A SECOND LOOK

 words by Charles Brooks 

There is an opportunity for state legislators to fundamentally shape the criminal justice system in Maryland after years of high rates of racial disparities caused by mass incarceration, and the over-criminalization of Black folks.  Consider that Black people make up an incredible 71% of the prison population while 30% of the state population are Black folk.  

The spotlight is now on Maryland state senators in the Judicial Proceedings Committee as they take on sentence reforms.  On January 30th, the opportunity presented itself again as the committee heard testimony from both supporters as well as opponents of the proposed Second Look Act, sponsored by State Senator Charles E. Sydnor, III.  This proposed legislation allows an individual to file a petition to reduce a sentence if the individual has served at least 20 years. 

Bear in mind that as of January 2025,  1,738 are serving 20 or more years, while 1303 are serving life sentences and 331 serving life sentences without the possibility of parole. Back in 2022, there was a report ranking Maryland fourth in the nation for the  proportion of its prison population, incarcerated since childhood.

In his remarks to the committee, Sen. Sydnor says the bill will allow the court to evaluate the prisoner while assessing their progress, and the extent of personal growth during their years of imprisonment.  “The bill requires that the court finds an individual would not pose a danger to the public, and that it is in the interest of justice to modify the sentence, ” said Sen. Sydnor. 

He reminded his fellow committee members of the costs; over $59,000 spent annually per prisoner, the escalating costs for aging prisoners because of their healthcare needs, along with the state’s crippling $2.7 billion deficit.  

Sen. Sydnor spoke of the research based studies that show individuals convicted of violent offenses are among the least likely to reoffend, “There is a large body of research demonstrating that the likelihood of committing violent crimes, including murder decline significantly with age.  Maryland specific data supports these findings, showing where individuals convicted of violent offenses are among the least likely to reoffend.”

But Senator Sydnor asserted, “This is not a get out of jail free card.  The incarcerated individual must prove to a judge that they have changed and deserve a second look.”  Under the proposed legislation, judges can either approve or deny the petition after prisoners complete a rigorous process where several factors are considered. It’s a process that provides an opportunity for the incarcerated to prove they’ve demonstrated maturity, rehabilitation and the fitness to reeenter society in order to justify any reduction in their sentence.  They must prove to the court that they no longer pose a threat to society based on their capacity to demonstrate change while transforming their life. 

If the court denies the petition, there’s a three year waiting period, where the case can be brought before the court - and for every three years after that if the petition fails again. The three year wait emerged as the premise of the arguments made by the opponents during the hearings before the committee members. 

The traumatic experience of the victims would have to be revisited every three years,  reopening old unhealed wounds while revictimizing the victim. 

Mr. Kurt Wolfgang, Executive Director of the Maryland Crime Victims Resource Center and the State’s Attorney for Baltimore County, Scott D. Shellenberger made this argument in their testimony to the committee. 

Mr. Shellenberger pointed out Ms. Dawn Collins, who just a few minutes prior during the hearing delivered a tearful and emotional testimony while talking about her son Richard W. Collins III, who was killed back in 2017.  “What you just saw Mrs. Collins go through, she will have to go through every three years if you pass this bill,” argued Mr. Shellenberger. 

In remarks echoing the sentiment of victim rights, Mr. Wolfgang told the committee, “to put them through more than what they have already gone through is wrong.”

As similar Second Look legislation continues to gain support throughout the nation, this years’ legislative session provides another opportunity for Maryland lawmakers to find a way to reconcile the delicate balance that recognizes the capacity to transform and change along with the trauma and emotional suffering experienced by the victims of the crime.