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Staff Publications

Second Look Sentencing

Courts & Judicial
Crimes, Corrections, & Enforcement

This memorandum provides information concerning second look sentencing.  Second look sentencing refers to sentence modification that occurs while an offender is serving his or her term of incarceration.  This memorandum briefly describes second look sentencing and discusses the differences between it and other forms of sentence modification.  The memorandum then explains second look sentencing schemes for juveniles in other states, describing Oregon’s scheme in detail, as well as discussing a recently created Colorado program for juvenile offenders. It also describes the American Law Institute’s Model Penal Code’s proposed second look sentencing policy, and concludes with a brief discussion of concerns relating to the separation of powers doctrine.

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details