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, 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 any relevant witnesses can present evidence and arguments. The court may reduce a sentence if it finds, by clear and convincing evidence, that grounds exist to warrant a sentence modification.

Victims of the crime will have rights to be notified and to address the court regarding the impact of the crime. The 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