Sec. 8. Sentencing review
172 words·~1 min read·
/bill/116/s/2764/is/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term covered offense means an offense involving a schedule A substance for which the penalty was established under section 4 or 5 of this Act. If a schedule A substance that is temporarily or permanently scheduled under section 201(k) of the Controlled Substances Act, as added by this Act, is subsequently descheduled or rescheduled on a schedule with lower penalties, any individual convicted of a covered offense involving such schedule A substance who is awaiting sentencing or is still serving a term of imprisonment for such covered offense on the date of the descheduling or rescheduling may petition the court that imposed the sentence for a sentencing reduction hearing for such covered offense.
Not later than 30 days after the date on which a petition is filed under paragraph (1), the court shall conduct a sentencing reduction hearing and may modify the sentence of the petitioner as if the descheduling or rescheduling described in paragraph
(1)had been in effect on the date the covered offense was committed.