This Amendment clarifies that in addressing a motion for sentence modification under compassionate release, the court must consider the underlying circumstances and nature of the offense, the felony classification of the offense, and the length of the underlying sentence in addition to the other requirements contained in Senate Substitute No.

Plain English Breakdown

The official text defines what factors courts must consider but does not define 'Compassionate Release' or 'Felony Classification', so those definitions were removed from terms_to_know.

Amendment on Court Factors for Compassionate Release

This amendment requires courts to review specific details about a crime and the original sentence when deciding if someone can get an early release due to compassionate reasons.

What This Bill Does

• Changes Senate Substitute No. 1 of Senate Bill No. 10 by adding new requirements for judges.
• Requires courts to look at the specific circumstances and nature of the crime committed.
• Mandates that courts consider how serious the felony was classified as being.
• Directs courts to review the length of the original sentence given before any changes.

Who It Names or Affects

• Courts handling motions for compassionate release
• People who have been sentenced and are asking for a change in their sentence

Limits and Unknowns

• The text does not list what specific personal circumstances qualify as 'compassionate'.
• It does not explain exactly how much weight courts must give to each factor compared to others.
• No effective date is provided in the source material.

Official Summary Text

This Amendment clarifies that in addressing a motion for sentence modification under compassionate release, the court must consider the underlying circumstances and nature of the offense, the felony classification of the offense, and the length of the underlying sentence in addition to the other requirements contained in Senate Substitute No. 1 to Senate Bill No. 10.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Minor-Brown

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 3

TO

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 10

AMEND Senate Substitute No. 1 for Senate Bill No. 10 on line 46 by deleting "

modification

" as it appears therein and inserting in lieu thereof "

modification, including the underlying circumstances and nature of the offense, the felony classification of the offense, the length of the underlying sentence,

".

SYNOPSIS

This Amendment clarifies that in addressing a motion for sentence modification under compassionate release, the court must consider the underlying circumstances and nature of the offense, the felony classification of the offense, and the length of the underlying sentence in addition to the other requirements contained in Senate Substitute No. 1 to Senate Bill No. 10.