Second look laws could include disability reviews

The Sentencing Project urged fifteen states, the District of Columbia, and the federal government to expand second look sentencing policies to include consideration of a person’s disability.

These policies allow courts to revisit lengthy prison terms after a decade or more to determine if the original sentence still serves justice and public safety.

The Sentencing Project found that current second look laws do not address the unique challenges faced by incarcerated people with disabilities, even though these individuals do not commit crimes at higher rates than others.

Sara Cohbra, Second Look Network Director at The Sentencing Project, explained that a disability-inclusive review would not guarantee release, but would allow judges to consider how a person’s disability influenced their offense, their experience in the legal system, their time in prison, and their ability to successfully rejoin the community. The organization proposes a model statute to guide lawmakers in creating these disability-inclusive reviews.

The Sentencing Project also advocates for mandatory disability training for law enforcement, judges, prosecutors, and defense attorneys. This training would ensure that disability is recognized and properly accommodated throughout the entire legal process. Federal laws like the Americans with Disabilities Act already require accommodations, but prisons often fail to adequately support people with disabilities, leading to lifelong consequences.

The proposed statute would apply to cases where a disability affected the crime itself, interactions with law enforcement, access to legal representation, experiences in prison, or reentry planning.