SB 2258/HB 3964: Resentencing for All

Sponsors

Senator Robert Peters/Representative Kelly Cassidy

The bipartisan Illinois Resentencing Task Force, a legislative task force staffed by the Sentencing Policy Advisory Council, recommends retroactive sentencing reform to address inequities and allow people serving long sentences to petition for a sentence review. 

Retroactive resentencing means incarcerated people who currently have no meaningful way to earn early release would have the opportunity to petition for another look at their sentences.

SB 2258/HB 3964 would create a process for a person to petition the court for a review of their sentence after serving 10 years. It would be applied prospectively and retroactively.

• A judge would determine if the person is eligible for a sentence review, and would appoint counsel if needed. 
• The state’s attorney would notify the victims, including notice of available restorative justice programs and the opportunity to testify during the hearing.
• At the sentencing hearing, the court would consider mitigating factors.
• The Sentencing Policy Advisory Council would receive copies of the petitions and final orders to report on the impact of resentencing motions.

Bill Status

The bill was introduced in the Senate on February 10, 2023 and in the House on February 17, 2023.