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December 10, 2020
NACDL releases model "Second Look" sentencing legislation providing for resentencing after a decade in prison
As noted in this press release, today "NACDL released its model 'Second Look' sentencing legislation and accompanying report – Second Look = Second Chance: The NACDL Model “Second Look” Legislation. The NACDL model legislation provides a vehicle that legislatures can use to safely reduce the number of individuals serving excessive, counter-productive sentences: guaranteeing all incarcerated individuals a 'Second Look' once they have spent at least a decade in prison." Here are links to the model legislation and report:
- NACDL’s Model “Second Look” Legislation
- NACDL’s Report Accompanying Its Model “Second Look” Legislation – Second Look = Second Chance: The NACDL Model “Second Look” Legislation
Here is the key operative provision of the model legislation:
Notwithstanding any other provision of law, including any applicable mandatory minimum sentence, an incarcerated individual who has served at least ten years of their sentence may petition their sentencing judge for a reduction of their sentence.
And here are a few paragraphs from the 14-page report:
This report advocates a simple yet powerful step states can take to safely reduce the number of individuals locked into counter-productive, decades-long sentences: guaranteeing that every inmate will get a “Second Look” once they have spent at least a decade in prison. This proposal would allow long-term incarcerated individuals, assisted by counsel, to petition courts for a sentence reduction after ten years in prison, and periodically thereafter if warranted. As this report explains, the procedure created by NACDL’s proposed legislation is flexible, allowing judges to consider a wide range of up-to-date information in assessing whether a lengthy sentence can appropriately be reduced. It gives victims a voice to whatever extent they want one, without burdening them. It includes appellate review to ensure fairness and consistency. And it includes mechanisms for channeling the resulting savings back into programs that will help make the program sustainable — and help the individuals who receive a second chance to succeed and become productive members of society, to the benefit of all.
“Second Look” is an idea whose moment has arrived. By enacting comprehensive legislation like that proposed here, state governments can position themselves as leaders in correcting the worst and most counterproductive excesses of the mass incarceration era, delivering savings to state budgets, and a second chance to individuals and communities who have been left behind for too long.
December 10, 2020 at 06:26 PM | Permalink