These cases present question as to whether amendment to 705 ILCS 405/5-130, as well as enactment of 730 ILCS 5/5-4.5-105, which established new sentencing provisions for offenders under 18 and limited circumstances under which juvenile offenders are automatically transferred to adult criminal court, and which took effect during defendants’ appeals of their 31 and 21-year sentences on various convictions, applied retroactively so as to allow defendants, who were tried as adults when they were 16 and 17 years old, to receive new sentencing hearings. Appellate Court, in affirming defendants’ sentences, found that both statutes did not apply retroactively to juveniles, whose cases were pending on appeal at time of statutes’ enactment, such that said statutes only applied to sentencing hearings held on or after effective dates of said statutes.
Illinois Supreme Court PLAs
Criminal Court
Sentencing