RESOURCES
WHY SECOND LOOK SENTENCING?
Sentences Should Get a Second Look After 10 Years Served (2022)
From the National Association of Criminal Defense Attorneys: “It has become increasingly clear that any meaningful effort to turn the tide of mass incarceration must grapple with the epidemic of extreme sentences that has taken hold of the United States prison system.”
Longer Sentences Do Not Increase Deterrence (2016)
A 2016 study of more than 20,000 incarcerated individuals released early from prison that shows that “the majority of deterrence is derived from the first few years in prison”, i.e., longer prison sentences do not increase deterrence.
Second-Look Sentencing in the U.S.: What is Working? (2023)
The Sentencing Project writes that one of the tools that states are implementing to reduce mass incarceration is “second-look sentencing.” Second-look sentencing policies allow judges to review and reconsider lengthy sentences after the defendant has served a significant period of incarceration. This webinar explores different attempts to implement second-look sentencing policies and evaluates which systems have achieved the identified goals.
Extensive links to sites relating to second look sentencing.
Recidivism of Prisoners Released in 34 States in 2012: A 5-Year Follow-Up Period (2012–2017)
A key finding is that incarcerated individuals “age out” of crime.
Victims Themselves Favor Sentence Modification (2022)
This study by the Alliance for Safety and Justice “revealed a profound gap between the needs and preferences of crime victims and U.S. justice system priorities. The study found that most victims do not receive help in the aftermath of crime, and perhaps to the surprise of some, victims overwhelmingly prefer safety approaches that prioritize rehabilitation and prevention over punishment.”
The Public Supports Second Look Sentencing (2023)
In a national survey of more than 1,000 respondents, a majority of the public supported second look sentencing. Opposition to the policy was low, even for petitioners convicted of murder.
Parole Boards Must Not Be the Only Path to Sentence Modification (2015)
“A months-long Marshall Project investigation reveals that, in many states, parole boards are so deeply cautious about releasing prisoners who could come back to haunt them that they release only a small fraction of those eligible — and almost none who have committed violent offenses, even those who pose little danger and whom a judge clearly intended to go free.”
Connecticut’s Commutation Policies are Out of Step with Emerging National Norms (2023)
The CT Board of Pardons and Paroles steps back from expanded commutation eligibility and returns to restrictive policies.
The Criminal Justice System Doesn’t Always Get Sentencing Right (2019)
“The federal criminal justice system asks too much of prosecutors, probation officers, and judges to determine, at the front-end during charging and sentencing decisions, which defendants need to be incapacitated and are unredeemable. Those predictions of risk at the front end are often wrong, and that is why the federal criminal justice system needs overlapping second look provisions. This essay describes several avenues that federal decision-makers can use to identify people serving needlessly long sentences and who are no longer a danger to society, and then reduce that person's sentence.”
MODEL LEGISLATION
NACDL Model “Second Look” Legislation
The National Association of Criminal Defense Lawyers’ Model legislation for a SECOND LOOK SENTENCING ACT.
FAMM – Existing Second Look Laws and Models (2023)
A spreadsheet of Second Look legislation for all 50 states.
ACLU of CT – Blueprint for Smart Justice (2019)
The American Civil Liberties Union’s comprehensive plan includes recommendations for sentence modification in CT.
ABA – 10 Principles for Ending Mass Incarceration and Lengthy Prison Sentences (2022)
“Resolution 604 adopts the American Bar Association’s Ten Principles on Reducing Mass Incarceration and urges all legislative and governmental bodies to implement policies consistent with these guidelines. Principles include adopting ‘second look’ policies that require regular review and, if appropriate, reduction of lengthy sentences.”
Modification of Long-Term Prison Sentences after 15 Years Served (2019)
“This provision . . . creates a “second-look” process for sentence modification available to prisoners who have served exceptionally long terms. After 15 years of continuous confinement, prisoners are given the right to apply to a judicial panel or other judicial decisionmaker for possible modification of their original sentences.”
MASS INCARCERATION
Ending Mass Incarceration in Connecticut: A Path Forward (2019)
The ACLU’s blueprint for Smart Justice in CT – current incarceration statistics and a path to ending mass incarceration.
The Sentencing Project – 50 Years of Mass Incarceration Must End (2023)
JUVENILE JUSTICE
LWOP Too Extreme for Juveniles – National Conference of State Legislatures (2022)
Key Cases for LWOP Juvenile Sentencing – National Conference of State Legislatures (2023)
COMPASSIONATE/ELDER RELEASE
Current Compassionate Release Statutes – Connecticut Sentencing Commission (2022)
Info Sheet on Medical Parole – CT Board of Pardons and Paroles (2020)
Info Sheet on Compassionate Parole – CT Board of Pardons and Parole (2020)
Medical and Geriatric Parole Laws for the 50 States – National Conference of State Legislatures (2018)
THE COSTS OF PRISONS
Crime Down, Spending on Prisons Up in Connecticut (2020)
Connecticut prison populations are at their lowest in 30 years, but the DOC budget is rising.
What Incarceration Costs Taxpayers – VERA Institute of Justice (2010)
Philadelphia Prosecutors to Provide Cost-Benefit Analyses at Sentencing (2018)
The Philadelphia DA has instructed his prosecutors to state, for the record, the estimated cost to taxpayers for any period of incarceration they recommend as well as to note the individual costs of things like lost income and separation from family.
STILL LIFE -- America’s Increasing Use of Life and Long-Term Sentences (2017)
The Sentencing Project examines the overuse of life sentences, and recommends corrective actions. A key finding is that LWP and LWOP sentencing continues to increase despite historically low violent crime rates.
DAs and Law Enforcement Call for Second Look (2021)
“As current and former elected prosecutors and law enforcement leaders from across the country, we know that we will not end mass incarceration until we address the substantial number of individuals serving lengthy sentences who pose little or no risk to public safety. We call on all other leaders, lawmakers, and policymakers to take action and address our nation’s bloated prison populations.”
DAs and Law Enforcement: Framework for Sentence Review (2020)
“This FJP “Issues at a Glance” brief discusses why, consistent with their mission to promote public safety, fiscal responsibility, and justice, [we] prosecutors should seek to review and address excessive sentences that are currently being served. It then looks at the types of mechanisms that may be available for this purpose, depending on the jurisdiction. Finally, it provides specific recommendations of steps that elected prosecutors can take to advance sentencing review and promote second chances as a mechanism to remedy past extreme sentences.”
Federal Study Reveals No Difference in Recidivism When Sentences Were Modified (2018)
The U.S. Sentencing Commission followed 7,823 offenders for 3 years following release from prison. It was found that the recidivism rates were virtually identical for offenders who were released early through retroactive application of the FSA [Fair Sentencing Act] Guideline Amendment and offenders who had served their full sentences before the FSA guideline reduction retroactively took effect.
Life Without Parole Sentencing: Hastily Conceived, Ineffective, Hard to Unravel (2023)
LWP, LWOP and extreme sentencing were passed hastily, without due consideration of effects on the corrections system or society or state budgets. In fact, the Corrections community in CT initially opposed LWOP. Now that the unintended consequences of extreme sentencing are clear, a return to more appropriate sentencing is proving difficult.
How Are Other States Doing with Second Look? (2022)
A roundup by The Sentencing Project on what is happening with second look in CA, NY, and DC.
KEY INCARCERATION STATISTICS IN CT
5 commutations out of 224 applications were granted (pp17-18).
CT Supervised Population: 1969-2022
CT Parole Statistics 2012-2022
CT Final State Budget 2022-2023
After adding in pension obligations, capital expenses, fringe benefits, and other costs that appear on different budget lines, the budget allocated for the Department of Correction is a fraction of the total cost.