When I was a brash 18-year-old in New York, in 1973, I got busted for having 3 ounces of pot. Shortly before that, New York’s Governor Nelson Rockefeller had pushed through legislation – under his “tough on crime” platform – making the possession of even small amounts of cannabis a felony. That’s what I was charged with. Fortunately, my family could afford a lawyer. I had no priors. I was white. The cop was white. The judge was white. I ended up with 3 years unsupervised probation, at which time the records would be sealed. My life went on unencumbered by a criminal record.
Many do not share the privilege that I have had. But to its credit, in the past decade, Connecticut has emerged as a national leader in criminal justice reform, enacting Clean Slate (criminal record erasure) legislation, eliminating mandatory minimums for drug possession in school zones, and raising the age for parole eligibility from 18 to 21, to name a few.
While the incarcerated population in the state reached record lows in 2021, these numbers have started to rise again, signaling that our decarceration efforts are far from over. But adopting second-look sentencing could offer us a clear path forward.
Second-look sentencing is the practice of allowing judges to review lengthy and excessive sentences after a person has served time, offering a more permanent and consistent solution than ad-hoc commutations that are subject to political pressure. It is broadly supported by both survivors of crime and the broader public, and other jurisdictions have taken note: since 2014, the federal government and at least nine states have adopted second-look sentencing with great success. Many prosecutors also agree that revisiting excessive sentences is consistent with public safety and justice.
Research shows that people who are released early under second-look reviews are no more likely to return to prison than people who served full sentences. This is particularly true because many people who are currently serving excessive sentences are aging in prison and, therefore, unlikely to undermine public safety when released.
It is clear that mandating second-look review of sentences after 10 to 15 years served is not simply a compassionate practice – it is common sense.
Yet, the pardons and parole system in Connecticut has not caught up to modern research and best practices. Currently, there are over 1,100 people over the age of 55 who are incarcerated in CT state prisons. Data shows that excessive sentencing has disproportionately affected people of color in both Connecticut and the US, more broadly.
Many of the people currently serving lengthy prison sentences were convicted decades ago, under aggressive tough-on-crime policies that have since been denounced. We know from the failures of mass incarceration that excessive sentences are not effective public policy. Second-look offers people a second chance by reassessing sentences based on evolving sentencing norms, emerging understanding of brain development, a person’s current risk to public safety, as well as the growth they have shown since they were first convicted.
I became an advocate for second-look legislation after being a volunteer mentor for 7 years to an incarcerated individual who I’ll call “J”. He is serving a life-without-parole (LWOP) sentence for a murder that he committed just after his 20th birthday. J is black, was raised in troubled circumstances in the Bronx, got drawn into drug dealing, and was drunk the day in 1996 when he quarreled with another young man. Shots were fired, and the other man died. J confessed to the crime. But the LWOP sentence that he received was unjust. J’s legal representation by a public defender was a disgrace. The Governor of New York – just like in my day – wanted to show how tough-on-crime he was and pressured his District Attorneys to seek extreme sentences. J has regretted his actions every day of his life since he pulled the trigger. He is not the man today – after 28 years inside – that he was then. By every measure, he now meets the definition of “rehabilitated.” Yet he remains in prison because New York lacks a second-look statute.
Connecticut also lacks second-look. Despite our progress in recent years, parts of our criminal legal system remain unjust, waste taxpayer dollars, and fail to incentivize rehabilitation. Second-look legislation is a common-sense solution that would redress historic racial discrimination in sentencing practices and re-invest state funding in alternatives to incarceration that support individuals and communities alike, while still protecting public safety.
I believe that almost everyone has the capacity to change. Through its decarceration and criminal justice reform efforts in recent years, Connecticut has suggested the same. We can’t stop now. It is time that we extend that recognition to people who are currently serving excessive sentences. Connecticut must enact second-look legislation and undo the harm caused by ineffective, wasteful, and excessive sentences.
Randal Chinnock is the Founder and Principal of The Connecticut Second Look Sentencing Project, www.CT2ndLOOK.org.
This op-ed originally appeared in the Connecticut Post on March 9, 2024
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