OUTLINE OF PROPOSED BILL
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Removing the requirement for consent of the state’s attorney for a sentence modification hearing when there was a plea deal.
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Allowing courts to modify sentences below mandatory minimums.
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Requiring the court to either docket a hearing or reject the application on technical grounds within 90 calendar days, to decide the case within 30 days of a hearing, to provide the decision to the defendant within 45 days of a hearing, and to state the reasons for the decision.
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If an application is rejected on technical grounds, such as missing information or signature, allowing an amended application to be filed upon notice of rejection.
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If the application is denied in full, reducing the time for filing a subsequent application from 5 years to 2 years.
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If the application is denied in part, reducing the time for filing a subsequent application from 3 years to 2 years.