and that justice would be better served by a reduced sentence, it may modify the original sentence. Notably, the bill provides a presumption that individuals who have served 30 years or are at least 60 years old are not a danger to the public. The law applies retroactively to individuals already serving sentences and those who will be sentenced in the future, with implementation set to begin on October 1, 2025. Importantly, the court cannot increase the length of a sentence during this review process, and the right to seek sentence reduction cannot be waived.

Committee Categories

Justice

Sponsors (1)

Last Action

Senate Judicial Proceedings Hearing (13:00:00 1/30/2025 ) (on 01/30/2025)

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