Cook County State’s Attorney Kimberly M. Foxx is committed to carrying out the responsibility entrusted to her by the people of Cook County, which is to ensure that the values of justice and public safety are upheld.
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.
In the interests of public safety and justice, the Cook County State’s Attorney’s Office (CCSAO) will utilize the law to review cases and identify incarcerated persons with sentences that may fall into the categories outlined below. This process is known as the CCSAO Resentencing Initiative.
Please read the Frequently Asked Questions at the bottom of this page for helpful information about the Resentencing Initiative.
Types of Cases Being Prioritized
The CCSAO is currently prioritizing review of cases that fall under the following criteria:
- Persons who have served at least 10 years of a sentence for a drug-related offense.
- Persons who are currently age 65 or older and have served at least 20 years for a non-sex and non-homicide offense.
- Persons who were under 21 at the time of their offense and have served at least 15 years for a non-sex and non-homicide offense.
- Persons who have served at least 10 years for a theft/robbery/burglary offense.
The CCSAO cannot request resentencing for people who have not served at least the minimum sentence for their crime(s) and/or who are currently serving mandatory sentences, such as mandatory life sentences.
The review process will include consideration of additional factors, including but not limited to, prior convictions, disciplinary record while incarcerated, programming participation, and record of rehabilitation while incarcerated.
Resources
- Contact email: saoresentencinginitiative@cookcountyil.gov
- Resentencing Initiative Information (PDF)
- Information Form: Please use this form if you, your client, or your loved one wishes to be considered for resentencing under SB 2129, an Illinois resentencing law that 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.
Please note this is not an application for resentencing as the CCSAO is not actively reviewing requests for resentencing. Once the CCSAO begins accepting requests and if your request fits the current criteria for consideration, the office will contact the person making the request regarding submitting additional information.
Frequently Asked Questions
Q: How do I contact the CCSAO with resentencing questions under this law?
A: If you have a question or receive a request or correspondence from an incarcerated person or their advocate (including loved ones and attorneys) regarding resentencing, please reach out or forward the message to saoresentencinginitiative@cookcountyil.gov. Please note that we cannot guarantee responses to individual requests at this time. Additionally, if you wish to mail documents to the CCSAO, please direct mail to 69 W. Washington Suite 3200, Attn: Resentencing Initiative, Chicago, IL, 60602.
Q: Can I request that my case be reviewed for resentencing?
A: No. There is currently no application process for cases to be resentenced. Additionally, at this time, the CCSAO is not considering individual requests for resentencing, as the office is prioritizing the review of cases from its internal identification process based on the criteria listed above. If you would like to submit information for future consideration for resentencing, please use the digital form. Note: this digital form is not a request for resentencing, but will be part of a list for possible future review by the CCSAO.
Q: Can my case be considered for resentencing even if it does not meet the criteria listed above?
A: No. While your case may not currently fall into the criteria outlined above, the CCSAO will expand its criteria in the future. Therefore, even if your case does not currently meet eligibility criteria for review, you can still do the following in preparation for when criteria change.
- Save certificates and documentation that indicate your participation in any type of programming while incarcerated (e.g., educational courses, mental health and/or substance abuse treatment groups, religious activities, or groups).
- Avoid rule violations in prison.
- Regularly update your resume.
- Begin reflecting on your past actions by writing a letter of remorse and accountability (do not send this letter to the victim but keep a copy for your own files).
- Identify and cultivate relationships with people in your family and/or community who could provide positive support and stability to you after incarceration.
Q: Do I need a lawyer for my case to be reviewed and resentenced?
A: No, you do not need a lawyer for your case to be considered for resentencing. Therefore, it is not advised to pay any attorneys offering to “file a petition for you.” Be careful of any organization or legal entity charging a legal fee and claiming to be able to expedite or file a petition on your behalf. If your case is identified for review and consideration of resentencing, you will be given the option to receive legal representation free of charge from a pro bono attorney, law clinic, or other legal aid organization.
Q: Will victims be notified if a case is being considered for resentencing?
A: Yes. The CCSAO will notify crime victims of potential resentencing and provide an opportunity for them to be heard and their thoughts to be considered.
In conformity with the Rights of Crime Victims and Witnesses Act and as part of its evaluation process, the CCSAO will make every effort to contact impacted crime victims and provide notice of any upcoming court proceedings. Crime victims in any case being considered for resentencing will have an opportunity to address the CCSAO and the court as part of any resentencing consideration and proceeding.