West Virginians believe in second chances. It's time for our laws to catch up.

What is Second Look Policy?

Today, West Virginia judges have no power to review the cases of people sentenced to long prison terms.

A Second Look policy would give judges the ability to review a sentence if a person was 25 or younger at the time of the crime, and they have served at least 10 years of their sentence. If a judge finds that the person poses no danger to the community and the original sentence no longer fits, the judge may grant release, place a person on supervision, or reduce the sentence term.

A 2025 poll showed that Second Look is popular.

3 out of 4 West Virginia voters support Second Look legislation, including 73% of Republican voters. 

Why West Virginia Needs Second Look

Addresses the Aging Crisis Behind Bars

Long sentences have led to an aging prison population. The elderly population of people in prison has gone from 1 in 8 in 2002 to nearly 1 in 3 in 2025. Which is why West Virginia prisons now provide hospice and dementia care, and part of the reason why the cost of medical care has more than doubled in recent years to $109.8 million spent last year. Research consistently shows that older people are less likely to re-offend after release. Second Look policy means fewer elderly people behind bars, reducing the number of folks incarcerated who require the costliest medical care and accommodations.

Good for People Who Work and Live in Prisons

The possibility of future release creates incentives for incarcerated people to take advantage of education, work, and other rehabilitative programs offered in prison. Plus, introducing positive incentives into prisons has been shown to reduce prison misconduct and violence. This benefits people who work in prisons, too. Correctional officers have higher rates of suicide and substance use disorder than the general population. Their life expectancy is 59 years, compared to 75 years for the general population. Policies that reduce stress in prison are good for staff well-being.

Saves Money for West Virginia

According to one analysis of West Virginia prisons, a Second Look law could save an average of 14 years in prison – or half a million dollars per person.

What could a judge consider at a Second Look hearing?

A judge could consider:

• Age at the time of the offense,
• A person’s life experiences prior to incarceration,
• What they have done during their incarceration (e.g., education programs, work assignments, substance use disorder and mental health treatment, community service, and more)
• Whether the person has complied with prison rules
• Statements of survivors or victim’s family, and more.

A Second Look hearing does not guarantee release. It is an opportunity for judges to conduct a thorough case review of prison records, victims’ voices, and rehabilitative evidence to determine whether a person has earned a modification of their sentence.

Second Look hearings offer another avenue to review a case, since traditional parole hearings don’t include judges and are not available to all incarcerated people. 

How do we get a Second Look policy in West Virginia?

West Virginia law would need to change, which means the legislature would need to pass a bill and the Governor would need to sign it. A coalition of Second Look supporters have made some progress: in 2025, Second Look legislation was introduced – in Senate Bill 239 sponsored by Senator Jack Woodrum of Summers County, and in House Bill 2893 sponsored by Delegate Andy Shamblin of Kanawha County. Neither bill advanced to a committee hearing, which is required to earn a vote by the legislature.

Second Look supporters will try again in 2026, and you can help. Sign-up below to get updates about how you can learn more and take action.