The proposed bill introduces the "Sentencing Reconsideration Act" as a new chapter in Title 12 of the General Laws, aimed at establishing a fair process for individuals to request sentence reductions after demonstrating rehabilitation or in light of changes in law. Under this act, eligible defendants must have served at least ten years of their sentence, with exclusions for those sentenced to life without parole or mandatory sentences. The bill outlines specific grounds for reconsideration, including rehabilitative efforts, changes in law, sentencing disparities, and compassionate considerations.
Additionally, the bill details the process for filing a motion for sentence reconsideration, which includes a meaningful hearing where evidence and testimonies can be presented. The court is tasked with evaluating the motion based on eligibility and the grounds for reconsideration, and it may reduce the sentence if clear and convincing evidence supports such a decision. The act also emphasizes the rights of victims during the reconsideration process and includes provisions for severability. The bill will take effect upon passage and will apply retroactively and prospectively to sentences imposed before or after its effective date.
Statutes affected: 5362: 8-2-17