Illinois 2023-2024 Regular Session

Illinois House Bill HB3964 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3964 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-4.5-120 new Amends the Unified Code of Corrections. Provides that a person imprisoned in the penitentiary may, after serving 10 years or more of his or her sentence or cumulative sentences, submit a petition for sentencing review in the circuit court of the county in which he or she was originally sentenced. Provides at the sentencing review hearing the court shall consider various mitigating factors. Provides that following the hearing, the court may affirm or reduce the petitioner's sentence and may depart downward from any mandatory minimum or mandatory sentence enhancement, taking into consideration certain factors. Provides that these provisions shall operate retroactively to provide any person incarcerated for a crime or crimes committed, before the effective date of the amendatory Act, with the opportunity to file a motion for resentencing under these provisions under the terms provided in these provisions. Provides that notwithstanding any other provision to the contrary, nothing in these provisions shall be construed to delay parole or mandatory supervised release consideration for petitioners who, prior to the effective date of the amendatory Act, are or will be eligible for release earlier than provided for in these provisions. Provides that the clerk of the court shall transmit copies of the petitions, any amendments to the petition, and the final orders to the Illinois Sentencing Policy Advisory Council. Provides that the Illinois Sentencing Policy Advisory Council shall report to the Governor and the General Assembly on the impact of resentencing motions on the prison population contingent on having sufficient reliable data to support the analysis. Provides that the report shall be filed no later than 3 years after the effective date of the amendatory Act. LRB103 28832 RLC 55217 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3964 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-4.5-120 new 730 ILCS 5/5-4.5-120 new Amends the Unified Code of Corrections. Provides that a person imprisoned in the penitentiary may, after serving 10 years or more of his or her sentence or cumulative sentences, submit a petition for sentencing review in the circuit court of the county in which he or she was originally sentenced. Provides at the sentencing review hearing the court shall consider various mitigating factors. Provides that following the hearing, the court may affirm or reduce the petitioner's sentence and may depart downward from any mandatory minimum or mandatory sentence enhancement, taking into consideration certain factors. Provides that these provisions shall operate retroactively to provide any person incarcerated for a crime or crimes committed, before the effective date of the amendatory Act, with the opportunity to file a motion for resentencing under these provisions under the terms provided in these provisions. Provides that notwithstanding any other provision to the contrary, nothing in these provisions shall be construed to delay parole or mandatory supervised release consideration for petitioners who, prior to the effective date of the amendatory Act, are or will be eligible for release earlier than provided for in these provisions. Provides that the clerk of the court shall transmit copies of the petitions, any amendments to the petition, and the final orders to the Illinois Sentencing Policy Advisory Council. Provides that the Illinois Sentencing Policy Advisory Council shall report to the Governor and the General Assembly on the impact of resentencing motions on the prison population contingent on having sufficient reliable data to support the analysis. Provides that the report shall be filed no later than 3 years after the effective date of the amendatory Act. LRB103 28832 RLC 55217 b LRB103 28832 RLC 55217 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3964 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
3	3	730 ILCS 5/5-4.5-120 new 730 ILCS 5/5-4.5-120 new
4	4	730 ILCS 5/5-4.5-120 new
5	5	Amends the Unified Code of Corrections. Provides that a person imprisoned in the penitentiary may, after serving 10 years or more of his or her sentence or cumulative sentences, submit a petition for sentencing review in the circuit court of the county in which he or she was originally sentenced. Provides at the sentencing review hearing the court shall consider various mitigating factors. Provides that following the hearing, the court may affirm or reduce the petitioner's sentence and may depart downward from any mandatory minimum or mandatory sentence enhancement, taking into consideration certain factors. Provides that these provisions shall operate retroactively to provide any person incarcerated for a crime or crimes committed, before the effective date of the amendatory Act, with the opportunity to file a motion for resentencing under these provisions under the terms provided in these provisions. Provides that notwithstanding any other provision to the contrary, nothing in these provisions shall be construed to delay parole or mandatory supervised release consideration for petitioners who, prior to the effective date of the amendatory Act, are or will be eligible for release earlier than provided for in these provisions. Provides that the clerk of the court shall transmit copies of the petitions, any amendments to the petition, and the final orders to the Illinois Sentencing Policy Advisory Council. Provides that the Illinois Sentencing Policy Advisory Council shall report to the Governor and the General Assembly on the impact of resentencing motions on the prison population contingent on having sufficient reliable data to support the analysis. Provides that the report shall be filed no later than 3 years after the effective date of the amendatory Act.
6	6	LRB103 28832 RLC 55217 b LRB103 28832 RLC 55217 b
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8	8	A BILL FOR
9	9	HB3964LRB103 28832 RLC 55217 b HB3964 LRB103 28832 RLC 55217 b
10	10	HB3964 LRB103 28832 RLC 55217 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Unified Code of Corrections is amended by
15	15	5 adding Section 5-4.5-120 as follows:
16	16	6 (730 ILCS 5/5-4.5-120 new)
17	17	7 Sec. 5-4.5-120. Sentencing review of incarcerated
18	18	8 individuals. Any person imprisoned in the penitentiary may,
19	19	9 after serving 10 years or more of his or her sentence or
20	20	10 cumulative sentences, submit a petition for sentencing review
21	21	11 in the circuit court of the county in which he or she was
22	22	12 originally sentenced. The procedure for sentencing review
23	23	13 shall occur in the following manner:
24	24	14 (1) The chief judge of the criminal division of the
25	25	15 circuit located in a county of 2,000,000 or more
26	26	16 inhabitants, or in counties under 2,000,000 inhabitants,
27	27	17 the chief judge of the circuit or a judge assigned by the
28	28	18 chief judge, in which the petition is filed, shall assign
29	29	19 the matter to any judge.
30	30	20 (2) Upon receipt of the petition and assignment to a
31	31	21 judge, the judge has 30 days to determine if the
32	32	22 petitioner has sought filing in the appropriate court and
33	33	23 has served 10 or more years of his or her sentence. If the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3964 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
38	38	730 ILCS 5/5-4.5-120 new 730 ILCS 5/5-4.5-120 new
39	39	730 ILCS 5/5-4.5-120 new
40	40	Amends the Unified Code of Corrections. Provides that a person imprisoned in the penitentiary may, after serving 10 years or more of his or her sentence or cumulative sentences, submit a petition for sentencing review in the circuit court of the county in which he or she was originally sentenced. Provides at the sentencing review hearing the court shall consider various mitigating factors. Provides that following the hearing, the court may affirm or reduce the petitioner's sentence and may depart downward from any mandatory minimum or mandatory sentence enhancement, taking into consideration certain factors. Provides that these provisions shall operate retroactively to provide any person incarcerated for a crime or crimes committed, before the effective date of the amendatory Act, with the opportunity to file a motion for resentencing under these provisions under the terms provided in these provisions. Provides that notwithstanding any other provision to the contrary, nothing in these provisions shall be construed to delay parole or mandatory supervised release consideration for petitioners who, prior to the effective date of the amendatory Act, are or will be eligible for release earlier than provided for in these provisions. Provides that the clerk of the court shall transmit copies of the petitions, any amendments to the petition, and the final orders to the Illinois Sentencing Policy Advisory Council. Provides that the Illinois Sentencing Policy Advisory Council shall report to the Governor and the General Assembly on the impact of resentencing motions on the prison population contingent on having sufficient reliable data to support the analysis. Provides that the report shall be filed no later than 3 years after the effective date of the amendatory Act.
41	41	LRB103 28832 RLC 55217 b LRB103 28832 RLC 55217 b
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43	43	A BILL FOR
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68	68	1 court determines that either of those factors are not
69	69	2 satisfied, it shall dismiss the petition and notify the
70	70	3 petitioner of the reason for the dismissal. This
71	71	4 notification shall be served upon the petitioner by
72	72	5 certified mail within 10 days of its entry. If the court
73	73	6 determines the petition was appropriately filed, it shall
74	74	7 docket the petition. If the petitioner is without counsel
75	75	8 and alleges in the petition for sentencing review that he
76	76	9 or she is without means to procure counsel, he or she shall
77	77	10 state whether or not he or she wishes counsel to be
78	78	11 appointed to represent him or her. If appointment of
79	79	12 counsel is requested, the court shall appoint counsel if
80	80	13 satisfied that the petitioner has no means to procure
81	81	14 counsel. The clerk of the circuit court shall serve a copy
82	82	15 of the petition to the State's Attorney of that county or
83	83	16 his or her representative.
84	84	17 (3) Upon receipt of the petition for sentencing
85	85	18 review, the State's Attorney's Office shall provide the
86	86	19 victim or his or her family, or both, with a copy of the
87	87	20 petition, and notice of any restorative justice programs
88	88	21 available.
89	89	22 (4) The petitioner, if pro se, or his or her attorney
90	90	23 may amend the petition for sentencing review.
91	91	24 (5) The State's Attorney must be afforded an
92	92	25 opportunity to respond to the petition and the court shall
93	93	26 provide the petitioner with the opportunity to reply.
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104	104	1 (6) Within 90 days after the filing of the petition
105	105	2 for sentencing review, the court shall set the matter for
106	106	3 a hearing. This date may be extended by motion of either
107	107	4 party and at the court's discretion for good cause shown.
108	108	5 (7) At the sentencing review hearing, the court shall:
109	109	6 (A) consider in mitigation the factors listed in
110	110	7 paragraphs (A) through (K) of paragraph (8) of this
111	111	8 Section;
112	112	9 (B) consider the evidence, if any, received at
113	113	10 trial;
114	114	11 (C) consider any presentence reports;
115	115	12 (D) consider the financial impact of incarceration
116	116	13 based on the financial impact statement filed with the
117	117	14 clerk of the court by the Department of Corrections;
118	118	15 (E) consider any additional evidence and
119	119	16 information offered by the parties in aggravation and
120	120	17 mitigation, including, but not limited to, scientific
121	121	18 evidence of recidivism;
122	122	19 (F) consider the person's overall record of
123	123	20 behavior while incarcerated, including disciplinary
124	124	21 history, participation in educational and vocational
125	125	22 programs available to the petitioner, including but
126	126	23 not limited to restorative justice programs, and
127	127	24 extent of cooperation with staff;
128	128	25 (G) hear arguments as to sentencing alternatives;
129	129	26 (H) afford the petitioner the opportunity to make
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140	140	1 a statement on his or her behalf without being subject
141	141	2 to cross-examination;
142	142	3 (I) afford the victim or families of victims of
143	143	4 the crime, or both, for which the petitioner was
144	144	5 originally sentenced an opportunity to provide a
145	145	6 victim impact statement to the court. The court shall
146	146	7 permit those statements and consider the live
147	147	8 testimony of a victim or a victim representative.
148	148	9 (8) Following the hearing, the court may affirm or
149	149	10 reduce the petitioner's sentence and shall be authorized
150	150	11 to depart downward from any mandatory minimum or mandatory
151	151	12 sentence enhancement, taking into consideration the
152	152	13 following factors:
153	153	14 (A) the petitioner's current age, as well as the
154	154	15 petitioner's age, impetuosity, and level of maturity
155	155	16 at the time of the offense, including the ability to
156	156	17 consider risks and consequences of behavior, and the
157	157	18 presence of cognitive or developmental disability, if
158	158	19 any;
159	159	20 (B) whether the petitioner was subjected to
160	160	21 outside pressure, including peer pressure, familial
161	161	22 pressure, or negative influences;
162	162	23 (C) the petitioner's family and community
163	163	24 circumstances, home environment, educational and
164	164	25 social background, including any history of parental
165	165	26 neglect, physical, mental, or sexual abuse,
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176	176	1 involvement in the child welfare system, or other
177	177	2 childhood trauma;
178	178	3 (D) the nature and circumstances of the offense;
179	179	4 (E) the petitioner's degree of participation and
180	180	5 specific role in the offense, including the level of
181	181	6 planning by the defendant before the offense;
182	182	7 (F) whether the petitioner was able to
183	183	8 meaningfully participate in his or her defense;
184	184	9 (G) the petitioner's prior juvenile or criminal
185	185	10 history;
186	186	11 (H) the history and characteristics of the
187	187	12 petitioner at the time of the petition, including
188	188	13 rehabilitation and maturity demonstrated by the
189	189	14 petitioner;
190	190	15 (I) any report from a physical, mental, or
191	191	16 psychiatric examination of the petitioner conducted by
192	192	17 a licensed health professional;
193	193	18 (J) any changes to the law governing criminal
194	194	19 convictions, dispositions, or length of stay since the
195	195	20 time of sentencing; and
196	196	21 (K) any other information the court finds relevant
197	197	22 and reliable, including an expression of remorse, if
198	198	23 appropriate. However, if the petitioner, on advice of
199	199	24 counsel chooses not to make a statement, the court
200	200	25 shall not consider a lack of an expression of remorse
201	201	26 as an aggravating factor.
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212	212	1 The order following a sentencing review hearing is a
213	213	2 final judgment. Any final judgment entered upon the
214	214	3 petition shall be reviewed in a manner pursuant to the
215	215	4 rules of the Supreme Court.
216	216	5 (9) Notwithstanding any provision of this Section to
217	217	6 the contrary, any offender who has petitioned the circuit
218	218	7 court for sentencing review pursuant to this Section shall
219	219	8 not be eligible to submit a second petition until at least
220	220	9 5 years have elapsed since the date on which the circuit
221	221	10 court ruled upon the initial petition. In considering the
222	222	11 second petition, the court shall follow the procedure
223	223	12 stated in paragraphs (2) through (8) of this Section.
224	224	13 Following a hearing on the second petition pursuant to
225	225	14 this paragraph (9), the court may affirm or reduce the
226	226	15 petitioner's sentence. The order following a hearing
227	227	16 pursuant to this paragraph is a final judgment.
228	228	17 (10) The petitioner may file a motion seeking leave
229	229	18 for sentencing review when 5 years have elapsed since the
230	230	19 date on which the circuit court ruled on a petition filed
231	231	20 pursuant to paragraph (9) of this section. The motion must
232	232	21 clearly set forth the need for sentencing review,
233	233	22 including the efforts the petitioner has made towards
234	234	23 rehabilitation and his or her demonstrated maturity.
235	235	24 (A) Within 90 days after the filing of this
236	236	25 motion, the court shall examine the motion and enter
237	237	26 an order thereon. In considering a motion under this
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248	248	1 paragraph, the court may examine the court file of the
249	249	2 proceeding in which the petitioner was convicted, any
250	250	3 action taken by an appellate court in that proceeding,
251	251	4 any transcripts of that proceeding, and any transcript
252	252	5 or court documents from previous proceedings under
253	253	6 this Section. If the court determines the motion is
254	254	7 frivolous or is patently without merit, it shall deny
255	255	8 the motion in a written order, specifying the
256	256	9 underlying basis for its decision that continued
257	257	10 incarceration is appropriate and necessary. The order
258	258	11 is a final judgment and shall be served upon the
259	259	12 petitioner by certified mail within 10 days of its
260	260	13 entry.
261	261	14 (B) If the petition is not dismissed under
262	262	15 subparagraph (A), the court shall order the motion for
263	263	16 sentencing review to be docketed for further
264	264	17 consideration in accordance with the procedure stated
265	265	18 in paragraphs (2) through (8) of this Section.
266	266	19 (11) This Section shall operate retroactively to
267	267	20 provide any person incarcerated for a crime or crimes
268	268	21 committed, before the effective date of this amendatory
269	269	22 Act of the 103rd General Assembly, with the opportunity to
270	270	23 file a motion for resentencing under this Section under
271	271	24 the terms provided in this Section.
272	272	25 (12) Notwithstanding any other provision of this
273	273	26 Section to the contrary, nothing in this Section shall be
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284	284	1 construed to delay parole or mandatory supervised release
285	285	2 consideration for petitioners who, prior to the effective
286	286	3 date of this amendatory Act of the 103rd General Assembly,
287	287	4 are or will be eligible for release earlier than this
288	288	5 Section provides.
289	289	6 (13) The clerk of the court shall transmit copies of
290	290	7 the petitions, any amendments to the petition, and the
291	291	8 final orders to the Illinois Sentencing Policy Advisory
292	292	9 Council. The Illinois Sentencing Policy Advisory Council
293	293	10 shall report to the Governor and the General Assembly on
294	294	11 the impact of resentencing motions on the prison
295	295	12 population contingent on having sufficient reliable data
296	296	13 to support the analysis. The report shall be filed no
297	297	14 later than 3 years after the effective date of this
298	298	15 amendatory Act of the 103rd General Assembly.
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