[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
90_HB0210
730 ILCS 5/3-3-2.2 new
Amends the Unified Code of Corrections. Provides that
any prisoner sentenced under the law in effect before
February 1, 1978, who was not previously eligible to receive
a fixed release date, may petition the trial court to have
the sentence reevaluated and a fixed release date set.
Specifies factors to be considered during the reevaluation.
LRB9001331RCsb
LRB9001331RCsb
1 AN ACT to amend the Unified Code of Corrections by adding
2 Section 3-3-2.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unified Code of Corrections is amended by
6 adding Section 3-3-2.2 as follows:
7 (730 ILCS 5/3-3-2.2 new)
8 Sec. 3-3-2.2. Petition for determinate sentence.
9 (a) Any prisoner sentenced under the law in effect
10 before February 1, 1978, who was not eligible to receive a
11 fixed release date before the effective date of this
12 amendatory Act of 1997, may petition the trial court that set
13 the prisoner's sentence under the law in effect before
14 February 1, 1978 for a fixed release date. Upon receiving a
15 petition, the court shall reevaluate the sentence and set a
16 fixed release date for the prisoner.
17 (b) In reevaluating the sentence the court shall give
18 consideration to the following:
19 (1) the current sentencing guidelines;
20 (2) the prisoner's behavior since being
21 incarcerated;
22 (3) any matters of aggravation; and
23 (4) any matters of mitigation.
24 (c) The prisoner's earned good time shall be applied
25 after the redetermination of the sentence under this Section.
26 (d) In no event may the redetermined sentence result in
27 a greater sentence than the prisoner's sentence before the
28 redetermination.