Three years ago, the U.S. Supreme Court ruled in Miller v. Alabama that sentencing a minor to a mandatory life sentence with no possibility of parole was unconstitutional. Since then, the General Assembly has been working to update Illinois’ juvenile sentencing laws.

This week, it sent a plan to the governor that Senator Don Harmon (D-Oak Park) negotiated between state’s attorneys, criminal justice reform groups and other stakeholders. It essentially gives judges more discretion when they hand down sentences for minors accused of serious crimes like murder and rape.

“The simple fact is that we needed to bring Illinois’ law in line with the court’s decision,” said Harmon. “It’s also the right thing for us to do, to permit judges to tailor juvenile sentences to fit the crime.”

The proposed law allows judges to waive aggravating factors relating to possession and use of a gun. It doesn’t preclude a young person being sentenced to life without parole, but does ensure that life without parole is never the mandatory sentence.

It also outlines a series of factors the courts should take into account when handing down sentences to minors convicted of serious crimes. These include:
- The minor’s age and maturity
- The minor’s home environment, including any past abuse
- The potential the minor could be rehabilitated, including if he or she shows remorse
- The circumstances of the offense
- The minor’s prior criminal history
- If the minor has a developmental disability

“One-size-fits-all sentencing just doesn’t work when children and teenagers are involved,” Harmon said. “Yes, there need to be serious consequences when young people commit serious crimes, but in many cases, we want them to be able to earn a second chance.”

The legislation is House Bill 2471. It now goes to the governor’s desk.