HB 4040

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 person 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 person is between the ages 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 person from probation. Provides that if the person 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.