On April 22, 2025, Maryland took a major step in reforming its criminal justice system when Governor Wes Moore signed the Second Look Act into law. Officially known as House Bill 853, this new legislation provides a structured process for certain incarcerated individuals to request a review and potential reduction of their sentence. The law reflects Maryland’s continued movement toward acknowledging the capacity for rehabilitation and personal growth, especially for young adults who have served lengthy prison terms.
The Maryland Second Look Act goes into effect on October 1, 2025. Once in effect, individuals who meet specific eligibility requirements will be able to file a petition for sentence reduction. This article outlines who is eligible, how the process works, and what petitioners can expect.
Who is Eligible Under the Second Look Act?
To qualify to file a petition under the Second Look Act, an individual must meet all of the following criteria:
- Age at Time of Offense: The person must have been between the ages of 18 and 25 when the offense was committed.
- Time Served: The person must have already served at least 20 years of their sentence.
- Type of Conviction: The person cannot have been convicted of:
- A sex offense as defined by Maryland law,
- A crime resulting in a sentence of life without the possibility of parole (LWOP),
- The murder of a first responder while they were acting in the line of duty.
If a person meets all of the above requirements, they are eligible to file a petition under the Second Look Act starting on October 1, 2025.
What Does the Law Provide?
The most important feature of the Second Look Act is that it guarantees eligible individuals the right to a hearing on their petition. Once a qualifying petition is filed, the court must hold a hearing to consider the request for sentence reduction.
At the hearing, the court will consider a variety of factors, including:
- The petitioner’s conduct during incarceration,
- Participation in educational, vocational, or rehabilitation programs,
- Evidence of personal growth and maturity,
- Plans for re-entry and support systems in the community,
- The nature and circumstances of the original offense,
- Statements or objections from victims or their families.
The law also requires that victims be notified of the hearing and be given an opportunity to participate or provide statements.
No Guarantees – Just an Opportunity
While the Second Look Act provides a mandatory hearing, it does not guarantee any specific outcome. A judge is not required to reduce the sentence, grant parole, or release the petitioner. The decision is entirely within the discretion of the court.
The judge may reduce the sentence only if they find that:
- The individual does not pose a danger to the public, and
- A sentence reduction would be in the interests of justice.
If the judge denies the petition, the individual must wait three years before filing another petition. A person may file a maximum of three petitions total for the same sentence.
What Happens at the Hearing?
The hearing under the Second Look Act is similar to other post-conviction proceedings in Maryland. The petitioner may be represented by an attorney, and the State’s Attorney’s Office will also have an opportunity to respond to the petition.
Both sides may present evidence and witness testimony. The court may also consider written materials, including institutional records and progress reports. Victims of the crime will be notified and may choose to appear and speak.
At the conclusion of the hearing, the court may decide to:
- Leave the sentence unchanged,
- Reduce the sentence (with or without conditions), or
- Convert the sentence to a parole-eligible or suspended sentence.
The judge must place findings on the record explaining their decision, particularly if the sentence is reduced.
Preparing for a Petition
Petitioners should begin preparing well in advance of the law’s effective date. A strong petition will require:
- Documentation of rehabilitation efforts (certificates, program completions, educational achievements),
- Letters of support from family, mentors, or community members,
- A detailed re-entry plan outlining housing, employment, and community support,
- An explanation of the petitioner’s growth, insight, and remorse.
Because the process is technical and the stakes are high, it is strongly recommended that individuals seeking relief under the Second Look Act have an experienced attorney prepare and file the petition on their behalf.
Why This Matters
While the Second Look Act does not offer a guaranteed outcome, it does provide a meaningful opportunity for second chances. Many incarcerated individuals who committed serious offenses as young adults have spent decades growing, learning, and changing behind bars. This law gives them the chance to demonstrate that they are no longer the same person who was sentenced all those years ago.
For families, supporters, and incarcerated individuals, understanding the process is critical. The path won’t be easy—there will be pushback from prosecutors, and not every judge will be inclined to reduce a sentence. But for the first time in Maryland’s history, the law requires that these voices be heard.
How We Can Help
If you or a loved one may be eligible under the Maryland Second Look Act, now is the time to start gathering documentation and preparing your petition. The team at Southern Maryland Criminal Defense is ready to help.
We can:
- Review your eligibility,
- Help prepare supporting evidence and documentation,
- Draft and file the formal petition,
- Represent you at the hearing, and
- Guide you and your family through every step of the process.
Call us today or visit somdcriminaldefense.com to schedule a consultation. This law is about second chances—don’t miss yours.
