My mother and sister continued to show me love, and that helped change me, he said. The judge interrupted her, asking whether SB2129 is even constitutional, given the governors prerogative to grant clemency. Disclaimer, 730 ILCS 5/5-8-1(a)(1)(c)(iii), (v), (vi), Williams, 2013 IL App (4th) 120313 (June), Johnson, 2015 IL App (3d) 140364 (December), Class 2+ Felony Sex or Gun Offense (if Class 2 + within 10 yrs), Delivery CS (Near School, Church, Park, or Truck Stop), Firearm Possession by Gang Member (loaded gun), Aggravated Criminal Sexual Abuse Family Factors, Aggravated DUI Death (no extraordinary circum), 2nd DWLR for Reckless Homicide (class 2 Felony), 3rd DWLR for Reckless Homicide (class 1 Felony), 4th+ DWLR for Reckless Homicide (class 1 Felony), 10th-14th DWLR Alcohol Based (class 3 Felony), 15th+ DWLR Alcohol Based (class 2 Felony), Selling Counterfeit Items (2K + or $500K +), Predatory With Great Bodily Harm (50-Life), Criminal Sexual Assault (Use of Force or Not Understand) & Prior CSA (30-60), Hindering Prosecution of Terrorism (20-Life), Solicitation of Murder Victim Under 17 (20-60), Solicitation of Murder for Hire Victim Under 17 (25-60), Attempt 1st Murder of Cop, Jail Guard, EMT (20-80), Aggravated Vehicular Hijacking Dangerous Weapon (7-30), Aggravated Battery Great Bodily Harm Caustic Substance (6-45), Aggravated Battery Gun With Silencer (12-45), Aggravated Battery With Firearm to Cop, EMT, or Teacher (15-60), Aggravated Battery to Cop, EMT or Teacher With Machine Gun or Gun With Silencer (20-60), Aggravated Discharge of Firearm Cop, EMT, EMW, or Teacher (10-45), Aggravated Discharge Gun With Silencer or Machine Gun at Cop, EMT or EMW (12-50), Unlawful Sale of 11 to 20 Guns Concealable Gun to Minor Within 3 Yrs (6-40), Unlawful Sale of 21 to 30 Guns Concealable Gun to Minor Within 4 Yrs (6-50), Unlawful Sale of 31 or more Guns Concealable Gun to Minor Within 5 Yrs (6-60), Unlawful Purchase of 6 Guns or More Within 2 Yrs (9-40), Aggravated Possession of 11 to 20 Stolen Guns Within 3 Yrs (6-40), Aggravated Possession of 21 to 30 Stolen Guns Within 4 Yrs (6-50), Aggravated Possession of 30 or more Guns Within 5 Yrs (6-60), Armed Violence Category I (concealable gun) Weapon (15-30), Armed Violence Category II (rifle) (10-30), Armed Violence Personally Discharging Gun (20-30), Armed Violence Personally Discharging Gun Great Bodily Harm (25-40), Armed Violence By 3 Time Serious Felon (25-50), Delivery 100 g or More But Less Than 400 g of cocaine (9-40), Delivery 400 g or More But Less Than 900 g of cocaine (12-50), Delivery 900 g or More of cocaine (15-60), Unlawful Sale of Firearms Near School Second Conviction (5-15), Possession 100 g or More But Less Than 400 g of Cocaine (6-30), Possession 400 g or More But Less Than 900 g of Cocaine (8-40), Possession 900 g or More of Cocaine (10-50), Reckless Homicide School Zone 2+ Victims (6-28), Reckless Homicide Construction Zone (3-14), Reckless Homicide Construction Zone 2+ (6-28), Involuntary Manslaughter of Family Member (3-14), UUW Felon Forcible Felony, Gun Felony or Class 2 + (3-14), Unlawful Possession of Firearm by Gang Member (3-10), Prior conviction same or higher class within 10 years, Prior adjudication of Class X or Class 1 within 10 years, Exceptionally brutal or heinous behavior indicative of wanton cruelty, Gang leader or any Felony in Furtherance of Gang Activity, Any felony & directing animal against police, Murder and prior non-probationable offense within 10 years, Murder of victim of prior domestic violence, 2nd murder, Involuntary or Voluntary Manslaughter, or Reckless Homicide (2+ victims), Predatory or aggravated criminal sexual assault victim under 18 (double dipping proper), Sex crime victim under 18 and under alcohol influence, First responder injured from drug/explosives lab, Mob Action (including solicitation and conspiracy) with electronic communication, (Note: first four require interrogatories), Predatory Criminal Sexual Assault of a Child (50-to-Life for causing GBH even without a gun), Aggravated Criminal Sexual Assault (includes 10 for dangerous weapon), 1st Murder, Class X, or Class 1 Felony and severe bodily injury, Armed Violence based on listed predicate offenses, Use of Stolen Firearm Commission of Offense, Leaving Scene (Death or Personal Injury) consecutive to Agg DUI and/or Reckless Homicide, Minor Commits Murder During CSA Victim Under 12, Murder Victim P.O., Police Volunteer, EMT, or EMW, Criminal Sexual Assault (Use of Force or Not Knowing) & Prior PCSA, ACSA, or CSA, Aggravated Criminal Sexual Assault & Prior PCSA, ACSA, or CSA, Habitual Criminal (Third Class X Conviction), Sexual Assault, Class X, or 1st Murder & 2 Prior Class Xs, Criminal Sexual Assault, Agg Kidnapping or 1st Murder, Aggravated Kidnapping & Prior Agg Kidnapping, Hindering Prosecution of Terrorism (20 to Life), Ritualized Abuse of Child (2nd Conviction), All of the Gun Add-Ons With Great Bodily Harm, Aggravated Battery With Firearm With Silencer, Aggravated Discharge of Machine Gun With Silencer, Aggravated Vehicular Hijacking With Great Bodily Harm, Aggravated Discharge of a Firearm With Great Bodily Harm, Aggravated Methamphetamine-Related Child Endangerment, Any Class X Controlled Substance or Meth Offense Involving 100+ Grams, Not Allowed if crime involved physical harm, Not Allowed if credit dips below mandatory minimum, Not Allowed if on county impact incarceration program, Not Allowed if convicted of criminal sexual abuse or aggravated CSA, Cannabis Deferred Probation (410 Probation), Controlled Substance Deferred Probation (410 Probation), Misdemeanor sentence merges into IDOC sentence, MSR 4 Years on felony db, agg db, stalking, agg stalking, felony voop, After having twice been convicted of a Class 2 or greater Class felony, Impersonating a P.O. Solicitation of murder.

0000027914 00000 n

1985) (harm to victim is appropriate factor in aggravation in a robbery case where victim had bruised knee and elbow the risk must be greater than that inherent in almost all crimes), People v. Watkins, 206 Ill.App.3d 228 (1st Dist. Webunder truth-in-sentencing laws. This law severely limits the amount of time people convicted of certain offenses can earn off their sentences. Injustice Watch is a nonpartisan, nonprofit journalism organization that conducts in-depth research exposing institutional failures that obstruct justice and equality. The Sad Truth About Truth in Sentencing Laws in Illinois, Todays excessively long prison stays are the result of punitive sentencing laws enacted over the past several decades in Springfield. predatory criminal sexual assault of a child, reckless homicide [DUI], modified to aggravated DUI/death, effective July 18, 2003, aggravated battery with a machine gun/silenced firearm & aggravated discharge of amachine gun/silenced firearm, effective July 15, 1999, aggravated arson, effective July 27, 2001, any aggravated discharge of a firearm, effective June 23, 2005, armed habitual criminal, effective August 2, 2005, aggravated discharge of a firearm (not deleted by P.A 94-071, eff. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); 2020 Restore Justice Illinois. Thats fundamentally unfair.. Illustration by Vernica Martnez.

The state also funded an $18 million, three-year pilot program in nine geographically and demographically diverse counties to make sure prosecutors offices (as well as public defenders and community groups, which can bring cases for resentencing consideration to district attorneys in California) have the resources to give the program a true try. Senate Bill 2248 applies to 14 violent crimes, including aggravated assault, vehicular homicide, attempted first degree

Some of them had large sentences for drug-related crimes, Kelly said.

Mahadev predicted that any resentencing policy thats reliant on prosecutors will change with the whims of the prosecutors who get elected.. That simply did not happen. sentencing law truth typepad Based on the category of offense for which an inmate is sentenced, he or she will serve 100 percent, 85 percent, 50 percent, or 75 percent of the sentence imposed. Because Illinois Department of Corrections data does not specify whether an individual is serving a mandatory sentence or what the minimum sentence for their conviction is, Injustice Watch could not factor those limitations into its analysis. The definition of truth in sentencing varies among the States, as do the percent of sentence required to be served and the crimes covered by the laws.

Matters of early release and special credits (drug, education, trade & special merit) are not addressed as they are subject to IDOCs discretion. That the states experiment with resentencing started with just three of Illinois nearly 28,000 incarcerated people is not out of line with prosecutors initial forays into using these new powers elsewhere. As a result, more people spend more of their lives incarcerated than at any point in our states history.

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Since he was sentenced for a crime committed before truth-in-sentencing went into effect, hes been able to earn day-for-day good time credit off his 60-year sentence. (Nashville, Tenn.), March 17 The Judiciary Committee this week passed a truth in sentencing bill that requires a person convicted of certain offenses to serve 100% of the sentence imposed before becoming eligible for release. 1655 S Blue Island #312, Chicago, IL 60608
Foxx told Injustice Watch that picking people with parole dates looming was a strategic decision meant to make resentencing palatable for the judiciary. In anticipation of some trepidation and hesitation among judges about being the first to give someone a new sentence and early release from prison, her office planned to connect resentenced people with Precious Blood Ministry of Reconciliation, a Back of the Yards-based nonprofit that works to reconnect people exiting prisons with their communities.

Under the new law, juveniles charged as adults for nonhomicide crimes would be permitted to have their sentence reviewed within 25 years of their prison sentence, especially where the juvenile may show that he or she has matured, has been rehabilitated, and could be a productive member of society.

Illinois would benefit from: Illinois needs to stop using expensive and ineffective surveillance tools that set people up to fail. It would take another initiative or super-majority votes in the Legislature to change it. He reviewed the initial batch of candidates Foxxs team considered for resentencing and said he thought they were playing it too safe.





The Illinois Sentencing Policy Advisory Council (SPAC) will support the task force, and the Task Force will submit recommendations to the General Assembly and Governors Office by July 1, 2022. In fact, there was only a small decline in the sentences imposed by courts, which was far outstripped by the new laws requirement that people serve a much greater percentage of their sentence. 0000001231 00000 n Illinois first began using restorative justice practices in 2017. Illinois move toward so-called truth in sentencing and similar laws was grounded in a mistaken belief that locking up people for longer periods of time would make communities safer.

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