(The Center Square) – Without legislative action, “hundreds” of inmates convicted of felony murder could begin to request walking free in just 10 days.
The warning comes from State Attorney General Dave Sunday. He urged the General Assembly to pass any of the measures pending that would reform sentencing guidelines for those serving mandatory life sentences without parole for second-degree murder.
The stipulation comes four months after the state Supreme Court ruled the existing guidelines unconstitutional, giving the Legislature until July 24 to reconfigure a different sentencing structure.
The ruling stems from the conviction of Derek Lee, who is serving a mandatory life sentence for the death of a man in a 2014 home invasion in Pittsburgh. Attorneys for Lee argued that he had no intention of killing the victim and was in a different room when the fatal shooting occurred.
Last month, the upper chamber passed Senate Bill 1400 on a bipartisan vote of 30-20. The proposal imposes a mandatory sentence of 35 years but includes the option of lesser terms based on the accused’s participation in the crime.
Republican Senate leadership say that without any new rule, more than 1,150 people could request release. Sunday estimates the figure to be slightly less, in the “hundreds.”
“Inaction is not an option, in fact it is dangerous,” Sunday said. “The Senate has already responded to the court’s decision with a thoughtful proposal – one that my office was consulted on and that reflects sound policy.
“At this point, we are awaiting for the House to respond to a mandate by the Pennsylvania Supreme Court. Failing to act would leave our communities and victims without needed protections, and it is important that we move forward collaboratively to ensure a responsible solution.”
Beth Rementer, spokeswoman for House Majority leadership, told The Center Square that the chamber remains “willing to negotiate.”
“Unfortunately, Senate Bill 1400 isn’t it,” she said.
When asked about a mirroring bill in the House, proposed by Democratic Rep. Frank Burns of Cambria County, she did not respond.
The Center Square was unsuccessful prior to publication getting comment from Burns on his bill.
Another proposal by Rep. Tim Briggs, a Democrat from Montgomery County, would impose a 25-year sentence, though it has remained in the House Judiciary Committee after a planned April vote was scuttled amid concerns from advocates.
Sunday urged Gov. Josh Shapiro, who supports the court ruling, to get involved in the negotiations. And during a press conference late Monday, the governor told reporters he’s “hopeful they can get there.”
“We spent a considerable amount of time, particularly in the last 48 hours, to see if we could bridge the divide,” he said. “We’re going to continue to work on this issue.”
“I’d like to see the Legislature act on this and not just leave it up to every individual county to act,” he added. “I’d like to find some consensus and I’m hopeful that we can get there.”
