summary
Introduced
01/07/2026
01/07/2026
In Committee
01/14/2026
01/14/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Code of Criminal Procedure of 1963. Provides that an eligible offender or an eligible offender's attorney or an attorney associate of the attorney (rather than the State's Attorney of the county in which the defendant was sentenced) may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the court has 6 months from when a petition was filed to respond to the petition. Provides that the criteria for being an "eligible offender" are that the eligible offender: (1) must have been originally sentenced to 10 or more years in the Department of Corrections by a circuit court of this State; (2) must have been convicted for a crime that is not a violent crime for which the offender is seeking resentencing; (3) must have participated in educational programs, drug programs, or received earned credit through work programs; (4) must have served a minimum of 24 months in the Department of Corrections for the conviction in which the offender is seeking resentencing; (5) must not have violated serious rules or disciplinary standards within the Department of Corrections in the last 24 months prior the filing of the petition; and (6) must have remained in the least restrictive privilege level for privileges within the Department of Corrections for incarcerated persons, one year prior to the petition.
AI Summary
This bill amends the Code of Criminal Procedure of 1963 to allow eligible offenders, their attorneys, or an attorney's associate to petition the court to resentence an offender if the original sentence no longer serves the interests of justice, shifting this power away from solely the State's Attorney. An "eligible offender" is defined as someone originally sentenced to 10 or more years in the Department of Corrections for a non-violent crime, who has participated in programs like education or drug treatment, served at least 24 months, maintained a good disciplinary record in the last two years, and has been in the least restrictive privilege level for the past year. The court is given six months to respond to such a petition, and while it can resentence the offender, the new sentence cannot exceed the original one.
Sponsors (1)
Last Action
Referred to Rules Committee (on 01/14/2026)
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
Loading...