Bill Text: IL HB3964 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Unified Code of Corrections. Provides that a 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. Provides at the sentencing review hearing the court shall consider various mitigating factors. Provides that following the hearing, the court may affirm or reduce the petitioner's sentence and may depart downward from any mandatory minimum or mandatory sentence enhancement, taking into consideration certain factors. Provides that these provisions shall operate retroactively to provide any person incarcerated for a crime or crimes committed, before the effective date of the amendatory Act, with the opportunity to file a motion for resentencing under these provisions under the terms provided in these provisions. Provides that notwithstanding any other provision to the contrary, nothing in these provisions shall be construed to delay parole or mandatory supervised release consideration for petitioners who, prior to the effective date of the amendatory Act, are or will be eligible for release earlier than provided for in these provisions. Provides that the clerk of the court shall transmit copies of the petitions, any amendments to the petition, and the final orders to the Illinois Sentencing Policy Advisory Council. Provides that the Illinois Sentencing Policy Advisory Council shall report to the Governor and the General Assembly 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 filed no later than 3 years after the effective date of the amendatory Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB3964 Detail]

Download: Illinois-2023-HB3964-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3964 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-4.5-120 new
Amends the Unified Code of Corrections. Provides that a 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. Provides at the sentencing review hearing the court shall consider various mitigating factors. Provides that following the hearing, the court may affirm or reduce the petitioner's sentence and may depart downward from any mandatory minimum or mandatory sentence enhancement, taking into consideration certain factors. Provides that these provisions shall operate retroactively to provide any person incarcerated for a crime or crimes committed, before the effective date of the amendatory Act, with the opportunity to file a motion for resentencing under these provisions under the terms provided in these provisions. Provides that notwithstanding any other provision to the contrary, nothing in these provisions shall be construed to delay parole or mandatory supervised release consideration for petitioners who, prior to the effective date of the amendatory Act, are or will be eligible for release earlier than provided for in these provisions. Provides that the clerk of the court shall transmit copies of the petitions, any amendments to the petition, and the final orders to the Illinois Sentencing Policy Advisory Council. Provides that the Illinois Sentencing Policy Advisory Council shall report to the Governor and the General Assembly 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 filed no later than 3 years after the effective date of the amendatory Act.
LRB103 28832 RLC 55217 b
A BILL FOR
HB3964 LRB103 28832 RLC 55217 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 5-4.5-120 as follows:
(730 ILCS 5/5-4.5-120 new)
Sec. 5-4.5-120. Sentencing review of incarcerated
individuals. 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. 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 matter to any judge.
(2) Upon receipt of the petition and assignment to a
judge, the judge has 30 days to determine if the
petitioner has sought filing in the appropriate court and
has served 10 or more years of his or her sentence. If the

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court determines that either of those factors are not
satisfied, it shall dismiss the petition and notify the
petitioner of the reason for the dismissal. This
notification shall be served upon the petitioner by
certified mail within 10 days of its entry. If the court
determines the petition was appropriately filed, it 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 his or her family, or both, with a copy of the
petition, and notice of any restorative justice programs
available.
(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.

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(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
paragraphs (A) through (K) of paragraph (8) of this
Section;
(B) consider the evidence, if any, received at
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) hear arguments as to sentencing alternatives;
(H) afford the petitioner the opportunity to make

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a statement on his or her behalf without being subject
to cross-examination;
(I) afford the victim or families of victims of
the crime, or both, for which the petitioner was
originally sentenced an opportunity to provide a
victim impact statement to the court. The court shall
permit those statements and consider the live
testimony of a victim or a victim representative.
(8) Following the hearing, the court may affirm or
reduce the petitioner's sentence and shall be authorized
to depart downward from any mandatory minimum or mandatory
sentence enhancement, taking into consideration the
following factors:
(A) the petitioner's current age, as well as the
petitioner'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 petitioner was subjected to
outside pressure, including peer pressure, familial
pressure, or negative influences;
(C) the petitioner's family and community
circumstances, home environment, educational and
social background, including any history of parental
neglect, physical, mental, or sexual abuse,

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involvement in the child welfare system, or other
childhood trauma;
(D) the nature and circumstances of the offense;
(E) the petitioner's degree of participation and
specific role in the offense, including the level of
planning by the defendant before the offense;
(F) whether the petitioner was able to
meaningfully participate in his or her defense;
(G) the petitioner's prior juvenile or criminal
history;
(H) the history and characteristics of the
petitioner at the time of the petition, including
rehabilitation and maturity demonstrated by the
petitioner;
(I) any report from a physical, mental, or
psychiatric examination of the petitioner conducted by
a licensed health professional;
(J) any changes to the law governing criminal
convictions, dispositions, or length of stay since the
time of sentencing; and
(K) any other information the court finds relevant
and reliable, including an expression of remorse, if
appropriate. However, if the petitioner, 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.

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The order following a sentencing review hearing is a
final judgment. Any final judgment entered upon the
petition shall be reviewed in a manner pursuant to the
rules of the Supreme Court.
(9) Notwithstanding any provision of this Section to
the contrary, any offender who has petitioned the circuit
court for sentencing review pursuant to this Section shall
not be eligible to submit a second petition until at least
5 years have elapsed since the date on which the circuit
court ruled upon the initial petition. In considering the
second petition, the court shall follow the procedure
stated in paragraphs (2) through (8) of this Section.
Following a hearing on the second petition pursuant to
this paragraph (9), the court may affirm or reduce the
petitioner's sentence. The order following a hearing
pursuant to this paragraph is a final judgment.
(10) The petitioner may file a motion seeking leave
for sentencing review when 5 years have elapsed since the
date on which the circuit court ruled on a petition filed
pursuant to 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 thereon. In considering a motion under this

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paragraph, the court may examine the court file of the
proceeding in which the petitioner was convicted, any
action taken by an appellate court in 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 petition is not dismissed under
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 (8) of this Section.
(11) This Section shall operate retroactively to
provide any person incarcerated for a crime or crimes
committed, before the effective date of this amendatory
Act of the 103rd General Assembly, with the opportunity to
file a motion for resentencing under this Section under
the terms provided in this Section.
(12) Notwithstanding any other provision of this
Section to the contrary, nothing in this Section shall be

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construed to delay parole or mandatory supervised release
consideration for petitioners who, prior to the effective
date of this amendatory Act of the 103rd General Assembly,
are or will be eligible for release earlier than this
Section provides.
(13) The clerk of the court shall transmit copies of
the petitions, any amendments to the petition, and the
final orders to the Illinois Sentencing Policy Advisory
Council. The Illinois Sentencing Policy Advisory Council
shall report to the Governor and the General Assembly on
the impact of resentencing motions on the prison
population contingent on having sufficient reliable data
to support the analysis. The report shall be filed no
later than 3 years after the effective date of this
amendatory Act of the 103rd General Assembly.