Vermont H 379: An act relating to a reciprocity requirement for out-of-state consumer shipping licenses

Bill Text

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H.379 1
Introduced by Representatives Maguire of Rutland City and Burditt of West 2
Rutland 3
Referred to Committee on 4
Date: 5
Subject: Crimes; judiciary; sentencing; second look 6
Statement of purpose of bill as introduced: This bill proposes to create a 7
procedure under which an incarcerated person serving a term of imprisonment 8
of at least 15 years who has served not less than 15 years may petition the 9
sentencing court for a reduction of the person’s term of imprisonment. 10
An act relating to second look sentencing 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. FINDINGS AND INTENT 13
(a) Findings. 14
(1) According to the Vermont Department of Corrections, 20 percent of 15
the State’s incarcerated population of 851 sentenced offenders are serving life 16
sentences—151 persons with the possibility of parole and 14 persons serving 17
life without the possibility parole or a “virtual life sentence” of 50 years or 18
more. 19

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(2) Department of Corrections’ data shows that Vermont’s 20 percent 1
figure exceeds the national average, in which approximately one in seven 2
incarcerated persons are serving a life sentence. 3
(3) The Sentencing Project’s research demonstrates that Vermont’s 4
offenders subject to a life sentence increased by 11 percent between 2020 and 5
2024. 6
(4) According to the U.S. Census Bureau and other sources, the per 7
capita cost of incarceration in Vermont is $134,218.00. 8
(5) According to academic research, there are 52 persons with some 9
form of a life sentence who are 55 years of age or older, carrying an annual 10
care cost of $6,979,336.00, excluding care costs relating to common chronic 11
health conditions experienced by this population segment. 12
(b) Intent. It is the intent of the General Assembly to decrease the numbers 13
of incarcerated persons subject to a life sentence and reduce the costs 14
incarcerating this population by offering a “second look” at their sentences 15
through a judicial review by judges that permits granting relief from life 16
sentences for those persons who are deemed worthy of a reduced sentence. 17
Sec. 2. 13 V.S.A. § 7046 is added to read: 18
§ 7046. SECOND LOOK SENTENCING 19
(a) Short title. This section may be cited as the “Second Look Sentencing 20
Act.” 21

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(b) Second look. Notwithstanding any provision of law to the contrary, an 1
incarcerated person serving a term of imprisonment of at least 15 years who 2
has served not less than 15 years may petition the sentencing court for a 3
reduction of the person’s term of imprisonment. 4
(c) Procedure. 5
(1) Not more than 90 days after the date on which a person’s 15th year 6
of imprisonment begins, the Department of Corrections shall provide written 7
notice of the Second Look Sentencing Act to: 8
(A) the incarcerated person eligible for a sentence reduction; 9
(B) the sentencing court; 10
(C) the prosecutor’s office; and 11
(D) the Office of the Public Defender. 12
(2) A petition for a sentence reduction pursuant to this section may be 13
filed six months after the date on which the 15th year of imprisonment begins. 14
(3) The petition shall be filed with the sentencing court and may include 15
affidavits, declarations, letters, correctional records, or any other written or 16
electronic material relevant to the petition. The petition shall include: 17
(A) the name of the incarcerated person; 18
(B) the name of the petitioner, if different than the incarcerated 19
person, along with a factual statement of: 20
(i) the petitioner’s relationship to the incarcerated person; 21

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(ii) an explanation of why the incarcerated person cannot file the 1
petition; and 2
(iii) how the petitioner is acting in the best interests of the 3
incarcerated person; 4
(C) any relevant docket number; 5
(D) any offense for which the qualifying term of imprisonment was 6
imposed; 7
(E) any term of imprisonment being served for each docket number; 8
(F) the date of any offense and any qualifying sentence imposed; 9
(G) the specific offenses for which the petition is requesting a 10
reduction in sentence; and 11
(H) a factual statement detailing how the incarcerated person meets 12
the eligibility requirements of the Second Look Sentencing Act. 13
(4) A petition filed pursuant to this section shall be assigned to the judge 14
who imposed the original sentence upon the incarcerated person, if available, 15
unless the petitioner requests otherwise. 16
(5) If the court determines that the facts stated in the petition are 17
insufficient, the court may provide an opportunity to amend the petition when 18
justice so requires. The court may also issue an order denying the petition and 19
notify the petitioner and the incarcerated person,