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Sentencing

In Illinois, many sentencing laws converge to create a system that consistently results in extremely long prison terms. These include mandatory minimums, firearm enhancements, automatic transfer laws, the felony-murder rule, accountability theory, and more.

The consequences of lengthy sentences

Research shows long sentences lead to little to no reduction in crime. The longer sentences produced as a result of the policies of the 1970s-1990s contribute heavily to overcrowded prisons.

Extreme sentences also make us less safe because of the harmful impacts of incarceration and the removal of people from communities. Research shows longer prison sentences do not deter crime; they fracture communities already suffering from violence and over-incarceration. Long sentences don’t decrease crime but do make communities and families poorer and less stable.

When Illinois laws force judges to impose extreme sentences that don’t reflect the individual circumstances of a case, no group is hurt more or has more to lose than the children and young people who find themselves ensnared in our criminal legal system.

In 1978, Illinois abolished parole.

Now, the state is one of 16 not to provide most people with parole opportunities.

In 1998, Illinois passed a so-called “truth-in-sentencing” law.

This severely restricts opportunities to earn “good time” and early release.

Our Work in Sentencing Reform

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. When given the choice, our team has found that many judges chose to depart from harsher sentences, making it all the more important to give judges more ability to dispense sentences based on individual consideration.

related focus areas

Juvenile Life without Parole

Juvenile life without parole is a sentence of life in prison without the possibility of parole imposed on a child or young person. In 2023, Illinois became the 26th state to abolish the practice of sentencing children under 18 to life without parole. Illinois’ law goes further by recognizing young people’s brain development and ensuring most people 18-20 are parole-eligible. These changes have not yet been made retroactive.

Learn more about Juvenile Life without Parole

Felony Murder

In Illinois, a person can be charged and convicted of first-degree murder even if they did not actually kill the victim or intend to commit the murder. This conviction carries a minimum sentence of twenty years and, under certain circumstances, a maximum sentence of natural life.

Learn more about Felony Murder

LEGISLATIVE PROGRESS

In 2023, Illinois became the 26th state to abolish the practice of sentencing children under 18 to life without parole.

Learn more about issues related to sentencing

OUR POLICY WORK

Restore justice advocates for commonsense Illinois sentencing laws that will make communities safer — without tearing families apart.

Learn about bills that will make a difference

articles on sentencing

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.

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Release

In 1978, Illinois abolished the practice of parole, or early conditional release. Then, in 1998, the state passed so-called “truth-in-sentencing” laws, which restrict the ability of many people who are incarcerated to earn time off their sentences. This means many people who enter prison in Illinois lack opportunities to work towards their release. Restore Justice supports efforts to give rehabilitated people more meaningful pathways to earn 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 another look at their sentence.

Learn more