Motion to Reconsider Sentence

TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Reconsideration
5. Mitigating Factors
6. Rehabilitation Evidence
7. Proposed Modified Sentence
8. Legal Authority
9. Proposed Order
10. Certificate of Service
11. State-Specific Notes

Caption

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ILLINOIS

[________________________________] JUDICIAL CIRCUIT

Motion Header

DEFENDANT'S MOTION TO RECONSIDER SENTENCE

NOW COMES the Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], and pursuant to 730 ILCS 5/5-4.5-50, respectfully moves this Honorable Court to reconsider the sentence imposed on [__/__/____], and in support thereof states as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. IDOC Number (if applicable): [________________________________]

3. Date of Sentencing: [__/__/____]

4. Sentencing Judge: Hon. [________________________________]

5. Offense(s) of Conviction:

6. Plea Entered: ☐ Guilty ☐ Not Guilty ☐ Stipulated Bench Trial

7. Sentence Imposed: [________________________________]

8. Sentencing Range for Offense: [________________________________]

9. Filing Deadline (30 days from sentencing): [__/__/____]

Grounds for Reconsideration

Defendant respectfully requests this Court reconsider the sentence imposed on the following grounds:

☐ A. Excessive or Disproportionate Sentence. The sentence imposed is excessive and does not reflect an appropriate balance of the statutory sentencing factors: [________________________________]

☐ B. Sentencing Error. The Court committed error in imposing the sentence, specifically: [________________________________]

☐ C. Illegal Sentence. The sentence exceeds the statutory maximum or is otherwise unlawful: [________________________________]

☐ D. New Information. Information not available at sentencing is now available that bears on the appropriateness of the sentence: [________________________________]

☐ E. Change in Controlling Law. A recent change in law affects the sentence imposed: [________________________________]

☐ F. Inaccurate Information. The sentence was based on inaccurate information in the presentence investigation report or other materials: [________________________________]

☐ G. Credit for Time Served. The sentence failed to include proper credit for time served in custody: [________________________________]

☐ H. Cooperation with Authorities. Defendant has provided substantial cooperation with law enforcement: [________________________________]

Mitigating Factors

The following statutory and nonstatutory mitigating factors support a reduced sentence (730 ILCS 5/5-5-3.1):

☐ Defendant's conduct neither caused nor threatened serious physical harm

☐ Defendant did not contemplate that the conduct would cause or threaten serious physical harm

☐ Defendant acted under strong provocation

☐ Substantial grounds tending to excuse or justify Defendant's conduct

☐ Defendant's criminal conduct was the result of circumstances unlikely to recur

☐ Character and attitude indicate Defendant is unlikely to commit another crime

☐ Imprisonment would entail excessive hardship to dependents

☐ Defendant was [____] years old at the time of the offense

☐ Defendant's current age: [________________________________]

☐ Defendant's prior criminal history: [________________________________]

☐ Defendant has a history of mental illness or disability: [________________________________]

☐ Defendant has a history of substance abuse (now addressed): [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Defendant presents the following evidence of rehabilitation:

A. Programs Completed:

B. Employment and Vocational Training:

[________________________________]

C. Educational Achievements:

[________________________________]

D. Community Ties and Reentry Plan:

[________________________________]

E. Support Letters:

☐ Letters from family members (number attached: [____])

☐ Letters from community members (number attached: [____])

☐ Letters from treatment providers (number attached: [____])

☐ Letters from prospective employers (number attached: [____])

F. Disciplinary Record:

[________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court impose the following modified sentence:

[________________________________]

Legal Authority

A. 730 ILCS 5/5-4.5-50 — Provides that a motion to reduce a sentence may be made within 30 days of sentencing. The court may also reduce a sentence on its own motion within 30 days. A timely motion suspends finality for purposes of perfecting an appeal.

B. Ill. Sup. Ct. R. 604(d) — Requires that before a defendant may appeal a judgment entered on a guilty plea, the defendant must file a motion to reconsider the sentence within 30 days. Issues not raised in this motion are waived on appeal.

C. Ill. Sup. Ct. R. 606 — Governs the timing of notices of appeal. A timely motion to reconsider sentence tolls the appeal period.

D. People v. Dyas, 2025 IL 130082 — Clarifies that the Motion to Reconsider Sentence is the only motion that tolls the time for filing a criminal Notice of Appeal.

E. Additional Authority:

[________________________________]

Proposed Order

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ILLINOIS

Case No.: [________________________________]

ORDER ON MOTION TO RECONSIDER SENTENCE

This cause coming on to be heard on Defendant's Motion to Reconsider Sentence, the Court having considered the motion, the arguments of counsel, and the evidence presented:

IT IS HEREBY ORDERED that:

☐ The motion is GRANTED. The sentence imposed on [__/__/____] is vacated and Defendant is resentenced as follows: [________________________________]

☐ The motion is DENIED.

ENTERED: [__/__/____]

_________________________________________
Hon. [________________________________]
Circuit Judge

Certificate of Service

I, [________________________________], hereby certify that on [__/__/____], I caused a true and correct copy of the foregoing Motion to Reconsider Sentence to be served on the following:

☐ Personal service
☐ United States Mail, first class, postage prepaid
☐ Electronic filing via [________________________________]

[________________________________] County State's Attorney's Office
[________________________________]
[________________________________]
[________________________________]

Dated: [__/__/____]

_________________________________________
[________________________________]
Attorney for Defendant
ARDC No.: [________________________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Filing Deadline: The motion must be filed within 30 days of the date sentence is imposed. 730 ILCS 5/5-4.5-50. The court may also reduce a sentence on its own motion within this same 30-day window.

Prerequisite for Appeal: Under Rule 604(d), a defendant who pleads guilty must file a motion to reconsider sentence within 30 days as a prerequisite to appealing the sentence. Defense counsel must also file a Rule 604(d) certificate stating that counsel has consulted with the defendant, examined the trial court file and report of proceedings, and made any amendments necessary to adequately present every ground for which the sentence should be reconsidered.

Tolling Effect: A timely motion to reconsider sentence suspends finality of the judgment and tolls the time for filing a notice of appeal. The appeal period begins to run from the date the court rules on the motion. This is the only criminal motion that tolls the appeal period. People v. Dyas, 2025 IL 130082.

Distinction from Appeal: This motion is heard by the sentencing court (circuit court), not an appellate court. Issues not raised in this motion are generally waived on appeal.

Relationship to Post-Conviction Relief: After the 30-day window closes, defendants may seek relief through the Post-Conviction Hearing Act (725 ILCS 5/122-1 et seq.), which addresses constitutional violations. The PCHA has its own filing deadlines and procedural requirements.

Affidavit Requirement: When the motion is based on facts not of record, it must be supported by affidavit. Pro se defendants filing from a correctional institution may submit a certification under 735 ILCS 5/1-109 in lieu of a notarized affidavit.