Amended Post-Conviction Act for People Sentenced as Youth

Public Act 104-564 eliminates the “cause” requirement for people 20 years old and younger filing a successive post-conviction petition claiming their sentence violates the Illinois Constitution. Filing more than one post-conviction petition requires individuals to demonstrate both cause and prejudice, and is nearly impossible. Cause explains the individual’s failure to raise the claim in their previous post-conviction proceedings, while prejudice is the violation of due process.

This law establishes consistency by allowing those who filed their first post-conviction petition before Miller v. Alabama to petition to have their sentences reviewed a subsequent time under modern sentencing standards—including youthful factors like brain development, which help satisfy the “cause” requirement. This gives people sentenced as youth an opportunity to have their sentence considered in light of the Supreme Court’s monumental ruling.