CHICAGO — Advocates for domestic violence survivors in Illinois are celebrating a significant legislative victory following the recent signing of a bill by Governor JB Pritzker. This new law facilitates reduced sentences for incarcerated individuals with histories of abuse, allowing them to present their cases for resentencing.
House bill sponsor Rep. Kelly Cassidy, a long-time proponent of legislation supporting survivors of gender-based violence, emphasized the importance of this bill, which provides an opportunity for women sentenced without consideration of their abusive backgrounds to tell their stories in court.
“We can write all the laws in the world, but until we value women’s lives and believe their experiences, the tragedies will continue,” Cassidy stated.
Illinois joins a small group of states with similar resentencing laws, alongside New York, California, and Oklahoma, where reforms are in progress. Advocacy groups have successfully pushed for these legislative changes, positioning Illinois as a model for other jurisdictions.
Cassidy’s commitment to reform is personal; having grown up in an abusive household, she previously worked at Cook County State’s Attorney Office, focusing on programs to support domestic violence victims at risk of escalation.
Research from the National Online Resource Center on Violence Against Women indicates that women who experience abuse are significantly more likely to be incarcerated than those who do not. This disparity disproportionately affects women and girls of color, according to findings from a Temple University professor.
Advocates assert that many incarcerated women acted in self-defense or were coerced into crime, noting that survivors of sex trafficking often face charges related to prostitution.
The Illinois legislature has been tackling this issue since 2015, when it first permitted judges to reduce sentences for domestic violence survivors whose backgrounds were overlooked during sentencing. However, the prior law’s implementation was limited, prompting Cassidy to create broader eligibility for sentencing relief in her recent legislation, which now encompasses survivors of trafficking and various types of violence.
Significantly, Cassidy and Sen. Robert Peters addressed a crucial loophole preventing those who entered guilty pleas from benefiting from resentencing, leading to the passage of the new legislation.
Despite past challenges, advocates are optimistic that the updated laws will result in increased success rates for women seeking new sentences. These legislative advancements underscore a collective effort among Illinois lawmakers to support survivors of gender-based violence.
While similar laws are being considered in other states, some opposition remains. Critics assert that the justice system’s integrity must be upheld despite the advocacy efforts for resentencing.
Cassidy remains dedicated to further reforms in Illinois, planning to introduce new bills aimed at improving the protocols of the Illinois Prison Review Board, ensuring that survivors can submit statements and receive timely notifications about hearings concerning their abusers.
The ongoing fight for comprehensive support systems, including a proposed fund to aid survivors in safely relocating following their abuser’s release, reflects a commitment to trauma-informed and gender-responsive approaches in legislation.
“Investing in intentional, trauma-informed policies is vital for making a meaningful difference in the lives of survivors,” Cassidy concluded.
