Chapter XIII. MANDATORY NATURAL LIFE SENTENCES
For offenses committed after January 1, 2016, an offender must be sentenced pursuant to 730 ILCS 5/5-4.5105 of the Criminal Code. This section, which is also effective January 1, 2016 and pursuant to this Act eliminates a mandatory natural life sentence and makes the imposition of firearm enhancements discretionary for defendants who committed their offenses before their eighteenth birthday.
2. Transfers that occur after a juvenile has a transfer hearing in juvenile court. Juveniles can also be transferred to adult court after a presumptive transfer or discretionary transfer hearing, pursuant to 705 ILCS 405/5-805 (Transfer of Jurisdiction). Be aware that effective January 1, 2016, the Mandatory Transfer Section of 705 ILCS 405/5-805 Subsection (1) has been repealed. Presumptive transfers under Paragraph (2) of this section will be limited to offenders who are charged with committing a forcible felony, who were at least 15 years of age at the time of the offense and who have a forcible felony conviction or finding of delinquency in their background. Discretionary transfers pursuant to paragraph (3) remain unaffected Pub. Act 99-258
Sentencing a juvenile after a presumptive or discretionary transfer: An offender convicted of any offense, after trial or plea, which was mandatorily, discretionarily or presumptively transferred to adult court is sentenced pursuant to the Criminal Code.
In the instances listed below, offenders must be sentenced to a sentence of Natural Life pursuant to 730 ILCS 5/5-8-1(a)(1)(c).
Note on Juvenile Offenders: The U.S Supreme Court, in Miller v. Alabama, 132 S. Ct. 2455 (2012), held that a mandatory life sentence without the possibility of parole is a violation of the Eighth Amendment prohibition against cruel and unusual punishment when such a sentence is applied to juveniles. A juvenile is defined as a defendant under 18 years of age. The trial court must consider mitigation before sentencing a juvenile defendant to life without parole. In March 2014, the Illinois Supreme Court determined that the Miller holding was retroactive and applied to all defendants who were under 18 at the time they committed their offenses and were sentenced to a mandatory life sentence.
The court also held that a trial judge must conduct a sentencing hearing and consider mitigating evidence before sentencing a juvenile to a natural life sentence. See also People v. Davis, 2014 IL 115595. Additionally...
