An Act for second look

194th Legislature (2025-2026) Introduced by Jamie Eldridge and 1 co-sponsor

Bill H 1755 allows certain incarcerated individuals to petition for reduced sentences after serving 10-18 years, promoting rehabilitation and a fairer justice system.

Accompanied a study order, see H5281 (under House Rule 27)

Purpose and Intent

Bill H 1755, titled "An Act for Second Look," aims to provide a mechanism for certain incarcerated individuals to petition for a reduction of their sentences. The bill recognizes the potential for rehabilitation and the impact of age at the time of offense on sentencing, allowing for a review process that could lead to reduced sentences for eligible individuals.

Key Provisions

The bill proposes the following significant changes to Chapter 279 of the General Laws:

Eligibility Criteria:

Individuals aged 25 or younger at the time of offense: Must have served at least 10 years in custody. If convicted of a crime resulting in loss of life, they must serve at least 15 years.
Individuals aged 26 or older at the time of offense: Must have served at least 12 years in custody. For those convicted of a crime resulting in loss of life, the requirement is at least 18 years.

Petition Process:

Incarcerated individuals or their representatives can file a petition for sentence reduction in the superior court where the sentence was imposed.
The petition must include specific information, such as the name of the petitioner, details of the offense, and a factual statement demonstrating eligibility.

Court Procedures:

Upon receiving a petition, the court must notify the district attorney and the incarcerated individual within 30 days.
The original sentencing judge will typically handle the petition unless otherwise requested.
If the petition is denied, the individual must wait at least 2 years (up to 5 years at the court's discretion) before filing another petition.

Notification Requirements:

The Department of Correction is required to notify individuals of their eligibility for a second look review after they have served 9 and 14 years in custody.

Hearing Timeline:

If the court finds the petition establishes eligibility, a resentencing hearing must be scheduled within 45 days, unless good cause is shown for a delay.

Who Would Be Affected

This bill primarily affects:
- Incarcerated individuals in Massachusetts who meet the age and time-served criteria.
- Families or representatives of these individuals who may assist in filing petitions.
- The judicial system, including judges and district attorneys, who will be involved in the review process.

Procedural Aspects

Hearing Scheduled: A hearing for this bill is set for November 18, 2025, from 1:00 PM to 5:00 PM in room A-1.

Legislative History: The bill was introduced on February 27, 2025, and has been referred to the Judiciary Committee. It replaces a similar matter filed in the previous session (House No. 3955 of 2023-2024).

Conclusion

Bill H 1755 seeks to establish a structured process for reviewing the sentences of certain incarcerated individuals, promoting the idea of rehabilitation and the potential for reduced sentences based on age and time served. The bill reflects a growing recognition of the need for a more humane and just approach to sentencing in the Commonwealth of Massachusetts.

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