Bill Text: IL SB1829 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that a person who was under 18 years of age at the time of an offense, may, after serving 15 years of his or her sentence of either a term of natural life imprisonment or a term or cumulative term of 40 years or more of imprisonment, submit a petition for sentencing review in the circuit court of the county in which he or she was originally sentenced. Establishes procedures for sentencing review. Provides that following the sentencing review hearing, the court may affirm or reduce the petitioner's sentence. Provides that any offender who has petitioned the circuit court for sentencing review shall not be eligible to submit a second petition until at least 10 years have elapsed since the date on which the circuit court ruled upon the initial petition. Provides that the circuit court shall have discretion at the time of making its ruling to extend the period for filing the second petition up to an additional 10 years if the circuit court finds there to be no reasonable likelihood that the interests of justice will require another petition for sentencing review within 10 years.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2015-04-24 - Rule 3-9(a) / Re-referred to Assignments [SB1829 Detail]

Download: Illinois-2015-SB1829-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB1829 Introduced 2/20/2015, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-4.5-110 new
Amends the Unified Code of Corrections. Provides that a person who was under 18 years of age at the time of an offense, may, after serving 15 years of his or her sentence of either a term of natural life imprisonment or a term or cumulative term of 40 years or more of imprisonment, submit a petition for sentencing review in the circuit court of the county in which he or she was originally sentenced. Establishes procedures for sentencing review. Provides that following the sentencing review hearing, the court may affirm or reduce the petitioner's sentence. Provides that any offender who has petitioned the circuit court for sentencing review shall not be eligible to submit a second petition until at least 10 years have elapsed since the date on which the circuit court ruled upon the initial petition. Provides that the circuit court shall have discretion at the time of making its ruling to extend the period for filing the second petition up to an additional 10 years if the circuit court finds there to be no reasonable likelihood that the interests of justice will require another petition for sentencing review within 10 years.
LRB099 04964 RLC 24993 b
A BILL FOR
SB1829 LRB099 04964 RLC 24993 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unified Code of Corrections is amended by
adding Section 5-4.5-110 as follows:
(730 ILCS 5/5-4.5-110 new)
Sec. 5-4.5-110. SENTENCING REVIEW OF PERSONS UNDER THE AGE
OF 18 AT THE TIME OF THE COMMISSION OF AN OFFENSE. Any person
who was under 18 years of age at the time of the commission of
an offense may, after serving 15 years or more of his or her
sentence of either a term of natural life imprisonment or a
term or cumulative term of 40 years or more of imprisonment,
submit a petition for sentencing review in the circuit court of
the county in which he or she was originally sentenced. The
procedure for sentencing review shall occur in the following
manner:
(1) The chief judge of the criminal division of the
circuit located in a county of 2,000,000 or more
inhabitants, or in counties under 2,000,000 inhabitants,
the chief judge of the circuit or a judge assigned by the
chief judge, in which the petition is filed, shall assign
the petition to any judge.
(2) Upon receipt of the petition and assignment to a

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judge, the judge shall docket the petition. If the
petitioner is without counsel and alleges in the petition
for sentencing review that he or she is without means to
procure counsel, he or she shall state whether or not he or
she wishes counsel to be appointed to represent him or her.
If appointment of counsel is requested, the court shall
appoint counsel if satisfied that the petitioner has no
means to procure counsel. The clerk of the circuit court
shall serve a copy of the petition to the State's Attorney
of that county or his or her representative.
(3) Upon receipt of the petition for sentencing review,
the State's Attorney's Office shall provide the victim or
the victim's family, or both, with a copy of the petition.
(4) The petitioner, if pro se, or his or her attorney
may amend the petition for sentencing review.
(5) The State's Attorney must be afforded an
opportunity to respond to the petition and the court shall
provide the petitioner with the opportunity to reply.
(6) Within 90 days after the filing of the petition for
sentencing review, the court shall set the matter for a
hearing. This date may be extended by motion of either
party and at the court's discretion for good cause shown.
(7) At the sentencing review hearing, the court shall:
(A) consider in mitigation the factors listed in
subparagraphs (A) through (I) of paragraph (8) of this
Section;

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(B) consider the evidence, if any, received upon
the trial;
(C) consider any presentence reports;
(D) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(E) consider any additional evidence and
information offered by the parties in aggravation and
mitigation, including, but not limited to, scientific
evidence of recidivism;
(F) consider the person's overall record of
behavior while incarcerated, including disciplinary
history, participation in educational and vocational
programs available to the petitioner, including but
not limited to restorative justice programs, and
extent of cooperation with staff;
(G) consider the petitioner's acceptance of
responsibility for the offense or expressions of
remorse, or both. However, nothing in this
subparagraph (6) shall be construed against a
petitioner who avers a good faith claim of innocence;
(H) hear arguments as to sentencing alternatives;
(I) afford the petitioner the opportunity to make a
statement in his or her own behalf; and
(J) afford the victim or families of victims of the
offense or both, for which the petitioner was

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originally sentenced an opportunity to provide a
victim impact statement to the court. The court shall
permit those statements and may consider the live
testimony of a victim or a victim representative at its
discretion.
(8) Following the hearing, the court may affirm or
reduce the petitioner's sentence, taking into
consideration the following factors:
(A) the person's age, impetuosity, and level of
maturity at the time of the offense, including the
ability to consider risks and consequences of
behavior, and the presence of cognitive or
developmental disability, if any;
(B) whether the person was subjected to outside
pressure, including peer pressure, familial pressure,
or negative influences;
(C) the person's family, home environment,
educational and social background, including any
history of parental neglect, physical abuse, or other
childhood trauma;
(D) the person's potential for rehabilitation;
(E) the circumstances of the offense;
(F) the person's degree of participation and
specific role in the offense, including the level of
planning by the defendant before the offense;
(G) whether the person was able to meaningfully

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participate in his or her defense;
(H) the person's prior juvenile or criminal
history; and
(I) any other information the court finds relevant
and reliable, including an expression of remorse, if
appropriate. However, if the person, on advice of
counsel chooses not to make a statement, the court
shall not consider a lack of an expression of remorse
as an aggravating factor.
The order following a sentencing review hearing is a
final judgment.
(9) Notwithstanding any provision of this Section to
the contrary, any offender who has petitioned the circuit
court for sentencing review under this Section shall not be
eligible to submit a second petition until at least 10
years have elapsed since the date on which the circuit
court ruled upon the initial petition. The circuit court
may at the time of its ruling under paragraph (8) extend
the period for filing the second petition up to an
additional 10 years if the court finds there to be no
reasonable likelihood that the interests of justice will
require another petition for sentencing review within 10
years. In considering the second petition, the court shall
follow the procedure under paragraphs (2) through (7) of
this Section. Following a hearing on the second petition
under this paragraph (9), the court may affirm or reduce

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the petitioner's sentence. The order following a hearing
under this paragraph is a final judgment.
(10) The petitioner may file a motion seeking leave for
sentencing review when 10 years have elapsed since the date
on which the circuit court ruled on a petition filed under
paragraph (9) of this Section. The motion must clearly set
forth the need for sentencing review, including the efforts
the petitioner has made towards rehabilitation and his or
her demonstrated maturity.
(A) Within 90 days after the filing of this motion,
the court shall examine the motion and enter an order
on the motion. In considering a motion under this
paragraph (10), the court may examine the court file of
the proceeding in which the petitioner was convicted,
any action taken by an appellate court regarding that
proceeding, any transcripts of that proceeding, and
any transcript or court documents from previous
proceedings under this Section. If the court
determines the motion is frivolous or is patently
without merit, it shall deny the motion in a written
order, specifying the underlying basis for its
decision that continued incarceration is appropriate
and necessary. The order is a final judgment and shall
be served upon the petitioner by certified mail within
10 days of its entry.
(B) If the motion is not dismissed under

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subparagraph (A), the court shall order the motion for
sentencing review to be docketed for further
consideration in accordance with the procedure stated
in paragraphs (2) through (7) of this Section.
(11) This Section shall apply retroactively to provide
any person incarcerated for an offense committed when he or
she was under the age of 18 years and serving a term of
natural life imprisonment or a term or cumulative term of
40 years or more of imprisonment and was committed before
the effective date of this amendatory Act of the 99th
General Assembly with the opportunity to file a petition or
motion for resentencing under this Section under the terms
provided in this Section.
(12) Notwithstanding anything to the contrary in this
Section, nothing in this Section shall be construed to
delay parole or mandatory supervised release consideration
for petitioners who, prior to the effective date of this
amendatory Act of the 99th General Assembly, are or will be
eligible for release earlier than this Section provides.