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HB 4258

Illinois HouseHouse Floor Calendar

Summary

HB 4258, “EMERGING ADULT SENTENCING”, was introduced in the House on Dec 19, 2025 by Rep. Rita Mayfield (D). It was referred to Rules, and last saw action on Apr 17, 2026: House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee.


Record

Text

HB 4258 has 2 roll calls.

hb4258/introduced.txt
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Full Text of HB4258
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HB4258 - 104th General Assembly
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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
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Emerging Adult Sentencing Act.
Section 5. Purpose. The purpose of this Act is to create a
transformative post-conviction model that reduces reliance on
traditional incarceration for emerging adults by fostering
partnerships between adult probation departments and
nonprofit, community-based residential workforce development
centers to implement restorative justice practices, workforce
training, and mental health support. This Act recognizes that
young adults aged 18 through 25 are more likely to be justice
involved due to poverty, instability, trauma, and a lack of
social and emotional services and support. Young adults who
receive holistic, developmentally appropriate supports and
services in a community setting continue educational pursuits,
successfully enter the workforce, and are less likely to
reoffend, thus increasing the welfare of the young adult and
the community, rather than those who are incarcerated. This
Act recognizes that the qualities that distinguish juveniles
from adults do not disappear when an individual turns 18. They
remain vulnerable to negative influences and outside peer
HB4258 - 2 - LRB104 16940 RLC 30354 b
pressures, including from their families and peers, and they
have limited control over their own environment. Because the
characters of emerging adults are still being formed, their
traits are less fixed and their actions are less likely to be
evidence of a lack of rehabilitative potential. Accordingly,
emerging adults are worthy of special care, investment, and
consideration so as to prevent long-term involvement in the
criminal justice system and the psychological damage caused by
carceral settings. This policy is grounded in balanced
restorative justice values and practices, that seek to improve
community safety by considering the welfare of the emerging
adult with a focus on connecting emerging adults to supports
that address underlying root causes of behavior instead of
punitive measures.
Section 10. Definitions. In this Act:
"Emerging adult" means an individual who is at least 18
years of age but under 26 years of age, at the time of the
commission of the offense, who has been convicted of a crime
that is non-probationable and is eligible for confinement in a
penal institution.
"Individualized service plan" means the written details of
the developmentally appropriate supports, activities, and
resources required for the individual to achieve personal
goals, which could include workforce development, mental
health counseling, substance abuse counseling, educational
HB4258 - 3 - LRB104 16940 RLC 30354 b
classes, financial literacy classes, and restorative justice
programming that a defendant will receive during the term of
the person's stay.
"Initial assessment" means a detailed evaluation of a
person's behavioral health used to diagnose conditions,
identify strengths and needs, and develop treatment plans such
as provided through the use of standardized assessment tools
such as the Illinois Medicaid Comprehensive Assessment of
Needs and Strengths.
"Mitigation report" means a report that outlines the
social and educational history of a person, which also
includes employment history, mental health diagnosis and
individualized service plans, history of or current substance
use and treatment, criminal history, and character references.
"Penal institution" has the meaning ascribed to the term
in Section 2-14 of the Criminal Code of 2012.
"Residential workforce development center" means a
nonprofit organization that provides transitional housing and
on-site facilitation of workforce development services
including employment and vocational training, financial
counseling, education, social and mental health services,
substance abuse counseling, individual and family counseling,
restorative justice programming, assistance in locating
permanent residential placement and obtaining suitable
employment or educational pursuits upon release, and any other
services as appropriate to emerging adults.
HB4258 - 4 - LRB104 16940 RLC 30354 b
"Restorative justice programming" means practices or
programming designed to contribute to the emotional
development of a defendant and foster meaningful connections
to the community.
"Transitional housing" means single occupancy housing in a
facility not otherwise open to and accessible by the public
that is equipped with video monitoring, residential managers,
24-hour on-site staffing and monitoring, visitation
restrictions, and a curfew; and that provides residents with
on-site meals, laundry services, basic living necessities
including personal care items, and health and wellness
facilities and services.
Section 15. Establishment of emerging adult sentencing.
(a) Community-based residential workforce development
centers shall offer transitional housing and developmentally
appropriate services including, but not limited to, workforce
training and certification, mental health counseling,
financial literacy classes, and restorative justice
programming in alignment with State guidelines, and shall have
and maintain the appropriate certifications, licenses, and
accreditations for all provided services, which shall be
provided to the adult probation department and included in the
mitigation packet submitted to the court.
(b) The program shall be subject to judicial discretion,
allowing sentencing judges to assign eligible individuals to
HB4258 - 5 - LRB104 16940 RLC 30354 b
community-based residential workforce development centers
while on a period of probation in lieu of a period of
incarceration at the Department of Corrections.
(c) Community-based residential workforce development
centers shall provide annual reports to the adult probation
department detailing aggregate performance and impact metrics.
Section 20. Eligible persons.
(a) Notwithstanding the provisions set forth in Section
5-5-3 of the Unified Code of Corrections, this Act applies to
persons ages 18 through 25 at the time of the commission of the
offense who are convicted of the following felony offenses in
which a period of incarceration must be imposed, other than a
sentence of natural life:
(1) any non-violent felony offense in which a period
of incarceration must be imposed upon conviction;
(2) aggravated unlawful possession of a weapon;
(3) unlawful possession of weapons by felons;
(4) residential burglary;
(5) probationable felony offenses in which a period of
incarceration other than natural life must be imposed upon
conviction based upon the criminal history of the
defendant, except sex offenses as defined in Section 2 of
the Sex Offender Registration Act; and
(6) any felony offense in which the court finds
exceptional circumstances exist for purposes of sentencing
HB4258 - 6 - LRB104 16940 RLC 30354 b
under this Act, except for first degree murder and sex
offenses as defined in Section 2 of the Sex Offender
Registration Act.
(b) Prior criminal history shall not preclude eligibility
for sentencing under this Act.
Section 25. Sentencing.
(a) 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 this 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. The
defendant shall be monitored by the adult probation
department. The conditions of probation are that the
defendant:
(1) not violate any criminal statute of this 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.
All fines, fees, and costs shall be waived for any
defendant sentenced to a community-based residential workforce
HB4258 - 7 - LRB104 16940 RLC 30354 b
development center under this Act.
(b) Prior to imposing a sentence of probation under this
Act, the defendant shall submit a mitigation report to the
court and the court may, upon its own order, also obtain a
Presentence Investigation Report. The defendant must also
obtain and provide proof of acceptance to a community-based
workforce development center and submit an individualized
service plan to the court based upon an initial assessment
provided by a licensed professional.
(c) In determining whether to impose a sentence under this
Act, the court shall take into consideration the following:
(1) the age, immaturity, or limited mental capacity of
the defendant;
(2) the nature and circumstances of the offense;
(3) whether sentencing under this Act is in the
interest of the defendant's rehabilitation, including any
employment or involvement in community, educational,
training, or vocational programs as detailed in the
individualized service plan;
(4) whether the defendant suffers from trauma, as
supported by documentation or evaluation by a licensed
professional; and
(5) the potential risk to public safety.
(d) The court shall make a detailed record of its findings
when imposing or declining to impose sentencing under this Act
for any eligible persons.
HB4258 - 8 - LRB104 16940 RLC 30354 b
(e) Upon successful fulfillment of the terms and
conditions of probation, the court shall discharge the
defendant from probation. If the person's sentence has not
been vacated under this Section, 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. Unless good cause is
shown, the motion to vacate must be filed at any time from the
date of entry of the judgment to a date that is not more than
60 days after the discharge from probation.
Section 30. Progress reports. The adult probation
department shall submit a written status report to the court,
to the State, and to the defense, detailing the progress of the
defendant:
(1) 90 days after initial sentencing;
(2) upon completion of the probation period or the
fulfillment of the terms of the individualized service
plan; or
(3) any time upon request of the court.
Section 35. Violation, modification, and revocation of
probation.
(a) Upon violation of a term or condition of the program,
HB4258 - 9 - LRB104 16940 RLC 30354 b
the court may enter a judgment on its original finding of guilt
and proceed as otherwise provided by law.
(b) The court shall consider least restrictive
alternatives prior to imposing a sentence of incarceration
upon a revocation of the sentence of probation.
Section 99. Effective date. This Act takes effect upon
becoming law.

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.

Sponsors

Rep. Rita Mayfield (D) sponsors HB 4258 alone.

Committees

HB 4258 went before 2 committees: Rules and Restorative Justice & Public Safety.

Rules
Rules
Referred to · Jan 14, 2026 · 5,290 Bills
Restorative Justice & Public Safety
Restorative Justice & Public Safety
Referred to · Mar 12, 2026

History

HB 4258 has taken 20 actions since Dec 19, 2025, the latest on Apr 17, 2026.

ChamberAction
Apr 17, 2026
House
Rule 19(a) / Re-referred to Rules Committee
Apr 17, 2026
House
House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
Apr 17, 2026
House
House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee
Apr 16, 2026
House
House Floor Amendment No. 2 Recommends Be Adopted Restorative Justice & Public Safety Committee; 007-003-000
Apr 16, 2026
House
House Floor Amendment No. 3 Filed with Clerk by Rep. Rita Mayfield

Votes

HB 4258 went to 2 roll calls in the House, the latest on Apr 16, 2026 at 73.

ChamberQuestion
Yea
Nay
Apr 16, 2026
House
House Restorative Justice & Public Safety Committee
7
3
Mar 26, 2026
House
House Restorative Justice & Public Safety Committee
6
4

Source: ilga.gov · legiscan.com