SB1829 99TH GENERAL ASSEMBLY

LRB099 04964 RLC 24993 b

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.

A BILL FOR

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 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;

(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 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 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 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 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.