Governor JB Pritzker signed HB1064, a bill that guarantees all children 17 and younger and most people 18-20 are eligible for parole. Before this law, children in Illinois could be sentenced to life in prison without having a chance to be released. Now, that is not allowed. 

The new law builds on HB531, the Youthful Parole Bill, which was signed by the Governor in 2019. The Youthful Parole Bill allowed for parole in Illinois for the first time since 1978. Back then, Illinois moved to a “determinate sentencing” system. This meant that people incarcerated in Illinois could no longer be released. This was true even if they were rehabilitated.

What is Determinate Sentencing and why does Illinois have it?

“Determinate sentencing” is a term used to describe a movement that became popular in the 1970s in law enforcement and some state legislatures. This movement was the result of some people thinking that judges were being too lenient or a “loosy goosy” with sentencing, especially of people who were convicted of violent crime.  

Most states did not follow this movement. Illinois is one of 16 states that did, leading lawmakers to get rid of parole-for-release.

The original idea of determinate sentencing was to give the family members of victims more finality. It was also meant to make things more fair and ensure that people who committed the same crime got the same punishment, no matter who the judge was. 

However, the results have been terrible. Getting rid of parole is part of why the prison population grew out of control, leading to overcrowding and budgeting issues.

Learn more about parole and other forms of release from Illinois prisons. 

What has changed?

Illinois is still a “determinate sentencing” state, except for: 

• People who were sentenced before we eliminated parole in 1978 (fewer than 100 people remain),
• Children 17 and younger sentenced after June 1, 2019 or January 1, 2024, depending on the crime and sentence, and 
• Most young adults between 18 and 20 years old sentenced after June 1, 2019 or January 1, 2024, depending on the crime and sentence.

These people will get a chance to have a hearing to be considered for parole and be released. 

Who can get parole hearings now?

The 2023 (effective date 2024) and 2019 laws only apply to cases moving forward. They apply to people 20 or younger when the crime occurs.

Under HB531 (Youthful Parole Bill), most people convicted for youthful crimes can ask for hearings after 10 years. If they are denied, they can ask again at 15 years and 20 years. 

For those convcited of first-degree murder and aggravated criminal sexual assault, hearings would happen after 20 years in prison. Another hearing would take place after 30 years in prison.

HB1064 made it possible for youth who were not included in HB531 to ask for parole. Youth convicted of aggravated criminal sexual assault and most forms of first-degree murder could seek review after 20 years. They could also seek review once more after another 10 years. Youth with natural life sentences could seek review after 40 years.

Note: Youth 18-20 years old who are convicted of predatory criminal sexual assault are not eligible for parole under either law.

What else does the new law do?

Both laws guarantee victims, witnesses, and other concerned citizens to be heard by the Illinois Prisoner Review Board at the hearings.

The laws also allow prisoners covered by these laws to be provided free lawyers if they can’t afford one.

The laws allow for the Board to fully investigate whether someone has been rehabilitated. If they have, the Board can release them under supervision.  and grant the supervised release of people who have shown they are rehabilitated.

So this doesn’t apply to anyone who is already in jail?

Yes, that is correct. Those in charge of changing the law found that if the law applied to people who were already in prison, it would be opposed by law enforcement and victim advocates.  

This means that there are hundreds of men and women in prison in Illinois who would be eligible for parole under the new law if they were sentenced today. Unfortunately, because they were sentenced before the laws passed, they cannot be considered for parole.

While this is not ideal, we are hopeful that in time lawmakers and judges will agree that having the laws apply to past situations is the most fair and cost-effective way to move forward.