The proposed bill introduces the "Sentencing Reconsideration Act" as a new chapter in Title 12 of the General Laws, aimed at creating a fair and just process for individuals to request sentence reductions after demonstrating rehabilitation, changes in law, and other compelling factors. Under this act, defendants must have served at least ten (10) years of their sentence to be eligible for reconsideration, with exclusions for those sentenced to life without parole or mandatory sentences of incarceration.

The court will evaluate motions for reconsideration based on several factors, including rehabilitative efforts, changes in law, sentencing disparities, and compassionate considerations. The bill outlines the process for filing a motion for sentence reconsideration, which includes submitting supporting documentation and holding a meaningful hearing where the defendant, their legal counsel, the prosecution, and relevant witnesses can present evidence and arguments. The court will assess eligibility and the grounds for reconsideration, and if a motion is granted, the court may reduce the sentence based on clear and convincing evidence.

Victims' rights are emphasized in the act, ensuring they are notified and allowed to address the court regarding the impact of the crime. The act will take effect upon passage and will apply retroactively and prospectively to applicable sentences imposed before or after its effective date.

Statutes affected:
5362: 8-2-17