CHICAGO – To clear up confusion around when young people who are incarcerated can petition for youthful parole, State Senator Javier Loera Cervantes is sponsoring legislation that would clarify the timeline available for people who were committed an offense under the age of 21. 

“I am grateful that the law in Illinois extends grace to young people who have committed criminal offenses and gives them the chance to reform their lives,” said Cervantes (D-Chicago). “This legislation will add onto that, and give them an opportunity to apply for parole earlier, helping them reintegrate to their community and create a more positive future.”

Currently, young people who were under 21 at the time of committing a criminal offense can file a petition for a parole hearing up to three years before they are eligible for parole. If appropriately filed, the Prisoner Review Board sets a parole hearing date three years from the date it received the petition. However, sometimes a person is already eligible for a youthful parole hearing when they file a petition because they have already served the required number of years. This has caused some confusion when they file a petition over if the parole hearing can take place within a year, or if they have to wait three years for a hearing.

House Bill 2546 would clarify that youth offenders can file a petition for parole up to three years before becoming eligible. Additionally, it clarifies that the hearing can be scheduled a year in advance. This addresses previous confusion from the Prisoner Review Board that required offenders to wait three years for their hearing, not the time period for them to file the petition. With this clarity, young people may be able to have their parole hearing in a more timely manner, allowing them to re-enter society earlier.

"Current law allows for eligible parolees to file their request for a hearing up to three years before they are eligible. Unfortunately, this timeline has been misinterpreted, leading to delayed filing, confusing eligible individuals, and delaying their due process,” said Representative Will Guzzardi (D-Chicago), the House sponsor of the bill. “Our legislation clarifies that timeline to request a parole hearing for young people involved in the justice system."

House Bill 2546 passed the Senate Criminal Law committee on Tuesday.