The proposed bill introduces the Second Look Sentencing Act, which establishes a procedure for modifying prison sentences for individuals who have served at least 10 years of their sentence. Under this new section, designated as 62-11A-1b, judges are granted the authority to consider and modify sentences exceeding 10 years if certain conditions are met. These conditions include the defendant not being a danger to the community, presenting no credible risk of criminal conduct, demonstrating readiness for reentry, and the interests of justice warranting a modification. Additionally, individuals who receive a sentence modification will be under supervised release for a maximum of five years, and the court is required to provide reasons for its decision.

The bill also outlines a reapplication process for individuals denied a sentence modification, allowing for subsequent applications after specified time periods. Factors that the court may consider when determining sentence modifications include the nature of the offense, the defendant's age at the time of the offense and petition, recommendations from the Commissioner of Corrections and the prosecuting attorney, and evidence of rehabilitation. Furthermore, both the state and the defendant have the right to appeal the court's final order regarding sentence modifications.

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