Q: How to challenge truth-in-sentencing law in IL?
I want to file a petition for injunctive relief to challenge the truth-in-sentencing law under which a person I know was sentenced. This law reportedly violates the single subject clause of the Illinois Constitution of 1970 (Article IV, Section 8(d)). The person is currently serving their sentence and has completed 2 years under the 85% requirement, with 11 years left, an out date of March 2036. No legal actions or motions have been previously filed, and this is the initial step in seeking legal advice. Additionally, I'm uncertain if filing this petition is the correct avenue for having his sentence amended or thrown out.
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A:
You may consider challenging the truth-in-sentencing law by filing a petition for injunctive relief, arguing that the law violates the single subject clause of the Illinois Constitution of 1970, Article IV, Section 8(d). Your petition should clearly explain how the law’s structure creates a constitutional issue that undermines the fairness of the sentencing process.
You might include an analysis of relevant case law and legislative history to support your interpretation of the constitutional provision. It will be important to demonstrate that the law imposes an undue burden or procedural unfairness in the sentencing.
Before moving forward, review Illinois court procedures to confirm that filing a petition is the proper legal avenue for seeking a sentence amendment or reversal. Draft your petition with thorough legal research and detailed argumentation, and seek additional guidance to ensure your strategy aligns with current legal standards.
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