Illinois bill could allow select group of people serving life in prison to petition for post conviction hearings

SPRINGFIELD, Ill. (WAND) — Illinois judges are required to consider a person's youth during sentencing, yet many people are serving life sentences without parole because they were sentenced before state law changed in 2012.

A new proposal in Springfield could allow people who were convicted of felonies while 21 or younger to petition for a new hearing before a judge.

Sponsors and advocates said this change could help 50 to 100 prisoners receive a constitutional sentencing hearing.

"This court codified Miller vs. Alabama, so the legislative branch is way ahead of the courts on this one," said criminal defense lawyer Charles Hoffman. "All we're asking is that these folks who have been left out of being able to rely on the developments in juvenile brain science should be given a chance to do so."

The Illinois State's Attorneys Association is currently opposed to the bill, as members would like to see a narrowing of the scope of the offenses eligible for hearings. Lobbyist Mike Zalewski explained state's attorneys are willing to continue good faith negotiations with Rep. Lilian Jimenez (D-Chicago). However, the sponsor said she could not support suggested language from the state's attorneys.

"This is not creating an opportunity for them to have an attorney assigned to them or to guarantee a hearing," Jimenez said. "This is just eliminating one hurdle. We think this bill is good as is."

House Bill 1858 passed out of the House Restorative Justice Committee on a partisan 7-3 vote. The legislation will now head to the House floor for further consideration.