Modifications for Developmentally Appropriate Sentencing

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AN ACT TO REDUCE THE SENTENCES OF OFFENDERS WHO ARE NOT CONSIDERED FULLY CULPABLE DURING THE COMMISSION OF THEIR CRIME


The General Assembly of North Carolina enacts:


Section 1. Chapter 15A of the General Statutes is amended by adding a new Article to read:

                                  Article 89A

Sentencing Relief for Defendants who Committed Their Crimes in Youth


15A-1430.01 Eligibility

 Notwithstanding any other provision of law, the court shall reduce a term of imprisonment imposed upon a defendant for an offense committed before the defendant's 25th birthday:

  (a) The defendant was sentenced pursuant to 15A-1340.13, 14-7.7, The Fair Sentencing Act, and has served at least 15 years in prison, and


  (b) The court finds, after considering the factors set forth in subsection (a) of GS 15A-1430.03, that the defendant is not a danger to the safety of any person or the community and that the interests of justice warrant a sentence modification.

15A-1430.02 Applicability

  (a) A defendant convicted as an adult of an offense committed before the defendant's 25th birthday may file an application for a sentence modification under this section. The application shall be in the form of a motion for appropriate relief. The application may include affidavits or other written material. The application shall be filed with the sentencing court.


  (b) The court may direct the parties to expand the record by submitting additional testimony, examinations, or written materials related to the motion. The court shall hold a hearing on the motion at which the defendant and the defendant's counsel shall be given an opportunity to speak on the defendant's behalf. The court may permit the parties to introduce evidence. The court may consider any records related to the underlying offense.


  (c) The defendant shall be present at any hearing conducted under this section unless the defendant waives the right to be present. Any proceeding under this section may occur by video teleconferencing, and the requirement of a defendant's presence is satisfied by participation in the video teleconference.


  (d) The court shall issue an opinion in writing stating the reasons for granting or denying the application under this section, but the court may proceed to sentencing immediately after granting the application.

15A-1430.03 Considerations

(a) The court, in determining whether to reduce a term of imprisonment pursuant to subsections (a) and (b) of GS 15A-1430.01, can consider:


(1) The defendant's age at the time of the offense;


(2) The history and characteristics of the defendant;


(3) Whether the defendant has substantially complied with the rules of the institution to which the defendant has been confined, and whether the defendant has completed any educational, vocational, or other program, where available;


(4) Any report or recommendations received from the District Attorney;


(5) Whether the defendant has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction;


(6) Any statement, provided orally or in  writing, provided pursuant to 15A-830.5 by a victim of the offense for which the defendant is imprisoned, or by a family member of the victim if the victim is deceased;


(7) Any reports of physical, mental, or psychiatric examinations of the defendant conducted by licensed health care professionals;


(8) The defendant's family and community circumstances at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system;


(9) The extent of the defendant's role in the offense and whether  and to what extent another person was involved in the offense;


15A-1430.04 Sentencing

(a) Any defendant whose sentence is reduced under this section shall be resentenced pursuant to 15A-1340.13 or 15A-1340.18


(b) Notwithstanding any other provision of law, when resentencing a defendant under this section, the court:

   (1) May issue a sentence less than the minimum term otherwise required by law; and


   (2) Shall not impose a sentence of life imprisonment without the possibility of parole or release


(c) In considering applications filed for offenses committed after the defendant's 18th birthday but before the defendant's 25th birthday, the court shall endeavor to prioritize consideration of the applications of defendants who have been incarcerated the longest; except, that the inability to identify those defendants shall not delay the court acting on other applications under this section


Section 2. This act becomes official December 1, 2025, and applies to defendant who have served at least fifteen years for the crimes they committed while under the age of 25 and for which they are currently incarcerated for.