House Bill 2893 aims to introduce the Second Look Sentencing Act into West Virginia law, 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. The bill outlines specific criteria under which judges may reduce sentences, including the defendant's lack of danger to the community, absence of credible risk for future criminal conduct, and demonstrated readiness for reentry into society. Additionally, the bill mandates that individuals granted sentence modifications may remain under supervised release for up to five years, and it requires courts to provide written opinions detailing the reasons for their decisions.

The proposed legislation also establishes a procedural framework for defendants seeking sentence modifications, including the appointment of counsel, the scheduling of evidentiary hearings, and the consideration of various factors such as the defendant's age at the time of the offense, their compliance with institutional rules, and any relevant victim statements. The bill ensures that the court cannot increase a sentence based on the filing of a motion for modification and allows both the defendant and the prosecuting attorney to appeal adverse rulings. Furthermore, it requires the West Virginia Department of Corrections and Rehabilitation to provide the court with comprehensive records regarding the defendant upon the filing of a motion.

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