Criminal Justice (Sentencing)

Creates the Emerging Adult Criminal Justice Task Force Act. Establishes the Emerging Adult Criminal Justice Task Force within the Illinois Criminal Justice Information Authority. Provides that the Task Force shall hold public meetings. Requires at least 3 meetings of the Task Force to be held in different regions of Illinois. Provides that the first meeting of the Task Force shall be held within 60 days after the appointment of its members. Provides that the Task Force shall review Illinois law and practices affecting emerging adults across pretrial, sentencing, corrections, supervision, and reentry. Provides that the Task Force shall develop recommendations for statutory, policy, and programmatic improvements to the Illinois criminal justice system. Allows any Task Force member to prepare a written dissent or statement of concern regarding any finding or recommendation. Provides that the Task Force shall submit an interim report summarizing preliminary findings, analyses, and recommendations, to the Governor and the General Assembly, no later than January 31, 2027. Provides that the Task Force shall submit a final report, including all final findings and recommendations, draft statutory language, and estimated fiscal impacts, no later than December 1, 2027. Repeals the Act on June 30, 2028. Effective immediately.

Amends the Juvenile Court Act of 1987. Provides that either the court or the State's Attorney, or both, (rather than the State's Attorney) or an entity designated by the State's Attorney, may establish community mediation programs designed to provide citizen participation in addressing juvenile delinquency. Provides that prior to entering a sentence, the court shall require the parties involved to consider participation in a restorative practice, such as a conference or circle as defined in the Code of Civil Procedure, to identify and repair harm to the extent possible, address trauma, reduce the likelihood of further harm, and strengthen community ties by focusing on the needs and obligations of all parties involved through a participatory process. Provides that participation in the process shall be voluntary by all parties, and any resulting agreement shall contain only reasonable and proportionate obligations. Provides that the agreement shall be recommended to the court as an alternative to sentencing.

Amends the Unified Code of Corrections. Provides that the conditions of Second Chance Probation that the defendant: (1) make full restitution to the victim or property owner; (2) obtain or attempt to obtain employment; (3) pay fines and costs; (4) attend educational courses designed to prepare the defendant for obtaining a high school diploma or to work toward passing high school equivalency testing or to work toward completing a vocational training program; and (5) perform community service are discretionary conditions of the probation (rather than mandatory conditions). Eliminates the provision that the defendant submit to periodic drug testing at a time and in a manner as ordered by the court, but no less than 3 times during the period of probation, with the cost of the testing to be paid by the defendant. Provides that the determination of the length of the First Time Weapon Offense Program, as determined by the court, shall be at the recommendation of the Program administrator and with the input from the State's Attorney and defense counsel (rather than determined by the court at the recommendation of the Program administrator and State's Attorney). Deletes provisions that the State's Attorney must consent to the defendant's sentencing to Second Chance Probation or to the First Time Weapon Offense Program.

Amends the Juvenile Court Act of 1987. Provides that either the court or the State's Attorney, or both, (rather than the State's Attorney) or an entity designated by the State's Attorney, may establish community mediation programs designed to provide citizen participation in addressing juvenile delinquency. Provides that prior to entering a sentence, the court shall require the parties involved to consider participation in a restorative practice, such as a conference or circle as defined in the Code of Civil Procedure, to identify and repair harm to the extent possible, address trauma, reduce the likelihood of further harm, and strengthen community ties by focusing on the needs and obligations of all parties involved through a participatory process. Provides that participation in the process shall be voluntary by all parties, and any resulting agreement shall contain only reasonable and proportionate obligations. Provides that the agreement shall be recommended to the court as an alternative to sentencing.

Amends the Code of Criminal Procedure of 1963. Provides that an eligible offender or an eligible offender's attorney or an attorney associate of the attorney (rather than the State's Attorney of the county in which the defendant was sentenced) may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. Provides that the court has 6 months from when a petition was filed to respond to the petition. Provides that the criteria for being an "eligible offender" are that the eligible offender: (1) must have been originally sentenced to 10 or more years in the Department of Corrections by a circuit court of this State; (2) must have been convicted for a crime that is not a violent crime for which the offender is seeking resentencing; (3) must have participated in educational programs, drug programs, or received earned credit through work programs; (4) must have served a minimum of 24 months in the Department of Corrections for the conviction in which the offender is seeking resentencing; (5) must not have violated serious rules or disciplinary standards within the Department of Corrections in the last 24 months prior the filing of the petition; and (6) must have remained in the least restrictive privilege level for privileges within the Department of Corrections for incarcerated persons, one year prior to the petition.

Creates the Emerging Adult Sentencing Act. Provides that upon a conviction by way of plea or otherwise finding of guilt, and with the express agreement of the State's Attorney and the defendant, the court may sentence a defendant who meets the eligibility requirements under the Act to a term of probation to be performed at a community-based residential workforce development center for a period of not less than one year and not more than 3 years in lieu of incarceration in the Illinois Department of Corrections. Provides that the defendant shall be monitored by the adult probation department. Provides that the defendant shall: (1) not violate any criminal statute of the State or any other jurisdiction; (2) refrain from possessing a firearm or any other dangerous weapon; and (3) attend and participate in any program activities as detailed in the individualized service plan. Provides that a defendant is eligible for the program if the defendant is between the ages of 18 through 25, at the time of the commission of the offense, and is convicted of specified felony offenses in which a period of incarceration must be imposed, other than a sentence of natural life. Provides that prior criminal history shall not preclude eligibility for sentencing under the Act. Provides that upon successful fulfillment of the terms and conditions of probation, the court shall discharge the defendant from probation. Provides that if the defendant has not previously been granted a vacation of judgment, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her unless, having considered the nature and circumstances of the offense and the history, character, and condition of the individual, the court finds that the motion should not be granted. Effective immediately.

Amends the Unified Code of Corrections. Provides that notwithstanding any prior exclusion, any person incarcerated under an indeterminate sentence on the effective date of the amendatory Act whose minimum term was 20 years or more as of February 1, 1978, may elect to be resentenced under the 1978 determinate sentencing law. Provides that the election must be made in writing to the Department of Corrections, which shall inform all eligible persons within 60 days after the effective date of the amendatory Act. Provides that the Department of Corrections shall provide all necessary forms and assistance to eligible persons. Provides that upon election, the person's indeterminate sentence shall be converted to a determinate sentence consistent with the 1978 sentencing structure and the offense for which the person was convicted. Provides that time served shall be applied retroactively, and the person shall be credited with all sentence credits and earned time applicable under the law in effect since the date of original commitment. Provides that any person whose recalculated determinate sentence has been fully served shall be immediately released to a mandatory supervised release term under the terms applicable to the offense class and sentence length at the time of original sentencing. Provides that the Prisoner Review Board shall schedule hearings for eligible persons who elect the option within 180 days after receiving their request. Provides that thereafter, continued review shall occur no less frequently than every 12 months, unless earlier action is deemed by the Board to be appropriate. Provides that nothing in the provision shall be construed to require parole or mandatory supervised release for any person who does not elect the option, or who is otherwise ineligible. Effective immediately.

Amends the Unified Code of Corrections. Provides that a person under 21 years of age at the time of the commission of an offense or offenses, other than first degree murder, shall be eligible for sentencing review after serving 10 years or more of his or her sentence or cumulative sentences. Provides that a person under 21 years of age at the time of the commission of first degree murder shall be eligible for sentencing review after serving 20 years or more of his or her sentence or cumulative sentences, except for those subject to a term of natural life imprisonment under the Code or any person subject to sentencing for first degree murder for killing certain victims committed when the person was under 18 years of age, who shall be eligible for sentencing review after serving 30 years or more of his or her sentence or cumulative sentences. 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.

Amends the Unified Code of Corrections. Provides that notwithstanding any prior exclusion, any person incarcerated under an indeterminate sentence on the effective date of the amendatory Act whose minimum term was 20 years or more as of February 1, 1978, may elect to be resentenced under the 1978 determinate sentencing law. Provides that the election must be made in writing to the Department of Corrections, which shall inform all eligible persons within 60 days after the effective date of the amendatory Act. Provides that the Department of Corrections shall provide all necessary forms and assistance to eligible persons. Provides that upon election, the person's indeterminate sentence shall be converted to a determinate sentence consistent with the 1978 sentencing structure and the offense for which the person was convicted. Provides that time served shall be applied retroactively, and the person shall be credited with all sentence credits and earned time applicable under the law in effect since the date of original commitment. Provides that any person whose recalculated determinate sentence has been fully served shall be immediately released to a mandatory supervised release term under the terms applicable to the offense class and sentence length at the time of original sentencing. Provides that the Prisoner Review Board shall schedule hearings for eligible persons who elect the option within 180 days after receiving their request. Provides that thereafter, continued review shall occur no less frequently than every 12 months, unless earlier action is deemed by the Board to be appropriate. Provides that nothing in the provision shall be construed to require parole or mandatory supervised release for any person who does not elect the option, or who is otherwise ineligible. Effective immediately.

Amends the Unified Code of Corrections. Provides that notwithstanding anything to the contrary in specified provisions of law, a person serving a term of imprisonment, including terms of natural life, in a Department of Corrections institution or facility is eligible for earned reentry. Provides that for the first year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 35 consecutive years. Provides that for the second year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 25 consecutive years. Provides that for the third year following the effective date of the amendatory Act and each year thereafter, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 20 consecutive years. Provides that hearings for earned reentry shall be administered by the Prisoner Review Board. Establishes procedures for the hearing. Removes provision that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Provides that if any incarcerated person is released on earned reentry, his or her sentence shall be considered complete after the term of mandatory supervised release. Applies retroactively. Provides that nothing in the provision shall be construed to delay parole or mandatory supervised release consideration for petitioners who are or will be eligible for release earlier than the provision provides. Provides that nothing in the provision shall be construed as a limit, substitution, or bar on a person's right to sentencing relief, or any other manner of relief, obtained by order of a court in proceedings other than as provided in the provision. Contains a severability provision. Defines "earned reentry". Effective January 1, 2026.