Convicted felons in Maryland could soon petition for early release with bill advancing
Convicted felons in Maryland could soon have a chance to petition for reduced sentences under a new bill that is one step closer to becoming a law.
The Second Chance Act, or House Bill 724, which would apply to convicted felons who have already served 20 years and are not a danger to the public, passed the House chamber and now heads to the Senate.
Under the proposed bill, petitions would be filed once every three years.
Per the measure, the courts would consider factors including the individual's age at the time of the offense, behavior during incarceration, participation in educational programs, and public safety risk.
Similar proposed laws
A similar bill, the Maryland Clean Slate Act, would direct the Department of Public Safety and Correctional Services to clear marijuana possession records and cases at least three years old. The bill would also allow for expungement of misdemeanor charges after seven years.
However, domestic-related crimes and second-degree assault charges would remain ineligible for expungement under the proposed law.
If passed, the legislation would require all electronic court records of cases eligible for expungement to be removed from public view starting in August 2027. The bill specifies that physical documents and media would not need to be redacted or destroyed.
After recreational cannabis was legalized in Maryland in July 2023, Gov. Wes Moore pardoned more than 175,000 convictions for cannabis or drug paraphernalia possession.
Impact of existing sentence reduction laws
Currently, the Juvenile Restoration Act allows people who served at least 20 years of a sentence for a crime they committed when they were under the age of 18 to request a sentence reduction. The law passed in 2024, also prohibits the courts from sentencing minors to life imprisonment without the possibility of parole or release.
According to a 2024 report by the Second Look Movement, nearly one-third of people serving life sentences are 55 or older, which amounts to more than 60,000 people. The report also says that lengthy sentences do not significantly deter crime and that people tend to desist from crime as they age.
In December 2023, the Maryland Equitable Justice Commission shared recommendations to reduce mass incarceration in the state and reduce racial disparities in the justice system.
The commission said that Maryland has the highest amount of Black individuals in its prisons when compared to the state population. Expanding second look laws, limiting the automatic charging of children in adult criminal court, and increasing the number of people eligible for parole consideration due to serious medical conditions, or reaching an age where they are no longer a threat to public safety.
