EMERGING ADULT SENTENCING

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4258

Introduced 1/14/2026, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

New Act

Creates the Emerging Adult Sentencing Act. Provides that upon a
conviction by way of plea or otherwise finding of guilt, and with the
express agreement of the State's Attorney and the defendant, the court may
sentence a defendant who meets the eligibility requirements under the Act
to a term of probation to be performed at a community-based residential
workforce development center for a period of not less than one year and not
more than 3 years in lieu of incarceration in the Illinois Department of
Corrections. Provides that the defendant shall be monitored by the adult
probation department. Provides that the defendant shall: (1) not violate
any criminal statute of the State or any other jurisdiction; (2) refrain
from possessing a firearm or any other dangerous weapon; and (3) attend and
participate in any program activities as detailed in the individualized
service plan. Provides that a defendant is eligible for the program if the
defendant is between the ages of 18 through 25, at the time of the
commission of the offense, and is convicted of specified felony offenses
in which a period of incarceration must be imposed, other than a sentence
of natural life. Provides that prior criminal history shall not preclude
eligibility for sentencing under the Act. Provides that upon successful
fulfillment of the terms and conditions of probation, the court shall
discharge the defendant from probation. Provides that if the defendant has
not previously been granted a vacation of judgment, upon motion, the court
shall vacate the judgment of conviction and dismiss the criminal
proceedings against him or her unless, having considered the nature and
circumstances of the offense and the history, character, and condition of
the individual, the court finds that the motion should not be granted.
Effective immediately.
LRB104 16940 RLC 30354 b

A BILL FOR

HB4258
LRB104 16940 RLC 30354 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Emerging Adult Sentencing Act.

6

Section 5.
Purpose.
The purpose of this Act is to create a
7
transformative post-conviction model that reduces reliance on
8
traditional incarceration for emerging adults by fostering
9
partnerships between adult probation departments and
10
nonprofit, community-based residential workforce development
11
centers to implement restorative justice practices, workforce
12
training, and mental health support. This Act recognizes that
13
young adults aged 18 through 25 are more likely to be justice
14
involved due to poverty, instability, trauma, and a lack of
15
social and emotional services and support. Young adults who
16
receive holistic, developmentally appropriate supports and
17
services in a community setting continue educational pursuits,
18
successfully enter the workforce, and are less likely to
19
reoffend, thus increasing the welfare of the young adult and
20
the community, rather than those who are incarcerated. This
21
Act recognizes that the qualities that distinguish juveniles
22
from adults do not disappear when an individual turns 18. They
23
remain vulnerable to negative influences and outside peer

HB4258
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LRB104 16940 RLC 30354 b
1
pressures, including from their families and peers, and they
2
have limited control over their own environment. Because the
3
characters of emerging adults are still being formed, their
4
traits are less fixed and their actions are less likely to be
5
evidence of a lack of rehabilitative potential. Accordingly,
6
emerging adults are worthy of special care, investment, and
7
consideration so as to prevent long-term involvement in the
8
criminal justice system and the psychological damage caused by
9
carceral settings. This policy is grounded in balanced
10
restorative justice values and practices, that seek to improve
11
community safety by considering the welfare of the emerging
12
adult with a focus on connecting emerging adults to supports
13
that address underlying root causes of behavior instead of
14
punitive measures.

15

Section 10.
Definitions.
In this Act:
16

"Emerging adult" means an individual who is at least 18
17
years of age but under 26 years of age, at the time of the
18
commission of the offense, who has been convicted of a crime
19
that is non-probationable and is eligible for confinement in a
20
penal institution.
21

"Individualized service plan" means the written details of
22
the developmentally appropriate supports, activities, and
23
resources required for the individual to achieve personal
24
goals, which could include workforce development, mental
25
health counseling, substance abuse counseling, educational

HB4258
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LRB104 16940 RLC 30354 b
1
classes, financial literacy classes, and restorative justice
2
programming that a defendant will receive during the term of
3
the person's stay.
4

"Initial assessment" means a detailed evaluation of a
5
person's behavioral health used to diagnose conditions,
6
identify strengths and needs, and develop treatment plans such
7
as provided through the use of standardized assessment tools
8
such as the Illinois Medicaid Comprehensive Assessment of
9
Needs and Strengths.
10

"Mitigation report" means a report that outlines the
11
social and educational history of a person, which also
12
includes employment history, mental health diagnosis and
13
individualized service plans, history of or current substance
14
use and treatment, criminal history, and character references.
15

"Penal institution" has the meaning ascribed to the term
16
in Section 2-14 of the Criminal Code of 2012.
17

"Residential workforce development center" means a
18
nonprofit organization that provides transitional housing and
19
on-site facilitation of workforce development services
20
including employment and vocational training, financial
21
counseling, education, social and mental health services,
22
substance abuse counseling, individual and family counseling,
23
restorative justice programming, assistance in locating
24
permanent residential placement and obtaining suitable
25
employment or educational pursuits upon release, and any other
26
services as appropriate to emerging adults.

HB4258
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LRB104 16940 RLC 30354 b
1

"Restorative justice programming" means practices or
2
programming designed to contribute to the emotional
3
development of a defendant and foster meaningful connections
4
to the community.
5

"Transitional housing" means single occupancy housing in a
6
facility not otherwise open to and accessible by the public
7
that is equipped with video monitoring, residential managers,
8
24-hour on-site staffing and monitoring, visitation
9
restrictions, and a curfew; and that provides residents with
10
on-site meals, laundry services, basic living necessities
11
including personal care items, and health and wellness
12
facilities and services.

13

Section 15.
Establishment of emerging adult sentencing.
14

(a) Community-based residential workforce development
15
centers shall offer transitional housing and developmentally
16
appropriate services including, but not limited to, workforce
17
training and certification, mental health counseling,
18
financial literacy classes, and restorative justice
19
programming in alignment with State guidelines, and shall have
20
and maintain the appropriate certifications, licenses, and
21
accreditations for all provided services, which shall be
22
provided to the adult probation department and included in the
23
mitigation packet submitted to the court.
24

(b) The program shall be subject to judicial discretion,
25
allowing sentencing judges to assign eligible individuals to

HB4258
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LRB104 16940 RLC 30354 b
1
community-based residential workforce development centers
2
while on a period of probation in lieu of a period of
3
incarceration at the Department of Corrections.
4

(c) Community-based residential workforce development
5
centers shall provide annual reports to the adult probation
6
department detailing aggregate performance and impact metrics.

7

Section 20.
Eligible persons.
8

(a) Notwithstanding the provisions set forth in Section
9
5-5-3 of the Unified Code of Corrections, this Act applies to
10
persons ages 18 through 25 at the time of the commission of the
11
offense who are convicted of the following felony offenses in
12
which a period of incarceration must be imposed, other than a
13
sentence of natural life:
14

(1) any non-violent felony offense in which a period
15

of incarceration must be imposed upon conviction;
16

(2) aggravated unlawful possession of a weapon;
17

(3) unlawful possession of weapons by felons;
18

(4) residential burglary;
19

(5) probationable felony offenses in which a period of
20

incarceration other than natural life must be imposed upon
21

conviction based upon the criminal history of the
22

defendant, except sex offenses as defined in Section 2 of
23

the Sex Offender Registration Act; and
24

(6) any felony offense in which the court finds
25

exceptional circumstances exist for purposes of sentencing

HB4258
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LRB104 16940 RLC 30354 b
1

under this Act, except for first degree murder and sex
2

offenses as defined in Section 2 of the Sex Offender
3

Registration Act.
4

(b) Prior criminal history shall not preclude eligibility
5
for sentencing under this Act.

6

Section 25.
Sentencing.
7

(a) Upon a conviction by way of plea or otherwise finding
8
of guilt, and with the express agreement of the State's
9
Attorney and the defendant, the court may sentence a defendant
10
who meets the eligibility requirements under this Act to a
11
term of probation to be performed at a community-based
12
residential workforce development center for a period of not
13
less than one year and not more than 3 years in lieu of
14
incarceration in the Illinois Department of Corrections. The
15
defendant shall be monitored by the adult probation
16
department. The conditions of probation are that the
17
defendant:
18

(1) not violate any criminal statute of this State or
19

any other jurisdiction;
20

(2) refrain from possessing a firearm or any other
21

dangerous weapon; and
22

(3) attend and participate in any program activities
23

as detailed in the individualized service plan.
24

All fines, fees, and costs shall be waived for any
25
defendant sentenced to a community-based residential workforce

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LRB104 16940 RLC 30354 b
1
development center under this Act.
2

(b) Prior to imposing a sentence of probation under this
3
Act, the defendant shall submit a mitigation report to the
4
court and the court may, upon its own order, also obtain a
5
Presentence Investigation Report. The defendant must also
6
obtain and provide proof of acceptance to a community-based
7
workforce development center and submit an individualized
8
service plan to the court based upon an initial assessment
9
provided by a licensed professional.
10

(c) In determining whether to impose a sentence under this
11
Act, the court shall take into consideration the following:
12

(1) the age, immaturity, or limited mental capacity of
13

the defendant;
14

(2) the nature and circumstances of the offense;
15

(3) whether sentencing under this Act is in the
16

interest of the defendant's rehabilitation, including any
17

employment or involvement in community, educational,
18

training, or vocational programs as detailed in the
19

individualized service plan;
20

(4) whether the defendant suffers from trauma, as
21

supported by documentation or evaluation by a licensed
22

professional; and
23

(5) the potential risk to public safety.
24

(d) The court shall make a detailed record of its findings
25
when imposing or declining to impose sentencing under this Act
26
for any eligible persons.

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LRB104 16940 RLC 30354 b
1

(e) Upon successful fulfillment of the terms and
2
conditions of probation, the court shall discharge the
3
defendant from probation. If the person's sentence has not
4
been vacated under this Section, upon motion, the court shall
5
vacate the judgment of conviction and dismiss the criminal
6
proceedings against him or her unless, having considered the
7
nature and circumstances of the offense and the history,
8
character, and condition of the individual, the court finds
9
that the motion should not be granted. Unless good cause is
10
shown, the motion to vacate must be filed at any time from the
11
date of entry of the judgment to a date that is not more than
12
60 days after the discharge from probation.

13

Section 30.
Progress reports.
The adult probation
14
department shall submit a written status report to the court,
15
to the State, and to the defense, detailing the progress of the
16
defendant:
17

(1) 90 days after initial sentencing;
18

(2) upon completion of the probation period or the
19

fulfillment of the terms of the individualized service
20

plan; or
21

(3) any time upon request of the court.

22

Section 35.
Violation, modification, and revocation of
23
probation.
24

(a) Upon violation of a term or condition of the program,

HB4258
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LRB104 16940 RLC 30354 b
1
the court may enter a judgment on its original finding of guilt
2
and proceed as otherwise provided by law.
3

(b) The court shall consider least restrictive
4
alternatives prior to imposing a sentence of incarceration
5
upon a revocation of the sentence of probation.

6

Section 99.
Effective date.
This Act takes effect upon
7
becoming law.

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