HB24 Summary

• Allows incarcerated individuals convicted of nonviolent offenses prior to October 1, 2013, to petition for resentencing under current presumptive sentencing standards.

• Eligible defendants must demonstrate good behavior during incarceration and must still be serving their sentence in a Department of Corrections facility.

• Motions for resentencing are filed in the criminal division of the circuit court in the county of conviction and heard by the original sentencing judge, presiding judge, or an assigned retired judge.

• District attorneys have the right to be heard on resentencing motions, and courts must consider both the underlying offense and the defendant's conduct while in custody when deciding whether to reduce a sentence.

• A court cannot entertain a resentencing motion if a previous motion for sentence reduction was already denied, and sentence reduction is not mandatory.