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 based on demonstrated rehabilitation, changes in law, and other compelling factors. Under this act, eligible individuals must have served at least ten (10) years of their sentence of incarceration to apply for reconsideration, with exclusions for those sentenced to life without parole or mandatory sentences.

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 testimony.

In evaluating the motion, the court will assess the defendant's eligibility, the grounds for reconsideration, the impact statement from any victims, the nature of the underlying offense, and any potential risk to public safety if the sentence were to be reduced. If the court finds, by clear and convincing evidence, that grounds exist to warrant a sentence modification, it may reduce the defendant's sentence, impose a revised term of probation or suspended sentence, and set forth its findings in support of the decision.

Should a motion be denied, the defendant may not file a successive motion for reconsideration until at least five (5) years have elapsed after the date the motion was denied. An aggrieved party seeking review of a final judgment entered in a proceeding under this chapter must file a petition for writ of certiorari in accordance with the supreme court rules of appellate procedure within sixty (60) days of the entry of the final judgment.

The act also emphasizes victims' rights, ensuring they are notified and allowed to address the court regarding the impact of the crime. The "Sentencing Reconsideration Act" will take effect upon passage and will apply retroactively and prospectively to sentences imposed before or after its effective date.

Statutes affected:
930: 8-2-17