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August 8, 2023

ABA resolution calls for adoption of prosecutor-initiated resentencing legislation

As reported in this article, the ABA House of Delegates on Monday passed Resolution 504, which "urges government bodies to adopt 'prosecutor-initiated resentencing' laws that permit courts to consider a prosecutor’s recommendation to recall and resentence an incarcerated person to a lesser sentence."  Here is more:

The Criminal Justice Section sponsored the resolution, which was overwhelmingly adopted.  Stephen Saltzburg, a section representative to the House of Delegates, reminded his colleagues that this measure follows another one that urges governments to authorize courts to hear petitions to allow de novo hearings that take a “second look” at the sentences of individuals who have been incarcerated for at least 10 years.  The House adopted that resolution at the 2022 ABA Annual Meeting.

“This says if prosecutors think 10 years is too long to wait, they ought to be able to come in and seek to reduce a sentence,” Saltzburg told the House. “That’s all this is about.”...

At last year’s annual meeting, the House also adopted the ABA Ten Principles on Reducing Mass Incarceration.  One of the principles is to implement second-look policies that require regular review and, if appropriate, reduce lengthy sentences.

The ABA's 15-page resolution and report on prosecutor-initiated resentencing is available at this link.

August 8, 2023 at 02:43 AM | Permalink


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