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>> Second Look

Campaign Brief:
Advancing Second Look Legislation

Many challenges in Michigan’s prisons stem from a single source: our prison sentences are among the longest in the nation. In particular, long sentences have caused an aging and expensive prison population and contributed to staffing shortages at Michigan prisons. One policy change could help solve both problems.

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Background

People in Michigan prisons serve among the longest average minimum sentences in the nation, growing 66.7% from 7.2 years in the year 2000 to 12 years in 2022. And that’s just the minimum sentence — not the actual sentence a person served — and it doesn’t account for the decades of incarceration known by many people serving life sentences. While the numbers are now a decade old, a 2013 survey from the Urban Institute found that Michigan had an average prison stay of 8.9 years for someone serving a sentence for a violent offense — giving us the distinction of having people serving the longest sentences for violent offenses in the nation. However, in many cases, those long sentences aren’t necessary to protect the public. Research tells us that most people age out of crime by the time they are 50.

These long sentences have several consequences for our state. It directly translates to having one of the oldest prison populations. Older populations are associated with more health concerns and greater health care costs. The larger prison population also requires more prison staff — everyone from guards to administrators to medical professionals — at a time when the Michigan Department of Corrections already struggles to find enough workers. And all of this comes at the expense of Michigan taxpayers.

Michigan can address its problems with prison staffing shortages and soaring prison health care costs at the same time. After they have served several years of life or a long sentence, a person should be able to have their sentence reviewed by a judge. We already trust our judges to sentence people when they have committed harm — we can also trust them to review sentences to make sure they are fair and reasonable. This would create incentives for people who are incarcerated to invest in their own rehabilitation, develop job skills and plan for their futures, while reducing the problems of prison staffing shortages and prison health care spending.
Second Look policies allow a sentence to be reconsidered after a period of time. Policies similar to Second Look have been adopted to help populations of long-serving people in places like Florida and Oregon. Our proposal would give a person who has served at least 20 years in a Michigan prison the ability to have their sentence reviewed by a judge who could resentence them at their discretion. The policy doesn’t guarantee that a person will be resentenced, but it does incentivize people to show good behavior and make a good use of their time while incarcerated.

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