LANSING, Mich. – Three Michigan legislators announced bills that would offer incarcerated people an opportunity to request a reduction of their sentence after serving at least 10 years.
The Second Look Sentencing Act would offer incarcerated people the opportunity to petition their sentencing judge for a reduction of their sentence after serving at least 10 years and if they are no longer a risk to the community.
Currently, incarcerated people in Michigan state prisons are required to serve their minimum sentence. That is in contrast to federal prisons, where people are able to earn credits for good behavior.
The Second Look Sentencing Act was announced Wednesday morning on the Capitol steps by Sen. Stephanie Chang (D-Detroit), Sen. Paul Wojno (D-Warren), Rep. Jimmie Wilson (D-Ypsilanti), with support from advocates, former justice-involved residents and their families.
“This is smart legislation. This policy will help reunite family members and provide a second chance for those who have served a significant amount of time in prison, changed themselves for the better, and have much to offer to our state,” said Sen. Chang. “This legislation gives these individuals who have already served a long time in prison the opportunity to be resentenced so they can return to their communities as productive, valuable residents.”
The legislation would make it so the incarcerated person, their lawyer, or the prosecutor would be able to petition the sentencing judge for a reduction of their sentence.
A judge would consider several different factors when deciding whether to reduce the sentence or not. Some of the factors the judge would consider are listed below:
- The age of the person at the time of the crime and research on brain development.
- The person’s history while incarcerated.
- The person’s role in the offense compared to other co-defendants.
- Relevant evidence about the person’s mental or physical health now or at the time of the offense.
- Whether the person was a victim of human trafficking.
- Whether the person experienced domestic abuse.
Legislators said 30% of incarcerated people in Michigan have already served 10 years of their sentence and nearly one in five have already served 15 years. They said that among the group are elderly people and people who were under the age of 25 at the time of the crime.
“Living through a decade can change a lot of things -- the way we think, how we talk, or how we act. Our brains change and grow, and the decisions we once made are not the decisions we would make now,” said Rep. Wilson. “This legislation allows us to put that understanding into action by giving deserving folks the chance to have their sentence reduced so that they may return to their family, friends, and community.”
Legislators also cited the cost to keep an individual incarcerated. They said the average cost is $47,000 per year in Michigan.
“It’s no secret that the cost to incarcerate someone is extremely high. Rather than allow this expense to continue to grow as costs rise and force families and friends to be away from each other for extreme periods of time, why not give these individuals the opportunity to have their sentences reviewed so they may return to their community,” said Sen. Wojno. “Saving taxpayer dollars and giving deserving folks a second chance at positively contributing to their community is a win.”
The Second Look Sentencing Act is expected to be introduced in the coming week.