In 2016 the Supreme Court held in
Montgomery v. Louisiana that Miller’s holding was retroactive
and that juvenile lifers whose sentences were final before Miller were
entitled either to a resentencing or to immediate parole eligibility.
Miller affected more juvenile lifers in Pennsylvania than any other
state, with nearly 500 individuals in need of resentencing. Pennsylvania
is currently grappling with how to conduct these resentencings,
particularly considering that sentencing laws passed after
Miller do not apply to these individuals. There are numerous, significant
issues associated with conducting a retrospective Miller analysis
that put juvenile lifers at a severe disadvantage, particularly because they entered prison without the hope of release. Consequently,
juvenile lifers in Pennsylvania should—after serving their current
mandatory minimums—automatically be eligible for parole. This solution
addresses the unfairness that juvenile lifers are likely to face at
resentencing without compromising public safety, promotes efficient
use of resources, and remains consistent with the rehabilitative purpose
of the juvenile justice system.