H.R. 8549 — Second Look Act of 2026

This section states congressional findings on the scale of U.S. incarceration—approximately 1.8 million people, representing 19% of the world's total despite the U.S. comprising less than 5% of the global population, with rates 3 to 8 times higher than other industrialized nations and women's incarceration growing 585% from 1980 to 2022—and on the need for sentence reviews ("second looks"), citing life and virtual life sentences for one in seven prisoners (including nearly 7,000 women), mandatory minimums driving long terms (average 12.5 years), limited federal review options post-1984 Sentencing Reform Act, international comparisons, aging out of crime after age 25, low recidivism for those over 50, and annual costs of $16 billion for incarcerating those aged 50 and older.

This section establishes a new provision (18 U.S.C. §3627) authorizing courts to reduce terms of imprisonment exceeding 10 years after the defendant has served at least 10 years, if the court finds—considering factors in new subsection (c)—that the defendant is not a danger to any person or the community, demonstrates readiness for reentry, and that the interests of justice warrant modification. New subsection (b) requires any defendant receiving a reduction to serve the original term of supervised release (or up to the maximum under 18 U.S.C. §3583(b) if none was imposed originally), with conditions governed by §3583. New subsection (c) directs courts to consider 18 U.S.C. §3553(a) factors plus specified circumstances—including defendant age at offense and at petition (with a rebuttable presumption of release if 50 or older at filing), Bureau of Prisons and U.S. attorney reports, rehabilitation evidence, victim statements, health exams, family circumstances, offense role (especially for juvenile offenders), and diminished juvenile culpability—in deciding modifications. New subsection (d) limits successive applications: a second not earlier than 5 years after denial of the first; a third not earlier than 2 years after denial of the second; and a final application if the defendant is 50 or older and has exhausted prior applications. New subsection (e) requires the Bureau of Prisons to notify the defendant, sentencing court, U.S. attorney, and federal defender within 30 days after the 10th year of imprisonment begins; applications are filed as motions in the sentencing court (with service on the U.S. attorney) and may include supporting materials, after which the court may expand the record.