Illinois 2025-2026 Regular Session

Illinois House Bill HB4040 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4040 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: New Act Creates the Emerging Adult Sentencing Act. Provides that upon a conviction by way of plea or otherwise finding of guilt, and with the express agreement of the State's Attorney and the defendant, the court may sentence a person who meets the eligibility requirements under the Act to a term of probation to be performed at a community-based residential workforce development center for a period of not less than one year and not more than 3 years in lieu of incarceration in the Illinois Department of Corrections. Provides that the defendant shall be monitored by the adult probation department. Provides that the defendant shall: (1) not violate any criminal statute of the State or any other jurisdiction; (2) refrain from possessing a firearm or any other dangerous weapon; and (3) attend and participate in any program activities as detailed in the individualized service plan. Provides that a defendant is eligible for the program if the person is between the ages 18 through 25, at the time of the commission of the offense, and is convicted of specified felony offenses in which a period of incarceration must be imposed, other than a sentence of natural life. Provides that prior criminal history shall not preclude eligibility for sentencing under the Act. Provides that upon successful fulfillment of the terms and conditions of probation, the court shall discharge the person from probation. Provides that if the person has not previously been granted a vacation of judgment, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her unless, having considered the nature and circumstances of the offense and the history, character and condition of the individual, the court finds that the motion should not be granted. Effective immediately. LRB104 13097 RLC 25120 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4040 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: New Act New Act Creates the Emerging Adult Sentencing Act. Provides that upon a conviction by way of plea or otherwise finding of guilt, and with the express agreement of the State's Attorney and the defendant, the court may sentence a person who meets the eligibility requirements under the Act to a term of probation to be performed at a community-based residential workforce development center for a period of not less than one year and not more than 3 years in lieu of incarceration in the Illinois Department of Corrections. Provides that the defendant shall be monitored by the adult probation department. Provides that the defendant shall: (1) not violate any criminal statute of the State or any other jurisdiction; (2) refrain from possessing a firearm or any other dangerous weapon; and (3) attend and participate in any program activities as detailed in the individualized service plan. Provides that a defendant is eligible for the program if the person is between the ages 18 through 25, at the time of the commission of the offense, and is convicted of specified felony offenses in which a period of incarceration must be imposed, other than a sentence of natural life. Provides that prior criminal history shall not preclude eligibility for sentencing under the Act. Provides that upon successful fulfillment of the terms and conditions of probation, the court shall discharge the person from probation. Provides that if the person has not previously been granted a vacation of judgment, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her unless, having considered the nature and circumstances of the offense and the history, character and condition of the individual, the court finds that the motion should not be granted. Effective immediately. LRB104 13097 RLC 25120 b LRB104 13097 RLC 25120 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4040 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Emerging Adult Sentencing Act. Provides that upon a conviction by way of plea or otherwise finding of guilt, and with the express agreement of the State's Attorney and the defendant, the court may sentence a person who meets the eligibility requirements under the Act to a term of probation to be performed at a community-based residential workforce development center for a period of not less than one year and not more than 3 years in lieu of incarceration in the Illinois Department of Corrections. Provides that the defendant shall be monitored by the adult probation department. Provides that the defendant shall: (1) not violate any criminal statute of the State or any other jurisdiction; (2) refrain from possessing a firearm or any other dangerous weapon; and (3) attend and participate in any program activities as detailed in the individualized service plan. Provides that a defendant is eligible for the program if the person is between the ages 18 through 25, at the time of the commission of the offense, and is convicted of specified felony offenses in which a period of incarceration must be imposed, other than a sentence of natural life. Provides that prior criminal history shall not preclude eligibility for sentencing under the Act. Provides that upon successful fulfillment of the terms and conditions of probation, the court shall discharge the person from probation. Provides that if the person has not previously been granted a vacation of judgment, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her unless, having considered the nature and circumstances of the offense and the history, character and condition of the individual, the court finds that the motion should not be granted. Effective immediately.
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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 1. Short title. This Act may be cited as the
15	15	5 Emerging Adult Sentencing Act.
16	16	6 Section 5. Purpose. The purpose of this Act is to create a
17	17	7 transformative post-conviction model that reduces reliance on
18	18	8 traditional incarceration for emerging adults by fostering
19	19	9 partnerships between adult probation departments and
20	20	10 nonprofit, community-based residential workforce development
21	21	11 centers to implement restorative justice practices, workforce
22	22	12 training, and mental health support. This Act recognizes that
23	23	13 young adults aged 18 through 25 are more likely to be justice
24	24	14 involved due to poverty, instability, trauma, and a lack of
25	25	15 social and emotional services and support. Young adults who
26	26	16 receive holistic, developmentally appropriate supports and
27	27	17 services in a community setting continue educational pursuits,
28	28	18 successfully enter the workforce, and are less likely to
29	29	19 reoffend, thus increasing the welfare of the young adult and
30	30	20 the community, rather than those who are incarcerated. This
31	31	21 Act recognizes that the qualities that distinguish juveniles
32	32	22 from adults do not disappear when an individual turns 18. They
33	33	23 remain vulnerable to negative influences and outside peer
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB4040 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Emerging Adult Sentencing Act. Provides that upon a conviction by way of plea or otherwise finding of guilt, and with the express agreement of the State's Attorney and the defendant, the court may sentence a person who meets the eligibility requirements under the Act to a term of probation to be performed at a community-based residential workforce development center for a period of not less than one year and not more than 3 years in lieu of incarceration in the Illinois Department of Corrections. Provides that the defendant shall be monitored by the adult probation department. Provides that the defendant shall: (1) not violate any criminal statute of the State or any other jurisdiction; (2) refrain from possessing a firearm or any other dangerous weapon; and (3) attend and participate in any program activities as detailed in the individualized service plan. Provides that a defendant is eligible for the program if the person is between the ages 18 through 25, at the time of the commission of the offense, and is convicted of specified felony offenses in which a period of incarceration must be imposed, other than a sentence of natural life. Provides that prior criminal history shall not preclude eligibility for sentencing under the Act. Provides that upon successful fulfillment of the terms and conditions of probation, the court shall discharge the person from probation. Provides that if the person has not previously been granted a vacation of judgment, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her unless, having considered the nature and circumstances of the offense and the history, character and condition of the individual, the court finds that the motion should not be granted. Effective immediately.
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68	68	1 pressures, including from their families and peers, and they
69	69	2 have limited control over their own environment. Because the
70	70	3 characters of emerging adults are still being formed, their
71	71	4 traits are less fixed and their actions are less likely to be
72	72	5 evidence of a lack of rehabilitative potential. Accordingly,
73	73	6 emerging adults are worthy of special care, investment, and
74	74	7 consideration so as to prevent long-term involvement in the
75	75	8 criminal justice system and the psychological damage caused by
76	76	9 carceral settings. This policy is grounded in balanced
77	77	10 restorative justice values and practices, that seek to improve
78	78	11 community safety by considering the welfare of the emerging
79	79	12 adult with a focus on connecting emerging adults to supports
80	80	13 that address underlying root causes of behavior instead of
81	81	14 punitive measures.
82	82	15 Section 10. Definitions. In this Act:
83	83	16 "Emerging adult" means an individual who is at least 18
84	84	17 years of age but under 26 years of age, at the time of the
85	85	18 commission of the offense, who has been convicted of a crime
86	86	19 that is non-probationable and is eligible for confinement in a
87	87	20 penal institution.
88	88	21 "Individualized service plan" means the written details of
89	89	22 the developmentally appropriate supports, activities, and
90	90	23 resources required for the individual to achieve personal
91	91	24 goals, which could include workforce development, mental
92	92	25 health counseling, substance abuse counseling, educational
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103	103	1 classes, financial literacy classes, and restorative justice
104	104	2 programming that a person will receive during the term of the
105	105	3 person's stay.
106	106	4 "Initial assessment" means a detailed evaluation of a
107	107	5 person's behavioral health used to diagnose conditions,
108	108	6 identify strengths and needs, and develop treatment plans such
109	109	7 as provided through the use of standardized assessment tools
110	110	8 such as the Illinois Medicaid Comprehensive Assessment of
111	111	9 Needs and Strengths.
112	112	10 "Mitigation report" means a report that outlines the
113	113	11 social and educational history of a person, which also
114	114	12 includes employment history, mental health diagnosis and
115	115	13 individualized service plans, history of or current substance
116	116	14 use and treatment, criminal history, and character references.
117	117	15 "Penal institution" has the meaning ascribed to the term
118	118	16 in Section 2-14 of the Criminal Code of 2012.
119	119	17 "Residential workforce development center" means a
120	120	18 nonprofit organization that provides transitional housing and
121	121	19 on-site facilitation of workforce development services
122	122	20 including employment and vocational training, financial
123	123	21 counseling, education, social and mental health services,
124	124	22 substance abuse counseling, individual and family counseling,
125	125	23 restorative justice programming, assistance in locating
126	126	24 permanent residential placement and obtaining suitable
127	127	25 employment or educational pursuits upon release, and any other
128	128	26 services as appropriate to emerging adults.
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139	139	1 "Restorative justice programming" means practices or
140	140	2 programming designed to contribute to the emotional
141	141	3 development of a person and foster meaningful connections to
142	142	4 the community.
143	143	5 "Transitional housing" means single occupancy housing in a
144	144	6 facility not otherwise open to and accessible by the public
145	145	7 that is equipped with video monitoring, residential managers,
146	146	8 24-hour on-site staffing and monitoring, visitation
147	147	9 restrictions, and a curfew; and that provides residents with
148	148	10 on-site meals, laundry services, basic living necessities
149	149	11 including personal care items, and health and wellness
150	150	12 facilities and services.
151	151	13 Section 15. Establishment of emerging adult sentencing.
152	152	14 (a) Community-based residential workforce development
153	153	15 centers shall offer transitional housing and developmentally
154	154	16 appropriate services including, but not limited to, workforce
155	155	17 training and certification, mental health counseling,
156	156	18 financial literacy classes, and restorative justice
157	157	19 programming in alignment with State guidelines, and shall have
158	158	20 and maintain the appropriate certifications, licenses, and
159	159	21 accreditations for all provided services, which shall be
160	160	22 provided to the adult probation department and included in the
161	161	23 mitigation packet submitted to the court.
162	162	24 (b) The program shall be subject to judicial discretion,
163	163	25 allowing sentencing judges to assign eligible individuals to
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174	174	1 community-based residential workforce development centers
175	175	2 while on a period of probation in lieu of a period of
176	176	3 incarceration at the Department of Corrections.
177	177	4 (c) Community-based residential workforce development
178	178	5 centers shall provide annual reports to the adult probation
179	179	6 department detailing aggregate performance and impact metrics.
180	180	7 Section 20. Eligible persons.
181	181	8 (a) Notwithstanding the provisions set forth in Section
182	182	9 5-5-3 of the Unified Code of Corrections, this Act applies to
183	183	10 persons ages 18 through 25 at the time of the commission of the
184	184	11 offense who are convicted of the following felony offenses in
185	185	12 which a period of incarceration must be imposed, other than a
186	186	13 sentence of natural life:
187	187	14 (1) any non-violent felony offense in which a period
188	188	15 of incarceration must be imposed upon conviction;
189	189	16 (2) aggravated unlawful possession of a weapon;
190	190	17 (3) unlawful possession of weapons by felons;
191	191	18 (4) residential burglary;
192	192	19 (5) probationable felony offenses in which a period of
193	193	20 incarceration other than natural life must be imposed upon
194	194	21 conviction based upon the criminal history of the
195	195	22 defendant, except sex offenses as defined in Section 2 of
196	196	23 the Sex Offender Registration Act; and
197	197	24 (6) any felony offense in which the court finds
198	198	25 exceptional circumstances exist for purposes of sentencing
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209	209	1 under this Act, except for first degree murder and sex
210	210	2 offenses as defined in Section 2 of the Sex Offender
211	211	3 Registration Act.
212	212	4 (b) Prior criminal history shall not preclude eligibility
213	213	5 for sentencing under this Act.
214	214	6 Section 25. Sentencing.
215	215	7 (a) Upon a conviction by way of plea or otherwise finding
216	216	8 of guilt, and with the express agreement of the State's
217	217	9 Attorney and the defendant, the court may sentence a person
218	218	10 who meets the eligibility requirements under this Act to a
219	219	11 term of probation to be performed at a community-based
220	220	12 residential workforce development center for a period of not
221	221	13 less than one year and not more than 3 years in lieu of
222	222	14 incarceration in the Illinois Department of Corrections. The
223	223	15 person shall be monitored by the adult probation department.
224	224	16 The conditions of probation are that the defendant:
225	225	17 (1) not violate any criminal statute of this State or
226	226	18 any other jurisdiction;
227	227	19 (2) refrain from possessing a firearm or any other
228	228	20 dangerous weapon; and
229	229	21 (3) attend and participate in any program activities
230	230	22 as detailed in the individualized service plan.
231	231	23 All fines, fees, and costs shall be waived for any person
232	232	24 sentenced to a community-based residential workforce
233	233	25 development center under this Act.
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244	244	1 (b) Prior to imposing a sentence of probation under this
245	245	2 Act, the defendant shall submit a mitigation report to the
246	246	3 court and the court may, upon its own order, also obtain a
247	247	4 Presentence Investigation Report. The defendant must also
248	248	5 obtain and provide proof of acceptance to a community-based
249	249	6 workforce development center and submit an individualized
250	250	7 service plan to the court based upon an initial assessment
251	251	8 provided by a licensed professional.
252	252	9 (c) In determining whether to impose a sentence under this
253	253	10 Act, the court shall take into consideration the following:
254	254	11 (1) the age, immaturity, or limited mental capacity of
255	255	12 the defendant;
256	256	13 (2) the nature and circumstances of the offense;
257	257	14 (3) whether sentencing under this Act is in the
258	258	15 interest of the defendant's rehabilitation, including any
259	259	16 employment or involvement in community, educational,
260	260	17 training, or vocational programs as detailed in the
261	261	18 individualized service plan;
262	262	19 (4) whether the defendant suffers from trauma, as
263	263	20 supported by documentation or evaluation by a licensed
264	264	21 professional; and
265	265	22 (5) the potential risk to public safety.
266	266	23 (d) The court shall make a detailed record of its findings
267	267	24 when imposing or declining to impose sentencing under this Act
268	268	25 for any eligible persons.
269	269	26 (e) Upon successful fulfillment of the terms and
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280	280	1 conditions of probation, the court shall discharge the person
281	281	2 from probation. If the person's sentence has not been vacated
282	282	3 under this Section, upon motion, the court shall vacate the
283	283	4 judgment of conviction and dismiss the criminal proceedings
284	284	5 against him or her unless, having considered the nature and
285	285	6 circumstances of the offense and the history, character, and
286	286	7 condition of the individual, the court finds that the motion
287	287	8 should not be granted. Unless good cause is shown, the motion
288	288	9 to vacate must be filed at any time from the date of entry of
289	289	10 the judgment to a date that is not more than 60 days after the
290	290	11 discharge from probation.
291	291	12 Section 30. Progress reports. The adult probation
292	292	13 department shall submit a written status report to the court,
293	293	14 to the State, and to the defense, detailing the progress of the
294	294	15 defendant:
295	295	16 (1) 90 days after initial sentencing;
296	296	17 (2) upon completion of the probation period or the
297	297	18 fulfillment of the terms of the individualized service
298	298	19 plan; or
299	299	20 (3) any time upon request of the court.
300	300	21 Section 35. Violation, modification, and revocation of
301	301	22 probation.
302	302	23 (a) Upon violation of a term or condition of the program,
303	303	24 the court may enter a judgment on its original finding of guilt
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314	314	1 and proceed as otherwise provided by law.
315	315	2 (b) The court shall consider least restrictive
316	316	3 alternatives prior to imposing a sentence of incarceration
317	317	4 upon a revocation of the sentence of probation.
318	318	5 Section 99. Effective date. This Act takes effect upon
319	319	6 becoming law.
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