words by charles brooks
On October 1st, Maryland joined a steadily growing list of states along with the District of Columbia, and the federal government that will now provide a process to review the sentences of those who served at least twenty years for possible sentence reduction.
In Maryland state prisons, the racial disparity is particularly profound in the overall prison population and the prison's aging population. Although statistics paint a disturbing picture for Black folks in Maryland who make up about 30% of the state population and 71% of the prison population, the law’s eligibility criteria actually limits its potential reach to fully address these disparities.
How did we get here?
Aligned with the tough law and order trend/wave in the mid-90s, Maryland’s Governor at the time, Parris N. Glendening (D), in 1995 infamously said, “A life sentence means life,” which essentially abolished any means to parole for those with life sentences.
Thirty years later, the results are alarming.
According to a 2024 analysis by the Sentencing Project, 2,072 are serving life with parole in Maryland’s
Meanwhile 2025 statistics indicate there’s 1,738 who have served 20 or more years of which 1,303 are serving life sentences and 331 are serving life sentences without the possibility of parole.
How limited is the reach?
Maryland’s new law has restrictions such as the age at time of offense, how much time was served, along with the type of conviction. For example, those serving at least twenty years are eligible for sentence review, and between 18 and 25 years old when the offense was committed. However, convictions for sexual crimes, first responder murders in the line of duty, and those sentenced to life without parole are excluded.
A sentence of life without parole (LWOP) means there is no opportunity for release under Maryland’s parole system. This sentence is typically reserved for the most serious crimes, such as first-degree murder with aggravating circumstances.
The life without parole restriction is particularly concerning considering the criteria narrows the impact to just 38% or approximately 656 incarcerated individuals. For the 424 convicted to life without parole, there is no path for a sentence review for them.
Yet, similar legislation such as the Juvenile Restoration Act passed in 2021 along with Second Look laws passed in Washington DC and for federal prisoners does not exclude those with life without parole sentences.
Since Maryland abolished the death penalty back in 2013, life without parole is the most severe punishment for the crimes determined to be ineligible for a second look.
Maryland follows the “felony murder” doctrine, which allows for life sentences even for those who didn’t commit or intend to commit murder. Although there are no specific data that counts convictions using the felony murder doctrine available from Maryland's Department of Public Safety and Correctional Services, estimated counts indicate the prisons may hold 500 citizens with felony murder convictions.
This new law is typically viewed through the lens of sentence reform versus victims' rights.
It’s an issue where fear and emotional trauma has been weaponized and used to oppose sentence reform despite the extensive public and private network of victim resources and supports, the programs of restorative practices, or the victim's involvement throughout the sentence review process that is provided by the new law.
In addition, there’s data showing the low rates of recidivism as well as the research establishing how ineffective long sentences really are. For example, a 2022 report by the Maryland Office of the Public Defender showed, “The first year of the Juvenile Restoration Act shows that, with an available court mechanism and robust re-entry planning and support services, many individuals who have served long sentences can be safely released….”
In fact, under the Juvenile Restoration Act, 200 who were convicted of violent crimes such as first degree murder, rape and felony murder were eligible for sentence review. As of March 2024, the recidivism rate for new convictions is a low, 3.5% for the 200 released from Maryland state prisons.
Although the restrictive eligibility compromises the path for sentence review, it remains a clear reminder that Maryland’s Second Look Act is just the first step.
Additional Resources:
U.S. Criminal Justice Data, The Sentencing Project compiled state-level data to provide a snapshot of key indicators of mass incarceration’s impact in the United States.
Maryland Second Look Coalition, a group of previously incarcerated individuals, family members of incarcerated people, and justice system advocates working to create second chances in Maryland.
