The Second Look Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 589

Short Title: The Second Look Act. (Public)
Sponsors: Representatives Morey, Price, A. Jones, and Greenfield (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 1, 2025
*H589-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO IMPLEMENT CRIMINAL SENTENCE REDUCTION REFORM. 2
Whereas, there are nearly two million people in American prisons and jails, a five 3
hundred percent (500%) increase over the past fifty years; and 4
Whereas, research has repeatedly shown that lengthy prison sentences do not 5
significantly deter crime and instead divert resources away from essential public safety services 6
(The Sentencing Project); and 7
Whereas, North Carolina's correction spending —including prisons as well as 8
probation and parole —has nearly quadrupled over the past two decades, making it the 9
fastest-growing budget item after Medicaid; and 10
Whereas, North Carolina's prisons are chronically understaffed, with thirty -nine 11
percent (39%) of positions vacant as of April 2024; and 12
Whereas, one-third of the prison population is over the age of 55, and decades of data 13
shows a steep decline in crime at about age 35; and 14
Whereas, incapacitation is a costly way to deter future crimes by aging individuals 15
who already are less likely to commit those crimes by virtue of age and cost eight percent (8%) 16
more to incarcerate than their younger counterparts; Now, therefore, 17
The General Assembly of North Carolina enacts: 18
SECTION 1. This act shall be known as "The Second Look Act." 19
SECTION 2. Article 83 of Chapter 15A of the General Statutes is amended by 20
adding a new section to read: 21
"§ 15A-1357. Modification of an imposed term of imprisonment. 22
(a) Notwithstanding any other provision of law, an individual serving a term of 23
imprisonment pursuant to G.S. 20-179 or Article 81B or 82 of th is Chapter , except those 24
sentenced to life imprisonment, may file a motion for appropriate relief in accordance with 25
Article 89 of this Chapter for a modification of the person 's sentence pursuant to the authority 26
granted in this section. 27
(b) Notwithstanding any other provision of law, the court shall reduce a term of 28
imprisonment imposed upon a defendant for an offense if: 29
(1) The defendant was sentenced pursuant to G.S. 20-179 or Article 81B or 82 of 30
this Chapter and has served at least (i) 10 years in prison or (ii) fifty percent 31
(50%) of the sentence imposed if the sentence was for 10 years or less. 32
(2) The court finds, after considering the factors set forth in subsection (c) of this 33
section, that the defendant is not a danger to the safety of any person or the 34
community and that the interests of justice warrant a sentence modification. 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 589-First Edition
(c) The court, in determining whether to reduce a term of imprisonment pursuant to 1
subsection (b) of this section, shall consider any of the following: 2
(1) The defendant's age at the time of the offense. 3
(2) The history and characteristics of the defendant. 4
(3) Whether th e defendant has substantially complied with the rules of the 5
institution to which he or she has been confined and whether the defendant 6
has completed any educational, vocational, or other program, where available. 7
(4) Whether the defendant has completed any behavioral health treatment or 8
stabilization. 9
(5) Any report or recommendation received from the district attorney in the 10
prosecutorial district in which the conviction was entered. 11
(6) Whether the defendant has demonstrated maturity, rehabilitation, and a fitness 12
to reenter society sufficient to justify a sentence reduction. 13
(7) Any statement provided orally or in writing pursuant to G.S. 15A-832.1(c) by 14
a victim of the offense for which the defendant is imprisoned or by a family 15
member of the victim if the victim is deceased. 16
(8) Any reports of physical, mental, or psychiatric examinations of the defendant 17
conducted by licensed health care professionals. 18
(9) The defendant 's family and community circumstances at the time of the 19
offense, including any history of abuse, trauma, or involvement in the child 20
welfare system. 21
(10) The extent of the defendant 's role in the offense and whether , and to what 22
extent, an adult was involved in the offense. 23
(11) The diminished culpability of juveniles as compared to that of adults, and the 24
hallmark features of youth, incl uding immaturity, impetuosity, and failure to 25
appreciate risks and consequences, which counsel against sentencing them to 26
lengthy terms in prison, despite the brutality or cold -blooded nature of any 27
particular crime. 28
(12) Any other information the court deems relevant to its decision. 29
(d) A motion for appropriate relief filed pursuant to this section shall not be granted or 30
denied without a hearing held in accordance with Article 89 of this Chapter. 31
(e) Any defendant whose sentence is reduced under this s ection shall be resentenced 32
pursuant to G.S. 20-179 or Article 81B or 82 of this Chapter, as applicable." 33
SECTION 3. This act becomes effective December 1, 2025, and applies to motions 34
for appropriate relief filed on or after that date. 35