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 poses no danger to the community, shows no credible risk of reoffending, demonstrates readiness for reentry, and if 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 courts to provide written opinions on their decisions.

Additionally, the bill mandates that courts consider various factors when deciding on 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 mental health professionals. It also stipulates that victims or their families must be notified of any motions for sentence reduction, and it allows for appeals by both the defendant and the prosecuting attorney. The bill ensures that no sentence can be increased as a result of a motion filed under this act and provides for the collection of relevant records from the Department of Corrections and Rehabilitation to assist in the decision-making process.

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