MA Second Look Reference Guide
Quick Reference Guide
Second Look legislation grants an incarcerated person the opportunity to petition the court for a reduced sentence after having served a lengthy period of incarceration.
Eligibility is based on the following criteria:
| Age at Time of Offense | Loss of Life? Yes/No | Eligible to Petition After: |
|---|---|---|
| 25 years (or younger) | No | 10 years |
| 25 years (or younger) | Yes | 15 years |
| 26 years+ | No | 12 years |
| 26 years+ | Yes | 18 years |
Petition Denied
Court must articulate specific reasons for denial.
The petitioner can re-petition after 2 years, unless the court requires them to wait longer - up to 5 years.
The court can only deny the petitioner once - after that, the court must lay out objective criteria for the incarcerated person to meet before filing the next petition.
Hearing Granted?
Hearing must be held within 45 days if a person “has one or more medical conditions leading to major limitations, including mental illness or developmental disability.”
Must be held within 90 days if person is 55+ years old and served 20 years.
Otherwise, held within 180 days.
After the Hearing
On the day of the hearing or within 30 days, the court must detail the reasons for granting or denying a reduction.
Unless the court finds that the incarcerated person poses a significant risk of violent recidivism or that the person has not demonstrated rehabilitation, it should be presumed that their sentence will be reduced by at least 20% or to no longer than 5 years of incarceration following the date of the petition filing.
Judge must take into consideration factors like:
History & characteristics of person present day
Demonstrated rehabilitation
Record while incarcerated
Age at time of offense
Nature of offense & role in the offense
Possibility of wrongful conviction
If the person was subjected to human trafficking or to physical, sexual, or emotional abuse in childhood household and that trauma contributed to the crime
Sentences can only be reduced; they cannot be increased.
MA Second Look Bill H3955 Talking Points
Persons petitioning under “Second Look” have served a minimum of 10 to 18 years in prison before being considered.
The Judge overseeing the hearing often has familiarity with the person and the case.
Survivors of crime have the right to appear at the hearing and object or support the sentencing reduction.
The incarcerated person is only granted a sentence reduction if the court finds they do not pose a threat to public safety AND they have demonstrated rehabilitation.
Sentencing reduction does not guarantee immediate release.