HB3332 EngrossedLRB104 09379 RLC 19438 b HB3332 Engrossed LRB104 09379 RLC 19438 b
HB3332 Engrossed LRB104 09379 RLC 19438 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Unified Code of Corrections is amended by
5 adding Section 5-4.5-120 as follows:
6 (730 ILCS 5/5-4.5-120 new)
7 Sec. 5-4.5-120. SENTENCING REVIEW OF PERSONS UNDER THE AGE
8 OF 21 AT THE TIME OF THE COMMISSION OF AN OFFENSE. A person
9 under 21 years of age at the time of the commission of an
10 offense or offenses, other than first degree murder, shall be
11 eligible for sentencing review after serving 10 years or more
12 of his or her sentence or cumulative sentences. A person under
13 21 years of age at the time of the commission of first degree
14 murder shall be eligible for sentencing review after serving
15 20 years or more of his or her sentence or cumulative
16 sentences, except for those subject to a term of natural life
17 imprisonment under Section 5-8-1 of this Code or any person
18 subject to sentencing under subsection (f) of Section
19 5-4.5-105 of this Code, who shall be eligible for sentencing
20 review after serving 30 years or more of his or her sentence or
21 cumulative sentences. Any eligible person shall submit a
22 petition for sentencing review in the circuit court of the
23 county in which he or she was originally sentenced. The
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1 procedure for sentencing review shall occur in the following
2 manner:
3 (1) The chief judge of the criminal division of the
4 circuit located in a county of 2,000,000 or more inhabitants,
5 or in counties under 2,000,000 inhabitants, the chief judge of
6 the circuit or a judge assigned by the chief judge, in which
7 the petition is filed, shall assign the matter to any judge.
8 (2) Upon receipt of the petition and assignment to a
9 judge, the judge shall determine within 30 days if the
10 petitioner has sought filing in the appropriate court and has
11 served the appropriate amount of time of his or her sentence as
12 set forth in this Section. If the court determines that either
13 of those factors are not satisfied, it shall dismiss the
14 petition and notify the petitioner of the reason for the
15 dismissal. This notification shall be served upon the
16 petitioner by certified mail within 10 days of its entry. If
17 the court determines the petition was appropriately filed, it
18 shall docket the petition. If the petitioner is without
19 counsel and alleges in the petition for sentencing review that
20 he or she is without means to procure counsel, he or she shall
21 state whether or not he or she wishes counsel to be appointed
22 to represent him or her. If appointment of counsel is
23 requested, the court shall appoint the Public Defender if the
24 court is satisfied that the petitioner has no means to procure
25 counsel. The clerk of the circuit court shall serve a copy of
26 the petition to the State's Attorney of that county or his or
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1 her representative.
2 (3) Upon receipt of the petition for sentencing review,
3 the State's Attorney's Office shall provide notice to the
4 victim or his or her family, or both, and notice to the victim
5 or his or her family, or both, of any restorative justice
6 programs or any other resources available in the State or the
7 local area. The State's Attorney may also include, but is not
8 limited to, providing a copy of the petition by certified mail
9 and connection to a victim advocate. The State's Attorney
10 shall make every effort to provide such notice and, if
11 unsuccessful, shall notify the chief judge of the circuit
12 court and the judge assigned to the sentencing review.
13 (4) The petitioner, if pro se, or his or her attorney may
14 amend the petition for sentencing review.
15 (5) The State's Attorney must be afforded an opportunity
16 to respond to the petition and the court shall provide the
17 petitioner with the opportunity to reply.
18 (6) Within 90 days after the filing of the petition for
19 sentencing review, the court shall set the matter for a
20 hearing. This date may be extended by motion of either party
21 and at the court's discretion for good cause shown.
22 (7) At the sentencing review hearing, the court shall:
23 (A) consider in mitigation the factors listed in
24 subparagraphs (A) through (K) of paragraph (8) of this
25 Section;
26 (B) consider any evidence, factual basis, and
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1 testimony, if any, received at trial or plea agreement;
2 (C) consider any presentence reports;
3 (D) consider the financial impact of incarceration
4 based on the financial impact statement filed with the
5 clerk of the court by the Department of Corrections;
6 (E) consider any additional evidence and information
7 offered by the parties in aggravation and mitigation,
8 including, but not limited to, scientific evidence of
9 recidivism;
10 (F) consider the person's overall record of behavior
11 while incarcerated, including disciplinary history,
12 participation in educational and vocational programs
13 available to the petitioner, including but not limited to
14 restorative justice programs, and extent of cooperation
15 with staff;
16 (G) hear arguments as to sentencing alternatives;
17 (H) afford the petitioner the opportunity to make a
18 statement on his or her own behalf without being subject
19 to cross-examination; and
20 (I) afford the victim or family of the victim of the
21 crime, or both, for which the petitioner was originally
22 sentenced an opportunity to present an oral or written
23 statement, as guaranteed by Article I, Section 8.1 of the
24 Illinois Constitution and provided in Section 6 of the
25 Rights of Crime Victims and Witnesses Act. The court shall
26 allow a victim to make an oral statement if the victim is
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1 present in the courtroom and requests to make an oral or
2 written statement. An oral or written statement includes
3 the victim or a representative of the victim reading the
4 written statement. A victim and any person making an oral
5 statement shall not be put under oath or subject to
6 cross-examination. All statements offered under this
7 paragraph shall become part of the record of the court.
8 (8) Following the hearing, the court may affirm or reduce
9 the petitioner's sentence and shall be authorized to depart
10 downward from any mandatory minimum or mandatory sentence
11 enhancement, taking into consideration the following factors:
12 (A) the petitioner's current age, as well as the
13 petitioner's age, impetuosity, and level of maturity at
14 the time of the offense, including the ability to consider
15 risks and consequences of behavior, and the presence of
16 cognitive or developmental disability, if any;
17 (B) whether the petitioner was subjected to outside
18 pressure, including peer pressure, familial pressure, or
19 negative influences;
20 (C) the petitioner's family and community
21 circumstances, home environment, educational and social
22 background, including any history of parental neglect,
23 physical, mental, or sexual abuse, involvement in the
24 child welfare system, or other childhood trauma including
25 adverse childhood experiences (or ACEs);
26 (D) the nature and circumstances of the offense;
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1 (E) the petitioner's degree of participation and
2 specific role in the offense, including the level of
3 planning by the defendant before the offense;
4 (F) whether the person was able to meaningfully
5 participate in his or her defense;
6 (G) the petitioner's prior juvenile or criminal
7 history;
8 (H) the history and characteristics of the petitioner
9 at the time of the petition, including rehabilitation and
10 maturity demonstrated by the petitioner;
11 (I) any report from a physical, mental, or psychiatric
12 examination of the petitioner conducted by a licensed
13 health professional;
14 (J) any changes to the law governing criminal
15 convictions, dispositions, or length of stay since the
16 time of sentencing; and
17 (K) any other information the court finds relevant and
18 reliable, including an expression of remorse, if
19 appropriate. However, if the person, on advice of counsel
20 chooses not to make a statement, the court shall not
21 consider a lack of an expression of remorse as an
22 aggravating factor.
23 The order following a sentencing review hearing is a final
24 judgment. Any final judgment entered upon the petition shall
25 be reviewed in a manner pursuant to the rules of the Supreme
26 Court.
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1 (9) Notwithstanding any provision of this Section to the
2 contrary, any petitioner who has petitioned the circuit court
3 for sentencing review pursuant to this Section shall not be
4 eligible to submit a second and final petition for sentencing
5 review until at least 5 years have elapsed since the date on
6 which the circuit court ruled upon the initial petition. In
7 considering the second petition, the court shall follow the
8 procedure stated in paragraphs (2) through (8) of this
9 Section. Following a hearing on the second petition pursuant
10 to this paragraph (9), the court may affirm or reduce the
11 petitioner's sentence. The order following a hearing pursuant
12 to this paragraph is a final judgment.
13 (10) This Section operates retroactively to provide any
14 person incarcerated for a crime or crimes committed before the
15 effective date of this amendatory Act of the 104th General
16 Assembly, with the opportunity to file a motion for
17 resentencing under this Section under the terms provided in
18 this Section.
19 (11) Notwithstanding anything else to the contrary in this
20 Section, nothing in this Section shall be construed to delay
21 release consideration for petitioners who, prior to the
22 effective date of this amendatory Act of the 104th General
23 Assembly, are or will be eligible for release earlier than
24 this Section provides.
25 (12) The clerk of the court shall serve copies of the
26 petitions, any amendments to the petition and the final orders
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1 to the Illinois Sentencing Policy Advisory Council. The
2 Illinois Sentencing Policy Advisory Council shall report on
3 the impact of resentencing motions on the prison population
4 contingent on having sufficient reliable data to support the
5 analysis. The report shall be due 3 years after the effective
6 date of this amendatory Act of the 104th General Assembly.
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.
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