Vote Smart's Synopsis:

Vote to pass a bill that authorizes resentencing of certain inmates.

Highlights:

• Authorizes the Commissioner of Corrections to issue a Certificate of Eligibility for Resentencing to inmates who (Sec. 1):

o Were convicted as a juvenile and tried as an adult;

o   Were given a sentence of 30 years or more; and

o   Have completed at least 20 years of the given sentence without being resentenced.

• Authorizes the modification, reduction, or suspension of a sentence (Sec. 1).

• Establishes the principle that inmates issued a Certificate of Eligibility for Resentencing must be represented by the Office of the Public Defender unless the inmate retains other counsel (Sec. 1).

•  Requires the victim or nearest relative of a homicide victim to be notified of a potential change in sentence and be given the right to make an updated statement within 20 days of notification (Sec. 1).

• Requires the prosecutor to file a response within 60 days unless granted an extension from the court (Sec. 1).

• Requires a court-conducted hearing in the Superior Court upon the filing for a motion to resentence unless the court finds the Certificate of Eligibility for Resentencing invalid or improper (Sec. 1).

•  Requires the court to determine whether the offense committed was the result of a mitigating quality of youth through consideration of the following (Sec.1):

o   Age at the time of the offense;

o   Role of attendant youth characteristics within the offense;

o   Obstacles faced by the inmate in childhood;

o   The effort made by the inmate to overcome stated obstacles;

o   Attempts made toward rehabilitation since incarceration;

o   Potential risk inmate poses to society in relation to risk at the time of sentence; and

o   Any newfound evidence of the inmates gained maturity, growth, self-improvement, and consideration of others.

• Requires the inmate to be resentenced if it is determined the offense was the result of stated mitigating qualities of youth to offer the potential for release unless evidence is presented to adequately determine the offense for which the inmate was sentenced reflects irreparable corruption (Sec. 1).

• Requires this bill to take effect immediately and to be  applicable to eligible inmates sentenced prior to the date of the act (Sec. 2).

Full Bill Text