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IL SB2256

IL SB2256
CD CORR-SENTENCING REVIEW


summary

Introduced
02/07/2025
In Committee
02/07/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

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.

AI Summary

This bill amends the Unified Code of Corrections to establish a comprehensive sentencing review process for incarcerated individuals who have served 10 or more years of their sentence. Under the new law, prisoners can petition their original sentencing county's circuit court for a review of their sentence, which involves a detailed hearing process that considers multiple factors such as the individual's age at the time of the offense, family and community circumstances, rehabilitation efforts, and current behavior while incarcerated. The court is authorized to affirm or reduce the original sentence, taking into account mitigating factors like cognitive development, childhood trauma, and rehabilitation progress. The bill requires notification to victims, provides opportunities for victim impact statements, and allows for potential legal representation through the Public Defender. Importantly, individuals can only file a second petition after 5 years have elapsed since the first review, and the bill operates retroactively, giving people imprisoned before the law's effective date an opportunity to seek sentencing review. The Illinois Sentencing Policy Advisory Council is required to report on the impact of these resentencing motions on the prison population within three years of the law's implementation, contingent on having sufficient reliable data.

Sponsors (1)

Last Action

Referred to Assignments (on 02/07/2025)

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