From R Street:
Second look laws allow courts to revisit and potentially modify sentences of eligible individuals after they have served a significant portion of their term. Depending on the specific law, this review can either be triggered automatically or initiated by the court, the prosecutor, or the defendant, often with limits on when or for whom it can be used.
These laws followed the “tough-on-crime” era of the 1980s and 1990s, which resulted in lengthy sentences and an aging prison population. Momentum grew after the U.S. Supreme Court ruled juvenile life-without-parole sentences for non-homicide offenses unconstitutional. Overcrowded prisons and rising incarceration costs, research showing that individuals often age out of crime, and growing doubts about the deterrent effect of severe sentences have fueled bipartisan interest.
At least 11 states and the District of Columbia allow court-initiated resentencing, and five states have enacted prosecutor-led second look laws. Existing laws require individuals to have already served a significant portion of their sentence in order to receive consideration. Similar bills with comparable eligibility have been introduced (but not yet passed) in many other state legislatures and at the federal level. Continue reading >>>
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