2023 Legislative Agenda

103rd General Assembly

Sentencing 

CREATE RETROACTIVE PAROLE OPPORTUNITIES FOR CHILDREN AND YOUNG ADULTS – SB 2073

(Sen. Seth Lewis) This bill would retroactively allow people currently incarcerated and convicted when they were under 21 to benefit from recent prospective parole laws. Public Act 102-1128 builds on the 2019 Youthful Parole Law (Public Act 100-1182), which created the first new parole opportunities in Illinois since our state abolished parole in 1978. The most recent law extends parole review to young people sentenced to natural life in prison; this ensures no children 17 and younger can receive a life without parole sentence. Retroactivity would ensure youthful parole opportunities are applied fairly and evenly and bring Illinois in line with most states that have abolished life without parole for children and young adults. LEARN MORE.

MAKE GUN ENHANCEMENTS FOR YOUNG ADULTS DISCRETIONARY – HB 1501

(Rep. La Shawn Ford) Illinois’ mandatory gun enhancements are the most severe in the country. Judges are required to add 15, 20, or 25 years to life to prison sentences of people who had firearms during the commission of certain felonies. Fifteen years are added if a firearm is possessed but not discharged, 20 are added if the gun is discharged with no injuries, and 25 years to life are added if there is a death or grievous injury. In 2015, Illinois made firearm enhancements discretionary for children younger than 18. HB 1501 would make firearm enhancements discretionary for 18, 19, and 20-year-olds. Judges could choose to apply the enhancements if appropriate. LEARN MORE.

MAKE ALL SENTENCING FOR CHILDREN AND YOUNG ADULTS DISCRETIONARY – HB 3807

(Rep. Maurice West) Mandatory minimums are a one-size-fits-all approach to sentencing that has taken away judges’ discretion and forced extreme sentencing of youth without consideration of the individual circumstances of a case. Long sentences leave people in prison years or even decades after they likely have aged out of crime. To fix this, HB 3807 would give judges the authority to decide appropriate sentences for people younger than 21 on a case-by-case basis and apply additional years to a sentence if appropriate. Judges could apply the full mandatory sentence if appropriate. LEARN MORE.

CONTINUE TO REDUCE THE SCOPE OF THE FELONY-MURDER RULE

In Illinois, a person participating in an underlying felony can be charged and convicted of first-degree murder—a conviction that carries a minimum sentence of 20 years and, under certain circumstances, a maximum sentence of natural life—even if they did not actually kill the victim or intend to commit the murder. Previously, a person could be charged with felony murder even when a third party (store owner, police officer, etc.) caused the death. That changed in 2021 with the SAFE-T Act (Public Act 101-0652). But, people can still be charged with murder when the person they are with causes the death. We want Illinois to reform felony murder, so people are not charged with a murder they did not commit.

LIMIT THE USE OF THE ACCOUNTABILITY THEORY – SB 2067/HB 2324

(Sen. Celina Villanueva/Rep. Lakesia Collins) Under Illinois’ accountability theory, it is legal for a person to be charged with and convicted of a crime they did not commit and also did not plan, agree to, or intend to commit. In fact, the person need not have been present. People charged through accountability can receive the same term of years in prison as the primaries in their case. SB 2067/HB 2324 would create an accountability offense and propose an alternative sentencing structure for people considered accessories or participants, not the primaries, in a crime. It would also limit the application of accountability by preventing a person who was not part of the original plan from being charged with the unintended crimes of another person. LEARN MORE.

Opportunities for Release

IMPLEMENT RECOMMENDATIONS OF THE RESENTENCING TASK FORCE – SB 2258/HB 3964

(Sen. Robert Peters/Rep. Kelly Cassidy) In 2023, the Illinois Resentencing Task Force recommended prospective and retroactive reform and called for a new pathway to reduce Illinois’ prison population through resentencing. This legislation incorporates the Task Force’s 16 recommendations. It would create a process for people who have served 10 years to petition the courts for another look at their sentences. LEARN MORE.

ROLLBACK “TRUTH-IN-SENTENCING” – SB 2259/HB 3901

(Sen. Robert Peters/Rep. Justin Slaughter) Illinois’ “truth-in-sentencing” law is one of the biggest drivers of our state’s over-incarceration. This law severely limits the amount of time people convicted of certain offenses can earn off their sentences. SB 2259/HB 3901 would allow people with extreme sentences to earn up to 15% off their sentences. Incentivizing people to participate in restorative programming is one of the safest ways to reduce the prison population and prepare people to return home. LEARN MORE.

AMEND POST-CONVICTION ACT FOR PEOPLE SENTENCED IN YOUTH – HB3375

(Rep. Lilian Jiménez) This would create a narrow exception to the Post-Conviction Hearing Act. The bill would eliminate the “cause” requirement for people sentenced before they turned 21 who want to file new petitions citing their youth. In 2012, the US Supreme Court created a new constitutional rule requiring states to consider youth and relevant characteristics when sentencing young people (Miller v. Alabama). In 2014, the Illinois General Assembly adopted these factors into state law with the bipartisan Public Act 99-0069. Illinois courts now must consider those factors when sentencing people 18 and younger in adult court. The Illinois Supreme Court later extended the Miller factors to 18-21-year-olds (People v. Harris). The problem is Illinois’ law makes it extremely difficult for a person to file more than one post-conviction petition, and the Illinois Supreme Court ruled that Miller isn’t a sufficient reason for a person to be able to file a second petition. HB3375 would solve that problem. LEARN MORE.

Prison Conditions

RESTRICT THE USE OF ISOLATED CONFINEMENT WITH THE NELSON MANDELA ACT – SB 2257

(Sen. Robert Peters) In Illinois, there are no limits on how long a person can be held in isolated confinement, which violates an internationally recognized standard called the Nelson Mandela Rules. With the Uptown People’s Law Center, we are working to enact restrictions. The Nelson Mandela Act, also known as the Isolated Confinement Restriction Act, would limit the use of solitary confinement in prisons, jails, and immigration facilities. LEARN MORE.

Family Rights

In 2022, the General Assembly passed Public Act 102-1082, which requires the Illinois Department of Corrections to publish an annual report on issues being raised by family members. With the annual report, legislators can identify opportunities to address significant concerns in future policymaking. In 2018, Public Act 100-0677 increased the minimum number of visits each person who is incarcerated in Illinois is allowed, ensuring up to seven visits per month. It also requires that the Illinois Department of Corrections expand the number of unique contacts each incarcerated person can have on their visiting list and that visitation lists be kept electronically. Restore Justice will focus on implementing these laws and continuing to advocate for the rights of family members visiting their incarcerated loved ones.