Second Look Act draws hours of testimony in House Judiciary Committee

Yahoo

19-02-2025

A packed hearing room sat through hours of respectful, but tense, testimony over a bill that would let inmates petition for a sentence reduction after 20 years in prison. (Photo by Jack Bowman/Maryland Matters)
For almost three hours, the exchanges were respectful but the tension was palpable as speakers debated a bill that would let inmates petition for a reduction in their sentences after 20 years in prison.
There were brief moments of raised voices, occasional murmurs from the packed hearing room and a few speakers moved to tears. But for the most part, the sides stuck to the facts before the House Judiciary Committee as they debated whether inmates deserve a second look.
The bill known as the Maryland Second Look Act would let an incarcerated individual file a petition to have their sentence reduced once they have served 20 years. The petition, filed in the circuit court where they were sentenced, could be approved by the court if the judge determines the inmate is no longer considered a danger to the public.
More than 1,700 currently incarcerated individuals had served 20 or more years of their sentences as of January, according to the Department of Public Safety and Correctional Services. More than 300 of those were serving life without parole sentences.
Proponents say the bill would provide another avenue for incarcerated individuals who have been rehabilitated to rejoin society. Among the many speakers who testified in support of the bill were survivors of crime, members of advocacy groups and religious figures, and several who had served time in prison.
'We believe that they are worthy of a second opportunity,' said Anthony Muhammad, who told the committee that he has used his proverbial second chance to participate in community engagement.
Muhammad said he was arrested at age 15 on two homicide charges and sentenced to life plus 20 years before being released after nearly 30 years, under the Juvenile Restoration Act. He said he knows dozens of individuals who have been incarcerated for decades, 'have demonstrated their maturity and rehabilitation' but have not been given the second look the bill would allow for.
Supporters like Curtis Alston argued that incarcerated individuals can bring positive change on their release. Alston, who was appointed by Gov. Wes Moore to a task force studying inmate reentry, had previously been sentenced to multiple life terms. He said that people like him who have seen their sentences cut short have made a difference in their communities.
'Do you know how many people and how many lives that we have already saved since we've gotten home?' Alston said, raising his voice. 'Do you think that it's just the police force that has caused the homicide rate to go down?'
While opponents were vastly outnumbered, they were just as passionate in their arguments over the proposal. One, Theresa Darvish, lost her son to a murder in late 2021.
Darvish, after describing the devastation of losing her son, took issue with the bill allowing for a judge to reconsider a sentence once it has already been decided on, calling the proposed measures 'rampant and ambiguous.'
'This [bill] is retroactive,' Darvish said. 'But my judge cannot go back and retroactively resentence the thug, the murderer.'
Opponents also point to the prospect of victims being forced to relive their trauma by relitigating the sentence when an inmate's petition is heard. Victims would be notified but would not be required to appear or testify when a case is reconsidered, but opponents say that reopening cases would be traumatizing.
SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
'When does it end?' Baltimore County State's Attorney Scott Shellenberger (D) asked the committee. 'Somebody already said it doesn't end, and you're right. Don't add to it not ending.'
Speakers on both sides were pressed by committee members on the issue of forcing victims to relive their trauma. Other concerns voiced by opponents included recidivism and the concept of the law giving a perceived break to violent offenders.
This is the second year for the Second Look Act, which passed the Senate in 2024 only to stall in the House. Del. Cheryl Pasteur (D-Baltimore County) was the lead sponsor last year and again this year, when the bill has garnered far more cosponsors.