The purpose of the Abuse Neglect Division is to protect the children of Kane County. The unit is comprised of 3 attorneys and two administrative assistants. Generally, our cases result from an investigation by the Illinois Department of Children and Family Services where DCFS has determined a child to be abused, neglected, or dependent. At that time, DCFS contacts our office to screen the case or to let us know that they have taken protective custody. In addition to cases being referred by DCFS, we also commonly have cases referred from law enforcement, service providers, probate courts, and juvenile delinquency courts.
Regardless of who refers the case for our attention, the Abuse & Neglect Unit reviews the facts and determines whether a petition should be filed to bring the case into court. While the case is pending, minors are typically placed in a foster home (either relative or traditional) until the parents can rectify the issues that brought the minor into care.
The mission of the Abuse & Neglect unit is to protect children. The goal of the abuse & neglect court is to provide the necessary services to the family to correct the conditions that brought the case into court so the family can be successfully reunited. The secondary goal of the courtroom is to provide permanency in a loving home to minors who cannot be safely returned to their parents.
Resentencing
In accordance with 725 ICLS 5/122-9, Kane County State’s Attorney Jamie L. Mosser sets forth the Kane County State’s Attorney’s Office Resentencing Policy. The following are the criteria established by the Kane County State’s Attorney’s Office in assessing which cases will be reviewed. These criteria will be periodically reviewed and may be modified in the future if warranted.
Qualifications
Convicted persons age 21 or over at the time of the offense who have served at least 50% of their sentence (after Truth in Sentencing computation by IDOC) can apply to have their case reviewed. Some exclusions apply.
Convicted persons under the age of 21 at the time of the offense who have served at least 50% of their sentence (after Truth in Sentencing computation by IDOC), or 10 years can apply to have their case reviewed. Some exclusions apply.
Process
First, the initial application found on the Kane County State’s Attorney website, under 725 ILCS 5/122-9; Resentencing must be received by the Kane County State’s Attorney’s Office.
Second, the completed application can be emailed or mailed to the Kane County State’s Attorney’s Office 2129 Resentencing Unit.
Kane County State’s Attorney’s Office
Resentencing Unit
37W777 Route 38, Suite 300
St. Charles, IL, 60175
Once a review of the initial application is complete, the Kane County State’s Attorney’s Office Resentencing Unit will determine if the application meets the initial qualification requirements and move to the next stage. If initial qualifications are not met, you will not receive any further correspondence from the Resentencing Unit.
If the initial qualification requirements are met, the Unit will ask the convicted person/defendant or their representative to provide all mitigating and supporting documentation that will help the Resentencing Unit assess the convicted person and request that a petition for resentencing be filed on their behalf.
The Resentencing Unit will complete a thorough review of all documentation provided by the convicted person, including their disciplinary records.
The convicted person will be notified of the decision of whether the Resentencing Unit will file a petition on their behalf.
The decision will be:
- A resentencing petition will be filed on the convicted person’s behalf.
- A resentencing petition will not be filed on the convicted person’s behalf and no further action will be taken by the Resentencing Unit (this decision is not appealable).
- If applicable, a convicted person may reapply once they either meet the initial qualifications set forth above (length of time served of their sentence) and/or new mitigating and supporting information is available..
The Court, after receiving the petition for re-sentencing prepared by the Kane County State’s Attorney’s Office may resentence the convicted person after a resentencing hearing in the same manner as if the defendant had not previously been sentenced.
Factors
These factors will be considered by the Kane County State’s Attorney’s Office in its evaluation of which cases qualify and warrant a petition for Resentencing. Inmate’s complete disciplinary record. Record of post-offense rehabilitation (efforts and rehabilitation while incarcerated).
Any information and documentation that addresses factors that reflect future risk of re-offending, such as:
- Age
- Time served
- Serious health concerns
- Education efforts and accomplishments achieved with incarcerated
- Gang affiliations (pre and post-incarceration)
- ACES (Adverse Childhood Experience) questionnaire
- Job skills and/or training post-incarceration
- Ties to the community
- Family support
- These factors are carefully considered in assessing a convicted person’s risk for future violence or re-offending.
Disqualifiers
- Persons convicted of any of the following are disqualified and not eligible to apply
- Sex crime
- Homicide/Murder (not a disqualifier if convicted by the theory of accountability).
- Attempt Homicide (not a disqualifier if convicted by the theory of accountability).
- Crime where a mandatory life sentence was imposed.
Exclusions
A case-by-case analysis that takes into account cooperation agreements, minimum sentences imposed, and any other relevant factors.
