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For questions or comments please contact Daniel Landsman - dlandsman@famm.org
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For more on FAMM's Second Chance Agenda visit https://famm.org/secondchances/
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Inclusion on this list does not indicate an official endorsement by FAMM
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Last updated: 3/9/2022
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BillBill Sponsor StateSummaryResentencing Decision BodyWho Brings the Petition or Motion?Age Restriction? Offense Restrictions?Time served before application StatusSession End
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SB 43Senator Sedillo LopezNew MexicoAllows for parole eligibility after 15 years for people 18 and under who are sentenced as adults. Parole boardN/A18 and under. Youthful and serioues youthful offenders sentenced as adults15 yearsPassed Senate 2/8/22; withdrawn from House consideration by sponsor because Governor insisted on an amendment that would so limit the bill's impact as to make it meaninglessFebruary 17
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S. 7872/A. 8894Sen. Julia Salazar/AM Latrice WalkerNew YorkAllows people who have served 10 years or half of a sentence of at least 10 years, whichever is less, to apply for a sentence reduction. Creates a rebuttable presumption of release for people 55 year of age or older at resentencing or under 25 years old at time of offense. Court - if possible, the administrative judge of relevant county rather than sentencing judge. Incarcerated individualNoneNone10 years or half of sentence at least 10 years, which ever is shorterReferred to Codes Codes Committee on January 18, 2022. June 2, 2022
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S. 257/A. 5977Sen. Zellnor Myrie/AM Latrice WalkerNew YorkCreates a prosecutor initiated second look mechanism for individuals after serving 20 years for a Class A felony and 15 years for all other felonies. CourtProsecutorNoneNone20 years for Class A felonies; 15 for all other felonies. In Codes CommitteeJune 2, 2022
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A. 4423AM Danny O'DonnellNew YorkAllows individuals to petition the court for resentencing on the ground that "such sentence is greater than necesary to achieve the purposes of sentencing."Original sentencing courtIncarcerated IndividualNoneNo offense limitation but individual cannot have received the minimum sentence allowed by law. NoneIn Codes CommitteeJune 2
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S 2779Sen. Luis SepulvedaNew YorkProvides parole eligibility after 25 years for all incarcerated individualsParole boardParole eligibilityNoneNone25 yearsJune 2
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HB 424Rep. John Faircloth, Rep. Jon Hardister, Rep. David Rogers, and Rep, Kristin BakerNorth CarolinaEliminates LWOP sentences for people under the age of 18 at the time of the offense. Provides parole eligibility for people sentences for offenses that occured before their 18th birthday after 15 years - except for first degree murder which will be parole eligible after 25 years. Parole boardParole eligibilityOffense prior to 18th birthday. First degree murder = 25 years; everything else 15 years25 years or 15 years depending on offenseReferred to Committee onFamilies, Children, and Aging Policy on March 29, 2021 June 30, 2022
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S 51Sen. Gerald MalloySouth CarolinaAllows people in prison to file a petition with the prosecutor and sentencing court for a sentence modification after the person has served 15 years for any offense, if the person "has completed a rehabilitation program, an education program, or who has exhibited exemplary conduct."CourtIndividual petitions the court, gives copy to prosecutorNoneNone15 yearsReferred to Judiciary Committee subcommittee on July 16, 2021June 15
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SB 378/HB 906Senator J. Chapman Petersen/Del. Carrie CoynerVirginiaAllows people in prison to petition court for a sentence modification after 10 years (if the person committed the offense when under age 25) or 15 years (if the person committed the offense when over age 26) if the person has been earning time credits and has had few disciplinary infractions in prison for the previous 5 consecutive years, unless the court or prosecutor waive that requirement. People may only petition for sentence modification twice and must wait to reapply for 3 years to refile after a previous denial or 5 years if a modification was previously granted.CourtIndividual petitions the courtNoneNone10 or 15 yearsSB 378 Passed Senate Judiciary Committee 2/7/22, passed in Senate 25-15 on 2/15/22, tabled in House Subcommittee #1 of Courts of Justice Committee on 2/28/22 by vote of 5-3; HB 906 assigned to Courts of Justice Committee, did not receive votesMarch 12
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HB 1344Rep. David HackneyWashingtonAllows people with extreme determinate sentences for offenses committed before their 25th birthday to petition for resentencing after 15 years, people with aggravated murder offenses can petition after 25 years. Indeterminate Review BoardIndividual petitions the indeterminate review board. Offense before 25th birthday. All determinate sentences. Aggravated murder must serve 25 years. 15 years for most offenses; 25 years for aggravated murder. In House Public Safety Committee. March 10
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SB 1331Sen. David MinCaliforniaExpands existing recall and resentencing policy to allow anyone (regardless of sentencing date) with military service and trauma related to military service to apply for recall and resentencing. Bill clarifies that there did not need to be an argument or evidence of trauma at trial for a person to be eligible. Sentencing courtindividual petitions courtNoneNoneNone listedIntroduced Feb 22, 2022
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SB 842 Sen. BensonMarylandAllows an individual to petition court for resentencing after serving the greater of: 20 years without application of diminution credits or 25 years with application of diminution credits. Individuals cannot have had applied for sentence reduction within 5 years of the present application. Court - does not specify which court. Individual brings petition NoneNone20 years w/o diminution credits or 25 years w/ diminution credits. In committee
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