Illinois Sentencing – Statutory and Case Law
February 1, 2013
9:00 a.m. – 4:30 p.m.
6.00 MCLE hours
Presented by Criminal Justice
ISBA Regional Office
20 S. Clark Street, Suite 900
(map and directions)
Get the information you need to effectively counsel your clients on important sentencing issues in felony, misdemeanor, and traffic law cases!
Are you a general practitioner or criminal law attorney with intermediate practice experience? Then you won’t want to miss this informative seminar that offers an in-depth overview of Illinois sentencing – from preparing for the hearing and pleas of guilty, to mandatory sentences and additional financial assessments. Attorneys attending this program will better understand:
- The statutory and non-statutory factors in aggravation;
- The collateral consequences of guilty pleas, including immigration status, and the 6th amendment ineffective assistance of counsel issues identified in several recent U.S. Supreme Court Cases;
- The differing good-time credit of various offenses;
- Recognizing the various fees and fines that impact the defendant at sentencing;
- How to search the Illinois Criminal Code to pull up specific statutes using the ICJIA database;
- Issues in sex offender sentencing, including registration requirements and social limitations/restrictions on the sex offender; and
- The new Evidence Based Sentencing in DUI cases and the 2012 DE Evaluation format.
John J. Rekowski, Madison County Public Defender, Edwardsville
9:00 – 10:00 a.m. Preparing an Effective Sentencing Hearing
Learn how to prepare for a sentencing hearing with this informative presentation. Topics include: the pre-sentence report, statutory and non-statutory factors in aggravation; and court-considered mitigation.
John J. O’Gara, O’Gara and Gomric, P.C., Belleville
10:00 – 10:15 a.m. Break (beverages provided)
10:15 – 11:15 a.m. Special Issues in Sentencing with Pleas of Guilty, Including Collateral Consequences
This segment discusses numerous sentencing issues, including the importance of an accurate criminal history during both pleas of guilty and sentencing. In addition, 6th amendment ineffective assistance of counsel issues are explored in relation to immigration consequences after Padilla V. Kentucky, as well as the impact of Missouri v. Frye and Lafler v. Cooper on the decision to plead your client guilty or go to trial.
Hon. Donald D. Bernardi, Circuit Court Judge (Ret.), Normal
11:15 a.m. – 12:00 p.m. How Much Time Will an Inmate Do in Prison?
Gain a better understanding of the special factors that not only limit sentencing options for the judge, but can potentially increase the length of sentences and make otherwise probationable offenses non-probationable. Additional topics include: truth-in-sentencing (50%, 75%, 85%, and 100%), sentencing credits available to inmates, impact incarceration and the court orders needed for these programs.
Randall B. Rosenbaum, Champaign County Public Defender’s Office, Urbana
12:00 – 1:00 p.m. Lunch (on your own)
1:00 – 1:45 p.m. “Is it a Fee or a Fine?” – And Other Common Errors that Appellate Courts Find
The Illinois General Assembly continues to add additional financial assessments as part of the sentencing disposition – and whether this assessment is determined to be a “fee” or a “fine” can prove consequential for the defendant. This comprehensive overview explores the Supreme Court’s decision to add additional financial obligations to sentencing disposition, as well as what difference it makes as to how these assessments are categorized.
Hon. M. Carol Pope, 4th District Appellate Court, Petersburg
1:45 – 2:15 p.m. ICJIA New Criminal Code Database
This Illinois Criminal Justice Information Authority (ICJIA) recently launched its new online searchable database called the Illinois Criminal Code. Discover how this resource can be used to pull up specific statutes through categorical search terms, such as truth in sentencing, mandatory supervised release (MSR), sex offender registration, and more.
Simeon Kim, Associate General Counsel, ICJIA, Chicago
2:15 – 2:30 p.m. Break (refreshments provided)
2:30 – 3:30 p.m. Issues in Sex Offender Sentencing
This presentation examines the necessary sentencing preparation in sex offender cases, as well as the consequences of being a convicted sex offender. Topics include: registration requirements for sex offenders; the social ramifications/limitations of being labeled a “sex offender”; and the various restrictions placed on the offender, including where the offender can live, go to school, work, and visit.
Tracie Newton, Illinois State Police, Sex Offender Registration Unit, Springfield
3:30 – 4:30 p.m. Evidence-Based DUI Sentencing
Regardless of whether a DUI is classified as a misdemeanor or a felony, many consequences arise for the offender. Join us for an exploration of the new Evidence Based Sentencing in DUI’s, including an introduction to the 2012 DUI Evaluation format. Effective sentencing strategies and suggestions for persuading prosecutors and judges during the DUI case are also included.
Hon. Mark A. Schuering, Circuit Court Judge (Ret.), Quincy