PDF Second Look = Second Chance: Turning The Tide Through NACDL’s Model Second Look Legislation
This report, which was released along with NACDL’s model legislation, describes the justifications for the NADCL’s second look proposal and explains why the right to petition for a sentence reduction should apply to all incarcerated people after 10 years, and periodically thereafter if warranted. It describes the logistics of a flexible second look process, setting forth a wide range of factors judges should consider in assessing whether a lengthy sentence can appropriately be reduced. It argues that states implementing this policy should provide a right to appointed counsel and describes how victims can be given a voice in second look proceedings. It argues for appellate review of second look hearings to best promote consistency and fairness for all incarcerated people. It concludes by advocating mechanisms for channeling the resulting savings back into funding the second look process itself, as well as programs that will help the individuals who receive a second chance to succeed and become productive members of society, to the benefit of all.