HB 3587

Abstract

Amends the Code of Criminal Procedure of 1963. Provides that at any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney 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 sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice. Provides that, upon receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence. Provides that the court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Provides that credit shall be given for time served; that victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act; and that resentencing shall not reopen the defendant's conviction to challenges that would otherwise be barred. Provides that nothing in the new provisions shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon. House Floor Amendment No. 1 Deletes reference to: 725 ILCS 5/123 new Adds reference to: New Act Replaces everything after the enacting clause. Creates the Resentencing Task Force Act. Provides that the task force shall study innovative ways to reduce the prison population in Illinois from initiations of resentencing motions filed by State's Attorneys, the Illinois Department of Corrections and the judicial branch. Provides that the task force further aims to acknowledge that employees who work for the Illinois Department of Corrections and other members of law enforcement may be affected by the reduction of the prison population. Provides that the task force shall consider ways to train and refocus the workforce in communities where many jobs are with the Illinois Department of Corrections and law enforcement. Provides that the task force shall consist of specific members. Provides that the task force shall meet no less than 4 times and shall provide recommendations for legislation to the General Assembly and the Governor's Office on or before January 1, 2022. Provides that the members of the task force shall serve without compensation. Provides that the Illinois Criminal Justice Information Authority shall provide administrative and technical support for the task force and are responsible for appointing a chairperson and ensuring the requirements of the task force are met. Contains a findings provision. Effective immediately. Senate Floor Amendment No. 5 Replaces everything after the enacting clause. Reinserts the provisions of the bill as engrossed, with the following changes: Provides that the task force shall study innovative ways to reduce the prison population in Illinois from initiations of resentencing motions filed by incarcerated individuals, in addition to State's Attorneys, the Illinois Department of Corrections, and the judicial branch. Removes language concerning refocusing the workforce in communities where many jobs are with law enforcement and the Illinois Department of Corrections. Provides that the Illinois Sentencing Policy Advisory Council (rather than the Illinois Criminal Justice Information Authority) shall provide support to the task force. Provides that the task force shall provide specified recommendations before July 1, 2022 (rather than January 1, 2022). Removes a task force member representing the interests of members of a labor union. Provides for an additional task force member who shall be a member of law enforcement appointed by an association representing law enforcement. Provides for an additional task force member representing the private criminal defense bar. Provides for an additional task force member appointed by the Public Defender's Association. Provides for 3 task force members who are retired judges (rather than one). Provides for an additional task force member appointed by the Department of Corrections.