Maryland Must Pass the Maryland Second Look Act this legislative session

At every stage in Maryland's criminal legal system, we see documented cases of racial profiling by police and glaring racial disparities in arrests and sentencing. In fact, Maryland is the state that incarcerates the highest percentage of Black people in the country. Presently, 71 percent of the people in prison are Black, more than twice the national average and far outranking states like Mississippi and Alabama.

We urgently need to remedy this issue, which affects Black families and communities across our state. This legislative session, I am calling on you to pass the Maryland Second Look Act. The Second Look Act would reduce the existing racial disparities by creating more meaningful avenues for sentence reconsideration for Marylanders who have demonstrated their rehabilitation after serving a minimum of 20 years in prison.

The Second Look Act would not automatically grant release to anyone; however, it would give judges the power to examine eligible individuals on a case-by-case basis. Furthermore, the judge is required to find that the individual is not a danger to the public and that the interests of justice will be better served by a reduced sentence. This bill would also create a viable incentive for potential release - contributing to public safety both inside and outside prison walls. Marylanders who are incarcerated can express genuine remorse, focus on personal transformation, and give back to their communities and loved ones, without worrying that conceding guilt would eliminate any hope of resentencing.

Research shows that young adults' brains are still developing into their late 20s, and historically, recidivism rates decrease among people released from prison in their 40s and beyond. Moreover, all the available evidence we have in Maryland supports the fact that people serving extreme sentences are the least likely to reoffend. In the 12 years since the Maryland Supreme Court held that improper jury instructions invalidated the life with parole sentences of 235 people, 96% of those released have remained in the community without incident. These folks, 90 percent of whom are Black, spent an average of 40 years behind bars when they could have been contributing to our communities in those decades. The average age at the time of conviction was 24 years old. In the last two years, dozens of people returning to the community through parole or the Juvenile Restoration Act have shown similarly compelling success rates.

In the not-so-distant past, Black people were excessively sentenced and denied parole based on shameful and now repudiated "super predator" mythology. While racial disparities can be found at every sentencing level, they are most pronounced in lengthy and extreme sentences. Arbitrarily excluding certain sentences or convictions from review ensures that improper sentences due to racism and other biases remain unchecked.