By The Illinois Resentencing Task Force

The RTF met for eleven months and adopted sixteen recommendations for resentencing in Illinois. The recommendations were adopted by a majority vote. Each member brought to the table their expertise and professional experience, as well as their sense of justice. SPAC presented a basic analysis of the prison population as of June 30, 2021. The analysis established that people serving long sentences for serious offenses now make up a larger proportion of the population than at any time in the past. Reducing the prison population could not be accomplished without including them in the resentencing process. Each recommendation below is addressed individually in this report and is followed by a brief rationale. 1. The Task Force recommends the Illinois General Assembly pass legislation to create prospective and retroactive resentencing opportunities. The General Assembly has the authority to create new pathways to judicial review long after a final result is reached. A resentencing system that allows both prospective and retroactive application will have the greatest impact on the prison population and address the disparate impact of mass incarceration. The legislative intent for the resentencing law to be applied prospectively and retroactively should be clearly stated. 2. The General Assembly shall recommend parties who may initiate a petition for resentencing including but not limited to the prosecuting attorney, the incarcerated individual, or defense counsel. The RTF was directed to study potential pathways for people to file petitions. The RTF concluded that several stakeholders, including the person who is incarcerated, state’s attorney, and defense counsel, should be allowed to file a resentencing petition. 3. The General Assembly should establish eligibility criteria for sentence modification, including but not limited to: (1) The petitioner is serving a sentence for any criminal offense for which the statutory penalty has been subsequently reduced or altered; or (2) The petitioner makes a showing that their sentence no longer advances the interest of justice or the promotion of public safety. The legislature should establish the specific criteria for a sentence modification petition. Eligibility should include but not be limited to retroactive statutory changes, fairness concerns to reflect changes in policy or scientific knowledge, and extreme sentences that do not reflect the interests of justice. 4. The General Assembly shall determine a process by which individuals eligible under #3, including those serving extreme sentences, can petition the court for a resentencing. People who are serving long sentences for serious crimes should be eligible for resentencing. Age is the strongest predictor of the likelihood of reoffending, thus the term “aging out” of crime. People who committed serious crimes decades ago are not at high risk of doing so again and are less likely to recidivate at all. The legislature should create the process for resentencing petitions to be filed in court. 5. Resentencing petitions shall be dismissed if they do not meet the eligibility criteria; such dismissal shall be a final, appealable order. The court shall set forth, either in open court or in writing, the reasons for its decision. Allowing the eligibility determination to be appealed mirrors the procedures available under the Post-Conviction Hearing Act. Appellate review guards against inconsistent approaches among various jurisdictions as well as arbitrary or capricious dismissals based on meeting the eligibility criteria. 6. Any procedure adopted by the General Assembly shall provide adequate notice requirements. The Department of Corrections shall provide notice and adequate materials to inform individuals who are incarcerated of their rights. IDOC should provide general notification to people who are incarcerated of their rights to file a resentencing petition, including information on the process and how to initiate a petition. 7. All statutory and constitutional rights of victims, including but not limited to the right to notice and to be heard, shall apply to the entire resentencing procedure. The victim shall be notified of any restorative justice programs available at the time the petition is filed. The interests and rights of victims should be represented during the resentencing process. Restorative justice programs aim to engage all parties and stakeholders in repairing harm and conflict. Victims should have the option to participate in restorative justice programs if they are available. 8. A petitioner who is unable to afford counsel is entitled to have counsel appointed, at no cost to the defendant, to represent the defendant for the resentencing petition and proceedings. Requiring counsel for individuals who submit a resentencing petition should ensure full and fair consideration of the case. It also contributes to a record for the appellate court that supports meaningful review.  etc.
Chicago: The Task Force, 2022. 36p.