HB329 Summary

• Allows individuals currently incarcerated for nonviolent offenses committed before October 1, 2013, to file motions for sentence reduction under current presumptive sentencing standards.

• Defendant or Department of Corrections may file the motion in the criminal division of the circuit court where the defendant was convicted, to be heard by the original sentencing judge, presiding judge, or a retired judge assigned by the Chief Justice.

• Eligibility requires the covered offense occurred before October 1, 2013, and the Department of Corrections must certify the defendant demonstrated behavior indicating fitness for resentencing.

• District attorney must be served notice and has a right to be heard on any motion; courts must consider both the underlying offense and defendant's conduct while in custody.

• Courts cannot entertain motions if a previous motion was denied within the preceding five years, unless accompanied by Department of Corrections notification of exemplary behavior since the previous motion; courts are not required to reduce any sentence under this section.