HB51 Summary

• Allows incarcerated individuals convicted of nonviolent offenses prior to October 1, 2013, to file motions for sentence reduction under current presumptive or voluntary sentencing standards.

• Eligibility requires the covered offense occurred before October 1, 2013, and the defendant demonstrates appropriate behavior during incarceration indicating fitness for resentencing.

• Motions 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 a retired judge assigned by the Chief Justice.

• The district attorney in the county of conviction receives notice and has the right to be heard on any motion filed under this provision.

• Courts may deny motions if a previous reduction motion was already denied or if the individual is not currently serving their sentence in a Department of Corrections facility; courts are not required to reduce any sentence.