Aug. 30, 2010
NOTE: THIS VOTE RECONSIDERS A PREVIOUS VOTE.
Aug. 24, 2010(Key vote)
Title: Authorizing Youth Offenders to Appeal a Sentence of Life Without Parole
Vote Smart's Synopsis:
Vote to pass a bill that authorizes a prisoner who was under the age of 18 when sentenced to life without parole to submit a petition for recall and re-sentencing to the sentencing court and prosecuting agency.
Requires that the defendant serve 15 years of their sentence before submitting a petition for recall and re-sentencing (Sec. 1).
Requires that all petitions include a statement describing the defendant's remorse and work towards rehabilitation (Sec. 1).
Authorizes the court to hold a hearing if it finds the evidence of the statements in a petition to be true, to consider whether to recall the sentence previously ordered and to re-sentence the defendant to 25 years to life in prison (Sec. 1).
Specifies that the factors a court may consider when determining whether to recall and re-sentence include, but are not limited to, the following (Sec. 1):
The defendant was convicted pursuant to felony murder or aiding and abetting murder provisions of law;
The defendant does not have juvenile felony adjudications for assault or other felony crimes with significant potential for personal harm to victims prior to the offense;
The defendant committed the offense with at least one adult co-defendant;
The defendant had insufficient adult support or supervision and had suffered from psychological or physical trauma, or significant stress prior to the offense;
The defendant suffers from cognitive limitations due to mental illness, developmental disabilities, or other factors that did not constitute a defense;
The defendant has performed acts that indicate remorse and rehabilitation, or the the potential for rehabilitation including, but not limited to, rehabilitative, educational, or vocational program;
The defendant has maintained family ties or connections or has eliminated contact with individuals outside of prison who are currently involved with the crime;
The defendant has no disciplinary actions for violent activities in the last five years.
Authorizes the defendant, if a sentence is not recalled, to submit another petition for re-sentencing after serving 20 years in prison, and if that re-sentencing is not granted, the defendant may file another after 24 years, but before having served 25 years, alleging a substantial change in circumstances (Sec. 1).
June 2, 2010(Key vote)
Title: Authorizing Youth Offenders to Appeal Life Without Parole Sentences
Vote Smart's Synopsis:
Vote to pass a bill that would allow individuals sentenced to life without parole who were under the age of 18 at the time they were sentenced to petition the court for recall and resentencing.
Allows defendants who received life sentences while under the age of 18 who have served at least 10 years of their sentences, with the exception of those who have served 10 or more years prior to January 1st, 2010, to petition for resentencing (Sec. 1).
Provides that defendants who have served 15 or more years prior to January 1st, 2010, may petition for resentencing as follows: those who entered custody prior to July 1st, 1993, may petition in 2010; those who entered custody prior to January 1st, 1994, may petition in 2011; those who entered custody prior to July 1st, 1994, may petition in 2012; and those who entered custody prior to January 1st, 1995, may petition in 2013 (Sec. 1).
Outlines 8 criteria that qualify an inmate for resentencing, of which 3 must be satisfied (Sec. 1).
Provides that if a petition for resentencing is rejected, the defendant may apply again after having served 15, 20, 24 and finally 25 years of their sentence (Sec. 1).
Indicates that this policy only remains in effect until January 1st 2011, unless a future statute extends, deletes, or replaces that date (Sec. 1).