The proposed bill, known as the "Second Look Act," allows certain inmates in the custody of the secretary of corrections to petition for a resentencing hearing after a specified period has elapsed since their original sentencing. Inmates eligible to file a verified petition include those who were under 25 years old at the time of their offense after 10 years, those aged 25 to 49 after 15 years, those 50 years or older after 10 years, veterans whose status was not considered at sentencing after 10 years, and inmates who have completed required rehabilitative programming after 10 years. Additionally, inmates can petition on the effective date of a legislative change that would have reduced their sentence if made retroactive.
The petition must be filed in the district court where the conviction occurred and must include specific details such as the inmate's name, conviction, and original case number. Upon filing, the court will schedule a hearing and notify the relevant county or district attorney, who must inform any known victims or their families. If the court finds good cause for resentencing, it may impose a new sentence that reduces the total length, modifies postrelease supervision, or discharges the inmate from the remainder of their sentence, excluding any mandatory minimum terms. If a petition is denied, the inmate must wait five years before filing another, unless the court allows a shorter period.