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Illinois Senate Bill SB2256

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2256 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2256 Introduced 2/7/2025, 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. Establishes procedures for filing petitions for sentencing review and the manner in which hearings on those petitions are held. Provides that the Illinois Sentencing Policy Advisory Council shall report 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 due 3 years after the effective date of the amendatory Act. Effective immediately. LRB104 09299 RLC 22299 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2256 Introduced 2/7/2025, 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. Establishes procedures for filing petitions for sentencing review and the manner in which hearings on those petitions are held. Provides that the Illinois Sentencing Policy Advisory Council shall report 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 due 3 years after the effective date of the amendatory Act. Effective immediately. LRB104 09299 RLC 22299 b LRB104 09299 RLC 22299 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2256 Introduced 2/7/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
33 730 ILCS 5/5-4.5-120 new 730 ILCS 5/5-4.5-120 new
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55 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. Establishes procedures for filing petitions for sentencing review and the manner in which hearings on those petitions are held. Provides that the Illinois Sentencing Policy Advisory Council shall report 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 due 3 years after the effective date of the amendatory Act. Effective immediately.
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1111 1 AN ACT concerning criminal law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Unified Code of Corrections is amended by
1515 5 adding Section 5-4.5-120 as follows:
1616 6 (730 ILCS 5/5-4.5-120 new)
1717 7 Sec. 5-4.5-120. SENTENCING REVIEW OF INCARCERATED
1818 8 INDIVIDUALS. Any person imprisoned in the penitentiary may,
1919 9 after serving 10 years or more of his or her sentence or
2020 10 cumulative sentences, submit a petition for sentencing review
2121 11 in the circuit court of the county in which he or she was
2222 12 originally sentenced. The procedure for sentencing review
2323 13 shall occur in the following manner:
2424 14 (1) The chief judge of the criminal division of the
2525 15 circuit located in a county of 2,000,000 or more inhabitants,
2626 16 or in counties under 2,000,000 inhabitants, the chief judge of
2727 17 the circuit or a judge assigned by the chief judge, in which
2828 18 the petition is filed, shall assign the matter to any judge.
2929 19 (2) Upon receipt of the petition and assignment to a
3030 20 judge, the judge shall determine within 30 days if the
3131 21 petitioner has sought filing in the appropriate court and has
3232 22 served 10 or more years of his or her sentence. If the court
3333 23 determines that either of those factors are not satisfied, it
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2256 Introduced 2/7/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
3838 730 ILCS 5/5-4.5-120 new 730 ILCS 5/5-4.5-120 new
3939 730 ILCS 5/5-4.5-120 new
4040 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. Establishes procedures for filing petitions for sentencing review and the manner in which hearings on those petitions are held. Provides that the Illinois Sentencing Policy Advisory Council shall report 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 due 3 years after the effective date of the amendatory Act. Effective immediately.
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6868 1 shall dismiss the petition and notify the petitioner of the
6969 2 reason for the dismissal. This notification shall be served
7070 3 upon the petitioner by certified mail within 10 days of its
7171 4 entry. If the court determines the petition was appropriately
7272 5 filed, it shall docket the petition. If the petitioner is
7373 6 without counsel and alleges in the petition for sentencing
7474 7 review that he or she is without means to procure counsel, he
7575 8 or she shall state whether he or she wishes counsel to be
7676 9 appointed to represent him or her. If appointment of counsel
7777 10 is requested, the court shall appoint the Public Defender if
7878 11 the court is satisfied that the petitioner has no means to
7979 12 procure counsel. The clerk of the circuit court shall serve a
8080 13 copy of the petition to the State's Attorney of that county or
8181 14 his or her representative.
8282 15 (3) Upon receipt of the petition for sentencing review,
8383 16 the State's Attorney's Office shall provide notice to the
8484 17 victim or his or her family, or both, and notice to the victim
8585 18 or his or her family, or both, of any restorative justice
8686 19 programs or any other resources available in the State or the
8787 20 local area. The State's Attorney may also include, but is not
8888 21 limited to, providing a copy of the petition by certified mail
8989 22 and connection to a victim advocate. The State's Attorney
9090 23 shall make every effort to provide such notice and, if
9191 24 unsuccessful, shall notify the chief judge of the circuit
9292 25 court and the judge assigned to the sentencing review.
9393 26 (4) The petitioner, if pro se, or his or her attorney may
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104104 1 amend the petition for sentencing review.
105105 2 (5) The State's Attorney must be afforded an opportunity
106106 3 to respond to the petition and the court shall provide the
107107 4 petitioner with the opportunity to reply.
108108 5 (6) Within 90 days after the filing of the petition for
109109 6 sentencing review, the court shall set the matter for a
110110 7 hearing. This date may be extended by motion of either party
111111 8 and at the court's discretion for good cause shown.
112112 9 (7) At the sentencing review hearing, the court shall:
113113 10 (A) consider in mitigation the factors listed in
114114 11 subparagraphs (A) through (L) of paragraph (8) of this
115115 12 Section;
116116 13 (B) consider the evidence, if any, received at trial;
117117 14 (C) consider any presentence reports;
118118 15 (D) consider the financial impact of incarceration
119119 16 based on the financial impact statement filed with the
120120 17 clerk of the court by the Department of Corrections;
121121 18 (E) consider any additional evidence and information
122122 19 offered by the parties in aggravation and mitigation,
123123 20 including, but not limited to, scientific evidence of
124124 21 recidivism;
125125 22 (F) consider the person's overall record of behavior
126126 23 while incarcerated, including disciplinary history,
127127 24 participation in educational and vocational programs
128128 25 available to the petitioner, including, but not limited
129129 26 to, restorative justice programs and extent of cooperation
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140140 1 with staff;
141141 2 (G) hear arguments as to sentencing alternatives;
142142 3 (H) afford the petitioner the opportunity to make a
143143 4 statement on his or her own behalf without being subject
144144 5 to cross-examination; and
145145 6 (I) afford the victim or family of the victim of the
146146 7 crime, or both, for which the petitioner was originally
147147 8 sentenced an opportunity to provide a victim impact
148148 9 statement to the court. The court shall permit those
149149 10 statements and consider the live testimony of a victim or
150150 11 a victim representative.
151151 12 (8) Following the hearing, the court may affirm or reduce
152152 13 the petitioner's sentence and shall be authorized to depart
153153 14 downward from any mandatory minimum or mandatory sentence
154154 15 enhancement, taking into consideration the following factors:
155155 16 (A) the petitioner's current age, as well as the
156156 17 petitioner's age, impetuosity, and level of maturity at
157157 18 the time of the offense, including the ability to consider
158158 19 risks and consequences of behavior, and the presence of
159159 20 cognitive or developmental disability, if any;
160160 21 (B) whether the petitioner was subjected to outside
161161 22 pressure, including peer pressure, familial pressure, or
162162 23 negative influences;
163163 24 (C) the petitioner's family and community
164164 25 circumstances, home environment, educational and social
165165 26 background, including any history of parental neglect,
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176176 1 physical, mental, or sexual abuse, involvement in the
177177 2 child welfare system, or other childhood trauma including
178178 3 adverse childhood experiences (or ACEs);
179179 4 (D) the nature and circumstances of the offense;
180180 5 (E) the petitioner's degree of participation and
181181 6 specific role in the offense, including the level of
182182 7 planning by the defendant before the offense;
183183 8 (F) whether the person was able to meaningfully
184184 9 participate in his or her defense;
185185 10 (G) the petitioner's prior juvenile or criminal
186186 11 history;
187187 12 (H) the history and characteristics of the petitioner
188188 13 at the time of the petition, including rehabilitation and
189189 14 maturity demonstrated by the petitioner;
190190 15 (I) the involvement of the petitioner in the
191191 16 community, either prior to or during the period of
192192 17 incarceration;
193193 18 (J) any report from a physical, mental, or psychiatric
194194 19 examination of the petitioner conducted by a licensed
195195 20 health professional;
196196 21 (K) any changes to the law governing criminal
197197 22 convictions, dispositions, or length of stay since the
198198 23 time of sentencing; and
199199 24 (L) any other information the court finds relevant and
200200 25 reliable, including an expression of remorse, if
201201 26 appropriate. However, if the person, on advice of counsel
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212212 1 chooses not to make a statement, the court shall not
213213 2 consider a lack of an expression of remorse as an
214214 3 aggravating factor.
215215 4 The order following a sentencing review hearing is a final
216216 5 judgment. Any final judgment entered upon the petition shall
217217 6 be reviewed in a manner pursuant to the rules of the Supreme
218218 7 Court.
219219 8 (9) Notwithstanding any provision of this Section to the
220220 9 contrary, any offender who has petitioned the circuit court
221221 10 for sentencing review pursuant to this Section shall not be
222222 11 eligible to submit a second petition until at least 5 years
223223 12 have elapsed since the date on which the circuit court ruled
224224 13 upon the initial petition. In considering the second petition,
225225 14 the court shall follow the procedure stated in paragraphs (2)
226226 15 through (8) of this Section. Following a hearing on the second
227227 16 petition pursuant to this paragraph (9), the court may affirm
228228 17 or reduce such petitioner's sentence. The order following a
229229 18 hearing pursuant to this paragraph is a final judgment.
230230 19 (10) The petitioner may file a motion seeking leave for
231231 20 sentencing review when 5 years have elapsed since the date on
232232 21 which the circuit court ruled on a petition filed pursuant to
233233 22 paragraph (9) of this Section. The motion must clearly set
234234 23 forth the need for sentencing review, including the efforts
235235 24 the petitioner has made towards rehabilitation and his or her
236236 25 demonstrated maturity.
237237 26 (A) Within 90 days after the filing of this motion,
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248248 1 the court shall examine the motion and enter an order on
249249 2 the motion. In considering a motion under this paragraph,
250250 3 the court may examine the court file of the proceeding in
251251 4 which the petitioner was convicted, any action taken by an
252252 5 appellate court in that proceeding, any transcripts of
253253 6 that proceeding, and any transcript or court documents
254254 7 from previous proceedings under this Section. If the court
255255 8 determines the motion is frivolous or is patently without
256256 9 merit, it shall deny the motion in a written order,
257257 10 specifying the underlying basis for its decision that
258258 11 continued incarceration is appropriate and necessary. The
259259 12 order is a final judgment and shall be served upon the
260260 13 petitioner by certified mail within 10 days of its entry.
261261 14 (B) If the petition is not dismissed under
262262 15 subparagraph (A), the court shall order the motion for
263263 16 sentencing review to be docketed for further consideration
264264 17 in accordance with the procedure stated in paragraphs (2)
265265 18 through (8) of this Section.
266266 19 (11) This Section shall operate retroactively to provide
267267 20 any person incarcerated for a crime or crimes committed,
268268 21 before the effective date of this amendatory Act of the 104th
269269 22 General Assembly, with the opportunity to file a motion for
270270 23 resentencing under this Section under the terms provided in
271271 24 this Section.
272272 25 (12) Notwithstanding anything else to the contrary in this
273273 26 Section, nothing in this Section shall be construed to delay
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284284 1 parole or mandatory supervised release consideration for
285285 2 petitioners who, prior to the effective date of this
286286 3 amendatory Act of the 104th General Assembly, are or will be
287287 4 eligible for release earlier than this Section provides.
288288 5 (13) The clerk of the court shall serve copies of the
289289 6 petitions, any amendments to the petition and the final orders
290290 7 to the Illinois Sentencing Policy Advisory Council. The
291291 8 Illinois Sentencing Policy Advisory Council shall report on
292292 9 the impact of resentencing motions on the prison population
293293 10 contingent on having sufficient reliable data to support the
294294 11 analysis. The report shall be due 3 years after the effective
295295 12 date of this amendatory Act of the 104th General Assembly.
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