VT
Vermont House Bill H0379

Vermont 2025-2026 Regular Session

Vermont House Bill H0379 Compare Versions

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11 BILL AS INTRODUCED H.379
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55 VT LEG #381125 v.1
66 H.379 1
77 Introduced by Representatives Maguire of Rutland City and Burditt of West 2
88 Rutland 3
99 Referred to Committee on 4
1010 Date: 5
1111 Subject: Crimes; judiciary; sentencing; second look 6
1212 Statement of purpose of bill as introduced: This bill proposes to create a 7
1313 procedure under which an incarcerated person serving a term of imprisonment 8
1414 of at least 15 years who has served not less than 15 years may petition the 9
1515 sentencing court for a reduction of the person’s term of imprisonment. 10
1616 An act relating to second look sentencing 11
1717 It is hereby enacted by the General Assembly of the State of Vermont: 12
1818 Sec. 1. FINDINGS AND INTENT 13
1919 (a) Findings. 14
2020 (1) According to the Vermont Department of Corrections, 20 percent of 15
2121 the State’s incarcerated population of 851 sentenced offenders are serving life 16
2222 sentences—151 persons with the possibility of parole and 14 persons serving 17
2323 life without the possibility parole or a “virtual life sentence” of 50 years or 18
2424 more. 19 BILL AS INTRODUCED H.379
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2929 (2) Department of Corrections’ data shows that Vermont’s 20 percent 1
3030 figure exceeds the national average, in which approximately one in seven 2
3131 incarcerated persons are serving a life sentence. 3
3232 (3) The Sentencing Project’s research demonstrates that Vermont’s 4
3333 offenders subject to a life sentence increased by 11 percent between 2020 and 5
3434 2024. 6
3535 (4) According to the U.S. Census Bureau and other sources, the per 7
3636 capita cost of incarceration in Vermont is $134,218.00. 8
3737 (5) According to academic research, there are 52 persons with some 9
3838 form of a life sentence who are 55 years of age or older, carrying an annual 10
3939 care cost of $6,979,336.00, excluding care costs relating to common chronic 11
4040 health conditions experienced by this population segment. 12
4141 (b) Intent. It is the intent of the General Assembly to decrease the numbers 13
4242 of incarcerated persons subject to a life sentence and reduce the costs 14
4343 incarcerating this population by offering a “second look” at their sentences 15
4444 through a judicial review by judges that permits granting relief from life 16
4545 sentences for those persons who are deemed worthy of a reduced sentence. 17
4646 Sec. 2. 13 V.S.A. § 7046 is added to read: 18
4747 § 7046. SECOND LOOK SENTENCING 19
4848 (a) Short title. This section may be cited as the “Second Look Sentencing 20
4949 Act.” 21 BILL AS INTRODUCED H.379
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5454 (b) Second look. Notwithstanding any provision of law to the contrary, an 1
5555 incarcerated person serving a term of imprisonment of at least 15 years who 2
5656 has served not less than 15 years may petition the sentencing court for a 3
5757 reduction of the person’s term of imprisonment. 4
5858 (c) Procedure. 5
5959 (1) Not more than 90 days after the date on which a person’s 15th year 6
6060 of imprisonment begins, the Department of Corrections shall provide written 7
6161 notice of the Second Look Sentencing Act to: 8
6262 (A) the incarcerated person eligible for a sentence reduction; 9
6363 (B) the sentencing court; 10
6464 (C) the prosecutor’s office; and 11
6565 (D) the Office of the Public Defender. 12
6666 (2) A petition for a sentence reduction pursuant to this section may be 13
6767 filed six months after the date on which the 15th year of imprisonment begins. 14
6868 (3) The petition shall be filed with the sentencing court and may include 15
6969 affidavits, declarations, letters, correctional records, or any other written or 16
7070 electronic material relevant to the petition. The petition shall include: 17
7171 (A) the name of the incarcerated person; 18
7272 (B) the name of the petitioner, if different than the incarcerated 19
7373 person, along with a factual statement of: 20
7474 (i) the petitioner’s relationship to the incarcerated person; 21 BILL AS INTRODUCED H.379
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7979 (ii) an explanation of why the incarcerated person cannot file the 1
8080 petition; and 2
8181 (iii) how the petitioner is acting in the best interests of the 3
8282 incarcerated person; 4
8383 (C) any relevant docket number; 5
8484 (D) any offense for which the qualifying term of imprisonment was 6
8585 imposed; 7
8686 (E) any term of imprisonment being served for each docket number; 8
8787 (F) the date of any offense and any qualifying sentence imposed; 9
8888 (G) the specific offenses for which the petition is requesting a 10
8989 reduction in sentence; and 11
9090 (H) a factual statement detailing how the incarcerated person meets 12
9191 the eligibility requirements of the Second Look Sentencing Act. 13
9292 (4) A petition filed pursuant to this section shall be assigned to the judge 14
9393 who imposed the original sentence upon the incarcerated person, if available, 15
9494 unless the petitioner requests otherwise. 16
9595 (5) If the court determines that the facts stated in the petition are 17
9696 insufficient, the court may provide an opportunity to amend the petition when 18
9797 justice so requires. The court may also issue an order denying the petition and 19
9898 notify the petitioner and the incarcerated person, if different than the petitioner. 20
9999 A denial shall be considered an appealable final order. 21 BILL AS INTRODUCED H.379
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104104 (6) The court shall provide the prosecutor with a copy of the petition and 1
105105 any accompanying exhibits. 2
106106 (7)(A) An incarcerated person or petitioner shall not waive the right to 3
107107 petition the court under the Second Look Sentencing Act nor shall a prosecutor 4
108108 request a waiver of the right to petition. 5
109109 (B) Notwithstanding any provision of this section to the contrary, an 6
110110 otherwise eligible incarcerated person or petitioner shall be eligible to file a 7
111111 petition upon consent of the prosecutor. 8
112112 (C) Neither statutory mandatory minimums nor fully executed plea 9
113113 agreements shall preclude an incarcerated person or petitioner from seeking 10
114114 relief under this section. 11
115115 (8) If the court determines that the facts stated in the petition establish 12
116116 eligibility for resentencing under this section, the court shall set a sentencing 13
117117 hearing: 14
118118 (A) Within 45 days after the date the petition is filed with the court, 15
119119 unless the court finds good cause to hold the hearing at a later date or at the 16
120120 request of the petitioner, if: 17
121121 (i) The incarcerated individual has one or more medical conditions 18
122122 leading to major limitations in activities of daily living, including but not 19
123123 limited to serious mental illness or an intellectual or developmental disability. 20 BILL AS INTRODUCED H.379
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128128 (ii) The incarcerated individual has one or more medical 1
129129 conditions that make the individual more likely to contract an illness or disease 2
130130 while incarcerated that could lead to death or cause the person to develop a 3
131131 medical condition that prevents the performance of one or more activities of 4
132132 daily living without assistance. Such conditions include: 5
133133 (I) any condition related to a weakened immune system, 6
134134 including human immunodeficiency virus (HIV) or acquired immune 7
135135 deficiency syndrome (AIDS); 8
136136 (II) debilitating health conditions that occur as a result of 9
137137 dementia, Alzheimer's disease, or similar degenerative brain disorders; 10
138138 (III) cardiovascular disease; 11
139139 (IV) chronic lung disease or asthma; 12
140140 (V) diabetes; 13
141141 (VI) hepatitis C; 14
142142 (VII) seizure disorders; 15
143143 (VIII) the need for life-sustaining care, such as 16
144144 feeding tubes or colostomy bags; 17
145145 (IX) disabling neurological disorders such as multiple 18
146146 sclerosis (MS) or amyotrophic lateral sclerosis (ALS); or 19
147147 (X) any condition that requires or is expected to require 20
148148 specialty care or recurrent hospitalizations. 21 BILL AS INTRODUCED H.379
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153153 (iii) The petition is filed by the prosecutor. 1
154154 (B) Within 90 days after the date the petition is filed with the court, 2
155155 unless the court finds good cause to hold the hearing at a later date or at the 3
156156 request of the petitioner, if the petition does not meet the criteria set forth 4
157157 under this section and the incarcerated individual has served not less than 25 5
158158 years of the petitioner’s sentence and the incarcerated individual is not less 6
159159 than 60 years of age. 7
160160 (C) Within 180 days after the date the petition is filed with the court, 8
161161 unless the court finds good cause to hold the hearing at a later date, if the 9
162162 petition does not meet the criteria set forth under this section. 10
163163 (d) Hearing. 11
164164 (1) Upon request of the petitioner or the prosecutor, the court shall hold 12
165165 a hearing on the petition where the parties shall be given an opportunity to 13
166166 present an argument in support of, or against, the petition. 14
167167 (2) At its discretion, the court may permit parties to present evidence 15
168168 that the court deems relevant to the petition, including testimony, affidavits, 16
169169 sworn statements, documents, tangible objects, or any other evidence or 17
170170 information relevant to the petition. 18
171171 (e) Orders. 19 BILL AS INTRODUCED H.379
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176176 (1) After a hearing on the petition, the court shall issue an order 1
177177 detailing its decision to either grant or deny the petition. In making its 2
178178 determination, the court shall consider the following factors: 3
179179 (A) the age of the petitioner at the time of the offense and relevant 4
180180 research regarding development of youth brain; 5
181181 (B) the age of the petitioner at the time of the hearing and relevant 6
182182 research regarding the decline in criminal behavior as individuals age; 7
183183 (C) the nature of the offense, including changing societal attitudes 8
184184 regarding the propriety of criminalizing the offense and the appropriate 9
185185 sentence for the offense; 10
186186 (D) the circumstances of the offense, including the petitioner’s role in 11
187187 its commission, whether the petitioner was under the influence of another, or 12
188188 whether the petitioner was the victim of domestic or sexual abuse at the time of 13
189189 the offense, and whether the domestic or sexual abuse was related to the 14
190190 petitioner’s participation in the offense and related conduct; 15
191191 (E) the history and characteristics of the petitioner at the time of the 16
192192 hearing, including rehabilitation demonstrated by the petitioner, the 17
193193 petitioner’s institutional disciplinary record, and the petitioner’s participation 18
194194 in educational, therapeutic, and vocational opportunities while incarcerated; 19 BILL AS INTRODUCED H.379
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199199 (F) medical records and reports from physical, mental, or psychiatric 1
200200 examinations of the petitioner conducted by any licensed health care 2
201201 professional; 3
202202 (G) statements and impact statements provided by any victim or 4
203203 family member of any victim affected by the offense for which the petitioner is 5
204204 incarcerated; 6
205205 (H) any evidence concerning whether the petitioner’s original 7
206206 sentence was enhanced because a petitioner exercised the petitioner’s right to a 8
207207 trial; 9
208208 (I) any evidence that the petitioner was denied effective assistance of 10
209209 counsel at any stage of the case leading to the original sentence, including 11
210210 ineffective assistance of counsel at the plea negotiation stage; and 12
211211 (J) any other evidence that the court deems relevant. 13
212212 (2) If the court grants a petition for a reduction in sentence pursuant to 14
213213 this section, the incarcerated person or petitioner shall not file a successive 15
214214 petition until not less than five years have elapsed after the date the petition 16
215215 was granted. 17
216216 (3)(A) If the court denies a petition filed pursuant to this section, the 18
217217 incarcerated person or petitioner shall not file a petition until not less than two 19
218218 years have elapsed after the date the petition was denied. The court, in its 20 BILL AS INTRODUCED H.379
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223223 discretion, may require a longer waiting period, but in no event shall the 1
224224 waiting period exceed five years after the date the petition was denied. 2
225225 (B) An incarcerated person or petitioner whose petition is denied 3
226226 shall only have a petition denied once for a period of not less than two years 4
227227 but not more than five years after the initial petition was denied. 5
228228 (4) If the court denies a petition filed pursuant to this section, the court 6
229229 shall make specific findings explaining the denial and shall set specific criteria 7
230230 for the incarcerated person or petition to meet prior to the filing of another 8
231231 petition. 9
232232 (f) Victim’s rights. 10
233233 (1) Upon the filing and notice of any petition pursuant to this section, 11
234234 the prosecutor shall notify the victim or victim’s family and provide a copy of 12
235235 the petition and any accompanying exhibits. 13
236236 (2) The prosecutor shall, if practicable, consult with victims of a person 14
237237 convicted of homicide prior to responding to any petition filed or consenting to 15
238238 the petition of an otherwise eligible petitioner. 16
239239 (3) The victim of the victim’s family shall have a right to be present at 17
240240 any hearing held pursuant to this section and shall be permitted to provide 18
241241 written or oral statements concerning the impact of the offense and any 19
242242 position as to whether the petition should be granted. 20 BILL AS INTRODUCED H.379
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247247 (4) Any order granting a petition that modifies the petitioner’s sentence 1
248248 shall not affect underlying order of restitution. 2
249249 (g) Habeas corpus and other remedies. 3
250250 (1) This section shall not be construed as abridging or modifying any 4
251251 existing remedy available to incarcerated persons eligible to file a petition 5
252252 pursuant to this section, including a habeas corpus claim, statutory or post-6
253253 conviction relief, or any other legal framework. 7
254254 (2) A petition filed pursuant to this section shall not impact or be 8
255255 impacted by any pending habeas corpus petition or other post-conviction relief, 9
256256 nor shall denial of a petition under this section preclude such remedies being 10
257257 granted. 11
258258 Sec. 3. DEPARTMENT OF CORRECTIONS; SAVINGS; 12
259259 REINVESTMENT; REPORT; RECOMMENDATIONS 13
260260 Annually, on or before July 1, the Department of Corrections shall submit a 14
261261 written report to the Joint Legislative Justice Oversight Committee detailing 15
262262 any savings to the Department as a result of the Second Look Sentencing Act 16
263263 with recommendations to fund any specific: 17
264264 (1) victim support services; 18
265265 (2) correctional facility- and community-based programs to address 19
266266 recidivism through: 20
267267 (A) educational opportunities; 21 BILL AS INTRODUCED H.379
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272272 (B) therapeutic intervention; 1
273273 (C) familial and social supports; and 2
274274 (D) restorative justice approaches; 3
275275 (3) reentry and community reintegration initiatives; and 4
276276 (4) personnel within the Office of the Attorney General, the Office of 5
277277 the Defender General, or the Department of State’s Attorneys and Sheriffs to 6
278278 represent and support the parties involved in any proceeding under the Second 7
279279 Look Sentencing Act. 8
280280 Sec. 4. APPLICABILITY 9
281281 Notwithstanding 1 V.S.A. § 214, Sec. 2 of this act shall apply to sentences 10
282282 imposed prior to the effective date of this act. 11
283283 Sec. 5. EFFECTIVE DATE 12
284284 This act shall take effect on July 1, 2025. 13