In July 2021, Governor Pritzker signed Senate Bill 2129 (SB 2129), which allows prosecutors, at their discretion, to motion a sentencing judge or their successor to resentence incarcerated persons whose original sentence no longer advances the interests of justice. Upon receipt of a motion for resentencing, sentencing judges may, at their discretion, resentence an incarcerated person to a lesser sentence. Under SB 2129, all victims will be afforded the rights outlined in the Rights of Crime Victims and Witnesses Act. The law went into effect on January 1, 2022.
Importantly, it does not entitle anyone in prison to resentencing or even have his or her sentences review. Rather, the law creates a mechanism for the court to consider resentencing requests made by the State’s Attorney.