The proposed bill S.140, known as the "Second Look Act," aims to provide a mechanism for individuals who have served a significant portion of their sentences to petition for a reduction in their incarceration. Specifically, those who have served at least 10 years or half of a sentence of five years or more can seek a review. The bill also introduces provisions for early release for offenders who are terminally ill, have debilitating medical conditions, or are over 65 years of age and pose no danger to the public. Key provisions include a formal petition process, notification requirements from the Department of Corrections regarding eligibility, and stipulations for timely hearings based on individual circumstances. The court will consider various factors, such as rehabilitation efforts and health status, when reviewing petitions.
Additionally, the bill establishes a new subchapter for compassionate release, allowing incarcerated individuals to petition the Superior Court based on specific criteria like terminal illness or age-related health issues. The court must notify the Attorney General and State's Attorney upon receiving a petition and may grant a hearing. If approved, the court can reduce the term of imprisonment or impose probation but cannot extend the original sentence. The bill also amends existing laws regarding parole eligibility, changing terminology from "inmate" to "offender" and clarifying guidelines for parole consideration based on age, health, and prior disciplinary records. It ensures that the new provisions apply retroactively to sentences imposed before its effective date of July 1, 2025.
Statutes affected: As Introduced: 28-501