NATIONAL SURVEY OF REVISORY POWER OVER SENTENCES

State	Rule/Statute	File Motion to Reduce, Revise, or Modify	Judge's Rule on Motion	Comments
1. AL	Al. St. Ann. §15-18-8			“The court shall retain jurisdiction and authority throughout [period of sentence] to suspend that portion of the minimum sentence that remains and place the defendant on probation...” Statute limits jurisdiction to particular sentences.
2. AK	AK.R. RCRP 35 AK.St. §12.55.088	Within 180 days of original sentence. Court may not relax this time period by more than 10 days.	Within 180 days of distribution of the written judgment.	Court may not reduce or modify sentence so as to impose term less than minimum required by law.
3. AZ	Az. RCRP §4.3			Court may correct any unlawful sentence or one imposed in an unlawful manner within 60 days of entry of judgment and sentence but before the defendant’s appeal, if any, is filed.
4. AR	Ar. St. §16-90-111		Court may reduce sentence within 90 days after sentence imposed or within 60 days after receipt of mandate issued with affirmance of judgment or dismissal of appeal.
5. CA	Calif. Penal Code § 1170(d)			No provision for defendant to file a motion but court may, on its own, within 120 days of the date of commitment, recall the commitment and resentence the defendant. At any time, the Director of Corrections or the Board of Prison Terms may request resentencing.
6. CO	CO. ST.RCRP Rule 35	Within 120 days after a.) imposition of sentence; b.) receipt of remittitur issued upon affirmance of judgment or sentence or dismissal of appeal; or c.) entry of any order or judgment of appellate court denying review or affirming judgment.	Court acting on its own initiative may reduce a sentence within time limits to file the motion. Otherwise, no time limit to rule on motion filed by defendant. Case law says time to rule is not “interminable.” Should be within reasonable time. People v. Fuqua, 764 P2d 56 (1988).	District Attorney may request sentencing court to reduce a sentence of one convicted of a drug offense if he or she has provided substantial assistance in identification, arrest, or conviction of any person for violation of drug laws. (Co. St. Ann. §18-18-409).
7. CT	C.G.S.A. §53a - 39		If sentence is 3 years or less, judge may reduce the sentence at any time. If sentence is greater than 3 years, and if the defendant and state’s attorney agree to seek review, judge can reduce sentence at any time.
8. DC	DC RCRP Rule 35	Within 120 days after: a.) sentence is imposed; b.) receipt of mandate affirming or dismissing appeal; or c.) entry of judgment of Supreme Court denying review.	Court shall rule on motion within a reasonable time. Court may reduce sentence without a motion within 120 days after times provided for filing a motion.
9. DE	De. RCRP Rule 35	Within 90 days after: a.) sentence is imposed or, b.) sentence is imposed after remand for new trial or sentencing. Beyond 90 days after sentencing if extraordinary circumstances exist.	No time limit.
10. FL	Fla. RCRP Rule 3.800		Court may reduce sentence within 60 days after: a.) imposition of sentence; b.) receipt of mandate affirming on appeal; c.) receipt of order of appellate court dismissing appeal; or d.) affirmance or dismissal of appeal by highest state or federal court if review is sought there.
11. GE	Ga. St. Ann. §17-10-1			Within one year of the date on which sentence is imposed or within 120 days after receipt of the remittitur upon affirmance of the judgment after direct appeal, whichever is later, court has jurisdiction to correct or reduce the sentence.
12. HI	Rules of Penal Procedure Rule 35		Court may reduce sentence within 90 days after: a.) sentence is imposed; b.) receipt of mandate affirming or dismissing on appeal; or c.) entry of judgment of U.S. Supreme Court denying review. However, ”a motion to...reduce a sentence which is made within the time period aforementioned shall empower the court to act on such motion even though the time period has expired.”
13. ID	RCRP Rule 35	Within 120 days after: a.) entry of judgment; b.) entry of order releasing retained jurisdiction.	Court may reduce sentence within 120 days after: a.) filing of a judgment of conviction; or b.) court releases retained jurisdiction.
14. IL	730 Ill. Compiled Statutes Ann. § 5/5-8-1(c)	Must file motion within 30 days after sentence is imposed.	Court may, without a motion reduce the sentence within 30 days of its imposition. If filed by defendant court must rule within a reasonable time.	Proponent of motion has duty to exercise diligence in seeking a ruling on the motion.
15. IN	In. St. Ann. §35-38-1-17		Court may reduce sentence within 365 days after: a.) defendant begins serving his sentence; b.) prosecutor is notified; and c.) court receives report from Department of Corrections. If more than 365 days have elapsed since defendant began serving his sentence and a hearing was held, court may reduce sentence subject to approval of prosecutor.
16. IA	Iowa Code Ann. §§902.4 and 903.2		In cases of felonies, the court may reduce a sentence for a period of one year from the date defendant begins to serve his or her sentence. The court may do this on its own motion or on the recommendation of the director of the division of corrections. In cases of misdemeanors, the court may reduce a sentence for a period of 30 days from the date the defendant begins to serve his or her sentence.
17. KS	K.S.A. §21-4603(d)		If an appeal is taken and decided adversely to the defendant, the court may reduce the sentence within 120 days after receipt of mandate on appeal. Otherwise, court may reduce sentence within 120 days after sentence is imposed. The court may modify a sentence at any time before expiration of the sentence when it is recommended by the secretary of corrections.
18. KY	KRCRP Rule 11.42	Motion must be filed within 3 years after judgment becomes final, unless the motion alleges: a.) facts were unknown to movant previously; or b.) constitutional right did not previously exist and has been held to apply retroactively.	No time limit.
19. LA	La. Code of Crim. Proc. Articles 822, 881, and 881.1	Motion can be filed within 30 days after imposition of sentence or within such longer period as trial court may set at sentencing hearing.	Prior to the beginning of execution of sentence, court may change the sentence. After execution of sentence begins, in misdemeanor cases and felony cases where the defendant has not been sentenced to prison with hard labor, court can reduce a sentence at any time.	It appears that a court may not modify the sentence of a defendant who is sentenced for a felony and the sentence includes imposition of hard labor. Hard labor is mandated for most serious crimes.
20. ME	RCRP Rule 35	Once execution of a sentence has begun, a motion may be filed by defendant, prosecutor, or the court and must be made within one year after sentence is imposed and before execution of sentence is complete.	No time limit.
21. MA	Mass. R. Crim. P. 29(a)	Motion must be filed within 60 days after imposition of sentence.	No time limit.
22. MN	Mn. RCRP Rule 28.05 and Rule 28.02			Defendant may appeal as of right from any sentence imposed in a felony case. Defendant may file an appeal to the Court of Appeals within 90 days after sentencing. The Court of Appeals “may review the sentence...to determine whether the sentence is inconsistent with statutory requirements, unreasonable, in appropriate, excessive, unjustifiably disparate, or not warranted by the findings of fact issued by the sentencing court.”
23. MI	RCRP Rule 6-429			The court may not modify a valid sentence after it has been imposed.
24. MS				Mississippi has no rule or statute providing for motions to revise, modify or reduce sentences.
25. MO	RCRP Rule 29.05		No time limit.	The court shall have power to reduce the punishment within the statutory limits prescribed for the offense if it finds that the punishment is excessive.
26. MT				Montana provides for a sentence review division much like Maryland’s 3 circuit judge review. Mt.St. Ann. §46-18-901. Under this statute a defendant has 60 days from the date of imposition of sentence, as long as the sentence is one year or greater, to file an Application for Review of Sentence. There is no time limit within which the judges must issue a decision.
27. NE	Neb. Rev. St. §29-2308			This statute permits the appellate court to reduce the sentence when “in its opinion the sentence is excessive.”
28. NV	N.R.S. §176.033			Any time after a prisoner has been released on parole and has served one-half of the period of parole, or 10 consecutive years on parole. If sentenced to life, the State Board of Commissioners may petition for modification of sentence. Nevada has no formal motion to modify sentence procedure; however, the State Board of Parole Commissioners may petition the court to modify a sentence at any time after a prisoner has been released on parole and has served one-half of the period of his parole, or 10 consecutive years on parole for prisoners sentenced to life.
29. NH	NH Rev. St. §651:58			New Hampshire provides for sentence review akin to Maryland’s 3 judge panels who may increase or decrease a sentence. The application for review must be filed within 30 days after sentence was imposed unless good cause is shown for filing beyond 30 days. Only those receiving non-mandatory sentences of one year or more may file for review. There is no time limit for a decision on the application.
30. NJ	N.J. RCRP Rule 3:21-10	Motion must be filed within 60 days after date of judgment of conviction. Some exceptions to this deadline permit filing the motion at any time.	Court may reduce sentence on its own or on defendant’s motion within 75 days from the date of judgment of conviction.
31. NM	NMRA Rule 5-801	Motion may be filed within 90 days after a.) sentence is imposed; b.) mandate affirming or dismissing appeal; or c.) entry of order of appellate court denying review.	Court shall rule on motion within 90 days after date it is filed or it is deemed to be denied.
32. NY	NY Crim. Pro. §430.10			When the court has imposed a sentence of imprisonment and such sentence is in accordance with law, such sentence may not be changed, suspended or interrupted once the term or period of sentence has commenced.
33. NC	N.C.G.S.A. §15A-1414	Motion may be filed not more than 20 days after entry of judgment.	No time limit.
34. ND	RCRP Rule 35		Motion must be ruled upon within 120 days after: a.) sentence is imposed; b.) receipt of mandate affirming or dismissing appeal; or c.) entry of judgment by U.S. Supreme Court denying review.
35. OH	Oh. St. §2929.20	Only defendant serving a non-mandatory term of 10 years or less may file for reduction of sentence. Applicable time periods for filing vary according to the type of felony involved and prison term imposed.	If the court denies the motion without a hearing, the defendant may file another motion. If a hearing is held, the court shall rule within ten days after the hearing. If court denies motion without a hearing, it must do so within 60 days of its filing.
36. OK	Ok. St. Ann. §982a		Court may reduce sentence within 12 months after a sentence is imposed if court is satisfied that best interests of public will not be jeopardized.	Convicted felons who have been in confinement in any state prison for previous felony conviction during 10 year period preceding the date of this sentence may not file motions for modification.
37. OR				Oregon has no provisions in rules or statutes for motions to modify sentences.
38. PA	RCRP Rule 720	Motion must be filed no later than 10 days after imposition of sentence.	Court must decide the motion within 120 days of filing of motion. If court fails to rule within 120 days, motion is deemed denied.	On motion of defendant made within 120 day period, court may extend by 30 days the time for a decision to be made.
39. RI	RCRP Rule 35		Court may reduce a sentence within 120 days after: a.) imposition of sentence; b.) receipt of mandate affirming or dismissing appeal; or c.) receipt of order of U.S. Supreme Court affirming or dismissing appeal. Within 20 days after filing motion to reduce a sentence, the attorney general may file a motion to increase the sentence.	Court on its own motion, after defendant files motion to reduce sentence, may increase the sentence.
40. SC				South Carolina has no formal rule or statute regarding motions to modify.
41. SD	SD St. Ann §23A-31-1		Court may reduce a sentence: a.) within one year after it is imposed; b.) within 120 days after receipt of mandate affirming or dismissing appeal; or c.) within 120 days after order of Supreme Court denying review, whichever is later.
42. TN	RCRP Rule 35	Motion must be filed within 120 days after date sentence was imposed	No time limit.
43. TX				Texas has no formal rule or statute regarding motions to modify.
44. UT				Utah has no formal rule or statute regarding motions to modify.
45. VT	RCRP Rule 35		Court may reduce sentence within 90 days after: a.) sentence is imposed, or b.) entry of order of Supreme Court upholding conviction.
46. VA	Va. St. Ann. §19.2-303			If a person is sentenced to jail, the court may, at any time before the sentence is completely served, suspend the unserved portion. If a person is sentenced for a felony to the Department of Corrections, but has not been actually transferred to a receiving unit, the court may, at any time before the person is transferred, suspend or modify the sentence.
47. WA				Washington has no formal rule or statute regarding motion to modify.
48. WV	RCRP Rule 35	Motion may be made within 120 days after: a.) imposition of sentence; b.) entry of mandate affirming or dismissing appeal; or c.) entry of order by Supreme Court of Appeals dismissing petition for appeal.	Court may, on its own, without a motion, reduce a sentence within time frames for filing a motion. However, motion filed timely by defendant must be ruled upon within a reasonable time.	In State v. Head, 480 SE2d 507 (1996), court held that “as long as the circuit court does not usurp the role of the parole board, it may consider matters beyond the filing period when such consideration serves the ends of justice.” The delay in ruling on the motion in Head was 4 years. The appellate court remanded for reconsideration of the motion on the merits finding that a ruling would be within a reasonable period of time despite the delay of 4 years.
49. WI	Wi. St. Ann. §973.19	Person who has not requested preparation of transcripts for post conviction hearing may file motion to reduce within 90 days after sentence is ordered.	Court must rule on motion within 90 days after it is filed but may extend time for ruling by no more than 90 additional days.
50. WY	RCRP Rule 35	Motion may be made within one year after: a.) imposition of sentence; b.) receipt of mandate affirming or dismissing appeal or c.) entry of order of Wyoming Supreme Court denying review.	Court may, on its own, reduce a sentence within the times provided for filing a motion. If a motion has been filed, court must rule on it within a reasonable time.	Arland v. Wyoming, 788 P2d 1125 (1990), appellate court remanded for ruling on the merits 3 years after motion was filed.

Prepared by: Nancy S. Forster, Deputy Public Defender--March 11, 2002