Senate Bill 494 - the Juvenile Restoration Act - is the single most important recent piece of legislation for juvenile lifers and others who received a long sentence at a young age.
Coming into effect on October 1, 2021, the bill creates a pathway back to court.
Here are the details:
Anyone who was under 18 years old at the time of the offense and has served more than 20 years (day for day) may file a motion for sentence modification, referred to in the law as a motion to reduce the duration of sentence
The court must schedule a hearing on this motion (hearings can be by video)
A person may file three motions to “reduce the duration” under Senate Bill 494, with the hearings at least three years apart
A judge must find that a person is no longer a threat to public safety before the court may reduce the sentence
Senate Bill 494 also allows a judge to go below a mandatory minimum sentence when sentencing a juvenile charged as an adult
Finally, this bill bans any future life without parole sentences for juveniles
Importantly, this bill provides for motions to reduce the duration of sentence only for sentences imposed before October 1, 2021. If you are sentenced after that date, you are not eligible to file a motion under Senate Bill 494.