Bill
HB 3332
Allows review of long sentences for those under 21 at offense, enabling possible sentence reductions based on youth development and rehabilitation.
Status & Sponsors
- Primary sponsor: Rep. Theresa Mah. Multiple cosponsors including Kelly M. Cassidy, Justin Slaughter, Lilian Jiménez, Rita Mayfield, and others.
- House actions: Introduced Feb 25, 2025; passed the House (read 3rd time) on May 13, 2025; received by the Senate on May 14, 2025.
- Effective date: The bill states it is effective immediately if enacted.
Purpose
- Establishes a statutory process in the Unified Code of Corrections for judicial sentencing review of persons who were under age 21 at the time they committed an offense, recognizing youth-related developmental factors and allowing courts to reconsider long-term sentences.
Who is eligible
- Persons who were under 21 at the time of the offense (other than first degree murder): eligible for sentencing review after serving at least 10 years (aggregate) of their sentence(s).
- Persons who were under 21 at the time of first degree murder: eligible after serving at least 20 years (aggregate), with two exceptions:
- Those sentenced to natural life under Section 5‑8‑1 (natural life imprisonment) are excluded; and
- For certain first-degree murders committed when the offender was under 18 and involving certain victims, eligibility is delayed until the offender has served at least 30 years (text refers to “certain victims” as specified in the Code).
Key procedural provisions
- Filing: Petition for sentencing review is filed in the circuit court where the sentence was imposed. The chief judge assigns a judge to the matter.
- Initial screening: Court must confirm the petitioner’s eligibility (age at offense and required time served); if not met, the petition is dismissed and the petitioner is notified by certified mail within 10 days.
- Counsel: Petitioners must state if they want appointed counsel; if indigent, the court may appoint the public defender.
- Notice to victims: The State's Attorney must make every effort to notify victims or their families and provide information about restorative justice resources and advocates.
- Timing: Court must set a sentencing review hearing within 90 days of filing (extendable for good cause).
- Participation: Petitioner (or counsel) and the State may present evidence and responses; petitioner may amend pleadings and make an unsworn statement without cross‑examination. Victims may make oral or written statements; these become part of the record and are not subject to cross‑examination.
Substantive standards and remedies
- At hearing, the court considers prior trial/plea evidence, presentence reports, DOC financial impact statements, institutional record (education, disciplinary, program participation), scientific evidence (e.g., recidivism risk), and arguments on alternatives to incarceration.
- The court must consider mitigating youth-related factors (age at offense, maturity, impulsivity, peer/familial pressure, childhood trauma/ACEs, level of participation in the offense, ability to participate in defense, rehab and current maturity, mental/psychiatric evaluations, changes in law since sentencing, and other relevant information).
- The court may affirm or reduce the sentence and is authorized to depart downward from mandatory minimums or mandatory sentencing enhancements.
Reporting requirement
- The Illinois Sentencing Policy Advisory Council (SPAC) must report on the impact of resentencing motions on the prison population, contingent on sufficient reliable data; the report is due 3 years after the Act’s effective date.
Potential impact
- Creates a pathway for long‑incarcerated people who were young at offense to seek resentencing reductions based on developmental science, rehabilitation, and changed circumstances.
- Could lead to sentence reductions and affect prison population and parole planning; also increases workload for courts, public defenders, State's Attorneys, victim services, and prison recordkeeping.
- The SPAC report is intended to quantify population effects within 3 years, if data allow.
Compiled from official sources — confirm details with the bill’s official record.
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