Current Legislation

This is a list of current pending legislation regarding life sentences for juveniles. Please contact [email protected] for more.

Note to legislators

When it comes to the public policy debate on life without parole (LWOP) for juveniles, victims really are underdogs–whereas the advocates of freeing our loved ones’ killers have vast financial resources, we have no funding, and very little power. Despite this, victims would like to be heard. And we have a right to be heard. The issue of juvenile life without parole (JLWOP) significantly impacts us. If JLWOP is retroactively abolished in our states, we may be forced to endure re-sentencing hearings. If the criminals who murdered our family members are given sentences that allow for parole, we would have to endure parole hearings. Many victims have already been through these painful hearings. Given the fact that legal changes regarding JLWOP impact our lives in such a powerful way, it is only right that our voices be considered. This includes victims who oppose and support JLWOP. Victims have already endured a lot of trauma due to the murders of their family members and many of these proposed legal changes would only add to that pain. We ask that lawmakers, voters, and activists please listen to our concerns.

Victims willing to speak out, as well as legal experts, are listed in our Speakers Bureau. Please contact them to ask about proposed laws.

Please consider victims in your state. Read our memorials for them. Imagine how you would feel about the proposed laws if your child, spouse, parent, sibling, or other family member was murdered in the way they were. Consider the impact the laws would have on these surviving victims.

Please consider the possible dangers of releasing some offenders into society. Many juvenile criminals who were released early have gone on to commit more crimes.

Dangerous Early Release

Currently, the debate regarding JLWOP is very one-sided, as advocates of abolishing JLWOP have significant resources and power. To learn about the arguments for JLWOP, the arguments that are not often heard, read this article. It was written by a volunteer and expresses her views.

Is Life Without Parole For Juveniles Cruel And Unusual?

You may also consider reading this article, also written by a volunteer, which examines the narrative on juvenile culpability.

Are Juveniles Categorically Less Culpable?

Please look through our website for more.

Legislation

ALASKA

Alaska SB 114

What it would do

Mandate parole hearings for all juvenile offenders after 15 years.

Status

In the Senate State Affairs Committee.

What you can do

Email Alaska lawmakers

Dear Alaska Senate/House/Legislature

I am emailing to urge you to oppose SB 114, which would mandate parole hearings for juvenile murderers after only 15 years. 15 years is extremely light when compared to some crimes. Mandating such a lenient sentence would demean the seriousness of these crimes and devalue the victims. This bill would also put Alaskans in danger–Alaska has the highest recidivism rate in the country. Given this fact, mandating parole hearings for some of the most dangerous felons after only 15 years is not a smart idea. And finally, SB 114 would re-traumatize victims. Victims should not be forced to repeatedly re-live the worst experiences of their lives. For these reasons, I beg you to oppose SB 114.

Senators

House members

More

Alaska SB 114

LOUISIANA

HB 254

What it would do

Read here.

What you can do

Email the Louisiana House and Senate

Dear Louisiana House/Senate/Legislature,

I am emailing to urge you to oppose HB 254, which would mandate parole hearings for even the most evil juvenile criminals. HB 254 would force victims to repeatedly relive the worst experiences of their lives and would endanger society. It would also deny justice by allowing murderers to live unfettered lives from their early 40s onward while their dead victims can’t. Please oppose or amend HB 254.

House member emails

Senate member emails

More

Louisiana HB 254

MARYLAND

House Bill 409 (“Juvenile Restoration Act”)

Maryland Juvenile Restoration Act (House Bill 409/Senate Bill 494)

MASSACHUSETTS

MA H 1439

Text

Section 72B. If a person is found guilty of murder in the first degree committed on or after his sixteenth birthday and before his nineteenth birthday under the provisions of section 1 of chapter 265, the superior court shall commit the person to such punishment as is provided by law for the offense. Said person shall be afforded a meaningful opportunity to obtain release on parole based on demonstrated maturity and rehabilitation and in accordance with the provisions of law governing the granting of parole permits by the parole board.

If a person is found guilty of murder in the second degree committed on or after his sixteenth birthday and before his nineteenth birthday under the provisions of section 1 of chapter 265, the superior court shall commit the person to such punishment as is provided by law. Said person shall be eligible for parole under section 133A of chapter 127 when such person has served 15 years of said confinement. Said person shall be afforded a meaningful opportunity to obtain release on parole based on demonstrated maturity and rehabilitation and in accordance with the provisions of law governing the granting of parole permits by the parole board.

If a person is alleged to have committed murder in the first or second degree under the provisions of section 1 of chapter 265 after having attained the age of 14 but before attaining the age of 16, the superior court shall forthwith transfer the proceeding to the juvenile court where the minor shall be subject to the provisions of section 58 of chapter 119.

Status

Committee on The Judiciary

What you can do

Write to the Judiciary Committee

MISSISSIPPI

SB 2646 Juvenile Offender Parole and Rehabilitation Act

https://www.billtrack50.com/BillDetail/1207538

What it would have done

It would have made juvenile offenders eligible for parole after serving 50% of their sentences or 20 years, whatever came first. Rather than requiring four members of a parole board to vote for their release, juvenile criminals would need three votes.

Text

Bold text means proposed new legislation.

(i) Notwithstanding any other provision of law, all persons who were under the age of eighteen (18) at the time of their crimes, and who are otherwise ineligible for parole, shall be eligible for parole after they have served fifty percent (50%) of the sentence or sentences imposed by the trial court or twenty (20) years, whichever is less. All persons eligible for parole under this subsection shall be required to have a parole hearing before the board, under Section 47-7-17, before parole release.

(9) An affirmative vote of at least four (4) members of the Parole Board shall be required to grant parole to an inmate convicted of capital murder or a sex crime. An affirmative vote of at least three (3) members of the Parole Board is required to grant parole to a juvenile offender who is eligible for parole under to Section 47-7-3(1)(i).

Status:

Failed – Died

What you can do

If a similar bill is introduced write to Mississippi’s Judiciary Committee

MISSOURI

House Bill 2201

https://www.house.mo.gov/billtracking/bills201/hlrbillspdf/4778H.01I.pdf

What it would do

Currently, juvenile murderers in MO can submit a petition to the parole board after 25 years of incarceration, and another petition after 35 years. This bill would allow juvenile offenders to submit a petition to the parole board after 15 years. They would be eligible for reconsideration hearings every three years after that.

Text

Proposed language in bold. Text in brackets is proposed to be removed from the law.

Any person sentenced to a term of imprisonment for life with or
without eligibility for parole [before August 28, 2016], a term of imprisonment amounting to fifteen years or more, or multiple terms of imprisonment that, taken together, amount to fifteen or more years who was under eighteen years of age at the time of the commission of the offense or offenses[,] may submit to the parole board a petition for a review of his or her sentence, regardless of whether the case is final for purposes of appeal, after serving [twenty-five] fifteen years of incarceration [on the sentence of life without parole] and shall thereafter be eligible for reconsideration hearings every three years until a presumptive release date has been established by the parole board.

[(2) Any person found guilty of murder in the first degree who was sentenced on or after
August 28, 2016, to a term of life imprisonment with eligibility for parole or a term of
imprisonment of not less than thirty years and not to exceed forty years, who was under eighteen years of age at the time of the commission of the offense or offenses may submit to the parole board a petition for a review of his or her sentence, regardless of whether the case is final for purposes of appeal, after serving twenty-five years of incarceration, and a subsequent petition after serving thirty-five years of incarceration.]

Status

In the House Judiciary Committee.

What you can do

Write to members of the Judiciary Committee.

NEBRASKA

NE L 1117

What it would do

It wold prohibit anyone under 21 from being sentenced to LWOP. It would also change the available sentences for offenders under 21 who commit IA and IB felonies. IA felonies include murder, arson, and kidnapping. IB felonies include manslaughter, aggravated assault, burglary, and sexual assault of a child in the first degree.

Text

Bold text means proposed added language. Brackets mean the bill proposes to omit that language.

28-105.01 (1) Notwithstanding any other provision of law, the death penalty or life imprisonment shall not be imposed upon any person who was under the age of twenty-one [eighteen] years at the time of the commission of the crime.

28-105.02 (1) Notwithstanding any other provision of law, the penalty for any person convicted of a Class IA felony for an offense committed when such person was under the age of twenty-one [eighteen] years shall be a maximum sentence of not greater than eighty years’ imprisonment [life imprisonment] and a minimum sentence of not greater [less] than forty years’ imprisonment.

(2) Notwithstanding any other provision of law, the penalty for any person convicted of a Class IB felony for an offense committed when such person was under the age of twenty-one years shall be a maximum sentence of not greater than sixty years’ imprisonment and a minimum sentence of not greater than twenty years’ imprisonment, except as provided in section 28-319.01.

Status

In the Judiciary Committee. Indefinitely postponed on August 13, 2020.

https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=41251

What you can do

Write to the Judiciary Committee.

NE L 132

https://nebraskalegislature.gov/FloorDocs/Current/PDF/Intro/LB132.pdf

http://custom.statenet.com/public/resources.cgi?id=ID:bill:NE2019000L132&ciq=ncsl53&client_md=b916e62a9d563fcb1189b8cfdb9739e1&mode=current_text

What it would do

It would change the penalties for crimes committed by offenders under 19 years of age.

Text

(4) The minimum term of imprisonment for any person convicted of a Class IC or Class ID felony for an offense committed when such person was under nineteen years of age shall not be a mandatory minimum but a minimum term only.

Status

https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=36924

NEW MEXICO

Senate Bill 247

What it would do

All juvenile criminals would be eligible for parole after only 10 years. They would be entitled to parole hearings every two years after that.

Text

Section 31-21-10.2 NMSA
1978

A. A serious youthful offender sentenced under
Section 31-18-15.3 NMSA 1978 or a youthful offender sentenced
as an adult under Section 32A-2-20 NMSA 1978 shall be entitled
to a parole hearing after serving ten years of the offender’s
sentence, unless the offender is subject to earlier eligibility
for parole pursuant to another provision of law or on the
recommendation of the warden of the facility in which the
offender is incarcerated. The parole hearing shall occur
whether the offender is serving sentences for multiple crimes
concurrently or consecutively.

B. If parole is denied, the offender shall be
entitled to a parole hearing not less than every two years
thereafter, unless the offender is subject to earlier
eligibility for parole pursuant to any other provision of law.

…

F. The parole board shall annually conduct a review
of all offenders currently serving an adult sentence for an
offense committed as a child to ensure that parole eligibility
hearings required pursuant to this section are timely
conducted.”

NORTH CAROLINA

House Bill 424

What it would do

It would mandate that juvenile offenders responsible for first-degree murder be eligible for parole after 25 years. Other juvenile offenders would be required to be parole eligible after 15 years. Offenders who were sentenced under the Fair Sentencing Act for crimes committed as juveniles would be eligible for parole after 20 years.

The Fair Sentencing Act was in effect between July 1, 1981 to September 30, 1994. The Act still applies to crimes committed during that period.

Status

The bill is currently in the Committee on Families, Children, and Aging Policy.

What you can do

Email members of the Committee on Families, Children, and Aging Policy.

More

North Carolina House Bill 424

House Bill 775

https://www.ncleg.gov/BillLookUp/2019/H775

What it would have done

This bill would have made juvenile murderers eligible for parole after 25 years and other juvenile criminals eligible for parole after 15 years.

Status

Referred to the Committee on the Judiciary in April 2019.

What you can do

Write to North Carolina’s House Judiciary Committee

OKLAHOMA

SB 112

What it would have done

It would have prohibited juveniles from receiving LWOP sentences or any mandatory minimum sentences carrying a term of imprisonment over 20 years. It would also have required courts to consider certain factors.

Text

A. The following sentences shall not be imposed on any person who was less than eighteen (18) years of age at the time the criminal offense was committed:

1. Life imprisonment without the possibility of parole; or

2. A mandatory minimum sentence carrying a term of imprisonment that exceeds twenty (20) years.

B. In addition to other factors required by law to be considered prior to imposition of a sentence, when determining the appropriate sentence for a person who has been certified as an adult pursuant to certification procedures authorized in the Oklahoma Juvenile Code and who has been subsequently tried and convicted of a felony offense as an adult, the court shall consider the following mitigating circumstances:

1. Age at the time of the offense;

2. Level of maturity and the ability to appreciate the risks and consequences of the conduct;

3. Culpability;

4. Family and community environment;

5. Intellectual capacity;

6. Peer or familial pressure;

7. Ability to participate meaningfully in his or her defense;

8. Capacity for rehabilitation;

9. School records and special education evaluations;

10. Trauma history;

11. Community involvement;

12. Involvement in the child welfare system; and

13. Any other mitigating factors or circumstances.

Status

Died in the chamber. Title stricken.

What you can do

Should a similar bill be introduced, you can write to the Senate Judiciary Committee or the House Judiciary Committee.

OK S 1189

http://www.oklegislature.gov/BillInfo.aspx?Bill=sb%201189

https://legiscan.com/OK/bill/SB1189/2020

What it would do

It would allow juvenile criminals to be eligible for parole after no more than 20 years in prison.

Status

Senate Judiciary Committee. Status: Introduced on February 3 2020 – 25% progression.

What you can do

Write to the Senate Judiciary Committee or if another bill is introduced, the House Judiciary Committee.

RHODE ISLAND

Senate Bill 341

https://legiscan.com/RI/votes/S0341/2019

What it would have done

The bill would have made juvenile criminals eligible for parole after 15 years.

Text

(e) Notwithstanding any other provision of the general or public laws to the contrary,
29 including any sentence received under chapter 19.2 of title 12, and unless a prisoner is entitled to
30 earlier eligibility for parole pursuant to any other provision of law, a prisoner sentenced as an
31 adult for any offense or offenses committed prior to the prisoner’s eighteenth birthday, shall be
32 eligible for parole review and a parole permit may be issued after the prisoner has served no
33 fewer than fifteen (15) years imprisonment.

Status:(Introduced – Dead) 2019-04-09 – Committee recommended measure be held for further study [S0341 Detail]

What you can do

Should a similar bill be introduced you can write to the Senate Judiciary Committee.

Senate Bill 2256

https://legiscan.com/RI/bill/S2256/2020

What it would do

The bill would make juvenile criminals eligible for parole after 15 years.

Text

(e) Notwithstanding any other provision of the general or public laws to the contrary, including any sentence received under chapter 19.2 of title 12, and unless a prisoner is entitled to earlier eligibility for parole pursuant to any other provision of law, a prisoner sentenced as an adult for any offense or offenses committed prior to the prisoner’s eighteenth birthday, shall be eligible for parole review and a parole permit may be issued after the prisoner has served no fewer than fifteen (15) years imprisonment.

Status

Senate Judiciary Committee. Introduced on February 4 2020 – 25% progression.

What you can do

Write to the Senate Judiciary Committee.

RI Houe Bill 5333

What it would do

The bill would have made juvenile criminals eligible for parole after 15 years.

Text

(e) Notwithstanding any other provision of the general or public laws to the contrary, and unless a prisoner is entitled to earlier eligibility for parole pursuant to any other provision of law, a prisoner sentenced as an adult for any offense committed prior to the prisoner’s eighteenth birthday, is eligible for a parole permit after the prisoner has served fifteen (15) years of their sentence.

Status

House Judiciary Committee. Introduced on February 7 2019 – 25% progression, died in committee

RI House Bill 7592

What it would do

The bill would make juvenile criminals eligible for parole after 15 years.

Text

(e) Notwithstanding any other provision of the general or public laws to the contrary, and
29 unless a prisoner is entitled to earlier eligibility for parole pursuant to any other provision of law,
30 a prisoner sentenced as an adult for any offense committed prior to the prisoner’s eighteenth
31 birthday, is eligible for a parole permit after the prisoner has served fifteen (15) years of their
32 sentence.

Status

House Judiciary Committee. Introduced on February 13 2020 – 25% progression

SOUTH CAROLINA

House Bill 3919

What it would do

It would retroactively end LWOP for criminals under 18. Juveniles who commit or have committed non-homicide crimes would be eligible for parole after 20 years. Juveniles who commit or have committed homicides would be eligible for parole after 25 years.

More can be found here.

South Carolina HB 3919

Status

House Judiciary Committee. Introduced on February 13 2020 -25% progression, died in committee.

SOUTH DAKOTA

South Dakota Senate Bill 146

What it would do

It would ban LWOP for all offenders who were under 26 when they committed the crimes. These young adult offenders would be able to be paroled once they turn 50.

Text

“A person who was sentenced to life imprisonment for an offense that was
committed when the person was twenty-five years of age or younger is thereby
eligible for parole consideration when the person reaches fifty years of age.”

Status

Senate Judiciary

What you can do

Contact the Senate Judiciary

TENNESSEE

House Bill 842

What it would do

It would prohibit LWOP for juvenile criminals and allow them to be paroled after 30 years, or, if they meet certain criteria, after 20 years.

Text

(A) If a person is sentenced for commission of crimes committed when
the person was less than eighteen (18) years of age, the person’s first release
eligibility date for those crimes shall occur after service of thirty (30) calendar
years if the release eligibility date for the sentence or sentences imposed is
greater than thirty (30) years from the date of sentencing, regardless of whether
the sentences were ordered to run consecutively or concurrently.
(B) In determining whether to grant parole to a person under subdivision
(v)(1)(A), in addition to general parole factors, the parole board shall consider
factors related to youth, including, but not limited to:
(i) The reduced ability of youth to fully understand the risks and
consequences of their actions;
(ii) Lowered impulse control during youth;
(iii) The role of peer pressure or adult coercion in the commission
of the offense;
SB0842
003240
-2-
(iv) The effects of trauma, adverse childhood experiences, and
environmental factors beyond the youth’s control; and
(v) The amenability of youthful offenders to rehabilitation as a
result of maturity and brain development.
(C) This subdivision (v)(1) does not apply to persons sentenced to life
without the possibility of parole.

The sentence or sentences of a person described in subdivision (v)(1) must
be reduced by any sentence reduction credits earned and retained and credit for any
time served in a county jail or juvenile facility but in no event shall these credits operate
to make the person eligible for release prior to service of thirty (30) calendar years.
(3) It is the intent of the general assembly that subdivisions (v)(1) and (2) are to
be retroactive and apply to a person described in subdivision (v)(1) whether the crime
was committed prior to July 1, 2019, or on or after July 1, 2019.
(w)
(1) Notwithstanding this section, a person who meets the criteria in subsection
(v) shall be eligible for a parole grant hearing and parole after service of at least twenty
(20) calendar years if the board of parole finds that the individual:
(A) Has obtained a HiSET(R) credential, as defined in § 49-4-902, unless
the person has previously obtained a high school diploma or is deemed by a
certified educator as being incapable of obtaining a HiSET(R) credential due to a
learning disability. If the person is deemed incapable of obtaining a HiSET(R)
credential, the person shall show that the person has participated in other
available educational or skill building programs;
(B) Has participated in one (1) or more job training programs, if available
to the person;
(C) Has demonstrated positive work habits and good behavior;

3 – 003240
(D) Has complied with treatment and rehabilitation services
recommended by the department of correction; and
(E) Has provided proof of good character, rehabilitation, and maturity.
(2) The board of parole shall promulgate rules pursuant to the Uniform
Administrative Procedures Act, compiled in title 4, chapter 5, to establish the application
and review process to determine if the criteria for an early parole grant hearing and
parole have been met.

Status

Senate Judiciary Committee. Died.

What you can do

Write to members of the Senate Judiciary Committee.

House Bill 876

What it would do

It would prohibit LWOP for juvenile criminals and allow parole eligibility after 30 years, or, if certain criteria are met, after 20 years.

Text

(B) In determining whether to grant parole to a person under subdivision (v)(1)(A), in addition to general parole factors, the parole board shall consider factors related to youth, including, but not limited to:

(i) The reduced ability of youth to fully understand the risks and consequences of their actions;

(ii) Lowered impulse control during youth;

(iii) The role of peer pressure or adult coercion in the commission of the offense;

(iv) The effects of trauma, adverse childhood experiences, and environmental factors beyond the youth’s control; and

(v) The amenability of youthful offenders to rehabilitation as a result of maturity and brain development.

(2) The sentence or sentences of a person described in subdivision (v)(1) must be reduced by any sentence reduction credits earned and retained and credit for any time served in a county jail or juvenile facility but in no event shall these credits operate to make the person eligible for release prior to service of thirty (30) calendar years.

(3) It is the intent of the general assembly that subdivisions (v)(1) and (2) are to be retroactive and apply to a person described in subdivision (v)(1) whether the crime was committed prior to July 1, 2019, or on or after July 1, 2019.

(w)

(1) Notwithstanding this section, a person who meets the criteria in subsection (v) shall be eligible for a parole grant hearing and parole after service of at least twenty (20) calendar years if the board of parole finds that the individual:

(A) Has obtained a HiSET(R) credential, as defined in § 49-4-902, unless the person has previously obtained a high school diploma or is deemed by a certified educator as being incapable of obtaining a HiSET(R) credential due to a learning disability. If the person is deemed incapable of obtaining a HiSET(R) credential, the person shall show that the person has participated in other available educational or skill building programs;

(B) Has participated in one (1) or more job training programs, if available to the person;

(D) Has complied with treatment and rehabilitation services recommended by the department of correction; and

(E) Has provided proof of good character, rehabilitation, and maturity.

(2) The board of parole shall promulgate rules pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish the application and review process to determine if the criteria for an early parole grant hearing and parole have been met.

Status

In the Constitutional Protections & Sentencing Subcommittee. February 5 2019 – 25% progression, died in chamber.

Senate Bill 2213

What it would have done

Makes juvenile criminals eligible for parole after 15 years and requires the parole board to consider certain factors.

Status

Senate Judiciary Committee. Introduced on February 4 2020 – 25% progression, died in committee

What you can do

Write to the Constitutional Protections & Sentencing Subcommittee.

TEXAS

HB 686

What you can do

Email the Texas Senate.

Dear Texas Senate,

I am emailing to urge you to vote against HB 686, which would endanger Texans, traumatize victims, and deny justice. Victims should not be forced to repeatedly re-live the most horrific experiences of their lives, just so that violent criminals can have a chance to be released. Violent crime is not a youthful indiscretion. Releasing violent criminals early, just because they are juveniles, goes against the interests of Texas citizens.

H.B. 2341 & H.B. 2177

What you can do

Email the Texas House.

Dear Texas House,

I am emailing to urge you to vote against HB 2341 and HB 2177, which would endanger Texans, traumatize victims, and deny justice. Victims should not be forced to repeatedly re-live the most horrific experiences of their lives, just so that violent criminals can have a chance to be released. Violent crime is not a youthful indiscretion. Releasing violent criminals early, just because they are juveniles, goes against the interests of Texas citizens.

https://house.texas.gov/members/member-page/?district=100

https://house.texas.gov/members/member-page/?district=17

https://house.texas.gov/members/member-page/?district=7

https://house.texas.gov/members/member-page/?district=111

https://house.texas.gov/members/member-page/?district=96

https://house.texas.gov/members/member-page/?district=117

https://house.texas.gov/members/member-page/?district=82

https://house.texas.gov/members/member-page/?district=72

https://house.texas.gov/members/member-page/?district=147

https://house.texas.gov/members/member-page/?district=95

https://house.texas.gov/members/member-page/?district=42

https://house.texas.gov/members/member-page/?district=148

https://house.texas.gov/members/member-page/?district=46

https://house.texas.gov/members/member-page/?district=57

https://house.texas.gov/members/member-page/?district=142

https://house.texas.gov/members/member-page/?district=84

https://house.texas.gov/members/member-page/?district=37

https://house.texas.gov/members/member-page/?district=10

https://house.texas.gov/members/member-page/?district=28

https://house.texas.gov/members/member-page/?district=99

https://house.texas.gov/members/member-page/?district=22

https://house.texas.gov/members/member-page/?district=69

https://house.texas.gov/members/member-page/?district=79

https://house.texas.gov/members/member-page/?district=120

https://house.texas.gov/members/member-page/?district=75

https://house.texas.gov/members/member-page/?district=104

https://house.texas.gov/members/member-page/?district=41

https://house.texas.gov/members/member-page/?district=47

https://house.texas.gov/members/member-page/?district=97

https://house.texas.gov/members/member-page/?district=5

https://house.texas.gov/members/member-page/?district=85

More on Texas House Bills 686, 2341, and 2177

Texas H.B. 686, H.B. 2341, & H.B. 2177

WISCONSIN

2019 Assembly Bill 775

What it would have done

It would have prohibited “youthful offenders” under 18 from receiving LWOP. It also would have added new factors to be considers during sentencing.

Text

302.113 (1) An inmate is subject to this section if he or she is serving a bifurcated sentence imposed under s. 973.01 or, if the inmate is a youthful offender, as defined in s. 973.014 (3) (a), a life sentence imposed under s. 973.014 (3) (b) or (c) or, if the youthful offender is sentenced before the effective date of this subsection…. [LRB inserts date], s. 973.014 (1g).

Section 19. 973.018 of the statutes is created to read:6973.018Sentence adjustment for youthful offenders.(1) Definition. In
7this section, “youthful offender” has the meaning given in s. 973.014 (3) (a).8(2) Sentence adjustment; factors. A court may reduce a term of
9imprisonment, including life imprisonment under s. 973.014 (3), for a youthful
10offender who has served 15 years of his or her term of imprisonment if the court finds
11that the interests of justice warrant a reduction. In making its determination, the
12court shall consider all of the following:13(a) The sentencing factors set forth in ss. 973.014 (3) (e) and 973.017 (2c).14(b) The youthful offender’s subsequent growth, behavior, and rehabilitation
15while incarcerated.16(3) Petition for sentence adjustment. (a) One year before the youthful
17offender becomes eligible for a sentence adjustment under this section, the
18department shall provide written notice of the eligibility to the qualifying youthful
19offender, the sentencing court, the district attorney for the county in which the
20youthful offender was sentenced, and the state public defender. Notice under this
21paragraph shall include notice of the youthful offender’s right to counsel and notice
22that if the youthful offender believes that he or she cannot afford an attorney, the
23youthful offender may ask the state public defender to represent him or her.

Status

Criminal Justice and Public Safety Committee. Failed to pass pursuant to Senate Joint Resolution.

What you can do

Should it be re-introduced, write to members of the Assembly Committee or the Senate Committee it is sent to.

2019 SENATE BILL 815

What it would do

“Youthful offenders” under 18 would be able to have their sentenced adjusted after 15 years.

Text

This bill creates a sentence adjustment procedure for a “youthful offender,”
defined under the bill as a person who committed a crime before he or she turned 18
years old. This bill also prohibits a court from sentencing a youthful offender to life
imprisonment without the possibility of parole or release to extended supervision,
and creates new mitigating factors in the sentencing criteria when sentencing a
youthful offender. Finally, this bill eliminates statutory mandatory life sentences
without parole for youthful offenders in order to align with federal constitutional law.Under current law, an inmate can petition to reduce the confinement portion
of his or her bifurcated sentence after serving a certain proportion of the sentence.
An inmate who is serving a life sentence can petition to be released to extended
supervision or parole after serving at least 20 years of his or her sentence or after another date set by the sentencing court. This bill creates a new procedure for a
youthful offender, including a youthful offender who is serving a life sentence, to
receive a sentence adjustment after serving 15 years of his or her sentence. Under
the bill, one year before the inmate is eligible to petition for the sentence adjustment,
the Department of Corrections is required to notify the youthful offender of his or her
eligibility. The court may reduce the term of imprisonment for the youthful offender
and may modify the conditions of parole or extended supervision if the court
determines that the interests of justice warrant a reduction, taking into account the
factors enumerated in the bill. If the court denies the petition under the bill, the
youthful offender may petition again every five years, up to five times. Under the
bill, DOC is required to send a notice to all youthful offenders who have served at
least 14 years of their sentences within six months after the bill takes effect.

Status

Judiciary and Public Safety. Failed to pass pursuant to Senate Joint Resolution.

What you can do

Write to members of the Judiciary and Public Safety Committee.

Current Legislation

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