A 2023 bill advancing in the Wisconsin Legislature would open the door for juveniles who received life sentences to appeal and potentially have their sentences reduced.
The proposed law, known as SB-801/AB-845, would eliminate court-imposed “life without parole” (LWOP) sentences for people convicted when under 18, replacing it with a process that requires courts to consider the offender’s “level of maturity.”
Under the bill, those already incarcerated under juvenile LWOP could petition for a sentence adjustment, after serving fifteen years if their crime was non-homicide, or twenty years in murder cases.
In particular, a 2012 ruling in Miller v. Alabama banned mandatory life-without-parole for juvenile homicide offenders, reasoning that adolescents are categorically different from adults when it comes to culpability and their capacity for change. (RELATED: Federal Agents Bust CDL Cheating Ring Operating Inside Wisconsin DMV Offices)
Across the U.S., 28 states plus Washington, D.C. have already banned juvenile life without parole (JLWOP). Supporters of SB-801/AB-845, including the Wisconsin Alliance for Youth Justice, argue it would align Wisconsin law with national trends, acknowledging that “kids are fundamentally different.”
Those eligible under the bill include people like Zachary Reid, now 33, who was sentenced to life for a homicide committed when he was 16. Under current Wisconsin law, even after seventeen years behind bars, he remains eligible for only extended supervision after 40 years. If the bill becomes law, Reid could apply for a resentencing hearing once he reaches the twenty-year mark. (RELATED: Former Wisconsin Attorney General Brad Schimel Is Back In The Spotlight)
Some think allowing individuals who committed severe crimes as juveniles to seek resentencing may undermine accountability and pose risks to public safety. As one recent study noted, releasing people who served lengthy juvenile life-sentences “raises questions regarding public safety,” since their original offenses were often violent.
For many, a sentence of life without parole represents justice for extreme wrongdoing and a guarantee the offender cannot inflict harm again.
