By Robert Simels
Originally published in amNewYork on
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Robert Simels makes the case for New York's proposed Second Look Act, a bill that would let judges take a fresh look at long prison sentences after a person has served a substantial part of them. He opens by contrasting the bill with renewed calls in Washington for more mandatory minimum sentences, and argues that long sentences imposed years ago deserve meaningful review.
Simels notes that 25 states, the District of Columbia and the federal government have adopted some form of second look sentence review. In the federal system, he explains, the main tools are compassionate release and First Step Act credits, and many offenses are not eligible for those credits. He traces the modern movement to the Supreme Court's decisions in Graham (2010) and Miller (2012), which limited the harshest sentences for young people and prompted states to revisit how they punish.
New York, he writes, has no second look law. People serving long terms must rely on clemency, motions under Criminal Procedure Law 440, or parole, each of which he describes as narrow. He cites figures from the article showing that nearly 9,000 New Yorkers are serving life sentences, and he points to the political fear that followed the 2019 bail changes as a reason lawmakers hesitate.
Simels walks through the bill. A person could apply after serving 10 years or half of the sentence. Prosecutors could consent to applications from people who would otherwise be ineligible. There would be a presumption of resentencing for people who are over 55 at the hearing or were under 25 at the time of the offense. Applicants would have a right to counsel, victims could take part, and the judge would keep discretion over the result. His one proposed change is that a different judge, not the original sentencing judge, should be able to hear these petitions.
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This page is a summary prepared for robertsimels.com. The full commentary was published by amNewYork and remains on amNewYork's site.
Robert Simels. Robert Simels hosts the podcast Injustice for All and serves as a consultant on criminal justice matters. He is no longer practicing law.
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