House Bill 2893 aims to introduce the Second Look Sentencing Act in 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. The bill outlines specific criteria under which judges may reduce sentences, including the defendant's lack of danger to the community, readiness for reentry, and the interests of justice. Additionally, it mandates that individuals granted sentence modifications may remain under supervised release for up to five years and requires courts to document their reasons for granting or denying such modifications.

The bill 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, compliance with institutional rules, and any relevant victim statements. Furthermore, it ensures that the court cannot increase a sentence based on the filing of a motion and allows both the defendant and the prosecuting attorney to appeal adverse rulings. The bill emphasizes the importance of evaluating the circumstances surrounding the offense and the defendant's rehabilitation efforts, aiming to provide a more just and rehabilitative approach to sentencing.

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