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RECENT AMENDMENTS TO JUDICIAL REVIEW PROCESS (S. 745.6)

S. 745.6 BEFORE the amendments S. 745.6 AFTER the amendments
Multiple murderers - an offender who committed more than one murder could apply for a judicial review to seek a reduction of his or her parole ineligibility period - an offender who commits more than one murder after January 9, 1997, is automatically prohibited from applying for a judicial review to reduce his or her parole ineligibility period
Judicial screening process - an offender who was convicted of a first or second degree murder had the automatic right to a full 745.6 hearing before a community jury, regardless of the merits of the application - an offender wanting to apply for a judicial review to reduce his or her parole ineligibility period must now go through a judicial screening process

- the offender must first convince a superior court judge that the application has a reasonable prospect of success before he or she is permitted to go before a community jury

- this provision is in effect for any application filed after January&nbsp9, 1997, even if the crime was committed before that date (including offenders who committed multiple murders before January 9, 1997)
Jury unanimity - only a two-thirds majority decision by a jury (8 out of 12 jury members) was required to grant a reduction in the parole ineligibility period - all members of a twelve member jury panel must now agree to reduce the parole ineligibility period before it is granted to an applicant

- this provision is in effect for any offender who applies after January&nbsp9, 1997

 

Victim's input in process - it was left to the judge's discretion whether the jury would be able to consider information provided by the victims during the judicial review process - the judicial review jury must now consider any information provided by victims concerning the impact the crime has had on the victims' families
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