The proposed bill aims to introduce the Second Look Sentencing Act into the Code of West Virginia, allowing for the modification of prison sentences for individuals who have served at least 10 years of their sentence for offenses committed before their 25th birthday. Under this new section, judges may reduce sentences if they determine that the defendant poses no danger to the community, shows no credible risk of reoffending, demonstrates readiness for reentry, and that the interests of justice support a sentence modification. The bill outlines a structured process for this modification, including the appointment of counsel for the defendant, evidentiary hearings, and the requirement for the court to provide written opinions on its decisions.

Additionally, the bill mandates that the court consider various factors when determining sentence modifications, such as the defendant's age at the time of the offense, their compliance with institutional rules, and any relevant reports from victims or health professionals. It also ensures that victims are notified and given the opportunity to be heard regarding any motions for sentence reduction. The court is prohibited from increasing a sentence based on the filing of a motion under this section, and both the defendant and the prosecuting attorney have the right to appeal any adverse rulings. The bill emphasizes a rehabilitative approach, recognizing the potential for change in young offenders and allowing for a more just evaluation of their sentences.

Statutes affected:
Introduced Version: 62-11A-1b