Legislature kills bill that would have expanded resentencing for youth offenders

SPRINGFIELD — The Illinois House shot down legislation Thursday that would have allowed some people incarcerated for crimes they committed when they were under 21 to become eligible for release.

In a rare rebuke of a Democrat-sponsored bill, a bipartisan coalition of lawmakers voted against House Bill 3332, causing the bill to fail on a 49-51 vote. Bills require 60 votes to pass the House, and numerous Democrats voted against the bill or skipped the vote. The bill was declared “lost,” meaning it cannot be recalled later.

The bill would have allowed people sentenced for crimes they committed when they were under 21 to be eligible for a parole hearing after serving 10 years in prison. Those sentenced for murder would be eligible for parole after serving 20 years, while those sentenced for murdering a victim who was under 18 years would be eligible for parole after serving 30 years.

“This bill would create a pathway for people sentenced as children and young adults to show that they have been rehabilitated and potentially return home and give back to their communities,” bill sponsor Rep. Theresa Mah, D-Chicago, told the House.

Mah declined to comment Friday on the bill’s failure.

Gov. JB Pritzker signed a law in 2023 that makes anyone sentenced to life in prison while they were under 21 eligible for release after serving 40 years behind bars — but only for people sentenced after June 1, 2019. Mah’s bill aimed to make that law retroactive and provide an opportunity for parole for all people incarcerated for crimes they committed before they were 21.

Illinois previously became one of the first states to abolish parole for crimes committed after 1978. Anyone sentenced for crimes committed between 1979 and early 2019 is not eligible for parole, but state law provides other mechanisms that allow people to have their sentence reduced, such as for good behavior in prison.

Mah’s bill immediately drew heavy criticism from Republicans who objected to creating a path to freedom for people convicted of violent crimes. Rep. Patrick Windhorst, R-Metropolis, argued that people serving decades-long sentences for convictions before they turned 21 are likely in prison for murder or major sex crimes.

“With respect to victims, we need to give them finality in the criminal justice system,” Windhorst said. “They should not be having to come back to court to relive the loss they suffered either being a victim of crime or the family of a victim of a murder. There needs to be finality, and we should not be reducing sentences for murderers and those guilty of criminal sexual account.”

Rep. John Cabello, R-Machesney Park, who works for the Winnebago County Sheriff’s Office, recalled serious crimes he investigated in his law enforcement career.

“Murder is brutal. It is final for one person; it’s a lifetime for their family,” Cabello said. “We can’t allow this yet.”

Mah attempted to ease concerns of her Republican colleagues, stating that the bill would merely create an opportunity for someone to receive a parole hearing and would not guarantee anyone will be given a hearing or released from prison.

“It’s not an automatic resentencing or a release,” Mah said. “All these cases come up for review by a judge. The victim’s families are also included in that process.”

Progressive Democrats voiced support for the bill even as many others in their party voted against it or skipped the vote.

“These are people who have spent decades working to be better in the most unimaginable and heinous situations you could dream of, locked behind bars still committed to reforming themselves,” said. Rep. Will Guzzardi, D-Chicago.

Mah argued that studies show youth offenders have lower rates of recidivism, and the legislation would give people in prison a reason to rehabilitate themselves.

“This is essentially a way to create fairness in our system that provides incentive for rehabilitation,” Mah said.

Similar legislation has also failed to gain traction in Springfield. A bipartisan bill in the Senate in 2023 stalled after passing committee.

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