R Street Institute Letter to Maryland Governor Wes Moore in Support of MD HB 853, Second Look Act

April 8, 2025

The Honorable Westley Moore
Governor of Maryland
State House
100 State Circle
Annapolis, MD 21401

RE: The R Street Institute’s Support for House Bill 853, “Maryland Second Look Act”

Governor Moore:

I am writing to you on behalf of the R Street Institute to share our support for House Bill 853, the Maryland Second Look Act. The R Street Institute is a nonprofit, nonpartisan public policy research organization. Our mission is to engage in policy analysis and outreach to promote free markets and limited, effective government in many areas. We have a particular interest in criminal justice and civil liberties policies that carefully balance economic with public safety considerations.

When done well, Second Look laws can save taxpayer dollars and better prioritize prison resources, without compromising public safety. HB 853 permits a defendant who was between the ages of 18 and 25 years old at time of an eligible conviction, or who committed a crime as a minor but was convicted as an adult, to request a sentence reduction after serving at least 20 years of their sentence.^[1] Non-eligible convictions include those resulting in a sentence of life without parole as well as those who murdered first responders, and those with sex offense convictions. To avoid frivolous filings, the measure limits a defendant to three petitions and requires a three-year wait between filings.^[2] 

Most importantly, it establishes a hearing process in which the court considers defendant, prosecutor, and victim testimony.^[3] During the hearing, the court considered certain factors, including the individual’s age at the time of the offense, nature of the offense, participation in educational and rehabilitation programs, statements from victims, and circumstances at the time of arrest.^[4] Moreover, it also grants discretion to the court to impose any conditions of release necessary to promote victim safety and peace of mind.^[5] These precautions help ensure a system in which courts determine if incarceration remains prudent from both public safety and economic angles.

With many states, including Maryland, facing issues with prison overcrowding, correctional officer (CO) staff shortages, and the rising costs to incarcerate individuals, Second Look laws provide a fiscally responsible solution to these growing economic challenges.^[6] In Maryland, the current inmate population statistics show that there are approximately 15,000 individuals incarcerated in state facilities with prisoner growth continuing unabated over the past several years.^[7] Coupled with CO vacancy rates growing from 11.1 percent to 12.7 percent, this creates a considerable issue with ensuring that there are appropriate levels of staff to supervise the inmate population.^[8] 

There are also substantial costs related to housing prisoners. In Maryland, the state spends around $114,000 annually per inmate.^[9] These high costs are exacerbated by a prisoner population that increasingly requires more medical care as they age.^[10] By adopting HB 853, the state could garner significant savings by shrinking the inmate population, and it would help decrease pressure on the Department of Public Safety and Correctional Services with respect to medical costs and the need for additional correctional officers.

This proposal also encourages better prisoner behavior and greater participation in rehabilitation programs by providing inmates the prospect of sentence reconsideration if they make progress.^[11] This approach helps reduce the chances of reoffending after release, while excessive sentences have the opposite effect.^[12] Most importantly, research demonstrates that recidivism rates fall sharply with age. Most people who commit crimes stop offending within 10 years, and even repeat offenders typically stop by their late 30s.^[13] This evidence is clear: Second Look laws support public safety.

If Maryland adopts HB 853, it would not be the first state to do so. The District of Columbia and at least 11 other states have enacted Second Look laws, with five states also authorizing prosecutor-led efforts.^[14] Almost all stipulate that prisoners must have already served a large portion of their sentence to be eligible.^[15]

House Bill 853 carefully balances economic and public safety concerns. It will alleviate the issues related to continued growth in prisoner numbers and rising costs of housing inmates, thereby helping Maryland rein-in this growing fiscal challenge. Additionally, it’s done with appropriate guardrails that don’t jeopardize safety of the public. For these reasons, we respectfully urge you to sign HB 853 into law.

Thank you,

Robert Melvin
Northeast Region State Government Affairs Director
R Street Institute
rmelvin@rstreet.org 

CC:        Jeremy Baker, Chief Legislative Officer, Office of Governor Westley Moore

             Myles Hicks, Deputy Legislative Officer, Office of Governor Westley Moore

             Eric Luedtke, Senior Policy Advisor, Office of Governor Westley Moore