Rights Groups Urge Cosponsorship of the Second Look Act

Dear Congressperson:

No other country imposes life imprisonment or decades-long incarceration on its population to the degree it is imposed in the United States.[1] Reams of criminological evidence demonstrate that this reliance on long sentences produces diminishing returns on public safety, substantially contributes to mass incarceration, and perpetuates racial disparity in the criminal justice system.[2] Thus, the Justice Roundtable, represented by the undersigned organizations, urges you to cosponsor the Second Look Act (H.R. 3795/S. 2146), introduced by Representative Karen Bass and Senator Cory Booker, to restore more proportionality in federal sentencing by reexamining excessive prison terms, and allowing for release in cases of redemption and transformation.

The Second Look Act would allow judges to consider petitions for sentence reductions after a person has served at least 10 years. To grant release, the court must find that the person is not a danger to public safety and demonstrates readiness for reentry, and that the interests of justice warrant a sentence modification. Petitioners who are 50 or older would have a rebuttable presumption of release.

A case in point is Matthew Charles, who received a standing ovation from members of Congress when President Trump introduced him at the State of the Union in February and welcomed him home. Sentenced to 35 years, Mr. Charles served over 20 years in federal prison before being released due to the newly-enacted First Step Act’s retroactive sentencing reform. He has gone on to become an inspiring advocate for change and is a reminder of the lost potential locked away in federal prisons. 

Criminal behavior is most common during teenage years and tapers off during young adulthood.[3] Incarcerating people after they have aged out of their crime-prone years comes at great expense. Long sentences add little deterrent effect on crime. Research shows that deterrence is a function of the certainty of punishment, not its severity.[4] Long sentences are also costly and impede public investments in effective crime prevention, substance use treatment, and other rehabilitative efforts that produce healthier and safer communities.

When Congress ended federal parole and established a determinate sentencing system, the federal prison population was 49,378.[5] It has increased 260% since then, and half of the people in prison are serving a sentence longer than 10 years.[6] Overcrowded federal prisons and staffing shortages have contributed to dangerous conditions and limited opportunities for rehabilitation. The Second Look Act provides an opportunity to safely reduce our prison population by alleviating our bloated prison system of wasteful and ineffective sentences. 

We urge you to cosponsor the Second Look Act (H.R. 3795/S. 2146) to ensure more fairness and effectiveness in our federal justice system.

If you have questions, please contact the Justice Roundtable’s Sentencing Reform Working Group chairs: Kara Gotsch (kgotsch@sentencingproject.org) and Nkechi Taifa (Nkechi@thetaifagroup.com).

Sincerely,