Bill > SB239

This bill establishes the Second Look Sentencing Act, which allows judges to reduce prison sentences for individuals who committed an offense before age 25 and have served at least 10 years of their sentence. The bill permits sentence modification if the court finds that the defendant is not a danger to the community, presents no credible risk of criminal conduct, demonstrates readiness for reentry, and if the interests of justice warrant such a modification. Judges must consider various factors in their decision, including the defendant's age at the time of the offense, institutional behavior, rehabilitation efforts, family and community circumstances, personal history, and the reduced culpability associated with youth. The bill requires an evidentiary hearing where the defendant can present evidence, mandates that the court provide a written explanation for its decision, and ensures that victims or their families are notified and can provide input. Defendants can be released with up to five years of supervised release, and the bill explicitly prevents judges from increasing sentences during this review process. The law allows for a second motion to be filed no sooner than three years after the initial ruling, and both the defendant and prosecutor can appeal the court's decision to the state Supreme Court of Appeals.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=239&year=2025&sessiontype=RS&btype=bill