Bill > H1755

This bill provides a comprehensive "second look" sentencing review mechanism for incarcerated individuals, allowing them or representatives to petition for sentence reduction under specific conditions. For individuals who were 25 or younger at the time of their offense, they can petition after serving 10 years (or 15 years for offenses involving loss of life), while those 26 or older can petition after serving 12 years (or 18 years for loss of life offenses). The petition process involves detailed requirements, including filing in the county where the sentence was originally imposed, and must include comprehensive information about the case and the petitioner. The sentencing court will consider multiple factors during review, such as the individual's rehabilitation, age at offense, brain development research, circumstances of the offense, health conditions, potential past traumas, and evidence of personal growth. The bill establishes a presumption that sentences may be reduced by at least 20% or to no more than 5 years of incarceration, unless the court finds a significant risk of violent recidivism. The legislation also ensures victim notification and rights, allows for appeals, and importantly, does not permit sentence increases. Notably, the bill applies retroactively to all individuals with prior convictions, providing a broad opportunity for potential sentence modification across different time periods.

Justice

https://malegislature.gov/Bills/194/H1755