BILL AS INTRODUCED H.379
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H.379 1
Introduced by Representatives Maguire of Rutland City and Burditt of West 2
Rutland 3
Referred to Committee on 4
Date: 5
Subject: Crimes; judiciary; sentencing; second look 6
Statement of purpose of bill as introduced: This bill proposes to create a 7
procedure under which an incarcerated person serving a term of imprisonment 8
of at least 15 years who has served not less than 15 years may petition the 9
sentencing court for a reduction of the person’s term of imprisonment. 10
An act relating to second look sentencing 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. FINDINGS AND INTENT 13
(a) Findings. 14
(1) According to the Vermont Department of Corrections, 20 percent of 15
the State’s incarcerated population of 851 sentenced offenders are serving life 16
sentences—151 persons with the possibility of parole and 14 persons serving 17
life without the possibility parole or a “virtual life sentence” of 50 years or 18
more. 19 BILL AS INTRODUCED H.379
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(2) Department of Corrections’ data shows that Vermont’s 20 percent 1
figure exceeds the national average, in which approximately one in seven 2
incarcerated persons are serving a life sentence. 3
(3) The Sentencing Project’s research demonstrates that Vermont’s 4
offenders subject to a life sentence increased by 11 percent between 2020 and 5
2024. 6
(4) According to the U.S. Census Bureau and other sources, the per 7
capita cost of incarceration in Vermont is $134,218.00. 8
(5) According to academic research, there are 52 persons with some 9
form of a life sentence who are 55 years of age or older, carrying an annual 10
care cost of $6,979,336.00, excluding care costs relating to common chronic 11
health conditions experienced by this population segment. 12
(b) Intent. It is the intent of the General Assembly to decrease the numbers 13
of incarcerated persons subject to a life sentence and reduce the costs 14
incarcerating this population by offering a “second look” at their sentences 15
through a judicial review by judges that permits granting relief from life 16
sentences for those persons who are deemed worthy of a reduced sentence. 17
Sec. 2. 13 V.S.A. § 7046 is added to read: 18
§ 7046. SECOND LOOK SENTENCING 19
(a) Short title. This section may be cited as the “Second Look Sentencing 20
Act.” 21 BILL AS INTRODUCED H.379
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(b) Second look. Notwithstanding any provision of law to the contrary, an 1
incarcerated person serving a term of imprisonment of at least 15 years who 2
has served not less than 15 years may petition the sentencing court for a 3
reduction of the person’s term of imprisonment. 4
(c) Procedure. 5
(1) Not more than 90 days after the date on which a person’s 15th year 6
of imprisonment begins, the Department of Corrections shall provide written 7
notice of the Second Look Sentencing Act to: 8
(A) the incarcerated person eligible for a sentence reduction; 9
(B) the sentencing court; 10
(C) the prosecutor’s office; and 11
(D) the Office of the Public Defender. 12
(2) A petition for a sentence reduction pursuant to this section may be 13
filed six months after the date on which the 15th year of imprisonment begins. 14
(3) The petition shall be filed with the sentencing court and may include 15
affidavits, declarations, letters, correctional records, or any other written or 16
electronic material relevant to the petition. The petition shall include: 17
(A) the name of the incarcerated person; 18
(B) the name of the petitioner, if different than the incarcerated 19
person, along with a factual statement of: 20
(i) the petitioner’s relationship to the incarcerated person; 21 BILL AS INTRODUCED H.379
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(ii) an explanation of why the incarcerated person cannot file the 1
petition; and 2
(iii) how the petitioner is acting in the best interests of the 3
incarcerated person; 4
(C) any relevant docket number; 5
(D) any offense for which the qualifying term of imprisonment was 6
imposed; 7
(E) any term of imprisonment being served for each docket number; 8
(F) the date of any offense and any qualifying sentence imposed; 9
(G) the specific offenses for which the petition is requesting a 10
reduction in sentence; and 11
(H) a factual statement detailing how the incarcerated person meets 12
the eligibility requirements of the Second Look Sentencing Act. 13
(4) A petition filed pursuant to this section shall be assigned to the judge 14
who imposed the original sentence upon the incarcerated person, if available, 15
unless the petitioner requests otherwise. 16
(5) If the court determines that the facts stated in the petition are 17
insufficient, the court may provide an opportunity to amend the petition when 18
justice so requires. The court may also issue an order denying the petition and 19
notify the petitioner and the incarcerated person, if different than the petitioner. 20
A denial shall be considered an appealable final order. 21 BILL AS INTRODUCED H.379
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(6) The court shall provide the prosecutor with a copy of the petition and 1
any accompanying exhibits. 2
(7)(A) An incarcerated person or petitioner shall not waive the right to 3
petition the court under the Second Look Sentencing Act nor shall a prosecutor 4
request a waiver of the right to petition. 5
(B) Notwithstanding any provision of this section to the contrary, an 6
otherwise eligible incarcerated person or petitioner shall be eligible to file a 7
petition upon consent of the prosecutor. 8
(C) Neither statutory mandatory minimums nor fully executed plea 9
agreements shall preclude an incarcerated person or petitioner from seeking 10
relief under this section. 11
(8) If the court determines that the facts stated in the petition establish 12
eligibility for resentencing under this section, the court shall set a sentencing 13
hearing: 14
(A) Within 45 days after the date the petition is filed with the court, 15
unless the court finds good cause to hold the hearing at a later date or at the 16
request of the petitioner, if: 17
(i) The incarcerated individual has one or more medical conditions 18
leading to major limitations in activities of daily living, including but not 19
limited to serious mental illness or an intellectual or developmental disability. 20 BILL AS INTRODUCED H.379
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(ii) The incarcerated individual has one or more medical 1
conditions that make the individual more likely to contract an illness or disease 2
while incarcerated that could lead to death or cause the person to develop a 3
medical condition that prevents the performance of one or more activities of 4
daily living without assistance. Such conditions include: 5
(I) any condition related to a weakened immune system, 6
including human immunodeficiency virus (HIV) or acquired immune 7
deficiency syndrome (AIDS); 8
(II) debilitating health conditions that occur as a result of 9
dementia, Alzheimer's disease, or similar degenerative brain disorders; 10
(III) cardiovascular disease; 11
(IV) chronic lung disease or asthma; 12
(V) diabetes; 13
(VI) hepatitis C; 14
(VII) seizure disorders; 15
(VIII) the need for life-sustaining care, such as 16
feeding tubes or colostomy bags; 17
(IX) disabling neurological disorders such as multiple 18
sclerosis (MS) or amyotrophic lateral sclerosis (ALS); or 19
(X) any condition that requires or is expected to require 20
specialty care or recurrent hospitalizations. 21 BILL AS INTRODUCED H.379
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(iii) The petition is filed by the prosecutor. 1
(B) Within 90 days after the date the petition is filed with the court, 2
unless the court finds good cause to hold the hearing at a later date or at the 3
request of the petitioner, if the petition does not meet the criteria set forth 4
under this section and the incarcerated individual has served not less than 25 5
years of the petitioner’s sentence and the incarcerated individual is not less 6
than 60 years of age. 7
(C) Within 180 days after the date the petition is filed with the court, 8
unless the court finds good cause to hold the hearing at a later date, if the 9
petition does not meet the criteria set forth under this section. 10
(d) Hearing. 11
(1) Upon request of the petitioner or the prosecutor, the court shall hold 12
a hearing on the petition where the parties shall be given an opportunity to 13
present an argument in support of, or against, the petition. 14
(2) At its discretion, the court may permit parties to present evidence 15
that the court deems relevant to the petition, including testimony, affidavits, 16
sworn statements, documents, tangible objects, or any other evidence or 17
information relevant to the petition. 18
(e) Orders. 19 BILL AS INTRODUCED H.379
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(1) After a hearing on the petition, the court shall issue an order 1
detailing its decision to either grant or deny the petition. In making its 2
determination, the court shall consider the following factors: 3
(A) the age of the petitioner at the time of the offense and relevant 4
research regarding development of youth brain; 5
(B) the age of the petitioner at the time of the hearing and relevant 6
research regarding the decline in criminal behavior as individuals age; 7
(C) the nature of the offense, including changing societal attitudes 8
regarding the propriety of criminalizing the offense and the appropriate 9
sentence for the offense; 10
(D) the circumstances of the offense, including the petitioner’s role in 11
its commission, whether the petitioner was under the influence of another, or 12
whether the petitioner was the victim of domestic or sexual abuse at the time of 13
the offense, and whether the domestic or sexual abuse was related to the 14
petitioner’s participation in the offense and related conduct; 15
(E) the history and characteristics of the petitioner at the time of the 16
hearing, including rehabilitation demonstrated by the petitioner, the 17
petitioner’s institutional disciplinary record, and the petitioner’s participation 18
in educational, therapeutic, and vocational opportunities while incarcerated; 19 BILL AS INTRODUCED H.379
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(F) medical records and reports from physical, mental, or psychiatric 1
examinations of the petitioner conducted by any licensed health care 2
professional; 3
(G) statements and impact statements provided by any victim or 4
family member of any victim affected by the offense for which the petitioner is 5
incarcerated; 6
(H) any evidence concerning whether the petitioner’s original 7
sentence was enhanced because a petitioner exercised the petitioner’s right to a 8
trial; 9
(I) any evidence that the petitioner was denied effective assistance of 10
counsel at any stage of the case leading to the original sentence, including 11
ineffective assistance of counsel at the plea negotiation stage; and 12
(J) any other evidence that the court deems relevant. 13
(2) If the court grants a petition for a reduction in sentence pursuant to 14
this section, the incarcerated person or petitioner shall not file a successive 15
petition until not less than five years have elapsed after the date the petition 16
was granted. 17
(3)(A) If the court denies a petition filed pursuant to this section, the 18
incarcerated person or petitioner shall not file a petition until not less than two 19
years have elapsed after the date the petition was denied. The court, in its 20 BILL AS INTRODUCED H.379
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discretion, may require a longer waiting period, but in no event shall the 1
waiting period exceed five years after the date the petition was denied. 2
(B) An incarcerated person or petitioner whose petition is denied 3
shall only have a petition denied once for a period of not less than two years 4
but not more than five years after the initial petition was denied. 5
(4) If the court denies a petition filed pursuant to this section, the court 6
shall make specific findings explaining the denial and shall set specific criteria 7
for the incarcerated person or petition to meet prior to the filing of another 8
petition. 9
(f) Victim’s rights. 10
(1) Upon the filing and notice of any petition pursuant to this section, 11
the prosecutor shall notify the victim or victim’s family and provide a copy of 12
the petition and any accompanying exhibits. 13
(2) The prosecutor shall, if practicable, consult with victims of a person 14
convicted of homicide prior to responding to any petition filed or consenting to 15
the petition of an otherwise eligible petitioner. 16
(3) The victim of the victim’s family shall have a right to be present at 17
any hearing held pursuant to this section and shall be permitted to provide 18
written or oral statements concerning the impact of the offense and any 19
position as to whether the petition should be granted. 20 BILL AS INTRODUCED H.379
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(4) Any order granting a petition that modifies the petitioner’s sentence 1
shall not affect underlying order of restitution. 2
(g) Habeas corpus and other remedies. 3
(1) This section shall not be construed as abridging or modifying any 4
existing remedy available to incarcerated persons eligible to file a petition 5
pursuant to this section, including a habeas corpus claim, statutory or post-6
conviction relief, or any other legal framework. 7
(2) A petition filed pursuant to this section shall not impact or be 8
impacted by any pending habeas corpus petition or other post-conviction relief, 9
nor shall denial of a petition under this section preclude such remedies being 10
granted. 11
Sec. 3. DEPARTMENT OF CORRECTIONS; SAVINGS; 12
REINVESTMENT; REPORT; RECOMMENDATIONS 13
Annually, on or before July 1, the Department of Corrections shall submit a 14
written report to the Joint Legislative Justice Oversight Committee detailing 15
any savings to the Department as a result of the Second Look Sentencing Act 16
with recommendations to fund any specific: 17
(1) victim support services; 18
(2) correctional facility- and community-based programs to address 19
recidivism through: 20
(A) educational opportunities; 21 BILL AS INTRODUCED H.379
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(B) therapeutic intervention; 1
(C) familial and social supports; and 2
(D) restorative justice approaches; 3
(3) reentry and community reintegration initiatives; and 4
(4) personnel within the Office of the Attorney General, the Office of 5
the Defender General, or the Department of State’s Attorneys and Sheriffs to 6
represent and support the parties involved in any proceeding under the Second 7
Look Sentencing Act. 8
Sec. 4. APPLICABILITY 9
Notwithstanding 1 V.S.A. § 214, Sec. 2 of this act shall apply to sentences 10
imposed prior to the effective date of this act. 11
Sec. 5. EFFECTIVE DATE 12
This act shall take effect on July 1, 2025. 13