Sentencing and release
Other states: review of long sentences, elder parole, presumptive parole and mandatory-minimum reform
How other states handle second-look review of long sentences, elder parole, presumptive parole and mandatory-minimum reform.
Where this research is used
This page is a research collection: individual facts drawn from the sources listed further down, each traced to where it came from. A research topic brings many collections together into one overview of an issue. The facts on this page feed these 4 topics; open one to see how they fit with the rest of the evidence.
Legal Standards & Case Law
Georgia's prison-conditions litigation runs through a small set of Supreme Court and Eleventh Circuit decisions that set an unusually demanding bar: a plaintiff must prove both an objectively serious deprivation and that officials actually knew of and disregarded it. This page traces that doctrine from Estelle v. Gamble (1976) through Farmer v. Brennan (1994) and the Eleventh Circuit's 2024 en banc reset in Wade v. McDade, then sets it against Georgia's own record — Guthrie, Cason, the Gumm solitary-confinement settlement and its 2024 contempt finding, and the Justice Department's October 2024 conclusion that Georgia's prisons violate the Eighth Amendment. It closes with the people in GPS's death registry whose deaths sit directly on that doctrine.
11,676 data points
Parole & Sentencing
Georgia's parole system is a discretionary clemency power, not a release schedule, and the record shows it has become steadily stingier: the lifer grant rate fell from 21.9 percent in fiscal years 2001–2006 to 5.8 percent in fiscal years 2022–2025, and overall parole releases dropped 42 percent between fiscal years 2019 and 2024. Meanwhile the statutory floor for parole eligibility for the state's most serious offenses rose from seven years to fourteen and then to thirty, and average time served on a life sentence climbed from under nine years in 1973 to 29.6 years in fiscal year 2025. The consequence is a growing population of aging, parole-eligible people who remain incarcerated while more than half of all releases now come at the expiration of a sentence rather than through the parole board.
15,260 data points
Policy & Advocacy
Georgia has passed criminal justice reform in bursts — 2012, 2017, 2025 — while repeatedly declining the structural changes that its own study committees and the U.S. Department of Justice identified as necessary. This page maps the enacted record, the proposals GPS and allied advocates have advanced, the cost models attached to them, and the 2026 electoral field, using the figures each source actually reports.
8,846 data points
Reform Models & Programs
Georgia's own reconviction data show that people who complete vocational, educational, or cognitive programming return to prison at lower rates than the general prison population — vocational completers at 13.64 percent against a 26.06 percent baseline in the fiscal 2021 release cohort. A deep national evidence base backs that pattern: RAND found correctional education participants had 43 percent lower odds of recidivating and roughly $4 to $5 returned per dollar spent. Yet Georgia's statewide vocational education budget is $172,000, a university prison program was shut down in 2024, and the U.S. Department of Justice found programming had been 'slashed rather than expanded.' The distance between what the evidence supports and what the department delivers is the defining fact of Georgia's reform landscape.
14,390 data points
Key Findings
The most impactful data from this research collection. Tap a card for the full finding and its source.
The finding
New York's parole release rate rose from 30 percent of decided hearings in May 2017 to 54 percent a year later, following new Board of Parole appointments and minor regulatory changes, according to data from the Parole Preparation Project.
The finding
In California's FY 2013-14 release cohort, offenders sentenced to an indeterminate term (lifers) comprised 1.6 percent (514 offenders) and had a three-year conviction rate of 3.1 percent (16 offenders), compared to 46.8 percent for determinate-term offenders who comprised 98.4 percent (32,599 offenders) of the cohort.
The finding
More than 70 defendants had filed IRAA motions for sentence reduction or were in the process of doing so; approximately 17 motions had been ruled on and only one petition had been denied.
The finding
Georgia Constitution Art. IV, Sec. II, Para. II(e) gives the State Board of Pardons and Paroles authority to parole any person who is age 62 or older, to pardon a person subsequently determined innocent, and to issue a medical reprieve to an entirely incapacitated person suffering a progressively debilitating terminal illness.
The finding
As of 04/04/2025, HB 894 had reached House Second Readers after House First Readers on 04/02/2025 and House Hopper on 03/31/2025, with no votes recorded.
The finding
O.C.G.A. § 17-10-6.1(a) defines "serious violent felony" as seven offenses: murder or felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery.
The finding
O.C.G.A. § 17-10-6.1(b)(1) requires a mandatory minimum term of imprisonment of ten years, with no portion suspended, stayed, probated, deferred, or withheld, for a person convicted of kidnapping involving a victim 14 or older or armed robbery, except as provided in subsection (e).
The finding
Out of the 188 Unger group people released in Maryland, only one has been rearrested, an overall recidivism rate of less than 1 percent, compared to a 40 percent rate of recidivism for all persons released from Maryland prisons.
The finding
The UC Berkeley Law report on Alameda County's PIR program noted that former Los Angeles County District Attorney George Gascón initiated resentencing for 300 people, of which only 4 had reoffended at the time Gascón was running for reelection.
The finding
Under the original BOP elderly offender home detention pilot program, 71 of 855 inmates who requested to participate (8 percent) were ultimately placed on home detention, while 750 of the 855 inmates (88 percent) were ineligible because they did not meet the statutory provisions.
The finding
In a cohort of 860 convicted murderers paroled by California's Board since 1995, only five individuals returned to jail or to the California Department of Corrections and Rehabilitation for new felonies since release, none for life-term crimes, representing a recidivism rate of less than one percent, compared to the state's overall inmate population recommitment rate of 48.7 percent.
The finding
The Eleventh Circuit, sitting en banc in Sultenfuss v. Snow, held that Georgia's parole system does not create a liberty interest in parole protected by the Due Process Clause.
The finding
The U.S. Sentencing Commission found the odds of recidivism were approximately 29 percent lower for federal offenders sentenced to more than 120 months incarceration compared to a matched group of federal offenders receiving shorter sentences.
Source
The finding
The Georgia State Board of Pardons and Paroles' FY2005 Annual Report states that a new rule replacing the Board's prior 90% policy came about after a Fulton County judge ruled that 'the Board's 90% policy in 1997 was implemented improperly and as a result is ineffective and has no force or effect.'
The finding
Among 3,100 released state prisoners who were age 65 or older at release, the cumulative arrest percentage reached 25.6% by Year 5 following release, compared to 46.3% for the 19,100 released at ages 55-64.
The finding
The recidivism rate of prisoners released under California's Proposition 36 is 1.3 percent.
The finding
Among 860 murderers paroled by California's Board of Parole Hearings since 1995, only five individuals had returned to jail or CDCR custody for new felonies, a recidivism rate of less than one percent, compared to the state's overall inmate recommitment rate of 48.7 percent for new crimes.
The finding
Fewer than 2 percent of prisoners released under California's Proposition 36 had been charged with new crimes, compared with an average recidivism rate of 16 percent over a similar time period for non-Proposition 36 inmates leaving California prisons, according to the Stanford Three Strikes Project report.
All Data Points
409 verified data points extracted from primary sources.
California Elderly Parole excludes Three Strikes and LWOP/death sentences Legal fact
California's Elderly Parole Program does not apply to cases sentenced under the Three Strikes law (Penal Code Section 1170.12, subdivisions (b) to (i), inclusive, of Section 667), or to cases in which an individual was sentenced to life in prison without the possibility of parole or death.
Philadelphia juvenile lifer recidivism rate 4.23% (March 2025) Statistic
An updated analysis by Daftary-Kapur and Zottoli on released juvenile lifers in Philadelphia found a recidivism rate of 4.23 percent as of March 2025, described as remarkably low compared to national rates.
4.2%
Louisiana 2017 Justice Reinvestment bills Legal fact
In June 2017, the Louisiana Legislature passed, and Governor John Bel Edwards signed into law, a package of ten Justice Reinvestment (JRI) bills with large bipartisan majorities in both the House and Senate.
Maryland HB 853 projected OPD general fund expenditure FY2026 Statistic
Maryland HB 853 would increase General Fund expenditures for the Office of the Public Defender by a minimum of $538,100 in FY 2026, accounting for staffing costs only.
$538,100
Michigan '650 lifer' population in 1997 Statistic
As of 1997, 164 individuals were serving a life sentence in Michigan for delivery of 650 grams or more of a controlled substance.
164 people
Georgia Constitution vests clemency power in Parole Board Legal fact
Georgia Constitution Art. IV, Sec. II, Para. II(a) vests the State Board of Pardons and Paroles with executive clemency power, including reprieves, pardons, paroles, commutation of penalties, removal of disabilities imposed by law, and remission of any part of a sentence after conviction.
Mississippi Governor signs Earned Parole Eligibility Act (SB 2795) Legal fact
Mississippi Governor Tate Reeves signed the Mississippi Earned Parole Eligibility Act, Senate Bill 2795, into law after it passed both the Senate and House with bipartisan support.
NY parole release rate rose from 30% to 54% after board appointments Statistic
New York's parole release rate rose from 30 percent of decided hearings in May 2017 to 54 percent a year later, following new Board of Parole appointments and minor regulatory changes, according to data from the Parole Preparation Project.
54% vs. 30 May 2017 release rate
HB 894 Georgia Second Look Act introduced in 2025-2026 session Finding
HB 894, titled 'Georgia Second Look Act; enact,' was introduced in the Georgia General Assembly's 2025-2026 Regular Session, sponsored by Rep. Scott Holcomb (101st District) and Rep. Shaw Blackmon (146th District).
Rearrest rate at 8 years: federal offenders 65+ vs under 21 Statistic
Over an eight-year follow-up period, 13.4 percent of federal offenders age 65 or older at time of release were rearrested, compared to 67.6 percent of offenders younger than age 21 at time of release.
13.4% vs. 67.6 offenders younger than 21 at release, 8-year rearrest rate
NY parole release rate by race, 2022–Q1 2023 Statistic
A June 2023 NYU Law Center on Race, Inequality, and the Law report found that across all of 2022 and the first quarter of 2023, New York's Parole Board released 41% of all white people appearing before it but only 30% of all people of color appearing before it.
41% vs. 30 release rate for people of color
Federal Second Look Act of 2019 would make ~583 violent criminals eligible for early release Statistic
The U.S. Attorney's Office for DC stated that approximately 583 violent criminals would be made eligible for early release under the Second Look Act of 2019, which would allow sentence reduction after serving 15 years and expand eligibility to adults who committed crimes before age 25.
583 people
Five states have prosecutor-initiated resentencing laws as of 2024 Statistic
As of 2024, five states other than California, Washington, Oregon, Illinois, Minnesota, and Utah, have prosecutor-initiated resentencing (PIR) laws.
5 states
Virginia geriatric parole grants in 2021 Statistic
In 2021, the Virginia Parole Board issued 21 total geriatric parole grants, of which 10% (2) were parole-eligible offenders and 90% (19) were truth-in-sentencing offenders.
21 grants
California lifer three-year conviction rate 3.1% vs 46.8% for determinate-term offenders Statistic
In California's FY 2013-14 release cohort, offenders sentenced to an indeterminate term (lifers) comprised 1.6 percent (514 offenders) and had a three-year conviction rate of 3.1 percent (16 offenders), compared to 46.8 percent for determinate-term offenders who comprised 98.4 percent (32,599 offenders) of the cohort.
3.1% vs. 46.8 determinate-term offender three-year conviction rate
D.C. IRAA original eligibility about 100 people Statistic
Only about 100 people were made eligible for resentencing through D.C.'s original Incarceration Reduction Amendment Act (IRAA), passed in 2016, according to James Zeigler, director of the Second Look Project.
100 people
Louisiana JRI retroactive release eligibility Legal fact
Due to the effective dates and retroactive nature of some of Louisiana's 2017 Justice Reinvestment Initiative reforms, some Louisiana inmates became eligible for release on or immediately after November 1, 2017.
Maryland HB 853 projected OPD general fund expenditure FY2030 Statistic
Maryland HB 853 would increase General Fund expenditures for the Office of the Public Defender to $730,300 by FY 2030, reflecting annualization and inflation.
$730,300
New Michigan '650 lifer' commitments in 1997 Statistic
There were nine new life sentence commitments in Michigan in 1997 for delivery of 650 grams or more of a controlled substance.
9 commitments
Constitution allows two-thirds override barring parole for enumerated offenses Legal fact
Georgia Constitution Art. IV, Sec. II, Para. II(b)(2) permits the General Assembly, by general law approved by two-thirds of members elected to each branch in a roll-call vote, to provide minimum mandatory sentences and sentences served in their entirety for armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery; when so provided, the Board may not consider those persons for pardon, parole, or commutation during that portion of the sentence.
Mississippi SB 2795 approved by Governor on 04/22 Legal fact
The official Mississippi legislative history records that SB 2795, the Mississippi Earned Parole Eligibility Act, was approved by the Governor on 04/22.
NY parole grant rate: 46% white vs 39% people of color (2018-2020) Statistic
Between 2018 and 2020, New York's Board of Parole granted parole for 46 percent of white people who sought it, and only 39 percent for people of color, per a FWD.us report.
46% vs. 39 grant rate for people of color
HB 894 would authorize resentencing for life without parole Finding
The First Reader Summary of HB 894 describes an Act to amend Article 1 of Chapter 10 of Title 17 of the O.C.G.A., relating to procedure for sentencing, so as to authorize the sentencing court to review and resentence certain cases where the punishment of life without parole was imposed, providing for a petition and a hearing.
10-year return-to-prison rate: state prisoners 65+ vs 24 or younger Statistic
Among state prisoners released in 24 states, those age 65 or older at release had a 10-year cumulative return-to-prison rate (for a parole/probation violation or new sentence) of 32.7 percent, compared to 69.0 percent for those age 24 or younger at release.
32.7% vs. 69 state prisoners age 24 or younger at release, 10-year return-to-prison rate
NY parole racial disparity trend 2016–2023 Trend
From 2016 to 2021, New York's Parole Board was 19% less likely to release people of color than white people, compared to 30% less likely in 2022 and 2023 and 32% less likely in the first quarter of 2023.
Over 70 IRAA motions filed; 17 ruled on, only one denied Statistic
More than 70 defendants had filed IRAA motions for sentence reduction or were in the process of doing so; approximately 17 motions had been ruled on and only one petition had been denied.
70 motions vs. 17 motions ruled on
462 Oklahoma inmates slated for release after detainers Statistic
Of the 527 inmates recommended for commutation, 65 had detainers, so 462 inmates were to be released on Monday, November 4, 2019. The recommended group was 75% male and 25% female.
462 inmates vs. 527 total recommended for commutation
Louisiana Supreme Court struck down joint post-conviction plea statute in 2023 Legal fact
In 2023, the Louisiana Supreme Court struck down a statute that allowed a district attorney and petitioner to jointly enter into any post-conviction plea agreement to amend a conviction or sentence with court approval, ruling that the law unconstitutionally allowed a judge to reverse a conviction merely because the defendant and the district attorney jointly requested it.
Virginia geriatric conditional release decisions and grants in CY2018 Statistic
In CY2018, the Virginia Parole Board made 725 total decisions for geriatric conditional release and granted 55. Of the decisions, 25% (178) were parole-eligible offenders and 75% (547) were truth-in-sentencing offenders; of the grants, 20% (11) were parole-eligible and 80% (44) were truth-in-sentencing.
725 decisions vs. 55 grants
Swarthout v. Cooke: minimal due process for parole Legal fact
In Swarthout v. Cooke, the U.S. Supreme Court held that when a state creates a liberty interest, the Due Process Clause requires fair procedures for its vindication and federal courts will review the application of those constitutionally required procedures, but in the context of parole the procedures required are minimal.
D.C. IRAA amendment expanded eligibility to at least 600 people Statistic
Last year's amendment to D.C.'s IRAA expanded resentencing eligibility to at least 600 people, according to the director of the Second Look Project.
600 people
Louisiana Act 280 habitual offender reform Legal fact
Louisiana's Act 280 made changes to better tailor habitual offender penalties to the severity of the crime, reducing mandatory minimum sentences for most second and third offenses and eliminating the possibility of life sentences on fourth convictions when the current and previous offenses met certain conditions.
Michigan '650 lifer' parole eligibility after 17 or 20 years Legal fact
Michigan's '650 lifer' law provided that a person who has served 20 calendar years of a mandatory life sentence for the covered controlled-substance offense, and who has another conviction for a 'serious crime', is under the parole board's jurisdiction, while a prisoner without another serious-crime conviction is under the parole board's jurisdiction after having served 17 calendar years of that sentence.
Constitution grants Board elder parole authority at age 62 Legal fact
Georgia Constitution Art. IV, Sec. II, Para. II(e) gives the State Board of Pardons and Paroles authority to parole any person who is age 62 or older, to pardon a person subsequently determined innocent, and to issue a medical reprieve to an entirely incapacitated person suffering a progressively debilitating terminal illness.
Greenholtz: Nebraska statute created protected expectation of parole Legal fact
In Greenholtz v. Inmates of Nebraska Penal Complex, the Supreme Court held that the Nebraska parole statute created an 'expectation of parole' protected by the Due Process Clause, 442 U.S. at 11.
Seven of 15 NY parole commissioners serving expired terms Finding
As of the Bolts article, seven of the New York Board of Parole's 15 current commissioners had exceeded the duration of their appointments without being renominated or going through another legislative confirmation process.
HB 894 status: House Second Readers, no votes recorded Finding
As of 04/04/2025, HB 894 had reached House Second Readers after House First Readers on 04/02/2025 and House Hopper on 03/31/2025, with no votes recorded.
10-year cumulative arrest rate: 2,300 released state prisoners age 65+ Statistic
Among 2,300 state prisoners released who were age 65 or older at release, the cumulative arrest rate over the following 10 years was 40.1 percent, compared to 89.5 percent among the 62,700 released at age 24 or younger.
40.1% vs. 89.5 released state prisoners age 24 or younger, 10-year cumulative arrest rate
NY Assembly bill A01283 sentence reduction application Legal fact
A New York Assembly bill (sponsored by Walker) authorizing certain persons confined in institutions operated by the department of corrections and community supervision to apply for a sentence reduction is listed as the same as Senate Bill S00158.
Of 16 IRAA motions granted, 12 involved murders Statistic
Of the 16 IRAA motions granted, 12 cases involved murders, two cases involved rapes, one case involved armed robbery, and one case involved armed kidnapping.
16 motions granted
Oklahoma board considered 814 cases under HB 1269 Statistic
Oklahoma's Pardon and Parole Board considered 814 inmates' cases during the special meeting held the first day HB 1269 took effect; the 2019 law enabled an accelerated single-stage commutation docket reviewing sentences of inmates imprisoned for crimes that would no longer be felonies if charged today.
814 cases
1,172 felony murder convictions vacated and resentenced in California as of Dec 2024 Statistic
As of December 2024, 1,172 people in California initially convicted under the felony murder rule have had those charges vacated and were resentenced based on remaining charges; of those resentenced, 78% have since been released from prison.
1,172 people
Virginia geriatric conditional release decisions and grants in CY2019 Statistic
In CY2019, the Virginia Parole Board made 759 total decisions for geriatric conditional release and granted 24. Of the decisions, 24% (184) were parole-eligible offenders and 76% (575) were truth-in-sentencing offenders; of the grants, 42% (10) were parole-eligible and 58% (14) were truth-in-sentencing.
759 decisions vs. 24 grants
California parole statute at issue in Swarthout v. Cooke Legal fact
California's parole statute at issue in Swarthout v. Cooke provided that the Board of Prison Terms 'shall set a release date unless it determines that . . . consideration of the public safety requires a more lengthy period of incarceration' (Cal. Penal Code Ann. §3041(b) (West Supp. 2010)).
D.C. SLAA resentencing motions decided: 95, granted: 84 Statistic
The U.S. Attorney's Office for D.C. told Bolts that 95 resentencing motions filed under the Second Look Amendment Act (SLAA) and its predecessors had been decided, 84 of which were granted.
95 motions decided vs. 84 motions granted
Louisiana geriatric parole eligibility at age 60 Legal fact
Louisiana law makes a person who has served at least ten years of imprisonment in actual custody eligible for parole consideration upon reaching the age of sixty years, subject to exclusions.
Maryland OPD first-year Juvenile Restoration Act motions decided Statistic
According to OPD's report on its efforts in the first year of the Juvenile Restoration Act, courts decided 36 motions during the first year of the Act.
36 motions
Michigan drug-lifer parole provision exclusions Legal fact
Michigan's drug-lifer parole-eligibility provision does not apply to prisoners sentenced to life for first-degree murder or for a violation of Chapter 33 of the Michigan Penal Code dealing with explosives and bombs.
Definition of serious violent felony: seven offenses Legal fact
O.C.G.A. § 17-10-6.1(a) defines "serious violent felony" as seven offenses: murder or felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery.
Greenholtz: mandatory 'shall' created presumption of parole release Legal fact
Greenholtz found that the Nebraska statute's mandatory 'shall' language created a presumption that parole release will be granted when the designated findings are made, 442 U.S. at 12.
NY Assembly bill A00127 (Fair and Timely Parole Act) not enacted Legal fact
New York Assembly bill A00127 (Fair and Timely Parole Act, sponsor Weprin) was referred to the Correction committee on 01/08/2025, reported and referred to Codes on 04/02/2025, and referred to Codes again on 01/07/2026; it has not passed the Assembly or been enacted.
Georgia Constitution grants Board of Pardons and Paroles clemency powers Legal fact
The Georgia Constitution vests the State Board of Pardons and Paroles with the power of executive clemency, including the powers to grant reprieves, pardons, and paroles, to commute penalties, to remove disabilities imposed by law, and to remit any part of a sentence after conviction, except as otherwise provided in that Paragraph.
Swarthout v. Cooke: no federal constitutional right to conditional release Legal fact
Swarthout v. Cooke held there is no right under the Federal Constitution to conditional release before a valid sentence expires, but when a State creates a liberty interest the Due Process Clause requires fair procedures for its vindication and federal courts review the application of those procedures.
NY Assembly bill A01283 referred to codes 01/07/2026 Legal fact
A New York Assembly bill authorizing certain persons confined in institutions operated by the department of corrections and community supervision to apply for a sentence reduction was referred to codes again on 01/07/2026.
California Elderly Parole Program eligibility: age 50, 20 years served Legal fact
California's Elderly Parole Program, Penal Code section 3055, makes any inmate 50 years of age or older who has served a minimum of 20 years of continuous incarceration on their current sentence eligible for parole suitability review by the Board of Parole Hearings.
Oklahoma commutation cohort averaged 39.7 years old, 3 years incarcerated Statistic
Of the Oklahoma inmates receiving a favorable recommendation for commutation, the average age was 39.7 years old, they had been incarcerated for the past three years, and the recommendation was to commute 1,931 years total.
1,931 years
78% of felony murder resentenced individuals released Statistic
Of the 1,172 people resentenced after felony murder convictions were vacated in California, 78% have since been released from prison.
78%
Virginia geriatric conditional release decisions and grants in CY2020 Statistic
In CY2020, the Virginia Parole Board made 901 total decisions for geriatric conditional release and granted 77. Of the decisions, 21% (193) were parole-eligible offenders and 79% (708) were truth-in-sentencing offenders; of the grants, 27% (21) were parole-eligible and 73% (56) were truth-in-sentencing.
901 decisions vs. 77 grants
Swarthout v. Cooke: adequate process when heard and given reasons Legal fact
In Swarthout v. Cooke, the Supreme Court held that a prisoner subject to a parole statute similar to California's 'received adequate process when he was allowed an opportunity to be heard and was provided a statement of the reasons why' parole was denied.
D.C. prosecutors opposed release timing in all but 12 of 95 motions Statistic
The U.S. Attorney's Office for D.C. told Bolts it had opposed or objected to the timing of release in all but 12 of the 95 decided resentencing motions under SLAA and its predecessors.
12 motions without opposition vs. 95 motions decided
Louisiana geriatric parole exclusions Legal fact
Louisiana's geriatric parole provision excludes offenders convicted of a crime of violence or a sex offense, regardless of the date of conviction.
Maryland Juvenile Restoration Act motions granted and released Statistic
Of the 36 motions decided in the first year of the Juvenile Restoration Act, 23 cases (63.9%) resulted in a motion granted and the individual released from prison.
23 cases vs. 63.9 percent of motions decided
Michigan HB 5377 introduced by Rep. Klint Kesto Legal fact
On 1/10/2018, Michigan House Bill 5377 was introduced by Representative Klint Kesto.
Ten-year mandatory minimum for armed robbery and kidnapping (victim 14+) Legal fact
O.C.G.A. § 17-10-6.1(b)(1) requires a mandatory minimum term of imprisonment of ten years, with no portion suspended, stayed, probated, deferred, or withheld, for a person convicted of kidnapping involving a victim 14 or older or armed robbery, except as provided in subsection (e).
Montana parole statute text at issue in Allen (Mont. Code Ann. § 46-23-201(1) (1985)) Legal fact
The Montana parole statute at issue in Board of Pardons v. Allen, Mont. Code Ann. § 46-23-201(1) (1985), provided that 'the board shall release on parole . . . any person confined in the Montana state prison or the women's correction center . . . when in its opinion there is reasonable probability that the prisoner can be released without detriment to the prisoner or to the community.'
NY 2008 release cohort: 0.6% were 65+, 17% of those returned in 3 years Statistic
Of the 26,867 people in New York DOCCS' 2008 release cohort, 165 (0.6 percent) were age 65 and over at release; of those, 28 (17.0 percent) were returned to DOCCS custody within three years for either a new commitment or a parole violation.
17%
Source
Georgia Constitution allows mandatory minimums for certain violent crimes Legal fact
The Georgia Constitution allows the General Assembly, by general law approved by two-thirds of the members elected to each branch in a roll-call vote, to provide for minimum mandatory sentences and sentences required to be served in their entirety for armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery, and when so provided the Board shall not have authority to consider such persons for pardon, parole, or commutation during that portion of the sentence.
Swarthout v. Cooke: minimal parole process due Legal fact
Swarthout v. Cooke held that in the parole context the process due is minimal: an opportunity to be heard and a statement of reasons for denial, citing Greenholtz, 442 U.S. at 16, and stating 'the Constitution does not require more.'
NY Assembly bill A3475A elder parole provisions Legal fact
Assembly bill A3475A (same as S00015-A) provides that a person 55 or older who has served at least 15 years of a sentence shall have an interview with the Board of Parole within 60 days of their 55th birthday or the last day of the 15th year of their sentence, whichever is later, and if release is not granted shall have a subsequent interview no more than 24 months later.
Court-ordered Elderly Parole Program eligibility: age 60, 25 years served Legal fact
California's court-ordered Elderly Parole Program (Plata/Coleman) sets eligibility at inmates who are sixty years of age or older and have served a minimum of twenty-five years of their sentence.
HB 1269 sponsors in Oklahoma Legislature Legal fact
Oklahoma's HB 1269, which applied sentencing changes retroactively and spurred the slate of commutations, was authored by Rep. Jon Echols (R-OKC), Rep. Jason Dunnington (D-OKC) and Sen. Stephanie Bice (R-OKC).
Average time served before Alameda County PIR resentencing: 21.8 years Statistic
The UC Berkeley Law Criminal Law and Justice Center report found that the average length of time served among all 165 individuals resentenced in Alameda County's prosecutor-initiated resentencing program was approximately 21.8 years prior to resentencing.
21.8 years
Virginia geriatric conditional release decisions and grants in CY2021 Statistic
In CY2021, the Virginia Parole Board made 566 total decisions for geriatric conditional release and granted 21. Of the decisions, 13% (71) were parole-eligible offenders and 87% (495) were truth-in-sentencing offenders; of the grants, 10% (2) were parole-eligible and 90% (19) were truth-in-sentencing.
566 decisions vs. 21 grants
Swarthout v. Cooke: 'The Constitution does not require more' Finding
In Swarthout v. Cooke, the Court stated, quoting Greenholtz: 'The Constitution,' we held, 'does not require more.'
Unger group recidivism less than 1 percent vs 40 percent Maryland overall Statistic
Out of the 188 Unger group people released in Maryland, only one has been rearrested, an overall recidivism rate of less than 1 percent, compared to a 40 percent rate of recidivism for all persons released from Maryland prisons.
1% vs. 40 percent recidivism for all Maryland releases
Free Minds reports 3% recidivism among IRAA recipients vs. 20% national Statistic
Free Minds Book Club, which has served hundreds of IRAA recipients in the community, reports that 97 percent of these individuals have not been convicted of a new crime, a 3 percent recidivism rate much lower than the 20 percent recidivism rate reported by national entities about the prison population.
3% vs. 20 national recidivism rate
Louisiana administrative parole release conditions Legal fact
Louisiana's administrative parole provision states that an eligible offender shall be released on administrative parole on the offender's parole eligibility date without a hearing before the committee if all specified conditions are met.
Unger release recidivism rate Statistic
In the six years since the Unger decision, only five of the 188 people released under the Unger ruling had returned to prison for violating parole or a new crime, a rate of less than 3 percent, compared with Maryland's overall recidivism rate of 40 percent.
5 people vs. 188 people released under Unger ruling
Michigan HB 5377 House vote Statistic
Michigan House Bill 5377 passed the House with a vote of 97 yeas to 10 nays and was given immediate effect.
97 yeas vs. 10 nays
Serious violent felony sentences not reducible by parole Legal fact
O.C.G.A. § 17-10-6.1(f) provides that any sentence imposed under the section shall not be reduced by earned time, early release, work release, leave, or other sentence-reducing measures, or by any form of pardon, parole, or commutation by the State Board of Pardons and Paroles; during the final year of incarceration the defendant is eligible to be considered for a Department of Corrections transitional center or work release program.
Montana statute: parole only for best interests of society, not clemency Legal fact
The Montana parole statute at issue in Allen also provided that '[a] parole shall be ordered only for the best interests of society and not as an award of clemency or a reduction of sentence or pardon' and that '[a] prisoner shall be placed on parole only when the board believes that he is able and willing to fulfill the obligations of a law-abiding citizen.'
Freeman v. State: life without parole does not impinge on Board authority Legal fact
The Supreme Court of Georgia held in Freeman v. State that '[t]he passage by the legislature of a statute providing for a sentence of life without parole, like the passage of legislation establishing the death penalty, does not impinge on the authority of the Board but, rather, renders the defendant ineligible for parole in the first instance,' and the court adheres to that holding that the legislature's power to prescribe punishment for crime includes the power to make ineligibility for parole part of the punishment.
Second Chance Act elderly home detention pilot eligibility exclusions Legal fact
The Second Chance Act pilot program directed BOP to conduct the elderly home detention pilot during fiscal years 2009 and 2010, excluding inmates with a life sentence or a history of violence, espionage, sex offenses, or acts connected with terrorism.
NY Assembly bill A3475A failed to pass Legal fact
Bill A03475's last recorded action was being amended and recommitted to the Correction committee on 04/26, after being referred to Correction on 01/26 of the same year -- it never passed the Assembly.
AB 3234 lowered Elderly Parole age to 50 and years served to 20 Legal fact
California's AB 3234 lowered the statutory Elderly Parole Program's age/years-served threshold to individuals 50 years or older who have served 20 years or more of continuous incarceration.
Oklahoma commutation power rests exclusively with Governor Legal fact
The Oklahoma Court of Criminal Appeals held in Swart v. State that in Oklahoma, the discretionary power to discharge an offender who is otherwise under a lawful sentence rests exclusively with the Governor, citing Okla. Const. art. VI, § 10, and that any statute attempting to place this power in the hands of another branch of government is unconstitutional.
Source
Low recidivism (3-8%) among California resentenced releases within one year Statistic
A California Policy Lab report examining recidivism for approximately 9,500 people released via five prominent California resentencing policies found that among those resentenced under Proposition 36, CDCR-initiated resentencing, or felony murder reform, just 3% to 8% were convicted of any new offense within one year, and fewer than one percent were convicted of a new violent offense.
3% vs. 8 percent upper bound
Virginia parole grant rate in first nine months of 2021 Statistic
In the first nine months of 2021, the Virginia Parole Board heard more than 2,000 cases and granted parole to only 134 people, including 21 geriatric parole grantees, a 5 percent grant rate.
5%
New York and Virginia reconviction rates for older released prisoners Statistic
New York reported a 7 percent re-conviction rate after release for those between 50 and 64 years old and only a 4 percent rate for those 65 or older; Virginia reported a 1 percent reconviction rate for those 60 and older.
7% vs. 4 percent reconviction (NY age 65+)
NY Elder Parole bill S2144 would allow parole review for inmates over 55 with 15+ years Legal fact
New York Senate Bill S2144 (sponsor Hoylman) would permit the Board of Parole to evaluate all inmates over the age of 55 who have served at least 15 years in prison for possible parole release, without mandating release, allowing a public safety assessment even if the minimum sentence is not completed.
Louisiana administrative parole case plan exception Legal fact
Under Louisiana's administrative parole provision, an offender who has met the specified conditions shall still be released on administrative parole if the case plan was not created for him or the incomplete case plan was not his fault.
Unger case scope and origin Case detail
The Unger case centered on remedying improper jury instructions and applied to a cohort of people who had been sentenced to life in prison prior to 1981.
Michigan HB 5377 Senate vote Statistic
Michigan House Bill 5377 passed the Senate with a vote of 31 yeas to 4 nays, 2 excused and 0 not voting, and was given immediate effect.
31 yeas vs. 4 nays
§ 17-10-6.1 enacted by 1994 Sentence Reform Act Legal fact
O.C.G.A. § 17-10-6.1 was enacted by the 1994 Sentence Reform Act, Ga. L. 1994, p. 1959, section 11; that Act is cited as the "Sentence Reform Act of 1994."
Board of Pardons v. Allen: Montana statute creates liberty interest in parole release Legal fact
In Board of Pardons v. Allen, the Supreme Court held that the Montana statute, like the Nebraska statute in Greenholtz, uses mandatory 'shall' language to create a presumption that parole release will be granted, and thus 'creates a liberty interest in parole release' protected by due process.
NY 2023 medical parole: 61 applications, 39 granted, 23 released Statistic
Among the 61 medical parole applications received by the New York Board of Parole in 2023, 55 (90%) met with the Board and 39 of those (71%) were granted medical parole; of the 39, 23 were released on medical parole, 13 were awaiting release at the end of 2023, and three died prior to release.
61 applications vs. 39 granted medical parole
Moore v. Ray upholds OCGA § 17-10-7(c) parole ineligibility for fourth felony Legal fact
In Moore v. Ray, the Supreme Court of Georgia held that OCGA § 17-10-7(c), which makes persons convicted of a fourth felony ineligible for parole, does not violate the doctrine of separation of powers, adhering to Freeman's holding that the legislature's power to prescribe punishment for crime includes the power to make ineligibility for parole part of the punishment.
BOP inmates age 50+ grew 25% FY2009-FY2013 Statistic
From fiscal year 2009 to fiscal year 2013, inmates age 50 and older in BOP-managed institutions increased by 25 percent, from 24,857 to 30,962.
25%
NY Assembly Elder Parole bill A02035 2023-24 session actions Legal fact
The 2023-24 session Elder Parole Assembly bill A02035 (same as S02423, sponsor Davila) was referred to Correction on 01/23/2023, reported referred to Codes on 05/24/2023, and referred to Codes again on 01/03/2024 -- it never passed the Assembly.
Elderly Parole Program codified in 2018 by AB 1448 Legal fact
California's Elderly Parole Program was codified in 2018 by Assembly Bill 1448.
Oregon joint petition for reconsideration of conviction or sentence Legal fact
Oregon's ORS 137.218 allows a person sentenced for a felony offense other than aggravated murder, together with the district attorney of the county in which the person was sentenced, to jointly petition the sentencing court for reconsideration of a conviction or sentence.
George Gascón initiated resentencing for 300 people; only 4 reoffended Statistic
The UC Berkeley Law report on Alameda County's PIR program noted that former Los Angeles County District Attorney George Gascón initiated resentencing for 300 people, of which only 4 had reoffended at the time Gascón was running for reelection.
300 people vs. 4 reoffended
Parole-eligible population in Virginia as of June 2019 Statistic
Parole was abolished in Virginia in 1995, but as of June 2019 there were still 2,728 parole-eligible people in prison in Virginia.
2,728 people
California scheduled 3,674 elderly parole hearings, 47% of scheduled hearings Statistic
California Board of Parole Hearings scheduled 3,674 hearings for people eligible for an elderly parole hearing, 47% of scheduled hearings, up from 45% in 2024.
3,674 hearings vs. 45 2024 percentage of scheduled hearings
BJS nine-year rearrest rate 43 percent for age 60+ vs 85 percent overall Statistic
The Bureau of Justice Statistics tracked re-arrest rates in the nine years following release and found that for those aged 60 or older, the arrest rate was 43 percent compared to an overall rate of 85 percent.
43% vs. 85 percent rearrest overall
NY Elder Parole bill S2144 never passed either chamber Legal fact
Bill S2144's recorded actions were referral to the Crime Victims, Crime and Correction committee on Jan 22, 2019, reporting and committing to finance on Apr 09, 2019, and referral to crime victims, crime and correction again on Jan 08, 2020; it never passed either chamber.
Maryland Juvenile Restoration Act eligibility Legal fact
Maryland Criminal Procedure § 8-110(a) makes the Juvenile Restoration Act available to an individual who was convicted as an adult for an offense committed as a minor, was sentenced before October 1, 2021, and has been imprisoned for at least 20 years for the offense.
Maryland Democratic trifecta and Senate seat count Statistic
Maryland has a Democratic trifecta in which the Democratic Party controls the office of governor and both chambers of the state legislature, and as of November 9, 2022 the Democratic Party held 34 of the Senate's seats.
34 seats
Michigan HB 5377 signed into law Legal fact
Michigan House Bill 5377 was approved by the Governor on 9/12/2018 and assigned as Public Act 339 with immediate effect.
Judicial departure from mandatory minimum on prosecutorial agreement Legal fact
O.C.G.A. § 17-10-6.1(e) lets the court, in its discretion, depart from the mandatory minimum sentence for a person convicted of a serious violent felony when the prosecuting attorney and the defendant have agreed to a sentence below that mandatory minimum.
Montana 1989 amendment changed 'shall' to 'may', eliminating liberty interest Legal fact
The Montana Board of Pardons and Parole's own history states that the 1989 Montana Legislature amended the parole statute, Montana Code Annotated § 46-23-201, changing the word 'shall' to 'may,' effective March 20, 1989, which eliminated the 'liberty interest' in parole recognized in Board of Pardons and Parole v. Allen.
Source
NY medical parole applications 2019-2023: 168 total, avg 34/year Statistic
There were 168 certified medical parole applications submitted to the New York Board of Parole from 2019 through 2023, an average of 34 per year; the 61 applications in 2023 were nearly double those in 2019 and 2022 and about triple those in 2020 and 2021.
168 applications vs. 34 average per year
Hayward v. Danforth: judicial control of parole conditions violates separation of powers Legal fact
The Supreme Court of Georgia in Hayward v. Danforth stated that a judicial attempt to control parole conditions violates the constitutional provision regarding the separation of powers, citing Terry.
BOP population over age 65 approximately 4,000 Statistic
BOP reported there were relatively few inmates over the age of 65 in its population, approximately 4,000 at that time, as part of its reasoning for recommending that the elderly home detention pilot program not be made permanent.
4,000 inmates
NY Senate Elder Parole bill S09846 status Legal fact
The Elder Parole bill S09846 (same as A00514), sponsored by Cleare, has only been referred to the Crime Victims, Crime and Correction committee as of 04/08/2026 -- no further action, not passed, not enacted.
Plata/Coleman three-judge panel ordered new parole process for elderly inmates Legal fact
On February 10, 2014, the three-judge panel in the Plata/Coleman v. Newsom class action lawsuits ordered CDCR to finalize and implement a new parole process whereby inmates who are 60 years of age or older and have served a minimum of twenty-five years of their sentence will be referred to the Board of Parole Hearings to determine suitability for parole.
Oregon Democrats held supermajorities in 81st Legislative Assembly Statistic
The Democratic Party of Oregon retained supermajority status in both chambers of the 81st Oregon Legislative Assembly, keeping an 18-12 majority in the Senate and a 37-23 majority in the House.
18 Senate seats vs. 12 Republican Senate seats
Alameda County PIR saved 2,792 years of incarceration Statistic
Prosecutor-initiated resentencing in Alameda County pursuant to Penal Code section 1172.1 resulted in 2,792 years of incarceration saved.
2,792 years
Recidivism rate for Virginia offenders released in FY2014 Statistic
Of the 12,021 offenders released in FY2014 with the opportunity to recidivate, 2,815 (23.4%) were re-incarcerated within three years.
23.4%
California AB-600 authorizes court recall of sentence upon changed law Legal fact
A California bill (AB-600) additionally authorized the court to recall a sentence, on its own motion, at any time if the applicable sentencing laws at the time of original sentencing are subsequently changed due to new statutory or case law authority.
Georgia Parole Board 90% policy ruled ex post facto Legal fact
A federal court (N.D. Ga.) held that retroactive application of the Georgia Parole Board's 1998 policy revision requiring specified violent felons to serve 90% of their time before a first parole hearing was unconstitutional for offenders whose crimes predated the policy.
D.C. original IRAA (2016) allowed resentencing for crimes before age 18 Legal fact
D.C.'s Incarceration Reduction Amendment Act (IRAA), passed in 2016, allowed people convicted of serious crimes committed before their 18th birthday to apply for resentencing and required that applicants serve at least a minimum number of years.
Maryland JUVRA motion procedure Legal fact
Maryland Criminal Procedure § 8-110(b)(1) allows an eligible individual to file a motion with the court to reduce the duration of the sentence, making it person-initiated.
Juvenile Restoration Act enactment and effective date Legal fact
The Juvenile Restoration Act became law by gubernatorial veto override on April 10, 2021, and the Act took effect October 1, 2021.
Michigan parole guideline departure standard Legal fact
Michigan's parole-guidelines statute allows the parole board to depart from the parole guidelines by denying parole to a prisoner who has a high probability of parole only for 'substantial and compelling objective reasons stated in writing,' and prohibits departures based on gender, race, ethnicity, alienage, national origin, or religion.
Byrd v. State: serious violent offender statute survives separation-of-powers challenge Legal fact
A statute governing the punishment for serious violent offenders does not violate the separation of powers doctrine of the state constitution, per Byrd v. State, 236 Ga. App. 485, 512 S.E.2d 372.
Montana current statute uses permissive 'may' for nonmedical parole Legal fact
Montana's current parole statute now provides that 'the board may release on nonmedical parole by appropriate order any person' meeting the listed conditions, using 'may' rather than the earlier mandatory 'shall' construed in Allen.
NY medical parole ineligibility for first-degree murder Legal fact
Sections 259-r and 259-s of the New York Executive Law deem incarcerated individuals serving a sentence for first-degree murder, or an attempt or conspiracy to commit first-degree murder, ineligible for medical parole.
Hayward v. Danforth: habeas court erred on separation of powers Legal fact
The Supreme Court of Georgia held in Hayward v. Danforth that a habeas court erred in finding no violation of the separation-of-powers provision of the Georgia Constitution where a trial court revoked the remaining portion of a sentence while the petitioner was in the legal custody of the State Board of Pardons and Paroles.
NY Assembly Fair and Timely Parole Act A00127 status Legal fact
The Fair and Timely Parole Act Assembly bill A00127 (sponsor Weprin, same as Senate S00159) was referred to Correction on 01/08/2025, reported and referred to Codes on 04/02/2025, and referred to Codes again on 01/07/2026 -- it has not passed the Assembly.
AB 3234 enacted January 1, 2021, lowering Elderly Parole thresholds Legal fact
On January 1, 2021, the California Legislature enacted AB 3234, modifying Penal Code section 3055 to lower the age of qualification for the statutory Elderly Parole Program to individuals 50 years or older and have served 20 years or more of continuous incarceration.
Texas mandatory supervision statute creates liberty interest Legal fact
The Texas Court of Criminal Appeals held that the language of the Texas mandatory supervision statute does create a liberty interest in mandatory supervision release, and that under certain circumstances, absent certain findings by the Parole Board, the statute requires release, creating a legitimate although limited expectation of release.
Source
Alameda County PIR cost savings: $42.6M to $287.4M annually Statistic
The UC Berkeley Law report estimated that Alameda County's prosecutor-initiated resentencing produced cost savings to the State of California ranging from an annual marginal cost saving of approximately $42.6 million to an annual average cost saving of approximately $287.4 million, using data on annual costs from the Legislative Analyst's Office.
$42.6M vs. 287.4 million dollars upper bound
Recidivism rate for Virginia offenders aged 50+ released in FY2014 Statistic
Of the 1,978 offenders released in FY2014 who were 50 years or older, only 342 (17.3%) recidivated within three years, a rate 6.1 percentage points lower than the overall three-year recidivism rate for FY2014 releases.
17.3% vs. 23.4 overall recidivism rate
California AB-2942 allows recall and resentencing on DA recommendation Legal fact
A California bill (AB-2942) amended existing law to additionally allow the court to recall and resentence a defendant upon the recommendation of the district attorney of the county in which the defendant was sentenced.
D.C. Code § 24-403.03(a) mandatory reduction after 15 years for offenses before age 25 Legal fact
D.C. Code § 24-403.03(a) requires the court to reduce a term of imprisonment imposed for an offense committed before the defendant's 25th birthday if the defendant was sentenced under certain provisions and has served at least 15 years in prison, and the court finds the defendant is not a danger and the interests of justice warrant a reduction.
Sandin v. Conner liberty interest standard Legal fact
In Sandin v. Conner, 515 U.S. 472 (1995), the Supreme Court held that a state regulation creates a liberty interest only when it imposes 'atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life,' stepping back from the mandatory-language/mutually-binding methodology of Greenholtz-line cases.
Maryland JUVRA court standard for reduction Legal fact
Maryland Criminal Procedure § 8-110(c) sets the standard that a court may reduce a sentence only if it determines the individual is not a danger to the public and the interests of justice will be better served by a reduced sentence.
Michigan 650-lifer reform and parole eligibility Finding
Michigan Public Act 314 of 1998, signed July 28, 1998, made 650-lifer offenders sentenced under the 1973 law eligible for parole retroactively; 220 people were then serving sentences under the law, eligible for parole after serving 17-20 years.
Michigan parole guideline development factors Legal fact
Michigan's parole-guidelines statute requires the Department of Corrections to develop parole guidelines considering the offense for which the prisoner is incarcerated, institutional program performance, institutional conduct, and prior criminal record, and allows the guidelines to additionally consider the prisoner's statistical risk screening and age.
§ 17-10-6.1 amended by HB 349 in 2013 Legal fact
The history of Georgia's serious-violent-felony mandatory minimum sentencing statute shows amendment by HB 349 in 2013 (Ga. L. 2013, p. 222, § 8/HB 349).
Nebraska statute § 83-1,114(1) required release unless one of four reasons Legal fact
The Nebraska statute construed in Greenholtz, one section of which was § 83-1,114(1), provided that the Board 'shall' order an inmate's release unless it concludes that his release should be deferred for at least one of four specified reasons.
NY medical parole 2019-2023: 19 applications not reviewed, 16 died before interview Statistic
Among the 168 certified medical parole applications submitted to the Board of Parole for consideration between 2019 and 2023, 149 medical parole interviews were conducted while 19 applications were not reviewed; of those 19, 16 individuals died prior to their Board interview, two were released on regular parole, and one was awaiting an interview at the end of 2023.
19 applications vs. 168 total applications
AG opinion: Freeman no longer controlling after 1994 constitutional amendment Legal fact
A Georgia Attorney General opinion states that the decision in Freeman v. State is no longer controlling for purposes of determining the Board's authority to exercise parole power because of the amendment to the Georgia Constitution Art. IV, Sec. II, Para. II, proposed in 1994 Ga. Laws 2015-18 and approved in the November 1994 general election.
71 of 855 elderly home detention pilot requesters placed (8%) Statistic
Under the original BOP elderly offender home detention pilot program, 71 of 855 inmates who requested to participate (8 percent) were ultimately placed on home detention, while 750 of the 855 inmates (88 percent) were ineligible because they did not meet the statutory provisions.
71 inmates placed on home detention vs. 855 inmates who requested to participate
NY Assembly Elder Parole bill A00514 status Legal fact
The Elder Parole Assembly bill A00514 (sponsor Davila), amending Executive Law section 259-c, was referred to Correction on 01/08/2025, reported and referred to Codes on 04/02/2025, and referred to Codes again on 01/07/2026.
Disqualified inmates still considered under original court-ordered criteria (60/25) Legal fact
People disqualified under the statutory Elderly Parole Program continue to receive elderly parole consideration under the criteria of the original court-ordered Elderly Parole Program, 60 years old and 25 years of continuous incarceration.
Utah: sentencing and parole are separate powers Legal fact
The Utah Supreme Court in Padilla v. Utah Board of Pardons and Parole (1997) held that the courts' power to sentence and the Board's power to pardon and parole are two separate and distinct powers, neither of which invades the province of the other.
17 death-sentenced individuals resentenced in Alameda County; 5 to LWOP Statistic
In Alameda County's prosecutor-initiated resentencing program, 17 individuals originally condemned to death were resentenced, and 5 of those were resentenced to life without parole.
17 people vs. 5 resentenced to LWOP
Virginia Commission on Parole Abolition and Sentencing Reform created in 1994 Legal fact
In early 1994, Virginia Governor Allen created a Commission on Parole Abolition and Sentencing Reform and called a special legislative session to adopt its recommendations.
Source
California invested $18M in Prosecutor-Initiated Resentencing pilot Statistic
California invested $18M of state budget towards Prosecutor-Initiated Resentencing in the nation's first PIR Pilot program.
$18M
D.C. Code § 24-403.03(b)(1) person-initiated motion for sentence modification Legal fact
D.C. Code § 24-403.03(b)(1) allows a defendant convicted as an adult of an offense committed before the defendant's 25th birthday to file an application for sentence modification in the form of a motion to reduce the sentence, making the statute person-initiated.
Sandin characterized Greenholtz as foreshadowing Hewitt methodology Legal fact
In Sandin v. Conner, the Court characterized Greenholtz v. Inmates of Neb. Penal and Correctional Complex, 442 U.S. 1 (1979), as having 'foreshadowed the methodology that would come to full fruition in Hewitt v. Helms, 459 U.S. 460 (1983)' -- the mandatory-language approach to identifying state-created liberty interests that Sandin then moved away from.
Maryland Second Look Act eligibility Legal fact
The ACLU of Maryland reports that Maryland's Second Look Act allows individuals who were convicted of an offense that occurred when they were at least 18 and not yet 25 years old, and who have served at least 20 years of their sentence, the opportunity to petition the court for a sentence reduction.
Michigan Governor Engler signed 650-lifer reform July 2, 1998 Legal fact
Michigan Governor John Engler, a Republican, signed measures reforming the 650-lifer law on July 2, 1998.
Minnesota sentence adjustment standard Legal fact
Minnesota's sentence adjustment statute requires the court to determine whether there are substantial and compelling reasons to adjust the individual's sentence, considering the impact on public safety, and the adjustment may not increase the period of confinement.
Source
1994 Sentence Reform Act added § 17-10-6.1 for seven deadly sins Legal fact
Georgia's 1994 Sentence Reform Act (1994 Ga. Laws 1959 et seq.) added O.C.G.A. § 17-10-6.1, the mandatory minimum sentencing provision for the "seven deadly sins" serious violent felonies, declaring that those felonies require mandatory minimum sentences served in their entirety and not reducible by suspension, stay, probation, deferral, withholding, pardon, parole, commutation, earned time, or early release.
Current Nebraska statute retains 'shall order release unless' language Legal fact
The current Nebraska parole statute still provides that whenever the board considers release of an eligible offender, 'it shall order his or her release unless it is of the opinion that his or her release should be deferred' for specified reasons, including risk of nonconformity to parole conditions or need for continued treatment.
83% of NY medical parole applicants aged 50+, average age 61 Statistic
Among the 168 medical parole applications, 83 percent (140) were for individuals aged 50 and older, and the average age of applicants during the five-year period was 61 years old.
83%
AG opinion quotes ratified constitutional provision on life without parole Legal fact
A Georgia Attorney General opinion quotes a provision ratified by the amendment to Ga. Const. Art. IV, Sec. II, Para. II stating that any general law previously enacted by the General Assembly providing for life without parole or for mandatory service of sentences without suspension, probation, or parole is ratified and approved, subject to amendment or repeal by general law.
BOP Central Office denied 32 pilot transfers over recidivism/public-risk concerns Statistic
The BOP's Central Office did not approve the transfer of 32 inmates to home detention under the elderly offender pilot program because the BOP determined the inmates were a risk for recidivism or endangering the public.
32 inmates denied transfer
NY 2009 drug law reform reduced prison admissions Statistic
Findings from the New York State Division of Criminal Justice Services' preliminary review of the drug law changes indicate that in the 12 months following implementation, approximately 1,000 fewer people went to State prison, including 300 individuals who were sentenced to either jail or probation due to the elimination of certain mandatory prison sentences.
1,000 fewer people vs. 300 sentenced to jail or probation
Paroled murderers recidivism rate under 1% vs. 48.7% overall Statistic
In a cohort of 860 convicted murderers paroled by California's Board since 1995, only five individuals returned to jail or to the California Department of Corrections and Rehabilitation for new felonies since release, none for life-term crimes, representing a recidivism rate of less than one percent, compared to the state's overall inmate population recommitment rate of 48.7 percent.
1% vs. 48.7 overall recommitment rate
Utah sixth state, first Republican-led, to authorize PIR Policy
Utah became the sixth state in the nation and the first Republican-led state to authorize Prosecutor-Initiated Resentencing (PIR), with the rule enacted by the Utah Board of Pardons and Parole as an administrative rule rather than through legislation.
8 of 12 remaining death-sentenced individuals got indeterminate terms; 4 determinate Statistic
Of the 12 remaining death-sentenced individuals resentenced in Alameda County, 8 were resentenced to indeterminate terms and will appear before the Board of Parole Hearings, and 4 were resentenced to determinate terms and presumably released immediately.
8 people vs. 4 determinate terms
Virginia sentencing reform objectives effective January 1, 1995 Legal fact
Virginia's sentencing reform abolished parole and adopted felony sentencing guidelines effective January 1, 1995, with four objectives: truth-in-sentencing, reducing good time so offenders serve at least 85 percent of their sentence, increasing actual time served for violent and repeat offenders, and diverting up to 25 percent of non-violent offenders to alternative sanctions.
Source
For The People: 585-1,003 years of incarceration saved in 88 cases Statistic
Between 585 and 1,003 years of incarceration were saved, according to advocacy group For The People, solely in a sample of 88 cases the organization directly supported.
585 years vs. 1,003 upper bound years saved
D.C. Code § 24-403.03(e)(2)(B) bars LWOP on resentencing Legal fact
D.C. Code § 24-403.03(e)(2)(B) provides that when resentencing a defendant under the second-look provision, the court shall not impose a sentence of life imprisonment without the possibility of parole or release, implying the law reaches cases that originally carried life or LWOP sentences.
RAPP self-description as grassroots campaign led by formerly incarcerated people Finding
Release Aging People in Prison (RAPP) describes itself as a grassroots advocacy organization created and led by formerly incarcerated people, family members of people in prison, and advocates, working to end mass incarceration and promote racial justice through the release of aging people in prison.
Michigan 2002 incarcerated drug offense population Statistic
By August 2002, according to the Michigan Department of Corrections, 7,557 people were incarcerated for manufacturing, delivering, possessing with intent, or possessing a Schedule 1 or 2 narcotic or cocaine, and 228 of those were serving a life term.
7,557 people vs. 228 serving a life term
Minnesota prosecutor-initiated sentence adjustments granted FY2025 Statistic
According to data from the Minnesota Judicial Branch, four petitions under Minnesota's prosecutor-initiated sentence adjustment statute (Minn. Stat. § 609.133) were granted in fiscal year 2025 (July 1, 2024, through June 30, 2025).
4 petitions
Georgia SB 440 sought adult trial for certain juvenile violent felons Legal fact
Georgia State Bill 440 attempted "to provide that certain juvenile offenders who commit certain violent felonies shall be tried as adults in the superior court."
Nebraska Supreme Court: Legislature sets parole eligibility Legal fact
The Nebraska Supreme Court held that while the Board of Parole determines release on and from parole, fixing eligibility for parole consideration is within the province of the Legislature.
NY drug law reform: 36% re-arrest for treatment vs 54% for incarceration Statistic
In a Vera Institute study, 36 percent of a sample of defendants who received treatment following New York's drug law reforms were re-arrested within two years, compared to 54 percent of defendants who were sentenced to prison, jail, probation, or time served before the laws changed.
36% vs. 54 re-arrest rate for pre-reform sentencing
HB 582 Georgia Survivor Justice Act sponsors Finding
The Georgia Survivor Justice Act (HB 582) is sponsored by Rep. Stan Gunter (8th), Rep. Matt Reeves (99th), Rep. Kimberly New (40th), Rep. Soo Hong (103rd), Rep. Tyler Paul Smith (18th), and Rep. James Burchett (176th), and sponsored in the Senate by Sen. Bo Hatchett.
USSC Drugs Minus Two study: 7,121 retroactivity group vs 7,132 comparison group Methodology note
This USSC study examines 7,121 federal offenders who received a reduced sentence through retroactive application of the Drugs Minus Two Amendment and a comparable group of 7,132 offenders who were released from federal prison without the benefit of the retroactive reduction.
NY Rockefeller Drug Law Reform signed April 7, 2009 Legal fact
New York's Rockefeller Drug Law Reform bill was signed by the Governor on April 7, 2009.
California prosecutor-initiated resentencing presumption favoring recall Legal fact
Under California's prosecutor-initiated resentencing statute, when a resentencing request comes from the Secretary of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, a county correctional administrator, a district attorney, or the Attorney General, there is a presumption favoring recall and resentencing of the defendant, which may only be overcome if a court finds the defendant currently poses an unreasonable risk of danger to public safety.
Utah SB0200 sponsors Legal fact
Utah's prosecutor-initiated resentencing legislation had Chief Sponsor Michael K. McKell and House Sponsor Karianne Lisonbee, both Republicans, in the 2024 General Session.
Source
AB 600 (Ting) allows judges to recall sentences but lacks process for incarcerated people Legal fact
The California Committee on Revision of the Penal Code's annual report states that AB 600 (Ting) authorized judges beginning in 2024 to recall a sentence any time applicable sentencing rules have changed, but noted the law does not require the judge to reconsider a sentence and provides no process for incarcerated people to request resentencing.
Source
Washington prosecutor-initiated resentencing statute Legal fact
Washington RCW 36.27.130(1) provides that the prosecutor of a county in which an offender was sentenced for a felony offense may petition the sentencing court to resentence the offender if the original sentence no longer advances the interests of justice.
Colorado habitual offender sentence modification after 10 years Legal fact
Colorado law provides that a defendant sentenced as a habitual offender to twenty-four years or more who has served at least ten calendar years may petition the court for modification of that sentence.
Source
D.C. Code § 24-403.03(c)(10) youth culpability factor applies despite brutality Legal fact
D.C. Code § 24-403.03(c)(10) directs the court to consider the diminished culpability of juveniles and persons under age 25 and hallmark features of youth, which counsel against lengthy prison terms 'despite the brutali[ty]' of the crime, indicating the statute's factors apply even to brutal/violent offenses.
No match for geriatric inmate age provisions in Alabama furlough statute Data gap
A search of Alabama Code § 14-14-3 (2025), Eligibility for Furlough, for 'geriatric inmate', '55 years of age' and 'age of 55' returned no match.
Michigan 2002 drug offense population under 50 grams Statistic
As of August 2002, of the 7,557 people incarcerated in Michigan for the specified drug offenses, 5,909 were serving for violations involving less than 50 grams.
5,909 people
Minnesota prosecutor-initiated sentence adjustment authority Legal fact
Minnesota's prosecutor-initiated sentence adjustment statute defines 'prosecutor' as the attorney general, county attorney, or city attorney responsible for the prosecution of individuals charged with a crime, and authorizes the prosecutor for the jurisdiction responsible for the prosecution of an individual convicted of a crime to commence a proceeding to adjust the sentence at any time after the initial sentencing, provided the prosecutor does not seek to increase the period of confinement.
Georgia seven-deadly-sins juvenile law passed April 1994 Legal fact
The Georgia seven-deadly-sins juvenile law was passed in April 1994.
Nebraska constitution permits Legislature to condition parole eligibility Legal fact
The Nebraska Supreme Court held that the plain language of the constitutional conditions clause recognizes that the Legislature may place conditions on parole eligibility, and that the conditions clause confers on the Board the power to grant paroles for any offenses except treason and cases of impeachment, but permits the Legislature to prescribe conditions.
HB 582 would allow evidence of family violence for justification defense Finding
The Georgia Survivor Justice Act bill's First Reader Summary describes an Act to amend Titles 16, 17, and 24 of the O.C.G.A., relating to crimes and offenses, criminal procedure, and evidence, so as to provide for defendants to support a justification defense by offering evidence of family violence, dating violence, or child abuse committed by the alleged victim.
No statistically significant recidivism difference after Drugs Minus Two retroactivity Finding
The U.S. Sentencing Commission found no statistically significant difference in the recidivism rates of offenders released an estimated average of 37 months early through the retroactive application of the Drugs Minus Two Amendment compared to a comparable group who served their full sentences.
NY CPL § 440.46 created for Class B drug offender resentencing Legal fact
New York created a new CPL § 440.46 for resentencing of some Class B drug offenders, with the procedure generally the same as that for Class A-I resentencing authorized by L. 2004, Ch. 738, § 23.
California resentencing court may reduce term or vacate conviction Legal fact
Under California's prosecutor-initiated resentencing statute, the resentencing court may, in the interest of justice, reduce a defendant's term of imprisonment by modifying the sentence, or vacate the defendant's conviction and impose judgment on a necessarily included lesser offense with the defendant's concurrence.
Utah compassionate release criteria Policy
The Utah Board of Pardons and Parole will consider a compassionate release if an incarcerated individual's public safety and recidivism risk is significantly reduced due to the effects or symptoms of advancing age, medical infirmity, disease, or disability, or mental health disease or disability.
46% of all California releases reoffend within 3 years vs 27% for Prop 36 early releases Statistic
The California Committee on Revision of the Penal Code found that about 46% of all people released from prison had a new conviction within 3 years, but only 27% of people released early under Proposition 36 did, a 42% difference, and less than 2% of those released early under Proposition 36 had a new conviction for a violent offense within 3 years.
46% vs. 27 percent for Prop 36 releases
Source
Washington resentencing cannot exceed initial sentence Legal fact
Under RCW 36.27.130(2), if the court grants a resentencing petition, the new sentence may not be greater than the initial sentence.
Connecticut compassionate parole release exceptions Legal fact
Connecticut's compassionate parole release statute allows the Board of Pardons and Paroles to grant release to any inmate serving any sentence of imprisonment, except an inmate convicted of a capital felony in effect prior to April 25, 2012, or murder with special circumstances in effect on or after April 25, 2012.
D.C. Code § 24-403.03 legislative history Legal fact
D.C. Code § 24-403.03 was added April 4, 2017 by D.C. Law 21-238 (the Incarceration Reduction Amendment Act), amended May 10, 2019 by D.C. Law 22-313 (the Second Look Amendment Act), and amended again effective April 27, 2021 by D.C. Law 23-274.
No match for passage actions on NY Assembly bill A00514 Data gap
A search of the New York State Assembly bill search page for A00514 for 'passed assembly', 'passed senate', 'signed by governor', 'chapter' and 'delivered to governor' returned no match.
Maryland HB0853 Second Look Act sponsorship Legal fact
Maryland bill HB0853, titled 'Postconviction Review - Procedure to Reduce Duration of Sentence (Maryland Second Look Act),' was sponsored by Delegate Pasteur among other delegates.
Source
Michigan 1998 Public Acts 314 and 319 amended 650-lifer law Finding
In 1998, Public Acts 314 and 319 amended the 650-lifer law to provide for a sentence of life or at least 20 years' imprisonment, rather than requiring a life sentence, and to provide for parole eligibility for people previously sentenced to life without possibility of parole for that offense.
93rd Minnesota Legislature DFL control Finding
The 93rd Minnesota Legislature was the first legislature to be fully DFL-controlled since the 88th Minnesota Legislature in 2013-15.
Sultenfuss: Georgia parole system creates no liberty interest Legal fact
The Eleventh Circuit, sitting en banc in Sultenfuss v. Snow, held that Georgia's parole system does not create a liberty interest in parole protected by the Due Process Clause.
Nebraska Supreme Court upholds life-sentence commutation requirement for parole eligibility Legal fact
The Nebraska Supreme Court concluded that the statute requiring commutation of a life sentence before parole eligibility properly exercises the Legislature's constitutional power to prescribe conditions for paroles, and rejected the claim that the statute was an unconstitutional usurpation of the Board's authority.
Hochul grants clemency to 13: 4 commutations, 9 pardons Case detail
Governor Hochul commuted the sentences of four individuals and granted pardons to nine individuals in a clemency announcement.
HB 582 enacted as Act 131, effective July 1, 2025 Finding
The Georgia Survivor Justice Act bill was signed by the Governor on 05/12/2025 as Act 131, with an effective date of 07/01/2025, after passing the House 166-2 on 03/06/2025, the Senate 53-1 on 04/02/2025, and the House again 164-0 on 04/04/2025 on the Senate substitute.
Retroactivity Group released average 37 months early Statistic
The Retroactivity Group studied by USSC in its Drugs Minus Two recidivism report was released on average 37 months early through retroactive application of the Drugs Minus Two Amendment.
37 months early (average)
NY Rockefeller Drug Law Reform effective dates Legal fact
New York's 2009 Rockefeller Drug Law Reform is now known as L 2009, ch 56, with parts effective April 7, 2009, June 6, 2009, October 7, 2009, and November 1, 2009.
Released prisoners aged 60+ had 16.5% three-year conviction rate Statistic
Among individuals released from CDCR, those aged 60 and over at release (1,329 people) had a three-year conviction rate of 16.5 percent.
16.5%
CRPC recommends resentencing eligibility for 8,500 under-26 and 11,700 over-50 long-term prisoners Finding
The California Committee on Revision of the Penal Code recommended that resentencing be more widely available, beginning with limited categories of eligibility such as people who have served at least 15 years and were either under age 26 at the time of offense (around 8,500 people) or are currently over the age of 50 (around 11,700 people), allowing judges to focus on people who present the lowest risk to public safety.
Source
Washington SB 6164 resentencing requests granted as of May 2024 Statistic
As of May 2024, 41 of the 42 resentencing requests filed by Washington prosecutors under SB 6164 had been granted by courts, with one hearing pending scheduling.
41 requests granted vs. 42 total requests
Delaware sentence modification for inmates 60+ who served 15 years Legal fact
Delaware law allows a person to apply for sentence modification if the person is 60 years of age or older, has served at least 15 years of the originally imposed Level V sentence, and the application is based solely on the person's rehabilitation.
D.C. Code § 24-403.03(g) prioritizes longest-incarcerated applicants Legal fact
D.C. Code § 24-403.03(g) provides that for applications filed by defendants for offenses committed after the defendant's 18th birthday, the court shall endeavor to prioritize consideration of applications from defendants incarcerated the longest.
Maryland HB0853 enactment status Legal fact
Maryland bill HB0853 was approved by the Governor as Chapter 96, and the bill's analysis included a Fiscal and Policy Note (Revised) and a Racial Equity Impact Note.
Source
Michigan 2002 Public Acts 665, 666, 670 eliminated drug mandatory minimums Finding
Michigan Public Acts 665, 666, and 670 of 2002 amend the Public Health Code, the Code of Criminal Procedure, and the Corrections Code to eliminate the mandatory minimum sentences for manufacturing, creating, delivering, possessing with intent, and possessing a Schedule 1 or 2 narcotic or cocaine, and provide for parole eligibility of people sentenced before March 1, 2003.
Mississippi geriatric parole eligibility Legal fact
Mississippi's geriatric parole provision makes a person serving a sentence who has reached the age of sixty or older and who has served no less than ten years of the sentence eligible for parole.
O.C.G.A. § 42-9-42 creates presumption against parole Legal fact
In Sultenfuss, the Eleventh Circuit found that the Georgia parole statute O.C.G.A. § 42-9-42 creates a presumption against parole rather than a mandate to release, stating "[n]o inmate shall be placed on parole unt[il and unless the board shall find...]"
Greenholtz: 'shall' plus four reasons creates presumption and liberty interest Legal fact
In Greenholtz, the Court held that the mandatory 'shall' language of the Nebraska parole statute, combined with the structure of its four specified reasons for deferral, 'creates a presumption that parole release will be granted' and this gives rise to a liberty interest entitled to due-process protection, while the amount of process required is minimal.
Bruce Bryant clemency case: 30+ years served of 37.5-to-life Case detail
Bruce Bryant, 53, convicted of Murder in the Second Degree, Attempted Murder in the Second Degree, and Criminal Possession of a Weapon in the Third Degree in 1996, had served more than 30 years out of a 37.5-year to life sentence when granted clemency.
Parole Board has constitutional authority to grant medical reprieve Policy
The State Board of Pardons and Paroles states on its own website that it has constitutional authority to grant a medical reprieve to any inmate it finds to be entirely incapacitated due to a progressively debilitating terminal illness.
USSC: 29% lower recidivism odds for sentences over 120 months Statistic
The U.S. Sentencing Commission found the odds of recidivism were approximately 29 percent lower for federal offenders sentenced to more than 120 months incarceration compared to a matched group of federal offenders receiving shorter sentences.
29%
Source
NY parole approval rate decline 2018-2022 Trend
DOCCS Board of Parole data shows the Total Initial approval rate (excluding Shock) decreased by 10 percentage points from 44% in 2018 to 34% in 2022, and the Total Non-Administrative approval rate decreased by 8 percentage points from 44% in 2018 to 36% in 2022.
Released prisoners aged 18-19 had 61.1% three-year conviction rate Statistic
Among individuals released from CDCR, those aged 18 and 19 at release (157 people) had a three-year conviction rate of 61.1 percent.
61.1%
820 persons eligible for geriatric parole in Virginia Statistic
As of July 31, 2022, there were 820 persons eligible for geriatric parole in Virginia.
820 persons
CRPC: direct court applications for resentencing increase access without harming safety Finding
The California Committee on Revision of the Penal Code's 'Expand Second-Look Resentencing' recommendation states that allowing people to apply directly to courts for resentencing, without relying on or waiting for law enforcement to identify them, will increase access to resentencing without harming public safety.
Source
Requests received by Washington prosecutors for resentencing Statistic
Prosecutors reported having received a total of 1,251 requests from imprisoned people for resentencing, although some may have pertained to other policy reforms, with most pertaining to SB 6164.
1,251 requests
DC U.S. Attorney urged rejection of Second Look Act Legal fact
The U.S. Attorney's Office for the District of Columbia strongly urged the Council to reject Bill 23-0127 pending further deliberation of the serious concerns it had identified, including whether sufficient aftercare resources are in place.
D.C. Code § 24-403.03(c) requires consideration of U.S. Attorney recommendation Legal fact
D.C. Code § 24-403.03(c) lists among the factors a court must consider 'any report or recommendation received from the United States Attorney.'
Unger class releases as of January 2019 Statistic
As of January 2019, 193 members of the Unger class in Maryland had come home.
193 people
Michigan 2002 drug offense population over 7,500 Statistic
As of August 2002, over 7,500 inmates in Michigan's current institution/camp population were serving sentences for the eight applicable drug offenses under the mandatory minimum structure being eliminated by the 2002 legislation.
7,500 inmates
Mississippi geriatric parole exclusions Legal fact
Mississippi's geriatric parole provision excludes inmates sentenced as habitual offenders, for a crime of violence, for an offense that specifically prohibits parole release, for trafficking in controlled substances, for a sex crime, or who have not served one-fourth of the sentence imposed.
Georgia statutes differ from Nebraska and Montana in creating presumption against parole Legal fact
In Sultenfuss v. Snow, the Eleventh Circuit found that, unlike the Nebraska and Montana statutes, the Georgia statutes actually create a presumption against parole.
Nebraska statute text: release unless deferred for four reasons Legal fact
The Nebraska statute at issue in Greenholtz provided: 'Whenever the Board of Parole considers the release of a committed offender who is eligible for release on parole, it shall order his release unless it is of the opinion that his release should be deferred because' of four enumerated reasons, one being that continued correctional treatment 'will substantially enhance his capacity to lead a law-abiding life when released at a later date.'
SB 440 is Juvenile Justice Reform Act of 1994, not Sentence Reform Act Legal fact
Georgia's Department of Corrections states that Senate Bill 440 is the Juvenile Justice Reform Act of 1994, which gave the superior (adult) court exclusive jurisdiction over trial of juveniles 13-17 alleged to have committed the '7 deadly sins' offenses, not the adult Sentence Reform Act of 1994.
USSC: 18% lower recidivism odds for sentences of 60-120 months Statistic
The U.S. Sentencing Commission found the odds of recidivism were approximately 18 percent lower for offenders sentenced to more than 60 months up to 120 months incarceration compared to a matched group of federal offenders receiving shorter sentences.
18%
Source
NY A-1 violent felony parole interviews decline 28% 2018-2022 Trend
The number of Initial Interviews for A-1 Violent Felony Offenses declined by 28% between 2018 and 2022, while the approval rate for these cases increased by 6 percentage points from 36% in 2018 to 42% in 2022.
CDCR recidivism report covers 36,086 releases in FY2018-19 Methodology note
CDCR's recidivism report examines recidivism outcomes defined as arrest, conviction, and return-to-prison rates for the 36,086 individuals released from CDCR's adult institutions between July 1, 2018 and June 30, 2019.
Virginia enacted geriatric parole in 1994 Legal fact
Virginia enacted geriatric parole in 1994 as part of the abolition of discretionary parole.
72% of PIR cases under review >6 months in RAND evaluation Statistic
A RAND evaluation found that among California cases awaiting a prosecutor's decision on whether to proceed under prosecutor-initiated resentencing, 72% had been under review for more than 6 months, in an evaluation covering the first 18 months of the pilot program.
72%
Source
Recidivism rate for Washington juvenile offenders released early Statistic
In Washington, the recidivism rate among people who returned home early after receiving a very long or life sentence for a crime committed as a juvenile is remarkably low: just two (2.1 percent) of 98 such people have been convicted of a new felony.
2.1%
DC Second Look Act proposed extending IRAA to crimes before age 25 Legal fact
Bill 23-0127 proposed, among other things, to amend the IRAA by extending it to defendants who have committed their crimes before age 25.
ALI Model Penal Code § 305.6 creates second-look right after 15 years Legal fact
The ALI comment to Model Penal Code: Sentencing § 305.6 states the provision is new to the Code and creates a second-look process for sentence modification available to prisoners who have served exceptionally long terms, and that after 15 years of continuous confinement prisoners are given the right to apply to a judicial panel or other judicial decisionmaker for possible modification of their original sentences.
Maryland JUVRA motions decided in first year Statistic
According to a Maryland Office of the Public Defender report described by The BayNet, 36 motions for sentence reduction under the Juvenile Restoration Act had been decided by Circuit Courts across Maryland in the law's first year, and in 23 of those cases courts reduced the sentence to allow for immediate release from prison.
36 motions vs. 23 motions granted immediate release
Michigan parole guidelines departure standard Legal fact
Michigan's parole-guidelines statute allows the parole board to depart from parole guidelines only for '[s]ubstantial and compelling objective reasons,' limited to specified circumstances such as a pattern of ongoing behavior while incarcerated indicating the prisoner would be a substantial risk to public safety, including major misconducts or additional criminal convictions.
Mississippi geriatric parole hearing requirement Legal fact
Miss. Code § 47-7-18(1) requires a hearing before the Parole Board for inmates convicted of a sex offense, a crime of violence, or who are eligible for geriatric parole, before such inmates may be released on parole.
Sultenfuss rationale: presumption against parole plus unbounded official discretion Legal fact
The Eleventh Circuit en banc in Sultenfuss v. Snow held that Georgia's parole system does not create a liberty interest in parole implicating the Due Process Clause because the system contains a statutory presumption against parole and fails to limit meaningfully the discretion of state officials.
DOCCS recidivism measure: 3-year return-to-custody rate Methodology note
DOCCS defines its recidivism measure in the 2018 Releases report as return rates based on a three-year follow-up period, covering both individuals released from parole program facilities and those released from correctional facilities in 2018.
Campbell v. State upholds mandatory minimum sentencing statute Legal fact
Campbell v. State held that the legislature acted within constitutional bounds in establishing maximum and minimum punishment and eliminating judicial discretion in sentencing certain serious violent offenders, rejecting a separation-of-powers challenge to Georgia's mandatory minimum sentencing statute.
Federal Elderly Offender/Terminally Ill program authority expired end of FY2023 Policy
The Federal Bureau of Prisons' authority to make referrals for the Elderly Offender and Terminally Ill program under 34 U.S.C. 60541 expired at the end of fiscal year 2023; from January 2023 through September 2023 there were 31 individuals placed in the program, and the FBOP has placed approximately 1,250 individuals in this program since April 2019.
NY 2022 parole approval rates by demographic group Statistic
In 2022, approval rates for Non-Administrative Parole Board Interviews were highest among incarcerated women (46%), individuals in their 50's (42%), and individuals sentenced in Upstate Rural counties (45%).
46% vs. 42 % for individuals in their 50's
California County Resentencing Pilot: 240 of 1,146 case reviews referred to court Statistic
RAND's evaluation of the California County Resentencing Pilot Program found that among 1,146 case reviews initiated during the reporting period, 240 cases were referred to the court for resentencing, DA offices decided not to refer 710 cases that they had reviewed, and 196 cases were still under DA review or deferred for future review.
240 cases referred vs. 1,146 case reviews initiated
Twelve states have geriatric parole Statistic
Twelve states have geriatric parole, according to the Virginia State Crime Commission.
12 states
CDCR-initiated resentencing recidivism: 4% at 1 year, 10% at 2 years, 14% at 3 years Statistic
Among people released through CDCR-initiated resentencing, 4 percent were convicted of a new offense within one year of release, 10 percent within two years, and 14 percent within three years, compared to 21 percent, 33 percent, and 42 percent respectively among total CDCR releases.
4% vs. 21 percent for total releases at 1 year
Washington Democratic trifecta in 2020 Statistic
Washington was one of 15 Democratic state government trifectas at the start of 2020 legislative sessions.
15 states
DC: fifty-plus defendants preparing or granted IRAA relief Statistic
The U.S. Attorney's Office for the District of Columbia stated there were fifty-plus defendants who were in the process of preparing IRAA motions or who had brought IRAA motions and been granted relief after a hearing.
50 defendants
ALI Model Penal Code § 305.6 directs legislature to authorize judicial modification after 15 years Legal fact
The ALI's Model Penal Code: Sentencing § 305.6 directs that the legislature shall authorize a judicial panel or other judicial decisionmaker to hear and rule upon applications for modification of sentence from prisoners who have served 15 years of any sentence of imprisonment.
Maryland JUVRA and SLA codification and eligibility Legal fact
The Maryland Office of the Public Defender states that JUVRA and SLA are codified at Maryland Criminal Procedure Article § 8-110 and allow most people who have served at least 20 years of a sentence for a crime committed when they were under the age of 25 to file a motion asking the court to reduce their sentence.
Michigan parole guidelines development requirement Legal fact
Michigan's parole guidelines statute provides: '(1) The department shall develop parole guidelines that are consistent with section 33(1)(a) to govern the exercise of the parole board's discretion under sections 34 and 35 as to the release of prisoners on parole under this act.'
Mississippi SB 2795 immediate parole eligibility Statistic
Mississippi's SB 2795 (the Earned Parole Eligibility Act) took effect July 1, 2021, with approximately 600 people immediately eligible for parole as a result.
600 people
Board rule 475-3-.05: parole guidelines create no liberty interest Policy
In Sultenfuss v. Snow, the Board's own rule 475-3-.05 states that the Georgia Parole Decision Guidelines System "is an aid to the Board in making more consistent, soundly based and explainable parole decisions and does not create a liberty interest," reserving the Board's right to exercise discretion to disagree with the guidelines recommendation.
NY 2018 releases: 8.2% of murder convictions returned in 3 years Statistic
In DOCCS' Releases from Custody report, among 466 individuals released after a Murder conviction, 38 (8.2%) returned to DOCCS custody within three years, including 7 (1.5%) on a new commitment and 31 (6.7%) on a parole violation.
8.2%
Campbell v. State defendants asserted separation of powers violation Legal fact
In Campbell v. State, the defendants asserted that a mandatory minimum sentencing statute (OCGA § 17-10-6.1(b)) violates the separation of powers doctrine of Art. I, Sec. II, Para. III of the Georgia Constitution.
First Step Act Section 404: average sentence cut 239 to 166 months (696 cases) Statistic
For cases with sentence-reduction data under First Step Act Section 404, the average sentence decreased from 239 months to 166 months, a decrease of 73 months (29.4 percent) from the current sentence, across 696 cases.
73 months reduction (average) vs. 29.4 percent decrease from current sentence
NY 2022 A-1 violent felony parole approval by race Statistic
The 2022 approval rate for African-American individuals convicted of an A-I Violent Felony was 37%, higher than the 22% approval rate among White individuals convicted of the same offense category.
37% vs. 22 % for White individuals
California County Resentencing Pilot: 227 of 233 court rulings resulted in resentencing Statistic
RAND's evaluation of the California County Resentencing Pilot Program found that of the 233 cases for which courts had ruled on a resentencing motion, 227 resulted in resentencing, and 174 of those individuals had been released from prison.
227 cases resentenced vs. 233 court rulings
Virginia Parole Board geriatric decisions: 725 total, 178 parole-eligible Statistic
The Virginia Parole Board made 725 total geriatric parole decisions, of which 25% (178) were parole-eligible offenders.
725 decisions vs. 178 parole-eligible offenders
Washington Senate and House majorities after 2018 election Statistic
Following the 2018 election, Democrats had a 29-20 majority in the Washington Senate and a 57-41 majority in the House.
29 seats vs. 20 Republican seats
DC: approximately forty-plus defendants brought back pending IRAA motions Statistic
The U.S. Attorney's Office for DC stated approximately forty-plus defendants had been brought back to the jurisdiction pending resolution of their IRAA motions.
40 defendants
First Step Act Section 404 resentencing: 2,523 cases, mean reduction 72 months Statistic
Under the First Step Act Section 404 resentencing provisions, the national total was 2,523 cases with a mean current sentence of 274 months, mean new sentence of 202 months, a mean decrease of 72 months, and a mean percent decrease of 24.8 percent from the current sentence.
2,523 cases vs. 72 mean months reduced
Eligible population for JUVRA and SLA Statistic
The Maryland Office of the Public Defender states that at the time of their enactment it had identified more than 150 people eligible for sentence reconsideration under JUVRA and more than 500 people eligible under the SLA.
150 people vs. 500 people eligible under SLA
Michigan homicide offender recidivism after release Statistic
Among 820 people released from Michigan prisons who had served for homicide, only 2 (0.2 percent) were convicted of a new homicide offense, and 47 (5.7 percent) were convicted of any new sentencing offense.
2 people vs. 820 people released
Source
Mississippi SB 2795 signed into law Legal fact
Mississippi Governor Tate Reeves signed SB 2795 into law on April 22, 2021, after having vetoed a similar bill the prior year.
Sultenfuss dissent: legislature mandated use of parole guidelines Legal fact
The Sultenfuss dissent argued that the Georgia legislature, by enacting O.C.G.A. § 42-9-40, mandated that the Parole Board implement and use parole guidelines taking into account specified factors, and that the Board's position that it retains unfettered discretion to depart from the guidelines is at odds with that legislative mandate.
New Jersey Byrne: 'shall ... unless' statute creates protected expectation of parole Legal fact
The New Jersey Supreme Court in New Jersey Parole Board v. Byrne held that N.J.S.A. 30:4-123.53(a) contains the same 'shall ... unless' phrasing as the Nebraska statute in Greenholtz, and that this statute creates a protected expectation of parole in inmates who are eligible for parole.
NY 2018 releases: older returnees mostly non-violent property/other (52%) Statistic
In DOCCS' 2018 Releases from Custody report, Table 7.2 shows that among individuals aged 50 or older who returned to prison for committing a new crime, they were most likely to return for non-violent Property and Other crimes (52%), while the highest return rate for individuals under age 50 was for Violent Felony Offenses (29%).
52% vs. 29 under-50 violent felony return rate
OCGA § 42-9-45 parole eligibility restrictions for certain crimes Legal fact
A Georgia parole statute provides that except to correct a patent miscarriage of justice, no inmate serving a sentence for voluntary manslaughter, statutory rape, incest, cruelty to children, first-degree arson, vehicular homicide while under the influence or as a habitual violator, aggravated battery, aggravated assault, drug trafficking, or RICO violations shall be granted parole until serving on good behavior seven years or one-third of the sentence, whichever first occurs, and shall not be paroled for the purpose of regulating jail or prison populations.
First Step Act Section 404 motion authority Legal fact
The First Step Act authorizes the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or the court to make a motion to reduce an offender's sentence under Section 404.
NY A-1 violent offense parole approval rate trend 2017-2021 Trend
DOCCS Board of Parole data for Initial Interviews shows the A-1 Violent Offenses parole approval rate rose each year from 30% in 2017 (102 of 339 interviews granted) to 36% in 2018, 37% in 2019, 38% in 2020, and 41% in 2021 (128 of 315 interviews granted).
Virginia Parole Board geriatric decisions: 759 total, 184 parole-eligible, 575 TIS Statistic
The Virginia Parole Board made 759 total geriatric parole decisions, of which 24% (184) were parole-eligible offenders and 76% (575) were truth-in-sentencing offenders considered for geriatric conditional release.
759 decisions vs. 575 truth-in-sentencing offenders
47% of CDCR-referred cases granted resentencing as of Dec 2024 Statistic
As of December 2024, 47% of those referred to California courts had been granted resentencing under CDCR-initiated resentencing.
47%
Washington ESSB 5288 removed robbery second degree from three-strikes Legal fact
In 2019, the Washington Legislature passed ESSB 5288, which removed robbery in the second degree from the definition of a most serious offense, thereby removing the offense as a three-strike offense.
Source
102nd Illinois General Assembly convened Jan 13, 2021, adjourned Jan 10, 2023 Finding
The 102nd Illinois General Assembly, consisting of the Illinois House and Illinois Senate, convened on January 13, 2021, and adjourned sine die on January 10, 2023.
First Step Act Section 404: 3,705 motions granted, 46 excluded from analysis Statistic
Of 3,705 cases in which a court granted a motion for a sentence reduction due to Section 404 of the First Step Act of 2018, the U.S. Sentencing Commission analyzed the resulting reductions; 46 were excluded because they could not be matched with an original case in the Commission's records.
3,705 cases vs. 46 cases excluded
Maryland abolishes juvenile life without parole Legal fact
WTOP News reported that life-without-parole sentences for juveniles were abolished in Maryland when the state's General Assembly overturned Governor Larry Hogan's veto, with the Senate overturning it on Saturday and the House following suit a few hours later, after Hogan had vetoed the bill on Thursday.
Mississippi presumptive parole conditions Legal fact
Mississippi's presumptive-parole statute provides that other parole-eligible inmates 'shall be released from incarceration to parole supervision on the inmate's parole eligibility date, without a hearing before the board,' if the inmate meets the parole case plan requirements, no victim has requested a hearing, the inmate has no serious or major violation report in the past six months, has agreed to supervision conditions, and has an approved discharge plan.
HB 1176 passed unanimously, signed May 2, 2012 Legal fact
HB 1176, which enacted significant adult corrections reforms recommended by the Special Council on Criminal Justice Reform for Georgians, passed the General Assembly unanimously and was signed into law by Gov. Nathan Deal on May 2, 2012.
New Jersey Byrne: two statutes combine to create liberty interest Legal fact
The New Jersey Supreme Court in Byrne stated that N.J.S.A. 30:4-123.51(j) and N.J.S.A. 30:4-123.53(a) combine to create the liberty interest in that case.
NY 2018 releases: under-21 return rate 40% vs 31% for 21+ Statistic
In DOCCS' 2018 releases cohort, 40% of individuals under 21 when released returned to custody within three years, while 31% of those 21 or older returned; the average age of releases increased from 29 among 1985 releases to 37 among 2018 releases.
40% vs. 31 return rate for 21+
Fulton County judge ruled 90% policy ineffective Legal fact
The Georgia State Board of Pardons and Paroles' FY2005 Annual Report states that a new rule replacing the Board's prior 90% policy came about after a Fulton County judge ruled that 'the Board's 90% policy in 1997 was implemented improperly and as a result is ineffective and has no force or effect.'
USSC retroactivity data cutoff: motions granted through April 30, 2019 Methodology note
The USSC's June 2019 retroactivity data report states the data reflects all Section 404 First Step Act motions granted through April 30, 2019 and for which court documentation was received, coded, and edited at the Commission by May 17, 2019.
NY return-to-custody rates by offense: lowest categories Statistic
Among New York DOCCS releases tracked over a three-year follow-up, individual crimes with the lowest return-to-custody rates included Criminally Negligent Homicide (12%) and Murder (12%).
12%
Source
California County Resentencing Pilot filled gap by focusing on crimes against persons Finding
RAND's evaluation found that the California County Resentencing Pilot Program filled a gap in sentencing policies by focusing on crimes against persons, and that each county developed its own eligibility criteria for resentencing consideration, focusing on factors such as the age of the inmate, the crime committed, and the length and other details of the sentence.
Virginia Parole Board geriatric grants: 24 total, 10 parole-eligible, 14 TIS Statistic
The Virginia Parole Board issued 24 total geriatric parole grants, of which 42% (10) were parole-eligible offenders and 58% (14) were truth-in-sentencing offenders.
24 grants vs. 14 truth-in-sentencing offenders
California AB 2942 (2018) chaptered as Chapter 1001, first PIR law Legal fact
California's 2018 bill on criminal procedure recall of sentencing (the first prosecutor-initiated resentencing law) was chaptered by the Secretary of State as Chapter 1001, Statutes of 2018, and approved by the Governor on 09/30/18.
Washington robbery second degree resentencing bill passage votes Statistic
Washington's bill making robbery-second-degree resentencing retroactive passed the Senate 28-21 and the House 52-46 on final passage, effective July 25, 2021.
28 votes vs. 21 opposing votes
Source
102nd Illinois General Assembly election results Finding
The election that decided the membership of the 102nd Illinois General Assembly resulted in the Democratic supermajority gaining one seat in the Senate and losing one seat to the Republican party in the House of Representatives.
ALI members approved Model Penal Code: Sentencing final draft May 2017 Legal fact
Members of the American Law Institute voted at the end of May 2017 at the organization's 2017 annual meeting to approve the final draft of Model Penal Code: Sentencing.
Unger v. State citation Legal fact
Unger v. State is reported at 427 Md. 383.
Mississippi presumptive parole exclusions Legal fact
Mississippi's presumptive-parole provision excludes from automatic release inmates convicted of a sex offense, a crime of violence, or those eligible for geriatric parole, who instead must have a hearing before the Parole Board.
HB 349 (2013) allowed judicial deviation from drug mandatory minimums Legal fact
In March 2013 the General Assembly passed, and Governor Deal subsequently signed, HB 349, which spawned a second round of criminal justice reforms; media attention focused largely on a provision allowing judges, in certain circumstances, to deviate from mandatory minimum sentences in some drug cases.
N.J.S.A. 30:4-123.53: release at primary parole eligibility unless otherwise indicated Legal fact
N.J.S.A. 30:4-123.53, titled 'Release of inmate,' provides that an adult inmate shall be released on parole at the time of primary parole eligibility, unless information supplied in a report or developed at a hearing indicates otherwise.
NY 2018 releases: 9.2% of age 65+ returned vs 31.6% overall Statistic
Of the 325 people released from New York DOCCS custody in 2018 who were age 65 and over at release, 30 (9.2%) returned to custody within three years, compared to 31.6% for the full 20,921-person 2018 release cohort.
9.2% vs. 31.6 overall return rate
Parole Handbook quotes constitutional authority for medical reprieve and elder parole Legal fact
A document hosted on the Parole Board's site (a Parole Handbook by the Southern Center for Human Rights) quotes the Georgia Constitution as giving the Board authority to 'issue a medical reprieve to an "entirely incapacitated person suffering a progressively debilitating terminal illness" or "parole any person who is age 62 or older."'
First Step Act Section 404 eligibility tied to pre-August 3, 2010 sentencings Legal fact
Section 404 of the First Step Act provides that any defendant sentenced before the effective date of the Fair Sentencing Act of 2010, August 3, 2010, who did not receive the benefit of that Act's statutory penalty changes is eligible for a sentence reduction as if Sections 2 and 3 of the Fair Sentencing Act of 2010 were in effect at the time of sentencing.
NY Murder release cohort three-year return outcomes Statistic
In DOCCS' release cohort three-year follow-up, of 325 people released after a Murder commitment offense, 40 (12.3%) returned to custody for any reason, 3 (0.9%) returned for a new felony conviction, and 37 (11.4%) returned for other reasons.
325 people vs. 40 returned to custody
Source
1,613 Three Strikes inmates released under Proposition 36 as of April 2014 Statistic
A total of 1,613 inmates sentenced to life in prison for non-violent crimes under California's Three Strikes law have been released from custody, according to CDCR data, as reported in a report dated April 2014.
1,613 people
Virginia Parole Board geriatric decisions: 901 total, 193 parole-eligible, 708 TIS Statistic
The Virginia Parole Board made 901 total geriatric parole decisions, of which 21% (193) were parole-eligible offenders and 79% (708) were truth-in-sentencing offenders considered for geriatric conditional release.
901 decisions vs. 708 truth-in-sentencing offenders
4,723 people resentenced under California Prop 47; 47% drug, 38% property primary offenses Statistic
More than 4,700 people in California prisons were resentenced under Proposition 47, and half were in custody for a felony drug offense; of the 4,723 people resentenced, 47% had a felony drug offense as their primary offense, 38% had a property offense, and 15% were incarcerated for a more serious offense but had a subordinate property or drug offense.
4,723 people
King County resentencings under three-strikes review Statistic
King County, Washington's Prosecuting Attorney's Office resentenced 13 people under its three-strikes/second-degree robbery review between June and August of 2021, as the first cases on its docket, with many more resentencings to come.
13 people
Illinois prosecutor-initiated resentencing if sentence no longer advances interests of justice Legal fact
Under Illinois law, at any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court to resentence the offender if the original sentence no longer advances the interests of justice.
Cook County Resentencing Initiative eligibility criteria Policy
The Cook County State's Attorney's Office Resentencing Initiative includes criteria for persons who have served at least 10 years of sentence for a drug-related offense, persons age 65 or older who have served at least 20 years for a non-sex and non-homicide offense, persons under 21 at the time of offense who have served at least 15 years for a non-sex and non-homicide offense, and persons who have served at least 10 years for a theft/robbery/burglary offense.
Unger v. State holding on jury instructions Legal fact
The Maryland Court of Appeals in Unger v. State held that the Stevenson and Montgomery opinions set forth a new interpretation of Article 23 and established a new state constitutional standard, such that defense counsel's failure to object to advisory-only jury instructions before those decisions did not waive the claim.
Mississippi habitual offender and drug trafficker parole ineligibility Legal fact
Under Mississippi law, offenders convicted as habitual criminals or drug traffickers are not eligible for parole, however they may petition the court for parole eligibility.
New York A00514 status: referred to Codes, never enacted Legal fact
As of the actions listed on New York Assembly bill A00514's own page, the bill was referred to the Correction committee on 01/08/2025, reported and referred to Codes on 04/02/2025, and referred to Codes again on 01/07/2026 -- it was never passed by the Assembly or enacted.
NY elder parole legislation stalled; Medicaid reentry passed Finding
New York lawmakers did not move forward with a package of parole changes, including elder parole measures, that would have expanded early release opportunities for older people in prison; elder parole measures saw no action that legislative session.
Federal elderly offender home detention eligibility criteria Legal fact
The federal elderly offender home detention pilot program under 34 U.S.C. 60541(g) defines an eligible elderly offender as a Bureau of Prisons offender not less than 60 years of age who is serving a term of imprisonment that is not life imprisonment for an offense that does not include a crime of violence, sex offense, or certain terrorism/chapter 37 offenses, and has served two-thirds of the term of imprisonment.
Source
5-year arrest rate: released state prisoners 65+ (25.6%) vs 55-64 (46.3%) Statistic
Among 3,100 released state prisoners who were age 65 or older at release, the cumulative arrest percentage reached 25.6% by Year 5 following release, compared to 46.3% for the 19,100 released at ages 55-64.
25.6% vs. 46.3 released state prisoners ages 55-64, 5-year cumulative arrest rate
Approximately 1,000 NY inmates eligible for resentencing under Rockefeller reform Statistic
Under New York's Rockefeller Drug Law Reform Act, approximately 1,000 New York State inmates were eligible for resentencing.
1,000 inmates
Source
Recidivism rate of Proposition 36 releases is 1.3% Statistic
The recidivism rate of prisoners released under California's Proposition 36 is 1.3 percent.
1.3%
Virginia Parole Board geriatric grants: 77 total, 21 parole-eligible, 56 TIS Statistic
The Virginia Parole Board issued 77 total geriatric parole grants, of which 27% (21) were parole-eligible offenders and 73% (56) were truth-in-sentencing offenders.
77 grants vs. 56 truth-in-sentencing offenders
King County Sentence Review Unit priority case categories Policy
King County Prosecuting Attorney's Office Sentence Review Unit's priority case categories include non-homicide cases with sentences of 15 years or more where there are no serious injuries and non-homicide cases with sentences of 20 years or more where injuries are deemed minor.
Illinois resentencing statute has no offense-category exclusion Legal fact
The Illinois resentencing-by-the-People statute contains no offense-category exclusion provision; it provides only that a resentencing shall not reopen the defendant's conviction to challenges that would otherwise be barred, and that nothing in the section limits the Governor's power to grant a reprieve, commutation, or pardon.
USSC 2010 cohort: older offenders rearrest 21.3 percent vs 53.4 percent under 50 Statistic
In the US Sentencing Commission's release cohort 2010, over an eight-year follow-up period, older offenders (n=4,091) had a rearrest rate of 21.3 percent compared to 53.4 percent for offenders under 50 (n=28,044).
21.3% vs. 53.4 percent rearrest (under 50)
Unger cohort recidivism by new convictions Statistic
The recidivism rate for the Unger-released cohort, measured by new convictions (including minor offenses but excluding driving/traffic offenses), is about 2 percent, compared to approximately 40 percent recidivism rate for Maryland overall.
2% vs. 40 percent recidivism for Maryland overall
Source
Michigan 2018 Senate Republican supermajority loss Finding
The Republican Party maintained control of both chambers of the Michigan State Legislature in the 2018 election, but the Michigan State Senate lost its Republican supermajority status after it no longer held the minimum 26 seats necessary.
Mississippi H.B. 585 (2014) passage Legal fact
The Mississippi Legislature passed H.B. 585 (2014) by a vote of 105-13 in the House and unanimously in the Senate, and Governor Bryant signed it into law on March 31, 2014.
Source
§ 42-9-42(c) parole standard: reasonable probability of law-abiding conduct Legal fact
O.C.G.A. § 42-9-42(c) currently provides that "No inmate shall be placed on parole until and unless the board shall find that there is reasonable probability that, if he or she is so released, he or she will live and conduct himself or herself as a respectable and law-abiding person and that his or her release will be compatible with his or her own welfare and the welfare of society."
New York A00514 elder parole interview provision Finding
New York Assembly bill A00514, sponsored by Davila, adds new subdivisions to Executive Law section 259-c providing that a person 55 or older who has served at least 15 years of a sentence shall have an interview with the Board of Parole to determine whether they should be released, within 60 days of their 55th birthday or the last day of the 15th year of their sentence, whichever is later; if release is not granted, a subsequent interview follows no more than 24 months later.
NY Elder Parole bill: 55+ with 15 years served may apply; 31 Senate co-sponsors Legal fact
State Sen. April Baskin became the 31st co-sponsor of the Elder Parole legislation, which would permit incarcerated individuals aged 55 or older who have served at least 15 years of their sentence to apply for parole; the proposal would not grant automatic parole or guarantee release.
First Step Act lowered age to 60 and service threshold to two-thirds Legal fact
The First Step Act substituted '60 years of age' for '65 years of age' and substituted two-thirds for 75 percent as the portion of sentence that must be served, in the federal elderly offender home detention pilot statute's definitions.
Source
5-year conviction rate: released state prisoners 65+ (13.0%) vs 55-64 (30.5%) Statistic
Among released state prisoners who were age 65 or older, the cumulative percent with an arrest leading to a conviction reached 13.0% by Year 5 following release, compared to 30.5% for those released at ages 55-64.
13% vs. 30.5 released state prisoners ages 55-64, 5-year conviction rate
NY Class B drug felons resentenced and released as of Sept 30, 2010 Statistic
As of September 30, 2010, 421 Class B drug felons serving indeterminate sentences with more than a three-year maximum in New York State prison had been resentenced, and 327 had been released; those released left DOCS custody an average of 10 months before their previously calculated earliest release dates.
421 people resentenced vs. 327 released
Recidivism rate of all other California inmates over same period over 30% Statistic
The recidivism rate of all other California inmates released from prison over the same period of time is over 30 percent.
30%
Virginia Parole Board geriatric decisions: 566 total, 71 parole-eligible, 495 TIS Statistic
The Virginia Parole Board made 566 total geriatric parole decisions, of which 13% (71) were parole-eligible offenders and 87% (495) were truth-in-sentencing offenders considered for geriatric conditional release.
566 decisions vs. 495 truth-in-sentencing offenders
45% of California parole hearings in 2024 were for elderly parole eligible persons Statistic
Of California parole hearings, 3,581, or 45% of all hearings, were for persons eligible for an elderly parole hearing, up from 42% in 2023.
3,581 hearings vs. 42 percent in 2023
Source
D.C. IRAA resentencings and denials by March 2025 Statistic
By March 2025, 250 people had been resentenced under D.C.'s Incarceration Reduction Amendment Act (IRAA/Second Look law), and 64 petitions had been denied.
250 people vs. 64 denied petitions
Illinois 725 ILCS 5/122-9 purpose of resentencing by the People Legal fact
Illinois's codified prosecutor-initiated resentencing statute states its purpose: by providing a means to reevaluate a sentence after some time has passed, the General Assembly intends to give the State's Attorney and the court another tool to ensure sentencing purposes are achieved.
Source
Maryland 2016 Justice Reinvestment Act signing Legal fact
On May 19, 2016, Maryland Governor Larry Hogan (R) signed into law S.B. 1005, the Justice Reinvestment Act, which was developed by the bipartisan Justice Reinvestment Coordinating Council and passed unanimously in the Senate.
Michigan homicide offender recidivism over 14 years Statistic
In a Michigan study, only 2.7% of 2,558 homicide offenders released over a period of 14 years were returned for any new crime against a person and just 0.5% were returned for another homicide.
2.7% vs. 2,558 homicide offenders released
Greene v. Georgia Pardons & Parole Bd.: no liberty interest under § 42-9-42 Legal fact
A Georgia federal district court held that the current Georgia parole system, as reflected in O.C.G.A. § 42-9-42, does not require the board to grant parole based on specified findings and therefore does not give rise to a liberty interest; because the plaintiff had no liberty interest in parole, procedural due process could not have been violated and summary judgment was appropriate (Greene v. Georgia Pardons & Parole Bd., 807 F. Supp. 748, 1992 U.S. Dist. LEXIS 17695 (N.D. Ga. 1992)).
New York parole regulation requires individualized reasons for departing from risk assessment Policy
New York's Board of Parole regulation on parole release decision-making provides that if a Board determination denying release departs from the Department Risk and Needs Assessment's scores, the Board shall specify any scale from which it departed and provide an individualized reason for such departure.
Federal elderly offender pilot program ran fiscal years 2019-2023 Legal fact
The federal elderly offender pilot program was scoped to be carried out during fiscal years 2019 through 2023.
Source
5-year return-to-prison rate: released state prisoners 65+ (14.4%) vs 55-64 (24.5%) Statistic
Among released state prisoners who were age 65 or older, the cumulative percent who returned to prison for a parole/probation violation or new-sentence arrest reached 14.4% by Year 5 following release, compared to 24.5% for those released at ages 55-64.
14.4% vs. 24.5 released state prisoners ages 55-64, 5-year return-to-prison rate
NY Rockefeller Drug Laws enacted 1973 Legal fact
New York's Rockefeller Drug Laws were enacted in 1973 and mandated long prison sentences for many drug offenders; in April 2009 the Legislature instituted significant changes that eliminated mandatory prison sentences for some drug offenses.
Elderly Parole Eligible Date: 25 years served and age 60 under 2014 order Legal fact
California's Elderly Parole Eligible Date for elderly parole hearings under the 2014 Three-Judge Panel order is the date offenders have served 25 years of incarceration and reached age 60.
Georgia geriatric parole: age 62, no minimum sentence, no exclusions Legal fact
The Virginia State Crime Commission's state comparison table lists Georgia's geriatric parole minimum age as 62 with no minimum sentence served requirement, and states that there are no exclusions set forth in Georgia's state parole statutes.
53% of California parole grants in 2024 were to elderly parole eligible persons Statistic
Of 1,150 California parole grants, 606 (53%) were to persons eligible for an elderly parole hearing, up from 44% in 2023.
606 grants vs. 44 percent in 2023
Source
D.C. IRAA initial and amended eligibility requirements Legal fact
The initial version of D.C.'s Incarceration Reduction Amendment Act (IRAA), effective in 2017, provided second look hearings for youth convicted as adults for offenses committed before age 18 and after serving 20 years, who had not yet become eligible for release on parole. In 2018, the law was amended to reduce the time required to be served from 20 years to 15 years and struck the parole-eligibility provision.
Maryland 2025 amendment to Juvenile Restoration Act Legal fact
In 2025, the Maryland legislature amended its 2021 Juvenile Restoration Act to permit individuals aged 18-24 to file a motion to reduce their sentence after serving at least 20 years, excluding those sentenced to life without parole and those who committed particular crimes including the murder of a first responder and a number of crimes of a sexual nature. Over 600 persons are expected to be eligible for consideration under the new provision.
Illinois SB2129 authorizes prosecutor-initiated resentencing Legal fact
Illinois's prosecutor-initiated resentencing law authorizes the State's Attorney to petition the sentencing court to resentence an offender if the original sentence no longer advances the interests of justice, and allows the court to resentence on that same finding.
Maryland safety valve retroactivity Legal fact
Maryland's Justice Reinvestment Act allows the state's 'safety valve,' which enables judges to sentence below mandatory minimum levels if certain conditions are met, to be applied retroactively, permitting inmates serving mandatory minimums for drug offenses to apply to have their sentences reviewed.
Michigan parolable lifer recidivism 1900-2003 Statistic
Of 688 parolable lifers released in Michigan from 1900-2003, only 15 were returned to prison with new sentences.
15 people vs. 688 parolable lifers released
Mississippi Senate Republican control 2020-2024 Statistic
In the 2020–2024 Mississippi State Senate, party control was Republican, with Republicans holding 36 seats.
36 seats
§ 16-13-31(g)(2)(A) criteria for departing from drug-trafficking mandatory minimum Legal fact
O.C.G.A. § 16-13-31(g)(2)(A) lets the sentencing court, in its discretion, depart from the mandatory minimum drug-trafficking sentence if the defendant was not a leader of the criminal conduct, did not possess or use a firearm, dangerous weapon, or hazardous object during the crime, the conduct did not result in death or serious bodily injury to a non-participant, the defendant has no prior felony conviction, and the interests of justice will not be served by the mandatory minimum.
New York parole regulation: Board guided by risk and needs principles Policy
Under this provision of the Board of Parole's regulations, in making a release determination the Board shall be guided by risk and needs principles, including the inmate's risk and needs scores as generated by a periodically-validated risk assessment instrument prepared by DOCCS, and if a Board determination denying release departs from those scores the Board must specify the scale it departed from and provide an individualized reason.
One NY parole reform signed 2021; Elder and Fair and Timely Parole stalled Finding
State lawmakers had already passed one parole reform measure, which Gov. Kathy Hochul signed in 2021, but the Elder Parole bill and the Fair and Timely Parole bill had languished in the Legislature since then.
Federal compassionate release: age 70 and 30 years served under 3559(c) Legal fact
Federal compassionate release law allows sentence reduction where the defendant is at least seventy years of age and has served at least thirty years in prison pursuant to a sentence imposed under section 3559(c).
Source
NY Class B drug offender resentencing eligibility effective October 2009 Legal fact
Effective October 2009, an eligible New York class B felony drug offender committed to prison with an indeterminate sentence greater than 1-3 years can apply to be resentenced to a determinate term in accordance with the new sentence ranges.
8,000 parole grants in last 10 years with 2-4% general recidivism Statistic
Despite the significant increase in the number of parole grants to inmates serving long sentences (8,000 parole grants in the last 10 years) the recidivism rates for these formerly incarcerated persons remains very low, at two to four percent for general recidivism and less than one percent for recidivism involving felony crimes against persons.
8,000 parole grants vs. 4 percent general recidivism
Louisiana geriatric parole: age 45 with 20 years, or 60 with 10 years Legal fact
The Virginia State Crime Commission's state comparison table lists Louisiana's geriatric parole minimum age/sentence-served requirements as 45 years old with 20 years served, and 60 years old with 10 years served, with an exclusion for crime of violence and felony sex offense.
49% of California parole denials in 2024 were to elderly parole eligible persons Statistic
Of 2,614 California parole denials, 1,272 (49%) were to persons eligible for an elderly parole hearing, up from 47% in 2023.
1,272 denials vs. 47 percent in 2023
Source
D.C. compassionate release grants during COVID-19 Statistic
The D.C. Corrections Information Council last reported that from March 2020 through March 16, 2021, 143 individuals were granted compassionate release under D.C.'s COVID-era compassionate release provision.
143 individuals
Illinois resentencing statute allows consideration of disciplinary and rehabilitation record Legal fact
Illinois's prosecutor-initiated resentencing statute lets the court consider the inmate's disciplinary record and record of rehabilitation while incarcerated as a postconviction factor in deciding whether to resentence.
Maryland JRCC projected prison population reduction Statistic
The Maryland Justice Reinvestment Coordinating Council projected that its 19 policy recommendations together would reduce the state's prison population 14 percent, to 17,600, by 2026 and save $247 million over the next decade.
14% vs. 17,600 projected prison population by 2026
Michigan paroled lifers returned for violations 2005-2013 Statistic
Of 121 lifers who were paroled from January 2005-May 2013, five have been returned to prison for parole violations, of whom only three had been sentenced for committing new crimes and just one had committed a new assaultive offense.
5 people vs. 121 lifers paroled
Mississippi House Republican seats 2020-2024 Statistic
In the 2020–2024 Mississippi House of Representatives, Republicans held 76 seats.
76 seats
§ 16-13-31(g)(3) departure on prosecutorial agreement Legal fact
O.C.G.A. § 16-13-31(g)(3) also lets the sentencing court, in its discretion, depart from the drug-trafficking mandatory minimum sentence when the prosecuting attorney and the defendant have agreed to a sentence below that mandatory minimum.
Daniel O'Donnell joined NY Board of Parole in 2025 after 2003-2024 Assembly tenure Case detail
Commissioner Daniel O'Donnell joined the New York State Board of Parole in 2025, having served as New York State Assemblymember representing the 69th district from 2003-2024.
Second Look Act reintroduced: petition after 10 years served Finding
U.S. Representative Sydney Kamlager-Dove and U.S. Senator Cory Booker reintroduced legislation that would allow individuals serving decades-long federal sentences to petition courts for a sentence reduction or release after having served at least 10 years.
NY Class A-I and A-II drug offenders resentenced and released as of Dec 31, 2008 Statistic
As of December 31, 2008, a total of 252 Class A-I felony drug offenders had been resentenced pursuant to New York's Drug Law Reform Act (DLRA) and released from DOCS' custody an average of 50 months prior to their previously calculated earliest release dates, and a total of 232 Class A-II felony drug offenders had been resentenced and released an average of 13 months prior to their previously calculated earliest release dates.
252 Class A-I offenders vs. 232 Class A-II offenders
Six states have prosecutor-initiated resentencing laws as of 2024 Legal fact
As of 2024, in addition to California, five other states - Washington, Oregon, Illinois, Minnesota and Utah - have prosecutor-initiated resentencing (PIR) laws, and in the prior three years PIR legislation had been introduced in six other states - Florida, Georgia, Maryland, Massachusetts, and others.
Maryland geriatric parole: age 60 with 15 years Legal fact
The Virginia State Crime Commission's state comparison table lists Maryland's geriatric parole minimum requirements as age 60 with 15 years served, with an exclusion for a crime requiring sex offender registration.
32% grant rate for elderly parole eligible hearings in 2024, unchanged from 2023 Statistic
32% of California parole hearings held for persons eligible for an elderly parole hearing resulted in a grant, unchanged from 32% in 2023.
32% vs. 32 percent in 2023
Source
Federal compassionate release motions filed and granted 2019-2023 Statistic
From October 2019 through September 2023, 31,069 federal compassionate release motions were filed, of which 4,952 (16%) were granted and 26,117 (84%) were denied.
31,069 motions vs. 4,952 granted
Louisiana elderly parole eligibility at age 60 after 10 years Legal fact
Louisiana law makes a person committed to the Department of Public Safety and Corrections who has served at least ten years of the term of imprisonment in actual custody eligible for parole consideration upon reaching age sixty, provided the offender has not been convicted of a crime of violence or a sex offense.
Unger cohort recidivism as of March 2024 Statistic
As of March 2024, the recidivism rate for new convictions is 3.5 percent for all 200 individuals released under Unger v. State in Maryland.
3.5%
Michigan objective parole bill no entitlement to parole Finding
The Michigan House Fiscal Agency's bill analysis states the objective parole bill 'would specify that there is no entitlement to parole' and would result in 'a savings to the state, eventually.'
Mississippi Senate Republican control 2012-2016 Finding
In the 2012–2016 Mississippi State Senate, party control was Republican.
§ 16-13-31(g) enacted by HB 1176 (2012), amended by HB 349 (2013) Legal fact
The history of O.C.G.A. § 16-13-31(g) shows the subsection was enacted by Ga. L. 2012, p. 899, § 3-8, under HB 1176, and amended by Ga. L. 2013, p. 222, § 4, under HB 349.
Daniel O'Donnell confirmed by NY Senate June 12, 2025 Case detail
Daniel O'Donnell was confirmed by the NYS Senate on June 12, 2025.
Second Look Act rebuttable presumption of release at age 50+ Finding
The Second Look Act would create a rebuttable presumption of release for petitioners who are 50 years of age or older on the date of the petition.
377 NY Class A-I drug offenders resentenced under DLRA Statistic
A total of 377 inmates convicted of Class A-I felony drug offenses have been resentenced under New York's Drug Law Reform Act.
377 inmates
Colorado 2023 judicial modification for habitual offenders sentenced to 24+ years Legal fact
The Sentencing Project's report lists Colorado's mechanism as a 'Review for Lengthy Habitual Offender Sentences' and states that in 2023 Colorado enacted a judicial modification opportunity for those convicted under the habitual offender laws who have been sentenced to 24 years or more, which is categorized separately from the report's 'Prosecutor-Initiated Resentencing' category of California, Illinois, Minnesota, Oregon, Washington, and Utah.
Mississippi geriatric parole: age 60, 10 years or one-fourth of sentence Legal fact
The Virginia State Crime Commission's state comparison table lists Mississippi's geriatric parole minimum requirements as age 60 with 10 years served and a minimum of one-fourth of the total sentence imposed, with exclusions for habitual offender, crime of violence, trafficking in controlled substance, and felony sex offense.
Less than 1% recidivism among 860 murderers paroled in California since 1995 Statistic
Among 860 murderers paroled by California's Board of Parole Hearings since 1995, only five individuals had returned to jail or CDCR custody for new felonies, a recidivism rate of less than one percent, compared to the state's overall inmate recommitment rate of 48.7 percent for new crimes.
5 people vs. 48.7 percent overall recommitment rate
D.C. age-based second look statute Legal fact
The District of Columbia currently has the most expansive age-based second look judicial review statute in the country. The second look law permits an individual to file a reconsideration of sentence if the offense occurred before the individual's 25th birthday and after 15 years of imprisonment.
Louisiana Supreme Court struck down post-conviction plea agreement statute Legal fact
The Louisiana Supreme Court struck down a Louisiana statute intended to make it easier for prosecutors to seek relief for individuals serving unduly harsh sentences, which had allowed a district attorney and defendant to jointly enter a post-conviction plea agreement with approval of the district court.
Maryland JRA eliminated certain drug mandatory minimums Legal fact
In Maryland, in 2016 the Maryland General Assembly enacted, and the Governor signed, the Justice Reinvestment Act (JRA), which, among other things, eliminated certain mandatory minimum sentences for persons convicted as subsequent offenders of certain drug offenses.
Michigan objective parole bill projected eventual savings Finding
The Michigan House Fiscal Agency's fiscal analysis of the objective parole bill projected the bill 'would result in a savings to the state, eventually.'
Substantial-assistance motion for reduced drug-trafficking sentence Legal fact
A Georgia drug trafficking statute provides that the district attorney may move the sentencing court to impose a reduced or suspended sentence upon a person convicted who provides substantial assistance in the identification, arrest, or conviction of accomplices, accessories, coconspirators, or principals.
S. 5396 Second Look Act introduced by Senator Booker, referred to Judiciary Finding
The federal Second Look Act bill in the 118th Congress was introduced by Senator Cory A. Booker of New Jersey, who introduced the bill and had it read twice and referred to the Senate Committee on the Judiciary.
360 NY Class A-II drug offenders resentenced under 2005 legislation Statistic
As of December 31, 2008, a total of 360 inmates convicted of Class A-II felony drug offenses have been resentenced under New York's 2005 drug law legislation.
360 inmates
Over 1,000 people resentenced nationally via PIR as of June 2025 Statistic
As of June 2025, over 1000 people have been resentenced nationally as a result of prosecutor-initiated resentencing (PIR), with approximately half (about 500) of those resentenced in California and the rest in other states.
1,000 people vs. 500 people resentenced in California
Oklahoma geriatric parole: age 60, 10 years or one-third of sentence Legal fact
The Virginia State Crime Commission's state comparison table lists Oklahoma's geriatric parole minimum requirements as age 60 with 10 years served or one-third of the sentence, whichever is less, excluding violent offenses and persons required to register as a sex offender.
1,000 prisoners released under California Prop 36 (Three Strikes Reform) Statistic
According to the Stanford Three Strikes Project / NAACP LDF progress report, as of its publication 1,000 prisoners had been released under California's Proposition 36 (Three Strikes Reform) resentencing process.
1,000 prisoners
Five states passed prosecutor-initiated resentencing laws; Georgia considered but did not vote Finding
Louisiana was one of five states that had recently passed prosecutor-initiated resentencing laws, along with California, Washington, Illinois and Oregon; five other states - New York, Minnesota, Massachusetts, Georgia and Maryland - considered similar bills, though none were brought to a vote.
Maryland Democratic trifecta in 2025 Statistic
Democrats won a 34-13 majority in the Maryland Senate and a 102-39 majority in the House, and the party also controlled the governorship, creating a Democratic state government trifecta.
34 seats vs. 13 Republican seats in Senate
S. 5396 introduced November 21, 2024 Finding
The federal Second Look Act of 2024, S. 5396, was introduced in the Senate on November 21, 2024, in the 118th Congress.
NY Elder Parole bill S454 provisions Legal fact
New York's Elder Parole bill would add new subdivisions 18 and 19 to section 259-c of the Executive Law: subdivision 18 would provide that a person 55 or older who has served at least 15 years of a sentence shall have an interview with the Board of Parole to determine whether they should be released to community supervision within 60 days of their 55th birthday or the last day of the 15th year of their sentence, whichever is later, with a subsequent interview no more than 24 months later if release is not granted; subdivision 19 would require the Board of Parole to report quarterly to the Governor, Legislature and public about the outcomes of elder parole.
Colorado geriatric parole: age 64 with 20 years Legal fact
The Virginia State Crime Commission's state comparison table lists Colorado's geriatric parole minimum requirements as age 64 with 20 years served, excluding a Class 1 or 2 felony, unlawful sexual behavior, crimes involving domestic violence, and stalking.
Over 1,000 released under Prop 36 per CDCR data; each originally sentenced to life for minor crime Statistic
According to data provided by the California Department of Corrections, over 1,000 prisoners had been released from custody under Proposition 36 as of the Stanford Three Strikes Project report, with each having been sentenced to life under the Three Strikes law for a minor crime such as petty theft or simple drug possession.
1,000 prisoners
Fewer than 2% of Prop 36 releases charged with new crimes vs 16% for non-Prop 36 Statistic
Fewer than 2 percent of prisoners released under California's Proposition 36 had been charged with new crimes, compared with an average recidivism rate of 16 percent over a similar time period for non-Proposition 36 inmates leaving California prisons, according to the Stanford Three Strikes Project report.
2% vs. 16 percent for non-Prop 36 inmates
Louisiana Act 280 retroactively modified good time release dates Legal fact
Louisiana Act 280 retroactively modified the earliest 'good time' release date for a group of individuals convicted of nonviolent offenses.
Maryland Senate approval of Second Look Act Statistic
The Senate approved the bill 31-16 and sent it back to the House, which had approved the bill two weeks ago, on an 89-49 vote; House members voted 89-47 for the amended bill Thursday night and sent it to the governor.
31 votes vs. 16 opposing votes in Senate
H.R. 8549 Second Look Act of 2026 introduced in House Finding
H.R. 8549 is titled the Second Look Act of 2026 and is catalogued by GovInfo as BILLS-119hr8549ih, an introduced House bill.
NY Elder Parole bill S454 status Legal fact
New York Senate Bill S454, the Elder Parole bill, as of the stored page remains in the 'In Senate Committee' stage, and had not passed the Senate, passed the Assembly, been delivered to the Governor, or been signed by the Governor.
Texas geriatric parole: age 65, no minimum sentence Legal fact
The Virginia State Crime Commission's state comparison table lists Texas's geriatric parole minimum age as 65 with no minimum sentence served requirement; persons serving a sentence for an aggravated offense of a violent or sexual nature will be considered only if terminally ill or in need of long-term care.
California Elderly Parole Program eligibility: age 50+ and 20 years served Legal fact
California's Elderly Parole Program, Penal Code § 3055, covers an inmate who is 50 years of age or older and has served a minimum of 20 years of continuous incarceration on the inmate's current sentence.
Louisiana Q4 2017: 5,392 released with average 43.60 months good time/CTRP credit Statistic
In the fourth quarter of 2017, 5,392 individuals in Louisiana were released and earned, on average, 43.60 months of good time and/or CTRP credit.
5,392 people vs. 43.6 average months of good time/CTRP credit
Oklahoma Pardon and Parole Board votes 527 commutations Case detail
The Oklahoma Pardon and Parole Board voted to send 527 names to Governor Kevin Stitt for approval, in what is believed to be the largest single prison sentence commutation in U.S. history.
Sources
195 cited sources backing this research.
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Journalism
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Legislation
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Journalism
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Tertiary
Data portal
Secondary
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Secondary
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Primary
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Primary
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Secondary
Journalism
Tertiary
Data portal
Primary
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Secondary
Academic
Primary
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Press release
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Tertiary
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Journalism
Key Entities
Organizations, people, facilities, and other named entities referenced in this research.
18 U.S.C. 3582
[legislation]
650-lifer law
[legislation]
81st Oregon Legislative Assembly
[organization]
A01283
[legislation]
AB 1448
[legislation]
AB 2942
[legislation]
AB 3234
[legislation]
AB 600
[legislation]
ACLU of Maryland
[organization]
Adams v. Nebraska Board of Parole
[case]
Alameda County
[organization]
American Law Institute
[organization]
April Baskin
[person]
Board of Pardons v. Allen
[case]
Bruce Bryant
[person]
Bureau of Justice Statistics
[organization]
Byrd v. State
[case]
California AB-2942
[legislation]
California AB-600
[legislation]
California Board of Parole Hearings
[organization]
California Committee on Revision of the Penal Code
[organization]
California County Resentencing Pilot Program
[program]
California Department of Corrections and Rehabilitation
[organization]
California Elderly Parole Program
[program]
California Penal Code § 1172.1
[legislation]
California Penal Code § 3055
[legislation]
California Policy Lab
[organization]
California Proposition 36
[legislation]
California Proposition 47
[legislation]
Campbell v. State
[case]
Colorado House Bill 23-1292
[legislation]
Connecticut
[organization]
Connecticut Board of Pardons and Paroles
[organization]
Cook County State's Attorney's Office
[organization]
Cory Booker
[person]
Daniel O'Donnell
[person]
Delaware
[legislation]
Delaware Department of Correction
[organization]
Delegate Pasteur
[person]
District of Columbia
[organization]
District of Columbia Second Look Act
[legislation]
DOJ Office of the Inspector General
[organization]
Elder Parole bill
[legislation]
Fair and Timely Parole Act
[legislation]
Fair Sentencing Act of 2010
[legislation]
Federal Bureau of Prisons
[organization]
First Step Act
[legislation]
For The People
[organization]
Free Minds Book Club
[organization]
Freeman v. State
[case]
FWD.us
[organization]
George Gascón
[person]
Georgia
[organization]
Georgia Attorney General
[organization]
Georgia Board of Pardons and Paroles
[organization]
Georgia Constitution
[legislation]
Georgia Department of Corrections
[organization]
Georgia General Assembly
[organization]
Georgia State Board of Pardons and Paroles
[organization]
Greene v. Georgia Pardons & Parole Bd.
[case]
Greenholtz v. Inmates of Neb. Penal and Correctional Complex
[case]
Greenholtz v. Inmates of Nebraska Penal Complex
[case]
Hayward v. Danforth
[case]
HB 1176
[legislation]
HB 1269
[legislation]
HB 349
[legislation]
HB 582
[legislation]
HB 894
[legislation]
Hewitt v. Helms
[case]
Illinois Compiled Statutes
[legislation]
Illinois General Assembly
[organization]
Illinois SB2129
[legislation]
IRAA
[legislation]
John Bel Edwards
[person]
John Engler
[person]
Juvenile Restoration Act
[legislation]
Kathy Hochul
[person]
Kevin Stitt
[person]
King County Prosecuting Attorney's Office
[organization]
Klint Kesto
[person]
L.B. 50
[legislation]
Larry Hogan
[person]
Los Angeles County
[organization]
Louisiana Act 280
[legislation]
Louisiana Department of Public Safety and Corrections
[organization]
Louisiana Legislature
[organization]
Louisiana Supreme Court
[organization]
Maryland General Assembly
[organization]
Maryland Justice Reinvestment Coordinating Council
[organization]
Maryland Office of the Public Defender
[organization]
Michigan Department of Corrections
[organization]
Michigan House Fiscal Agency
[organization]
Michigan Legislature
[organization]
Minnesota Judicial Branch
[organization]
Minnesota Legislature
[organization]
Minnesota Sentencing Guidelines Commission
[organization]
Mississippi Earned Parole Eligibility Act
[legislation]
Mississippi Legislature
[organization]
Mississippi Parole Board
[organization]
Montana Board of Pardons and Parole
[organization]
Moore v. Ray
[case]
Nathan Deal
[person]
Nebraska Board of Parole
[organization]
New Jersey
[organization]
New Jersey Parole Board v. Byrne
[case]
New Jersey State Parole Board
[organization]
New York Assembly Bill A00514
[legislation]
New York Board of Parole
[organization]
New York State Assembly
[organization]
New York State Board of Parole
[organization]
New York State Department of Corrections and Community Supervision
[organization]
New York State Division of Criminal Justice Services
[organization]
New York State Executive Law
[legislation]
New York State Senate
[organization]
New York State Senate Bill S2144
[legislation]
NYU Law Center on Race, Inequality, and the Law
[organization]
O.C.G.A. § 16-13-31
[legislation]
O.C.G.A. § 17-10-6.1
[legislation]
O.C.G.A. § 42-9-40
[legislation]
O.C.G.A. § 42-9-42
[legislation]
Office of the Public Defender
[organization]
Oklahoma
[organization]
Oklahoma Court of Criminal Appeals
[organization]
Oklahoma Pardon and Parole Board
[organization]
Oregon
[organization]
ORS 137.218
[legislation]
Padilla v. Utah Board of Pardons and Parole
[case]
Parole Decision Guidelines System
[program]
Parole Preparation Project
[organization]
Phil Bryant
[person]
Plata/Coleman v. Newsom
[case]
Proposition 36
[legislation]
Prosecutor-Initiated Resentencing
[program]
RAND Corporation
[organization]
Release Aging People in Prison (RAPP)
[organization]
Rockefeller Drug Law Reform
[legislation]
Sandin v. Conner
[case]
SB 440
[legislation]
SB0200
[legislation]
Second Chance Act
[legislation]
Second Look Act
[legislation]
Second Look Amendment Act (SLAA)
[legislation]
Second Look Project
[program]
Sentence Reform Act of 1994
[legislation]
Southern Center for Human Rights
[organization]
Special Council on Criminal Justice Reform for Georgians
[organization]
Stanford Criminal Justice Center
[organization]
Stanford Three Strikes Project
[organization]
Stanley Bellamy
[person]
State Board of Pardons and Paroles
[organization]
Sultenfuss v. Snow
[case]
Swart v. State
[case]
Swarthout v. Cooke
[case]
Sydney Kamlager-Dove
[person]
Tate Reeves
[person]
Texas
[organization]
Texas Court of Criminal Appeals
[organization]
The Sentencing Project
[organization]
U.S. Attorney's Office for D.C.
[organization]
U.S. Attorney's Office for the District of Columbia
[organization]
U.S. District Court for the Northern District of Georgia
[case]
U.S. Sentencing Commission
[organization]
UC Berkeley Law Criminal Law and Justice Center
[organization]
Unger case
[case]
Unger group
[case]
Unger v. State
[case]
Utah
[organization]
Utah Board of Pardons and Parole
[organization]
Vera Institute of Justice
[organization]
Virginia
[organization]
Virginia Commission on Parole Abolition and Sentencing Reform
[organization]
Virginia Department of Corrections
[organization]
Virginia General Assembly
[organization]
Virginia Parole Board
[organization]
Virginia State Crime Commission
[organization]
Washington State Legislature
[organization]