Illinois General Assembly - Full Text of HB4040

LRB104 13097 RLC 25120 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4040

Introduced 4/10/2025, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

New Act

Creates the Emerging Adult Sentencing Act. Provides that upon a conviction by way of plea or otherwise finding of guilt, and with the express agreement of the State's Attorney and the defendant, the court may sentence a person who meets the eligibility requirements under the Act to a term of probation to be performed at a community-based residential workforce development center for a period of not less than one year and not more than 3 years in lieu of incarceration in the Illinois Department of Corrections. Provides that the defendant shall be monitored by the adult probation department. Provides that the defendant shall: (1) not violate any criminal statute of the State or any other jurisdiction; (2) refrain from possessing a firearm or any other dangerous weapon; and (3) attend and participate in any program activities as detailed in the individualized service plan. Provides that a defendant is eligible for the program if the person is between the ages 18 through 25, at the time of the commission of the offense, and is convicted of specified felony offenses in which a period of incarceration must be imposed, other than a sentence of natural life. Provides that prior criminal history shall not preclude eligibility for sentencing under the Act. Provides that upon successful fulfillment of the terms and conditions of probation, the court shall discharge the person from probation. Provides that if the person has not previously been granted a vacation of judgment, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her unless, having considered the nature and circumstances of the offense and the history, character and condition of the individual, the court finds that the motion should not be granted. Effective immediately.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Emerging Adult Sentencing Act.

Section 5. Purpose. The purpose of this Act is to create a transformative post-conviction model that reduces reliance on traditional incarceration for emerging adults by fostering partnerships between adult probation departments and nonprofit, community-based residential workforce development centers to implement restorative justice practices, workforce training, and mental health support. This Act recognizes that young adults aged 18 through 25 are more likely to be justice involved due to poverty, instability, trauma, and a lack of social and emotional services and support. Young adults who receive holistic, developmentally appropriate supports and services in a community setting continue educational pursuits, successfully enter the workforce, and are less likely to reoffend, thus increasing the welfare of the young adult and the community, rather than those who are incarcerated. This Act recognizes that the qualities that distinguish juveniles from adults do not disappear when an individual turns 18. They remain vulnerable to negative influences and outside peer pressures, including from their families and peers, and they have limited control over their own environment. Because the characters of emerging adults are still being formed, their traits are less fixed and their actions are less likely to be evidence of a lack of rehabilitative potential. Accordingly, emerging adults are worthy of special care, investment, and consideration so as to prevent long-term involvement in the criminal justice system and the psychological damage caused by carceral settings. This policy is grounded in balanced restorative justice values and practices, that seek to improve community safety by considering the welfare of the emerging adult with a focus on connecting emerging adults to supports that address underlying root causes of behavior instead of punitive measures.

Section 10. Definitions. In this Act:

"Emerging adult" means an individual who is at least 18 years of age but under 26 years of age, at the time of the commission of the offense, who has been convicted of a crime that is non-probationable and is eligible for confinement in a penal institution.

"Individualized service plan" means the written details of the developmentally appropriate supports, activities, and resources required for the individual to achieve personal goals, which could include workforce development, mental health counseling, substance abuse counseling, educational classes, financial literacy classes, and restorative justice programming that a person will receive during the term of the person's stay.

"Initial assessment" means a detailed evaluation of a person's behavioral health used to diagnose conditions, identify strengths and needs, and develop treatment plans such as provided through the use of standardized assessment tools such as the Illinois Medicaid Comprehensive Assessment of Needs and Strengths.

"Mitigation report" means a report that outlines the social and educational history of a person, which also includes employment history, mental health diagnosis and individualized service plans, history of or current substance use and treatment, criminal history, and character references.

"Penal institution" has the meaning ascribed to the term in Section 2-14 of the Criminal Code of 2012.

"Residential workforce development center" means a nonprofit organization that provides transitional housing and on-site facilitation of workforce development services including employment and vocational training, financial counseling, education, social and mental health services, substance abuse counseling, individual and family counseling, restorative justice programming, assistance in locating permanent residential placement and obtaining suitable employment or educational pursuits upon release, and any other services as appropriate to emerging adults.

"Restorative justice programming" means practices or programming designed to contribute to the emotional development of a person and foster meaningful connections to the community.

"Transitional housing" means single occupancy housing in a facility not otherwise open to and accessible by the public that is equipped with video monitoring, residential managers, 24-hour on-site staffing and monitoring, visitation restrictions, and a curfew; and that provides residents with on-site meals, laundry services, basic living necessities including personal care items, and health and wellness facilities and services.

Section 15. Establishment of emerging adult sentencing.

(a) Community-based residential workforce development centers shall offer transitional housing and developmentally appropriate services including, but not limited to, workforce training and certification, mental health counseling, financial literacy classes, and restorative justice programming in alignment with State guidelines, and shall have and maintain the appropriate certifications, licenses, and accreditations for all provided services, which shall be provided to the adult probation department and included in the mitigation packet submitted to the court.

(b) The program shall be subject to judicial discretion, allowing sentencing judges to assign eligible individuals to community-based residential workforce development centers while on a period of probation in lieu of a period of incarceration at the Department of Corrections.

(c) Community-based residential workforce development centers shall provide annual reports to the adult probation department detailing aggregate performance and impact metrics.

Section 20. Eligible persons.

(a) Notwithstanding the provisions set forth in Section 5-5-3 of the Unified Code of Corrections, this Act applies to persons ages 18 through 25 at the time of the commission of the offense who are convicted of the following felony offenses in which a period of incarceration must be imposed, other than a sentence of natural life:

(1) any non-violent felony offense in which a period of incarceration must be imposed upon conviction;

(2) aggravated unlawful possession of a weapon;

(3) unlawful possession of weapons by felons;

(4) residential burglary;

(5) probationable felony offenses in which a period of incarceration other than natural life must be imposed upon conviction based upon the criminal history of the defendant, except sex offenses as defined in Section 2 of the Sex Offender Registration Act; and

(6) any felony offense in which the court finds exceptional circumstances exist for purposes of sentencing under this Act, except for first degree murder and sex offenses as defined in Section 2 of the Sex Offender Registration Act.

(b) Prior criminal history shall not preclude eligibility for sentencing under this Act.

Section 25. Sentencing.

(a) Upon a conviction by way of plea or otherwise finding of guilt, and with the express agreement of the State's Attorney and the defendant, the court may sentence a person who meets the eligibility requirements under this Act to a term of probation to be performed at a community-based residential workforce development center for a period of not less than one year and not more than 3 years in lieu of incarceration in the Illinois Department of Corrections. The person shall be monitored by the adult probation department. The conditions of probation are that the defendant:

(1) not violate any criminal statute of this State or any other jurisdiction;

(2) refrain from possessing a firearm or any other dangerous weapon; and

(3) attend and participate in any program activities as detailed in the individualized service plan.

All fines, fees, and costs shall be waived for any person sentenced to a community-based residential workforce development center under this Act.

(b) Prior to imposing a sentence of probation under this Act, the defendant shall submit a mitigation report to the court and the court may, upon its own order, also obtain a Presentence Investigation Report. The defendant must also obtain and provide proof of acceptance to a community-based workforce development center and submit an individualized service plan to the court based upon an initial assessment provided by a licensed professional.

(c) In determining whether to impose a sentence under this Act, the court shall take into consideration the following:

(1) the age, immaturity, or limited mental capacity of the defendant;

(2) the nature and circumstances of the offense;

(3) whether sentencing under this Act is in the interest of the defendant's rehabilitation, including any employment or involvement in community, educational, training, or vocational programs as detailed in the individualized service plan;

(4) whether the defendant suffers from trauma, as supported by documentation or evaluation by a licensed professional; and

(5) the potential risk to public safety.

(d) The court shall make a detailed record of its findings when imposing or declining to impose sentencing under this Act for any eligible persons.

(e) Upon successful fulfillment of the terms and conditions of probation, the court shall discharge the person from probation. If the person's sentence has not been vacated under this Section, upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings against him or her unless, having considered the nature and circumstances of the offense and the history, character, and condition of the individual, the court finds that the motion should not be granted. Unless good cause is shown, the motion to vacate must be filed at any time from the date of entry of the judgment to a date that is not more than 60 days after the discharge from probation.

Section 30. Progress reports. The adult probation department shall submit a written status report to the court, to the State, and to the defense, detailing the progress of the defendant:

(1) 90 days after initial sentencing;

(2) upon completion of the probation period or the fulfillment of the terms of the individualized service plan; or

(3) any time upon request of the court.

Section 35. Violation, modification, and revocation of probation.

(a) Upon violation of a term or condition of the program, the court may enter a judgment on its original finding of guilt and proceed as otherwise provided by law.

(b) The court shall consider least restrictive alternatives prior to imposing a sentence of incarceration upon a revocation of the sentence of probation.

Section 99. Effective date. This Act takes effect upon becoming law.