HB3964 Summary

• Allows incarcerated individuals who have served 10 or more years to petition the circuit court for sentencing review in the county where they were originally sentenced.

• At sentencing review hearings, courts must consider mitigating factors including the person's age at offense, family circumstances, behavior during incarceration, participation in educational and restorative justice programs, and changes in law since sentencing.

• Courts may reduce sentences or depart downward from mandatory minimums and sentence enhancements based on the specified mitigating factors; judges must also consider victim impact statements.

• Individuals may file a second petition 5 years after the court's ruling on their initial petition, and subsequent petitions every 5 years thereafter if the court finds them not frivolous or without merit.

• The provision applies retroactively to persons incarcerated for crimes committed before the law's effective date; courts must report petition and resentencing data to the Illinois Sentencing Policy Advisory Council within 3 years.