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NC H589

NC H589
The Second Look Act


summary

Introduced
03/31/2025
In Committee
04/01/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT TO IMPLEMENT CRIMINAL SENTENCE REDUCTION REFORM. Whereas, there are nearly two million people in American prisons and jails, a five hundred percent (500%) increase over the past fifty years; and Whereas, research has repeatedly shown that lengthy prison sentences do not significantly deter crime and instead divert resources away from essential public safety services (The Sentencing Project); and Whereas, North Carolina's correction spending—including prisons as well as probation and parole—has nearly quadrupled over the past two decades, making it the fastest-growing budget item after Medicaid; and Whereas, North Carolina's prisons are chronically understaffed, with thirty-nine percent (39%) of positions vacant as of April 2024; and Whereas, one-third of the prison population is over the age of 55, and decades of data shows a steep decline in crime at about age 35; and Whereas, incapacitation is a costly way to deter future crimes by aging individuals who already are less likely to commit those crimes by virtue of age and cost eight percent (8%) more to incarcerate than their younger counterparts; Now, therefore,

AI Summary

This bill, known as the Second Look Act, introduces a comprehensive sentencing modification process for individuals serving prison terms in North Carolina, allowing certain prisoners to petition for sentence reduction after serving a substantial portion of their sentence. Specifically, prisoners who have served either 10 years or 50% of their sentence (for sentences of 10 years or less) can file a motion for sentence modification, provided they can demonstrate they are not a danger to the community. The court must consider an extensive list of 12 factors when evaluating such motions, including the defendant's age at the time of the offense, institutional behavior, rehabilitation efforts, family and community circumstances, and the defendant's role in the original crime. Notably, the bill places special emphasis on recognizing the diminished culpability of younger offenders and the potential for personal growth and rehabilitation. The legislation explicitly excludes those sentenced to life imprisonment and requires a hearing for all motions, with potential resentencing if the motion is granted. The act is set to become effective on December 1, 2025, and will apply to motions filed on or after that date, representing a significant reform in North Carolina's approach to criminal sentencing by providing a mechanism for reassessing long-term prison sentences.

Committee Categories

Government Affairs

Sponsors (19)

Last Action

Ref To Com On Rules, Calendar, and Operations of the House (on 04/01/2025)

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