APRIL 2025 UPDATE: An amended version of the Maryland Second Look Act (HB853) has passed and is waiting for the Governor's signature. If the Governor signs the bill or allows it to become law, it will go into effect October 1, 2025.
What does the Maryland Second Look Act do?
The Maryland Second Look Act (HB853), sponsored by Senator Charles Sydnor and Delegate Cheryl Pasteur, creates an opportunity for certain people in prison in Maryland who have served at least 20 years to go before a judge and seek a lower sentence. The Second Look Act does not guarantee that anyone will receive a lower sentence, it simply allows a court to consider whether an individual should receive a reduction in sentence based on several factors. The Second Look Act builds on the Maryland Juvenile Restoration Act, which similarly grants an opportunity for resentencing to people sentenced to long terms of imprisonment as teenagers.
Who can bring a petition under the Maryland Second Look Act?
Unfortunately, only an amended version of the bill was passed, which limits who can apply for a second look. The coalition is committed to continuing work to make second look for all a reality.
In order to be eligible under the amended bill language an individual must have:
1. Served at least 20 years of incarceration
2. Been 18-24 at the time of the offense
3. Not have been convicted of a sex offense
4. Not have been sentenced to life without the possibility of parole (LWOP)
5. Not have been convicted of murder where the victim was a first responder in the line of duty
Those eligible may file a petition to reduce their sentence. However, if after filing a petition, the reduction in sentence is denied, an individual must wait at least three years before filing again. An individual may not file more than three petitions for a reduction in sentence.
What does a hearing under the Maryland Second Look Act look like?
Similar to a Juvenile Restoration Act hearing, the court will hear from witnesses and consider evidence. Witnesses could include family members and friends of the incarcerated individual, service providers who would assist the individual in reentering the community, experts, and individuals who can speak to the circumstances of the individual’s life before the crime. The victim or the victim’s representative, if relevant, will be given notice of the hearing and may give a statement. The prosecutor may support or oppose the petition. And the incarcerated individual may appear by video if they choose to do so.
What factors would the court consider when deciding whether to reduce someone’s sentence?
The court would consider factors similar to those considered in Juvenile Restoration Act cases, including:
- The individual’s age at the time of the offense
- The type of the offense and the history and characteristics of the individual
- The individual’s infraction history while incarceration
- Participation in educational, vocational, or other programming where available
- Evidence of rehabilitation and growth
- Any statement offered by a victim or a victim’s representative
- Any report of a physical, mental, or behavioral examination of the individual conducted by a health professional
- The individual’s family and community circumstances at the time of the offense, including any history of trauma, abuse, or involvement in the child welfare system
- The extent of the individual’s role in the offense
- The extent of the individual’s role in the offense and, if the individual was a minor at the time of the offense, whether and to what extent an adult was involved in the offense
- The diminished culpability of a juvenile as compared to an adult, including an inability to fully appreciate risks and consequences, if applicable
- Any other factor the court deems relevant
Can the court make a sentence longer?
No, the court can never lengthen a sentence.
