Michigan prison sentences are longest in nation. Bipartisan bills could fix that

Yahoo

21-03-2025

Michigan has a sentencing problem.
According to the Council on Criminal Justice, Michigan's average prison sentence length is roughly three times the national average, and the state leads in the proportion of its prison population serving sentences longer than 10 years.
This is a direct result of the excessively harsh 'tough-on-crime' policies of the 1990s, leaving Michigan with an aging, costly prison population and a rigid sentencing system that fails to adapt to modern realities.
Now, Michigan has an opportunity to address this challenge through a conservative and pragmatic solution: the Second Look Sentencing Act. This proposed legislation, approved by the House Criminal Justice Committee last year, would allow individuals who have served at least 20 years to petition their original court for a sentence reduction.
A judge — either the original sentencing judge or one from the same jurisdiction — would review the individual's behavior while incarcerated, the circumstances of their offense, and victims' perspectives before deciding whether to reduce their sentence. Anyone approved would still serve the remainder of their reduced sentence and be subject to parole review before release.
This is not a blanket release. Those convicted of criminal sexual conduct, terrorism, mass shootings and certain domestic violence cases would remain ineligible. The proposed legislation would ensure public safety while recognizing that excessively long sentences often outlive their purpose and fail to reflect personal transformation.
Second Look legislation is not about being soft on crime — it is about being smart on justice. It recognizes that justice is not static and people can change over decades. The legislation ensures that victims have a meaningful role in the process, offering opportunities for closure and accountability.
Last year, House Speaker Joe Tate, D-Detroit, refused to bring the Second Look Sentencing Act to a floor vote after it was passed by the House Criminal Justice Committee, preventing meaningful debate and shielding legislators from having to take a public stance on the issue. This move effectively blocked much-needed criminal justice reform and maintained the status quo of excessively long prison sentences that continue to punish individuals far beyond any public safety benefit.
Then, in January, House Speaker Matt Hall, R-Marshall, announced that for the next two years, criminal justice reform legislation — including the Second Look Sentencing Act — would not move forward under his leadership. By preemptively shutting down any discussion on sentencing reform, Hall ensured that Michigan would remain stuck with outdated policies that burden taxpayers, worsen staffing crisis in prisons and deny the state the opportunity to implement smarter, more effective justice policies.
Michigan's growing population of older incarcerated individuals highlights the urgent need for reform. In 1990, the average prison sentence in Michigan was 6.3 years. Today, it has doubled to 12 years, excluding more than 4,400 people serving life sentences.
Sentences of 20 years or more have increased from 12% of the prison population in 1990 to 30% today. Nearly one in five people in Michigan prisons is over the age of 55 — a demographic that is costly to incarcerate and poses minimal public safety risk.
There is clear evidence that older individuals are far less likely to reoffend. The U.S. Sentencing Commission found that recidivism rates drop sharply with age, from 38% among those released at ages 21–24 to just 4.1% for those 65 or older. Yet Michigan taxpayers continue to pay for incarcerating individuals whose risk to society is negligible. The cost of incarcerating older individuals is three times higher than that of younger inmates due to increased medical needs.
By allowing judges to reassess sentences after 20 years, Michigan could save millions. A cost-benefit analysis conducted at the Gerald R. Ford School of Public Policy estimates that around 3,737 individuals currently incarcerated would qualify for Second Look resentencing. Over the next decade, this could save the state $100–$150 million in expenses like food, transportation, and medical care. Closing even one prison facility could save an additional $800 million.
Speaker Hall's refusal to consider Second Look sentencing puts these potential savings — and the opportunity to modernize Michigan's justice system — on hold. His stance also ignores the bipartisan momentum for criminal justice reform nationwide, where Republicans and Democrats recognize that smarter sentencing policies reduce costs and increase public safety.
Second Look has broad appeal across the political spectrum. Many conservatives support it because it aligns with fiscal responsibility, reduces government waste and prioritizes resources for those who truly pose a public safety threat. Progressives back it because it reflects fairness, dignity and the belief in human potential for redemption.
Refusing to act on Second Look harms Michigan's economy, its corrections system and its communities. It exacerbates staffing shortages, worsens conditions for both incarcerated individuals and prison employees and perpetuates a system that is expensive and ineffective.
Michigan needs a comprehensive sentencing strategy that prioritizes fiscal responsibility, public safety and human dignity. The Second Look Sentencing Act is a pragmatic, conservative, and compassionate step forward. Lawmakers should not let partisan politics or misguided rhetoric stand in the way of meaningful reform.
We urge lawmakers from both sides of the aisle to move forward on Second Look. Michigan cannot afford to cling to outdated sentencing policies that burden taxpayers and overlook the humanity of those incarcerated. Second Look is not a partisan issue — it is a Michigan issue.
Jeffrey D. Morenoff is associate dean of the Gerald R. Ford School of Public Policy, director of the Center for Local, State, and Urban Policy and a professor at the University of Michigan's Department of Sociology and Institute for Social Research.
Noah Attal is a graduate student and researcher at the University of Michigan.
Peter J. Martel is a deputy director of the American Friends Service Committee.
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This article originally appeared on Detroit Free Press: Michigan Second Look bills could fix prison sentencing issue | Opinion