Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2258 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 SB2258 Introduced 2/10/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: 730 ILCS 5/5-4.5-120 new Amends the Unified Code of Corrections. Provides that any 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 that upon receipt of the petition and assignment to a judge, the judge shall determine within 30 days if the petitioner has sought filing in the appropriate court and has served 10 or more years of his or her sentence. If the court determines that either of those factors are not satisfied, it shall dismiss the petition and notify the petitioner of the reason for the dismissal. Provides that the State's Attorney must be afforded an opportunity to respond to the petition and the court shall provide the petitioner with the opportunity to reply to the petition. Provides that within 90 days after the filing of the petition for sentencing review, the court shall set the matter for a hearing. Provides that this date may be extended by motion of either party and at the court's discretion for good cause shown. Provides that at the sentencing review hearing the court shall consider certain factors. Provides that following the hearing, the court may affirm or reduce the petitioner's sentence and shall be authorized to depart downward from any mandatory minimum or mandatory sentence enhancement, taking into consideration certain mitigating factors. Provides that notwithstanding any provisions to the contrary, any offender who has petitioned the circuit court for sentencing review shall not be eligible to submit a second petition until at least 5 years have elapsed since the date on which the circuit court ruled upon the initial petition. 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 anything else 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 these provisions. LRB103 28764 RLC 55147 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2258 Introduced 2/10/2023, by Sen. Robert Peters 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 any 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 that upon receipt of the petition and assignment to a judge, the judge shall determine within 30 days if the petitioner has sought filing in the appropriate court and has served 10 or more years of his or her sentence. If the court determines that either of those factors are not satisfied, it shall dismiss the petition and notify the petitioner of the reason for the dismissal. Provides that the State's Attorney must be afforded an opportunity to respond to the petition and the court shall provide the petitioner with the opportunity to reply to the petition. Provides that within 90 days after the filing of the petition for sentencing review, the court shall set the matter for a hearing. Provides that this date may be extended by motion of either party and at the court's discretion for good cause shown. Provides that at the sentencing review hearing the court shall consider certain factors. Provides that following the hearing, the court may affirm or reduce the petitioner's sentence and shall be authorized to depart downward from any mandatory minimum or mandatory sentence enhancement, taking into consideration certain mitigating factors. Provides that notwithstanding any provisions to the contrary, any offender who has petitioned the circuit court for sentencing review shall not be eligible to submit a second petition until at least 5 years have elapsed since the date on which the circuit court ruled upon the initial petition. 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 anything else 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 these provisions. LRB103 28764 RLC 55147 b LRB103 28764 RLC 55147 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2258 Introduced 2/10/2023, by Sen. Robert Peters 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 any 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 that upon receipt of the petition and assignment to a judge, the judge shall determine within 30 days if the petitioner has sought filing in the appropriate court and has served 10 or more years of his or her sentence. If the court determines that either of those factors are not satisfied, it shall dismiss the petition and notify the petitioner of the reason for the dismissal. Provides that the State's Attorney must be afforded an opportunity to respond to the petition and the court shall provide the petitioner with the opportunity to reply to the petition. Provides that within 90 days after the filing of the petition for sentencing review, the court shall set the matter for a hearing. Provides that this date may be extended by motion of either party and at the court's discretion for good cause shown. Provides that at the sentencing review hearing the court shall consider certain factors. Provides that following the hearing, the court may affirm or reduce the petitioner's sentence and shall be authorized to depart downward from any mandatory minimum or mandatory sentence enhancement, taking into consideration certain mitigating factors. Provides that notwithstanding any provisions to the contrary, any offender who has petitioned the circuit court for sentencing review shall not be eligible to submit a second petition until at least 5 years have elapsed since the date on which the circuit court ruled upon the initial petition. 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 anything else 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 these provisions.
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8	8	A BILL FOR
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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 inhabitants,
26	26	16 or in counties under 2,000,000 inhabitants, the chief judge of
27	27	17 the circuit or a judge assigned by the chief judge, in which
28	28	18 the petition is filed, shall assign the matter to any judge.
29	29	19 (2) Upon receipt of the petition and assignment to a
30	30	20 judge, the judge shall determine within 30 days if the
31	31	21 petitioner has sought filing in the appropriate court and has
32	32	22 served 10 or more years of his or her sentence. If the court
33	33	23 determines that either of those factors are not satisfied, it
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2258 Introduced 2/10/2023, by Sen. Robert Peters 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 any 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 that upon receipt of the petition and assignment to a judge, the judge shall determine within 30 days if the petitioner has sought filing in the appropriate court and has served 10 or more years of his or her sentence. If the court determines that either of those factors are not satisfied, it shall dismiss the petition and notify the petitioner of the reason for the dismissal. Provides that the State's Attorney must be afforded an opportunity to respond to the petition and the court shall provide the petitioner with the opportunity to reply to the petition. Provides that within 90 days after the filing of the petition for sentencing review, the court shall set the matter for a hearing. Provides that this date may be extended by motion of either party and at the court's discretion for good cause shown. Provides that at the sentencing review hearing the court shall consider certain factors. Provides that following the hearing, the court may affirm or reduce the petitioner's sentence and shall be authorized to depart downward from any mandatory minimum or mandatory sentence enhancement, taking into consideration certain mitigating factors. Provides that notwithstanding any provisions to the contrary, any offender who has petitioned the circuit court for sentencing review shall not be eligible to submit a second petition until at least 5 years have elapsed since the date on which the circuit court ruled upon the initial petition. 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 anything else 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 these provisions.
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42	42	LRB103 28764 RLC 55147 b
43	43	A BILL FOR
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68	68	1 shall dismiss the petition and notify the petitioner of the
69	69	2 reason for the dismissal. This notification shall be served
70	70	3 upon the petitioner by certified mail within 10 days of its
71	71	4 entry. If the court determines the petition was appropriately
72	72	5 filed, it shall docket the petition. If the petitioner is
73	73	6 without counsel and alleges in the petition for sentencing
74	74	7 review that he or she is without means to procure counsel, he
75	75	8 or she shall state whether or not he or she wishes counsel to
76	76	9 be appointed to represent him or her. If appointment of
77	77	10 counsel is requested, the court shall appoint counsel if
78	78	11 satisfied that the petitioner has no means to procure counsel.
79	79	12 The clerk of the circuit court shall serve a copy of the
80	80	13 petition to the State's Attorney of that county or his or her
81	81	14 representative.
82	82	15 (3) Upon receipt of the petition for sentencing review,
83	83	16 the State's Attorney's Office shall provide the victim or his
84	84	17 or her family, or both, with a copy of the petition, and notice
85	85	18 of any restorative justice programs available.
86	86	19 (4) The petitioner, if pro se, or his or her attorney may
87	87	20 amend the petition for sentencing review.
88	88	21 (5) The State's Attorney must be afforded an opportunity
89	89	22 to respond to the petition and the court shall provide the
90	90	23 petitioner with the opportunity to reply to the petition.
91	91	24 (6) Within 90 days after the filing of the petition for
92	92	25 sentencing review, the court shall set the matter for a
93	93	26 hearing. This date may be extended by motion of either party
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104	104	1 and at the court's discretion for good cause shown.
105	105	2 (7) At the sentencing review hearing, the court shall:
106	106	3 (A) consider in mitigation the factors listed in
107	107	4 paragraphs (A) through (K) of paragraph (8) of this
108	108	5 Section;
109	109	6 (B) consider the evidence, if any, received at trial;
110	110	7 (C) consider any presentence reports;
111	111	8 (D) consider the financial impact of incarceration
112	112	9 based on the financial impact statement filed with the
113	113	10 clerk of the court by the Department of Corrections;
114	114	11 (E) consider any additional evidence and information
115	115	12 offered by the parties in aggravation and mitigation,
116	116	13 including, but not limited to, scientific evidence of
117	117	14 recidivism;
118	118	15 (F) consider the person's overall record of behavior
119	119	16 while incarcerated, including disciplinary history,
120	120	17 participation in educational and vocational programs
121	121	18 available to the petitioner, including, but not limited
122	122	19 to, restorative justice programs, and extent of
123	123	20 cooperation with staff;
124	124	21 (G) hear arguments as to sentencing alternatives;
125	125	22 (H) afford the petitioner the opportunity to make a
126	126	23 statement on his or her behalf without being subject to
127	127	24 cross-examination;
128	128	25 (I) afford the victim or families of victims of the
129	129	26 crime, or both, for which the petitioner was originally
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140	140	1 sentenced an opportunity to provide a victim impact
141	141	2 statement to the court. The court shall permit those
142	142	3 statements and consider the live testimony of a victim or
143	143	4 a victim representative.
144	144	5 (8) Following the hearing, the court may affirm or reduce
145	145	6 the petitioner's sentence and shall be authorized to depart
146	146	7 downward from any mandatory minimum or mandatory sentence
147	147	8 enhancement, taking into consideration the following factors:
148	148	9 (A) the petitioner's current age, as well as the
149	149	10 petitioner's age, impetuosity, and level of maturity at
150	150	11 the time of the offense, including the ability to consider
151	151	12 risks and consequences of behavior, and the presence of
152	152	13 cognitive or developmental disability, if any;
153	153	14 (B) whether the petitioner was subjected to outside
154	154	15 pressure, including peer pressure, familial pressure, or
155	155	16 negative influences;
156	156	17 (C) the petitioner's family and community
157	157	18 circumstances, home environment, educational and social
158	158	19 background, including any history of parental neglect,
159	159	20 physical, mental, or sexual abuse, involvement in the
160	160	21 child welfare system, or other childhood trauma;
161	161	22 (D) the nature and circumstances of the offense;
162	162	23 (E) the petitioner's degree of participation and
163	163	24 specific role in the offense, including the level of
164	164	25 planning by the defendant before the offense;
165	165	26 (F) whether the petitioner was able to meaningfully
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176	176	1 participate in his or her defense;
177	177	2 (G) the petitioner's prior juvenile or criminal
178	178	3 history;
179	179	4 (H) the history and characteristics of the petitioner
180	180	5 at the time of the petition, including rehabilitation and
181	181	6 maturity demonstrated by the petitioner;
182	182	7 (I) any report from a physical, mental, or psychiatric
183	183	8 examination of the petitioner conducted by a licensed
184	184	9 health professional;
185	185	10 (J) any changes to the law governing criminal
186	186	11 convictions, dispositions, or length of stay since the
187	187	12 time of sentencing; and
188	188	13 (K) any other information the court finds relevant and
189	189	14 reliable, including an expression of remorse, if
190	190	15 appropriate. However, if the petitioner, on advice of
191	191	16 counsel chooses not to make a statement, the court shall
192	192	17 not consider a lack of an expression of remorse as an
193	193	18 aggravating factor. The order following a sentencing
194	194	19 review hearing is a final judgment. Any final judgment
195	195	20 entered upon the petition shall be reviewed in a manner
196	196	21 pursuant to the rules of the Supreme Court.
197	197	22 (9) Notwithstanding any provision of this Section to the
198	198	23 contrary, any offender who has petitioned the circuit court
199	199	24 for sentencing review under this Section shall not be eligible
200	200	25 to submit a second petition until at least 5 years have elapsed
201	201	26 since the date on which the circuit court ruled upon the
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212	212	1 initial petition. In considering the second petition, the
213	213	2 court shall follow the procedure stated in paragraphs (2)
214	214	3 through (8). Following a hearing on the second petition
215	215	4 pursuant to this paragraph (9), the court may affirm or reduce
216	216	5 the petitioner's sentence. The order following a hearing
217	217	6 pursuant to this paragraph is a final judgment.
218	218	7 (10) The petitioner may file a motion seeking leave for
219	219	8 sentencing review when 5 years have elapsed since the date on
220	220	9 which the circuit court ruled on a petition filed pursuant to
221	221	10 paragraph (9). The motion must clearly set forth the need for
222	222	11 sentencing review, including the efforts the petitioner has
223	223	12 made toward rehabilitation and his or her demonstrated
224	224	13 maturity.
225	225	14 (A) Within 90 days after the filing of this motion,
226	226	15 the court shall examine the motion and enter an order
227	227	16 thereon. In considering a motion under this paragraph, the
228	228	17 court may examine the court file of the proceeding in
229	229	18 which the petitioner was convicted, any action taken by an
230	230	19 appellate court in that proceeding, any transcripts of
231	231	20 that proceeding, and any transcript or court documents
232	232	21 from previous proceedings under this Section. If the court
233	233	22 determines the motion is frivolous or is patently without
234	234	23 merit, it shall deny the motion in a written order,
235	235	24 specifying the underlying basis for its decision that
236	236	25 continued incarceration is appropriate and necessary. The
237	237	26 order is a final judgment and shall be served upon the
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248	248	1 petitioner by certified mail within 10 days of its entry.
249	249	2 (B) If the petition is not dismissed under
250	250	3 subparagraph (A), the court shall order the motion for
251	251	4 sentencing review to be docketed for further consideration
252	252	5 in accordance with the procedure stated in paragraphs (2)
253	253	6 through (8).
254	254	7 (11) This Section shall operate retroactively to provide
255	255	8 any person incarcerated for a crime or crimes committed,
256	256	9 before the effective date of this amendatory Act of the 103rd
257	257	10 General Assembly, with the opportunity to file a motion for
258	258	11 resentencing under this Section under the terms provided in
259	259	12 this Section.
260	260	13 (12) Notwithstanding anything else to the contrary in this
261	261	14 Section, nothing in this Section shall be construed to delay
262	262	15 parole or mandatory supervised release consideration for
263	263	16 petitioners who, prior to the effective date of this
264	264	17 amendatory Act of the 103rd General Assembly, are or will be
265	265	18 eligible for release earlier than this Section provides.
266	266	19 (13) The clerk of the court shall serve copies of the
267	267	20 petitions, any amendments to the petition and the final orders
268	268	21 to the Sentencing Policy Advisory Council. The Sentencing
269	269	22 Policy Advisory Council shall report on the impact of
270	270	23 resentencing motions on the prison population contingent on
271	271	24 having sufficient reliable data to support the analysis. The
272	272	25 report shall be due 3 years after the effective date of this
273	273	26 amendatory Act of the 103rd General Assembly.
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