Bill Text: IL SB2256 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-07 - Referred to Assignments [SB2256 Detail]

Download: Illinois-2025-SB2256-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2256 Introduced 2/7/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
730 ILCS 5/5-4.5-120 new
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.
LRB104 09299 RLC 22299 b
A BILL FOR
SB2256 LRB104 09299 RLC 22299 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 shall determine within 30 days if the
petitioner has sought filing in the appropriate court and has
served 10 or more years of his or her sentence. If the court
determines that either of those factors are not satisfied, it

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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 he or she wishes counsel to be
appointed to represent him or her. If appointment of counsel
is requested, the court shall appoint the Public Defender if
the court is 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 notice to the
victim or his or her family, or both, and notice to the victim
or his or her family, or both, of any restorative justice
programs or any other resources available in the State or the
local area. The State's Attorney may also include, but is not
limited to, providing a copy of the petition by certified mail
and connection to a victim advocate. The State's Attorney
shall make every effort to provide such notice and, if
unsuccessful, shall notify the chief judge of the circuit
court and the judge assigned to the sentencing review.
(4) The petitioner, if pro se, or his or her attorney may

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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 (L) 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

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with staff;
(G) hear arguments as to sentencing alternatives;
(H) afford the petitioner the opportunity to make a
statement on his or her own behalf without being subject
to cross-examination; and
(I) afford the victim or family of the victim 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,

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physical, mental, or sexual abuse, involvement in the
child welfare system, or other childhood trauma including
adverse childhood experiences (or ACEs);
(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 person 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) the involvement of the petitioner in the
community, either prior to or during the period of
incarceration;
(J) any report from a physical, mental, or psychiatric
examination of the petitioner conducted by a licensed
health professional;
(K) any changes to the law governing criminal
convictions, dispositions, or length of stay since the
time of sentencing; and
(L) any other information the court finds relevant and
reliable, including an expression of remorse, if
appropriate. However, if the person, on advice of counsel

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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. 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 such 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,

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the court shall examine the motion and enter an order on
the motion. In considering a motion under this 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 104th
General Assembly, with the opportunity to file a motion for
resentencing under this Section under the terms provided in
this Section.
(12) Notwithstanding anything else to the contrary in this
Section, nothing in this Section shall be construed to delay

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parole or mandatory supervised release consideration for
petitioners who, prior to the effective date of this
amendatory Act of the 104th General Assembly, are or will be
eligible for release earlier than this Section provides.
(13) The clerk of the court shall serve 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 on
the impact of resentencing motions on the prison population
contingent on having sufficient reliable data to support the
analysis. The report shall be due 3 years after the effective
date of this amendatory Act of the 104th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.