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Pathways to Release

There are few meaningful pathways to release for people who enter prison in Illinois. We are trying to change that.

overview

In 1978, Illinois abolished the discretionary parole system, and remains one of just sixteen states today with no opportunity for people who are incarcerated to earn parole or early release. Since 1978, the Illinois prison population has exponentially increased from roughly 6,000 people to almost 30,000 in 2022. While the abolition of parole is not the only factor in the increased prison population, it has contributed to increased sentence lengths and, subsequently, over incarceration.

In 1998, Illinois passed so-called, “truth-in-sentencing” laws, which restrict the ability of many people who are incarcerated to earn time off their sentences. This often means individuals sentenced after 1998 serve double the time as someone sentenced for the same offense before these laws. Prior to these laws, people incarcerated in Illinois could proactively earn time off their court-appointed sentence through good behavior and participation in prison programming.

“Truth in sentencing” combined with “tough-on-crime” policies—such as automatic transfer laws and mandatory firearm enhancements— prevent judges from using their discretion and considering the individual circumstances of a case. Judges are restrained from deciding appropriate sentences on a case-by-case basis and are instead forced to enact extremely long sentences. Especially with the abolition of parole, these policies have converged to create increasingly long prison sentences, yet there is little to no evidence that longer sentences reduce crime or improve public safety.

When properly implemented, parole and other programs for early release save money and reduce future crime. Parole costs the taxpayer ten times less than incarcerating someone for the same amount of time. Additionally, studies have shown that individuals released on discretionary parole are up to 16% less likely to be rearrested than those released through non-discretionary programs. Parole supervision is one of the key strategies used by the government to assist system impacted individuals in their reintegration into society. Parole helps prevent recidivism by not only monitoring and sanctioning those who breach their conditions of release, but also by providing access to treatment and behavioral programs to address parolees’ needs.

Our Work in securing pathways to Release

Restore Justice supports efforts to give rehabilitated people more avenues to earn their release. Currently that means restoring Illinois to its pre-1978 parole-for-release system, rolling back “truth-in-sentencing” laws, and creating opportunities for people serving extreme sentences to have their sentences reviewed.

related focus areas

Parole

Through bipartisan laws enacted in 2019 and 2023, the Illinois General Assembly created new parole opportunities for people 20 and younger sentenced after enactment. These laws ended life without parole for all children, and most youth, in our state.

The 2019 Youthful Parole Law (Public Act 100-1182) created a mid-sentence parole consideration system for most people 20 or younger at the time of the conviction.

The 2023 Youthful Parole Law (Public Act 102-1128) created a parole consideration opportunity for people 20 or younger sentenced to a term of natural life imprisonment to be eligible for one parole review after serving 40 or more years of their sentence. (People 18-20 convicted of predatory criminal sexual assault of a child are not eligible for parole under this bill)

Restore Justice’s current focus is to create retroactive parole opportunities for children and young adults. People under 21 sentenced before 1978 and after 2019 already have some parole opportunities in Illinois. We are working to advance legislation that would give those sentenced between those years the same opportunities.

Truth-in-Sentencing Laws

Before 1998, people in prison in Illinois could proactively earn time off their court-appointed sentences through good behavior and participation in prison programming. This system changed in 1998 with the passage of so-called “truth-in-sentencing” laws. Today, these laws limit the amount of time people convicted of certain offenses can earn off their non-life sentences.

Our current efforts include legislation to roll back “truth in sentencing” and create more “good time.” Incentivizing people to earn time off their sentence and participate in restorative programming is one of the safest ways to reduce the prison population and prepare people to return home.

Learn more about “Truth-in-Sentencing”

Resentencing

The bipartisan Illinois Resentencing Task Force, a legislative task force staffed by the Sentencing Policy Advisory Council, recommends retroactive sentencing reform to address inequities and allow people serving long sentences to petition for a sentence review.

This marks the first time an Illinois government entity has recommended retroactive reform and acknowledged retroactive reform is both constitutional and overdue. The message is clear: Sentencing reform must be applied to people already incarcerated under laws we have since determined to be outdated or wrong.

Retroactive resentencing means people who are incarcerated and currently have no meaningful way to earn early release, would have the opportunity to petition for another look at their sentences.

Resentencing For All (SB2258 & HB 3964) would create a process for a person to petition the court for a review of their sentence after serving 10 years. It would be applied prospectively and retroactively.

  • A judge would determine if the person is eligible for a sentence review, and would appoint counsel if needed
  • The state’s attorney would notify the victims, including notice of available restorative justice programs and the opportunity to testify during the hearing
  • At the sentencing hearing, the court would consider the mitigating factors
  • The Sentencing Policy Advisory Council would receive copies of the petitions and final orders to report on the impact of resentencing motions

our other issues

PRISON CONDITIONS AND PRACTICES

The human, social, and economic costs of our current prison system are intolerable. Restore Justice supports efforts to move Illinois corrections towards a model that values rehabilitation over punishment. This includes making healthcare more available for people who are incarcerated, increasing opportunities to participate in programs and education, allowing family and friends to visit their loved ones who are incarcerated more often, and reducing the use of solitary confinement as a punitive measure.

Learn more

sentencing

In Illinois, a number of sentencing laws converge to create a system that consistently applies extremely long prison terms. While touted as a strategy to make our justice system more fair and effective, research shows that policies like these lead to little to no reduction in crime, while contributing heavily to overcrowded prisons. Restore Justice supports policies that would eliminate or reduce mandatory minimums, roll back firearm enhancements, and otherwise change the laws that rigidly increase sentence lengths or restrict judges from applying appropriate sentences.

Learn more