summary
Introduced
04/10/2025
04/10/2025
In Committee
04/10/2025
04/10/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
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.
AI Summary
This bill creates the Emerging Adult Sentencing Act, which provides an alternative sentencing approach for individuals aged 18-25 who are convicted of certain felony offenses. The legislation allows courts to sentence eligible defendants to a probation program at a community-based residential workforce development center for 1-3 years instead of traditional incarceration, with the agreement of both the State's Attorney and the defendant. The program aims to support young adults through comprehensive services including workforce training, mental health counseling, educational support, and restorative justice programming. Eligible offenses include non-violent felonies, certain weapons possession charges, and other specified crimes, with exceptions for serious offenses like first-degree murder and sex offenses. Participants must follow specific probation conditions, such as avoiding criminal activity and participating in their individualized service plan. Upon successful completion of the program, participants may have their criminal conviction vacated and dismissed. The bill recognizes that young adults aged 18-25 are still developmentally malleable and may benefit more from supportive rehabilitation services than traditional incarceration. The program includes monitoring by the adult probation department, progress reports, and a focus on addressing underlying social and personal challenges that may contribute to criminal behavior, with the ultimate goal of reducing recidivism and supporting the individual's successful reintegration into the community.
Sponsors (1)
Last Action
Referred to Rules Committee (on 04/10/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=4040&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB4040.htm |
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