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 the age of 25. Under this act, judges may reduce sentences if they determine that the defendant is not a danger to the community, presents no credible risk of reoffending, demonstrates readiness for reentry, and that the interests of justice support a modification. The bill outlines a structured process for defendants to request sentence modifications, including the appointment of counsel, evidentiary hearings, and the requirement for the court to provide written opinions on their 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 behavior while incarcerated, and any relevant reports from victims or mental health professionals. It also includes provisions for notifying victims, allows for successive motions after a denial, and ensures that the court cannot increase a sentence based on the filing of a motion. The bill emphasizes the importance of rehabilitation and the potential for reintegration into society for young offenders, reflecting a shift towards more lenient sentencing practices for this demographic.

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