ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/122-9 (2026)

Motion to resentence by the People

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(725 ILCS 5/122-9)
    Sec. 122-9. Motion to resentence by the People.
    (a) The purpose of sentencing is to advance public safety through punishment, rehabilitation, and restorative justice. By providing a means to reevaluate a sentence after some time has passed, the General Assembly intends to provide the State's Attorney and the court with another tool to ensure that these purposes are achieved.
    (b) At any time upon the recommendation of the State's Attorney of the county in which the defendant was sentenced, the State's Attorney may petition the sentencing court or the sentencing court's successor to resentence the offender if the original sentence no longer advances the interests of justice. The sentencing court or the sentencing court's successor may resentence the offender if it finds that the original sentence no longer advances the interests of justice.
    (c) Upon the receipt of a petition for resentencing, the court may resentence the defendant in the same manner as if the offender had not previously been sentenced; however, the new sentence, if any, may not be greater than the initial sentence.
    (d) The court may consider postconviction factors, including, but not limited to, the inmate's disciplinary record and record of rehabilitation while incarcerated; evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the inmate's risk for future violence; and evidence that reflects changed circumstances since the inmate's original sentencing such that the inmate's continued incarceration no longer serves the interests of justice. Credit shall be given for time served.
    (e) Victims shall be afforded all rights as outlined in the Rights of Crime Victims and Witnesses Act.
    (f) A resentencing under this Section shall not reopen the defendant's conviction to challenges that would otherwise be barred.
    (g) Nothing in this Section shall be construed to limit the power of the Governor under the Constitution to grant a reprieve, commutation of sentence, or pardon.
(Source: P.A. 102-102, eff. 1-1-22; 102-813, eff. 5-13-22.)

    
Notes of Decisions
Cited in 8 cases (8 in the last 5 years), 2023–2026 · leading case: People v. Harrison, 2023 IL App (4th) 220371-U (Ill. App. Ct. 2023).
Sort: Relevance Newest Treatment
People v. Harrison, 2023 IL App (4th) 220371-U (Ill. App. Ct. 2023). · cites it 2× “¶ 13 At the hearing on defendant’s motion, the State argued both the trial court lacked jurisdiction and a defendant does not have standing to file a motion for reduction of sentence pursuant to section 122-9 of the Post-Conviction Hearing Act (Act).”
People v. Johnson, 2024 IL App (5th) 240477-U (Ill. App. Ct. 2024). · cites it 6× “ORDER ¶1 Held: The circuit court did not err in dismissing the defendant’s motion for sentencing relief brought under 725 ILCS 5/122-9, which permits only the State’s Attorney, not the defendant, to petition the court for resentencing.”
People v. Weis, 2023 IL App (5th) 220466-U (Ill. App. Ct. 2023). “725 ILCS 5/122-9(b) (West 2022). The statute’s plain language thus means that defendant did not have the right to seek resentencing thereunder.”
People v. Taylor, 2023 IL App (5th) 230240-U (Ill. App. Ct. 2023). “d unusual punishment, in violation of the eighth amendment to the United States Constitution, and also violated the proportionate-penalties clause of the Illinois Constitution; (3) that his 30-year sentence “no longer advance[s] the interests of justice,” and the state’s…”
People v. Gray, 2025 IL App (5th) 230140-U (Ill. App. Ct. 2025). “725 ILCS 5/122-9 (West 2024). In pertinent part, that statute provides as follows: “At any time upon the recommendation of the State’s Attorney of the county in which the defendant was sentenced, the State’s Attorney may petition the 21 sentencing court or the sentencing court’s…”
People v. Russell, 2025 IL App (5th) 241105-U (Ill. App. Ct. 2025). “725 ILCS 5/122-9 (West 2022). ¶ 14 The defendant filed a pro se postconviction petition on July 24, 2024, raising three issues.”
People v. Suarez, 2026 IL App (1st) 241788-U (Ill. App. Ct. 2026). “The court noted that only the State’s Attorney had the authority to bring a motion for resentencing under section 122-9 of the Code of Criminal Procedure (725 ILCS 5/122-9 (West 2022)). Mr. Suarez appealed but subsequently moved to dismiss his appeal, acknowledging that he had…”
People v. Johnson, 2026 IL App (5th) 250288-U (Ill. App. Ct. 2026). “7 ¶ 28 In February 2024 the defendant filed pro se a “motion for resentencing consideration” under section 122-9 of the Code of Criminal Procedure of 1963 (725 ILCS 5/122-9 (West 2022)). The trial court entered a written order dismissing the motion for resentencing.”
— 725 ILCS 5/122-9(a) — 2 cases
People v. Harrison, 2023 IL App (4th) 220371-U (Ill. App. Ct. 2023). “¶ 13 At the hearing on defendant’s motion, the State argued both the trial court lacked jurisdiction and a defendant does not have standing to file a motion for reduction of sentence pursuant to section 122-9 of the Post-Conviction Hearing Act (Act).”
People v. Johnson, 2024 IL App (5th) 240477-U (Ill. App. Ct. 2024). “ORDER ¶1 Held: The circuit court did not err in dismissing the defendant’s motion for sentencing relief brought under 725 ILCS 5/122-9, which permits only the State’s Attorney, not the defendant, to petition the court for resentencing.”
— 725 ILCS 5/122-9(b) — 2 cases
People v. Weis, 2023 IL App (5th) 220466-U (Ill. App. Ct. 2023). “725 ILCS 5/122-9(b) (West 2022). The statute’s plain language thus means that defendant did not have the right to seek resentencing thereunder.”
People v. Johnson, 2024 IL App (5th) 240477-U (Ill. App. Ct. 2024). “ORDER ¶1 Held: The circuit court did not err in dismissing the defendant’s motion for sentencing relief brought under 725 ILCS 5/122-9, which permits only the State’s Attorney, not the defendant, to petition the court for resentencing.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.