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Bill > H5362


RI H5362

RI H5362
RELATED TO CRIMINAL PROCEDURE -- SENTENCING RECONSIDERATION ACT


summary

Introduced
02/07/2025
In Committee
02/07/2025
Crossed Over
Passed
Dead
06/20/2025

Introduced Session

2025 Regular Session

Bill Summary

This act would allow eligible individuals serving lengthy sentences of imprisonment to seek a sentence reduction from the superior court, no sooner than ten (10) years from the date of imprisonment, based on several factors to include, but not be limited to, rehabilitation and changes in the law. Those individuals serving life without parole or minimum mandatory sentences pursuant to law, shall not be eligible for such relief. This act would take effect upon passage and would have both retroactive and prospective application. Any applicable sentences imposed before or after its effective date would be eligible for consideration by the court.

AI Summary

This bill establishes the Sentencing Reconsideration Act, which allows eligible prisoners to seek sentence reductions in the superior court after serving at least ten years of their sentence. To be considered, applicants must demonstrate significant rehabilitation, such as educational achievements, participation in treatment programs, and personal growth, as well as potential changes in law or sentencing disparities that might justify a reduced sentence. The bill specifically excludes individuals serving life without parole or mandatory sentences from seeking relief. During the reconsideration hearing, the court will evaluate factors including the nature of the original offense, potential public safety risks, and victim impact statements. If the court finds clear and convincing evidence supporting sentence modification, it may reduce the sentence, impose probation, or modify release conditions, though the revised sentence cannot exceed the original unserved portion. Victims will have the right to be notified and provide statements during the proceedings. The bill applies retroactively and prospectively, meaning sentences imposed before or after its enactment can be considered for modification. Importantly, if a motion is denied, the defendant must wait at least five years before filing another reconsideration request.

Committee Categories

Justice

Sponsors (10)

Last Action

Committee recommended measure be held for further study (on 04/03/2025)

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