The proposed bill S.140, known as the "Second Look Act," aims to provide individuals in Vermont who have served a significant portion of their sentences the opportunity 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 would be eligible for a review. The bill also introduces provisions for compassionate 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. The Department of Corrections is required to notify incarcerated individuals of their eligibility for a second look after they have served 40% of their sentence, and the court will consider various factors, including rehabilitation efforts and medical conditions, when deciding on petitions.

Additionally, the bill establishes a new subchapter for compassionate release, allowing individuals to petition the Superior Court based on specific criteria. The court must notify the Attorney General and the State's Attorney upon receiving a petition, and it may grant a hearing. If approved, the court can reduce the term of imprisonment or impose probation or supervised release, but cannot extend the original sentence. The bill also amends existing laws related to parole eligibility, changing terminology from "inmate" to "offender" and clarifying guidelines for parole consideration based on age, health conditions, 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