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 source does not provide specific details on how courts should use the new information or what happens if a court decides against changing the sentence after considering all factors.

Amendment for Compassionate Release Sentencing

This amendment requires courts to consider additional factors when reviewing requests to modify sentences under compassionate release.

What This Bill Does

• Requires courts to consider the underlying circumstances and nature of the offense, felony classification, and length of the original sentence when modifying a prison sentence due to compassionate reasons.

Who It Names or Affects

• Courts that handle requests for changing prison sentences under compassionate release.
• People who are already in prison and ask the court to change their sentence because of health or other serious personal problems.

Terms To Know

Compassionate Release

When a person in prison asks for an early release due to health issues or other serious personal problems.

Felony Classification

The category of seriousness that a crime falls into, like first-degree felony being more severe than third-degree felony.

Limits and Unknowns

• It does not specify how courts should use this new information when deciding on sentence changes.
• Does not explain what happens if the court decides against changing the sentence after considering all factors.

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.