The proposed bill S.140, known as the "Second Look Act," aims to reform sentencing practices in Vermont by allowing individuals who have served a minimum of 10 years or at least half of a sentence of five years or more to petition for a sentence reduction. Additionally, it introduces a judicial process for the early release of offenders who are terminally ill, have debilitating medical conditions, or are over 65 years old with serious medical needs, provided they do not pose a danger to the public. The bill establishes specific eligibility criteria and allows otherwise ineligible individuals to petition if the prosecutor consents. Key provisions include a formal petition process, requirements for the Department of Corrections to inform incarcerated individuals of their eligibility, and guidelines for timely hearings.
Furthermore, the bill introduces a new subchapter on compassionate release, enabling incarcerated individuals to petition the Superior Court based on specific health-related criteria. The court must notify the Attorney General and the State's Attorney upon receiving a petition, and if approved, it can reduce the term of imprisonment or impose probation or supervised release, without exceeding the original sentence. The bill also amends existing laws regarding parole eligibility, changing the term "inmate" to "offender" and clarifying guidelines for parole consideration based on age, health, and behavior. It ensures that existing remedies for incarcerated individuals remain intact and clarifies that the provisions apply to sentences imposed before its effective date of July 1, 2025.
Statutes affected: As Introduced: 28-501