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 of incarceration.

The court may consider various factors when evaluating a motion for reconsideration, including rehabilitative efforts, changes in law, sentencing disparities, and compassionate considerations. The process for filing a motion for sentence reconsideration 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. The court will assess the defendant's 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 that victims are notified and given the opportunity to address the court regarding the impact of the crime. The act will take effect upon passage and will have both retroactive and prospective application, allowing for consideration of applicable sentences imposed before or after its effective date.

Statutes affected:
930: 8-2-17