The New York Second Look Act is proposed legislation designed to allow individuals incarcerated in New York State prisons to petition for sentence reductions after serving a significant portion of their sentences. Specifically, the act would enable those who have served either ten years or half of their sentence—whichever is less—to apply for a sentence reduction. This initiative aims to provide incarcerated individuals with an opportunity to demonstrate personal growth and rehabilitation, potentially leading to a more just and rehabilitative criminal justice system.
The Second Look Act has garnered support from various organizations and legal experts. For instance, the New York State Bar Association's Task Force on Racism, Social Equity, and the Law has expressed strong support for the legislation, emphasizing its potential to empower courts to impose sentences appropriate for each case and to review lengthy sentences, thereby reducing the overall time individuals spend incarcerated.
The Facts
What is the Second Look Act?
The act would ultimately allow defense lawyers to file motions directly on a client’s behalf to criminal court judges in an effort to have a judge consider reducing a state prison term. This would dramatically reduce New York’s prison population and would allow individuals to re-enter society and contribute in a positive fashion.
The Second Look Act is not yet a law. However, as of February 2025, the Second Look Act is under consideration in the New York State Legislature. Advocates continue to push for its passage, highlighting its potential to reform sentencing practices and promote rehabilitation within the state's correctional system.
Why Would New York Pass the Second Look Act?
Nationally, the Second Look Act aligns with a broader movement advocating for sentence review laws. Several states, including Illinois, Louisiana, Maryland, and Oregon, have enacted similar legislation, allowing for the reconsideration of sentences after individuals have served a substantial portion of their terms.
These laws aim to address the consequences of lengthy sentences and provide avenues for individuals to seek sentence reductions based on rehabilitation and changed circumstances. More specifically, these laws:
- Allow judges to review and reconsider excessive sentences. Cases will be heard by a different judge than the initial sentencing judge.
- Allow incarcerated people to apply for a resentencing hearing after they have served 10 years or half of their sentence (if the sentence is over a decade). If a person is otherwise ineligible, the prosecutor can consent to their resentencing application.
- Create a presumption that resentencing will be granted if the person is over 55 years old at the time of the resentencing hearing, or was under 25 years old at the time the crime occurred. This provision reflects the Department of Corrections and Community Supervision (DOCCS) assessment of aging in prison and neurological research on young adults and developing brains.
- Guarantee the right to counsel at every stage of second look proceedings.
Who Would Be Eligible for a Second Look?
While the criteria is still being discussed, those eligible for the Second Look Act would likely include first-time offenders and those who were convicted of non-violent felony offenses.
However, it is conceivable that those convicted of violent felonies may still be eligible for some sort of sentence reduction – hence, someone who has never committed a crime before, but was sentenced on a violent felony to twenty years’ imprisonment, may be eligible for a reduction.
What Would the Petition Process Look Like?
The petition, application, and motion process would likely entail having a defense lawyer file a comprehensive motion to a criminal court judge. This motion would include information about the underlying case, the conviction, and importantly, the client’s disciplinary record while incarcerated. If the client has completed college courses and other programming while incarcerated, this information would be included in the court petition, along with character letters in support. Ideally, the strongest applications would include the prosecutor’s consent to the sentence reduction.
Factors Considered by the Court
Here are factors considered by the Court:
- Underlying Conviction
- Acceptance of Responsibility and Remorse
- Disciplinary record while incarcerated – educational courses and counseling
- Character letters in support
- Exit Plan - Does the individual have a place to live, employment prospects, and family support.
What States Have the Second Look Act?
As mentioned several states, including Illinois, Louisiana, Maryland, and Oregon, have enacted similar legislation, allowing for the reconsideration of sentences after individuals have served a substantial portion of their terms.
The Outlook
How Long Will This Take to Become Law?
Based on the New York State legislature’s calendar, the Second Look Act would likely be enacted during a budget proposal. This typically takes place in the month of June. it remains to be seen if this legislation will be voted on in June of 2025 or even June of 2026.
When Should I Speak with a Criminal Defense Attorney About the Second Look Act?
It is never too early to consult with a state criminal defense attorney about a sentence reduction. Even if the Second Look Act itself is not passed right away, we can begin to lay the groundwork for a successful application. Moreover, there may be other ways to explore a sentence reduction or even a post-conviction appellate effort in order to secure your release through a 440 motion or direct appeal.
What To Do Next
It is important to keep an eye on how the Second Look Act gains momentum in the state legislature. Ultimately, if the Second Look Act is passed, judges and prosecutors will be facing a flurry of motions from individuals looking for a sentence reduction. As mentioned above, it will be advantageous to lay the groundwork for a thorough, organized petition which lays out the reasons why you should be given a second look and why a prosecutor should consent to this request.
If you have questions about your sentence and ways to reduce your term of imprisonment – whether through a direct appeal, 440 motion, or a Second Look Act motion – please contact the Law Offices of Jason Goldman to discuss your matter.