093_HB3332

 
                                     LRB093 10340 RLC 10594 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section   5.   The Unified Code of Corrections is amended
 5    by changing Sections 3-3-2 and 5-5-5 and adding  Article  5.5
 6    to Chapter V as follows:

 7        (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
 8        Sec. 3-3-2.  Powers and Duties.
 9        (a)  The  Parole  and  Pardon  Board is abolished and the
10    term "Parole  and  Pardon  Board"  as  used  in  any  law  of
11    Illinois,  shall  read  "Prisoner  Review  Board."  After the
12    effective date of this amendatory Act of 1977,  the  Prisoner
13    Review Board shall provide by rule for the orderly transition
14    of all files, records, and documents of the Parole and Pardon
15    Board  and for such other steps as may be necessary to effect
16    an orderly transition and shall:
17             (1)  hear by at least one member and through a panel
18        of at least 3 members decide, cases of prisoners who were
19        sentenced under the law in effect prior to the  effective
20        date of this amendatory Act of 1977, and who are eligible
21        for parole;
22             (2)  hear by at least one member and through a panel
23        of  at  least  3 members decide, the conditions of parole
24        and the time of discharge from parole,  impose  sanctions
25        for  violations  of  parole,  and revoke parole for those
26        sentenced  under  the  law  in  effect  prior   to   this
27        amendatory  Act  of  1977;  provided that the decision to
28        parole and the conditions of parole for all prisoners who
29        were sentenced for first degree murder or who received  a
30        minimum  sentence  of  20  years or more under the law in
31        effect prior to February 1, 1978 shall be determined by a
 
                            -2-      LRB093 10340 RLC 10594 b
 1        majority vote of the Prisoner Review Board;
 2             (3)  hear by at least one member and through a panel
 3        of at least 3 members decide, the conditions of mandatory
 4        supervised  release  and  the  time  of  discharge   from
 5        mandatory   supervised   release,  impose  sanctions  for
 6        violations of mandatory supervised  release,  and  revoke
 7        mandatory  supervised  release  for those sentenced under
 8        the law in  effect  after  the  effective  date  of  this
 9        amendatory Act of 1977;
10             (4)  hear  by  at least 1 member and through a panel
11        of at least  3  members,  decide  cases  brought  by  the
12        Department  of  Corrections  against  a  prisoner  in the
13        custody  of  the  Department  for  alleged  violation  of
14        Department rules with respect  to  good  conduct  credits
15        pursuant  to  Section  3-6-3  of  this  Code in which the
16        Department seeks to revoke good conduct credits,  if  the
17        amount  of  time at issue exceeds 30 days or when, during
18        any 12 month period,  the  cumulative  amount  of  credit
19        revoked  exceeds  30  days except where the infraction is
20        committed or  discovered  within  60  days  of  scheduled
21        release. In such cases, the Department of Corrections may
22        revoke  up  to  30 days of good conduct credit. The Board
23        may subsequently approve  the  revocation  of  additional
24        good  conduct  credit,  if the Department seeks to revoke
25        good conduct credit in excess of  thirty  days.  However,
26        the   Board   shall   not  be  empowered  to  review  the
27        Department's decision with respect to the loss of 30 days
28        of good conduct credit for any prisoner  or  to  increase
29        any   penalty   beyond   the   length  requested  by  the
30        Department;
31             (5)  hear by at least one member and through a panel
32        of at least 3  members  decide,  the  release  dates  for
33        certain  prisoners  sentenced  under the law in existence
34        prior to the effective date of  this  amendatory  Act  of
 
                            -3-      LRB093 10340 RLC 10594 b
 1        1977, in accordance with Section 3-3-2.1 of this Code;
 2             (6)  hear by at least one member and through a panel
 3        of  at  least  3 members decide, all requests for pardon,
 4        reprieve   or   commutation,   and   make    confidential
 5        recommendations to the Governor;
 6             (7)  comply with the requirements of the Open Parole
 7        Hearings Act; and
 8             (8)  hear  by  at  least  one  member and, through a
 9        panel of at least 3 members, decide cases brought by  the
10        Department  of  Corrections  against  a  prisoner  in the
11        custody of  the  Department  for  court  dismissal  of  a
12        frivolous  lawsuit  pursuant  to Section 3-6-3(d) of this
13        Code in which the Department seeks to revoke  up  to  180
14        days  of good conduct credit, and if the prisoner has not
15        accumulated 180 days of good conduct credit at  the  time
16        of   the   dismissal,   then   all  good  conduct  credit
17        accumulated by the prisoner shall be revoked; and.
18             (9)  hear by at least 3 members, and through a panel
19        of at least 3 members, decide  as  to  whether  to  grant
20        certificates  of relief from disabilities or certificates
21        of good conduct as provided in Article 5.5 of Chapter V.
22        (a-5)  The Prisoner Review Board, with the cooperation of
23    and in coordination with the Department  of  Corrections  and
24    the   Department   of   Central  Management  Services,  shall
25    implement a pilot  project  in  3  correctional  institutions
26    providing  for  the  conduct of hearings under paragraphs (1)
27    and (4) of subsection (a) of this Section through interactive
28    video conferences.  The project shall be implemented within 6
29    months after the effective date of  this  amendatory  Act  of
30    1996.   Within 6 months after the implementation of the pilot
31    project, the Prisoner Review Board, with the  cooperation  of
32    and  in  coordination  with the Department of Corrections and
33    the Department of Central Management Services,  shall  report
34    to  the  Governor and the General Assembly regarding the use,
 
                            -4-      LRB093 10340 RLC 10594 b
 1    costs, effectiveness, and  future  viability  of  interactive
 2    video conferences for Prisoner Review Board hearings.
 3        (b)  Upon  recommendation of the Department the Board may
 4    restore good conduct credit previously revoked.
 5        (c)  The Board shall cooperate  with  the  Department  in
 6    promoting   an  effective  system  of  parole  and  mandatory
 7    supervised release.
 8        (d)  The Board shall promulgate rules for the conduct  of
 9    its  work,  and  the Chairman shall file a copy of such rules
10    and any amendments thereto with the  Director  and  with  the
11    Secretary of State.
12        (e)  The  Board shall keep records of all of its official
13    actions and shall make them accessible in accordance with law
14    and the rules of the Board.
15        (f)  The Board or one  who  has  allegedly  violated  the
16    conditions  of his parole or mandatory supervised release may
17    require by subpoena the attendance and testimony of witnesses
18    and the production of documentary evidence  relating  to  any
19    matter  under  investigation  or hearing. The Chairman of the
20    Board may sign subpoenas which shall be served by  any  agent
21    or  public  official authorized by the Chairman of the Board,
22    or by any person lawfully  authorized  to  serve  a  subpoena
23    under  the  laws  of the State of Illinois. The attendance of
24    witnesses, and the production of documentary evidence, may be
25    required from any place in the State to a hearing location in
26    the State before the Chairman of the Board or his  designated
27    agent   or  agents  or  any  duly  constituted  Committee  or
28    Subcommittee of the Board.  Witnesses so  summoned  shall  be
29    paid the same fees and mileage that are paid witnesses in the
30    circuit  courts of the State, and witnesses whose depositions
31    are taken and the persons taking those depositions  are  each
32    entitled  to  the  same fees as are paid for like services in
33    actions in the circuit courts of the State. Fees and  mileage
34    shall be vouchered for payment when the witness is discharged
 
                            -5-      LRB093 10340 RLC 10594 b
 1    from further attendance.
 2        In  case  of  disobedience  to  a subpoena, the Board may
 3    petition  any  circuit  court  of  the  State  for  an  order
 4    requiring the attendance and testimony of  witnesses  or  the
 5    production  of  documentary  evidence or both. A copy of such
 6    petition shall be served by personal service or by registered
 7    or certified mail upon the person who has failed to obey  the
 8    subpoena,  and such person shall be advised in writing that a
 9    hearing upon the petition will be requested in a  court  room
10    to  be  designated  in  such  notice before the judge hearing
11    motions or extraordinary remedies at a specified time,  on  a
12    specified  date, not less than 10 nor more than 15 days after
13    the deposit of the copy of the written notice and petition in
14    the U.S. mails addressed to the  person  at  his  last  known
15    address  or  after  the  personal  service of the copy of the
16    notice and petition upon such  person.  The  court  upon  the
17    filing  of  such a petition, may order the person refusing to
18    obey the subpoena to appear at an investigation  or  hearing,
19    or  to  there produce documentary evidence, if so ordered, or
20    to give evidence relative  to  the  subject  matter  of  that
21    investigation  or  hearing. Any failure to obey such order of
22    the circuit court may be punished by that court as a contempt
23    of court.
24        Each  member  of  the  Board  and  any  hearing   officer
25    designated  by  the  Board shall have the power to administer
26    oaths and to take the testimony of persons under oath.
27        (g)  Except under  subsection  (a)  of  this  Section,  a
28    majority of the members then appointed to the Prisoner Review
29    Board  shall  constitute  a quorum for the transaction of all
30    business of the Board.
31        (h)  The Prisoner Review Board shall annually transmit to
32    the Director a detailed report of its work for the  preceding
33    calendar year. The annual report shall also be transmitted to
34    the Governor for submission to the Legislature.
 
                            -6-      LRB093 10340 RLC 10594 b
 1    (Source:  P.A.  90-14,  eff.  7-1-97;  91-798,  eff.  7-9-00;
 2    91-946, eff. 2-9-01.)

 3        (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
 4        Sec. 5-5-5. Loss and Restoration of Rights.
 5        (a)  Conviction and disposition shall not entail the loss
 6    by the defendant of  any  civil  rights,  except  under  this
 7    Section  and Sections 29-6 and 29-10 of The Election Code, as
 8    now or hereafter amended.
 9        (b)  A person convicted of a felony shall  be  ineligible
10    to  hold  an office created by the Constitution of this State
11    until the completion of his sentence.
12        (c)  A person sentenced to imprisonment  shall  lose  his
13    right to vote until released from imprisonment.
14        (d)  On  completion  of  sentence of imprisonment or upon
15    discharge from probation, conditional discharge  or  periodic
16    imprisonment,  or  at any time thereafter, all license rights
17    and privileges granted under  the  authority  of  this  State
18    which have been revoked or suspended because of conviction of
19    an  offense  shall  be  restored  unless the authority having
20    jurisdiction of such license rights finds after investigation
21    and hearing that restoration is not in the  public  interest.
22    This  paragraph  (d)  shall  not  apply  to the suspension or
23    revocation of a license to operate a motor vehicle under  the
24    Illinois Vehicle Code.
25        (e)  Upon  a  person's  discharge  from  incarceration or
26    parole, or upon a person's discharge from probation or at any
27    time thereafter, the committing  court  may  enter  an  order
28    certifying   that   the   sentence  has  been  satisfactorily
29    completed when the court believes  it  would  assist  in  the
30    rehabilitation  of  the  person  and  be  consistent with the
31    public welfare. Such order may be entered upon the motion  of
32    the defendant or the State or upon the court's own motion.
33        (f)  Upon  entry  of  the order, the court shall issue to
 
                            -7-      LRB093 10340 RLC 10594 b
 1    the person in whose  favor  the  order  has  been  entered  a
 2    certificate  stating  that  his behavior after conviction has
 3    warranted the issuance of the order.
 4        (g)  This  Section  shall  not  affect  the  right  of  a
 5    defendant to collaterally attack his conviction or to rely on
 6    it in bar of subsequent proceedings for the same offense.
 7        (h)  Relief from forfeitures and disabilities imposed  by
 8    law may also be granted under Article 5.5 of this Chapter V.
 9    (Source: P.A. 86-558.)

10        (730 ILCS 5/Chap. V, Art. 5.5 heading new)
11        ARTICLE  5.5.  DISCRETIONARY  RELIEF FROM FORFEITURES AND
12    DISABILITIES AUTOMATICALLY IMPOSED BY LAW

13        (730 ILCS 5/5-5.5-5 new)
14        Sec. 5-5.5-5. Definitions and rules of  construction.  In
15    this Article:
16        "Eligible  offender"  shall  mean  a  person who has been
17    convicted of a crime or of an offense, but who has  not  been
18    convicted more than once of a felony.
19        "Eligible  offender"  does  not  include a person who has
20    been convicted of or placed on supervision for a violation of
21    Section 11-501 of the Illinois  Vehicle  Code  or  a  similar
22    provision of a local ordinance; (2) a violation of Article 11
23    of  the  Criminal  Code  of  1961  or  Section  12-13, 12-14,
24    12-14.1, 12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, or 12-33 of
25    the Criminal Code of 1961; (3) a violation of Article  24  of
26    the  Criminal  Code  of 1961.  (4) a violation of the Firearm
27    Owners Identification Card Act; (5) a crime  of  violence  as
28    defined  in  Section 2 of the Crime Victims Compensation Act,
29    or (6) permitting sexual abuse of a child under  Section  5.1
30    of the Wrongs to Children Act.
31        "Felony" means a conviction of a felony in this State, or
32    of  an offense in any other jurisdiction for which a sentence
 
                            -8-      LRB093 10340 RLC 10594 b
 1    to a term of  imprisonment  in  excess  of  one  year,  or  a
 2    sentence of death, was authorized.
 3        For  the  purposes of this Article the following rules of
 4    construction apply:
 5             (i)  two or more convictions of felonies charged  in
 6        separate counts of one indictment or information shall be
 7        deemed to be one conviction;
 8             (ii)  two or more convictions of felonies charged in
 9        2  or more indictments or informations, filed in the same
10        court prior to entry of judgment under any of them, shall
11        be deemed to be one conviction; and
12             (iii)  a plea or a verdict of guilty  upon  which  a
13        sentence   of   probation,   conditional   discharge,  or
14        supervision has been imposed shall  be  deemed  to  be  a
15        conviction.

16        (730 ILCS 5/5-5.5-10 new)
17        Sec. 5-5.5-10. Certificate of relief from disabilities.
18        (a)  A  certificate  of  relief  from disabilities may be
19    granted as provided in this Article to  relieve  an  eligible
20    offender of any forfeiture or disability or to remove any bar
21    to  his  or  her  employment  automatically imposed by law by
22    reason of his or her  conviction  of  the  crime  or  of  the
23    offense  specified in the certificate. The certificate may be
24    limited to one or more enumerated forfeitures,  disabilities,
25    or  bars,  or  may  relieve  the  eligible  offender  of  all
26    forfeitures,  disabilities,  and  bars.  No certificate shall
27    apply, or be construed so as to apply, to the  right  of  the
28    person to retain or to be eligible for public office.
29        (b) Notwithstanding any other provision of law, except as
30    otherwise  provided in clauses (1) and (2) of this subsection
31    (b), a conviction of a crime or of an offense specified in  a
32    certificate  of  relief  from  disabilities  does  not  cause
33    automatic  forfeiture  of any license, permit, employment, or
 
                            -9-      LRB093 10340 RLC 10594 b
 1    franchise, including the right to register for or vote at  an
 2    election,  or  automatic  forfeiture  of  any  other right or
 3    privilege held by the eligible offender and  covered  by  the
 4    certificate.  The  conviction  may  not  be  deemed  to  be a
 5    conviction within the meaning of any provision  of  law  that
 6    imposes,  by reason of a conviction, a bar to any employment,
 7    a disability to exercise any right or a disability  to  apply
 8    for  or to receive any license, permit, or other authority or
 9    privilege covered by the certificate;  provided,  however,  a
10    conviction  for  a  second or subsequent violation of Section
11    11-501 of the Illinois  Vehicle  Code  committed  within  the
12    preceding  10 years shall impose a disability to apply for or
13    receive a  driver's  license  or  permit  during  the  period
14    provided  in  that  Code.  A  certificate  of  relief  from a
15    disability imposed  under  Section  11-501  of  the  Illinois
16    Vehicle  Code  may  only  be issued upon a determination that
17    compelling circumstances warrant that relief.
18        (c) A certificate of relief from disabilities  does  not,
19    however,  in  any  way  prevent any judicial, administrative,
20    licensing, or other body, board, or  authority  from  relying
21    upon the conviction specified in the certificate as the basis
22    for  the  exercise  of  its  discretionary  power to suspend,
23    revoke, or refuse to issue or refuse to  renew  any  license,
24    permit, or other authority or privilege.

25        (730 ILCS 5/5-5.5-15 new)
26        Sec.  5-5.5-15.  Certificates of relief from disabilities
27    issued by courts.
28        (a)  Any  circuit  court  of  this  State  may,  in   its
29    discretion,  issue  a certificate of relief from disabilities
30    to an eligible offender for a  conviction  that  occurred  in
31    that  court  if  the  court imposed a sentence other than one
32    executed by commitment to an institution under the Department
33    of Corrections. The certificate may be issued (i) at the time
 
                            -10-     LRB093 10340 RLC 10594 b
 1    sentence is pronounced, in which case  it  may  grant  relief
 2    from forfeitures as well as from disabilities, or (ii) at any
 3    time  thereafter,  in  which  case  it  shall  apply  only to
 4    disabilities.
 5        (b)  The certificate may  not  be  issued  by  the  court
 6    unless the court is satisfied that:
 7             (1)  the  person  to  whom it is to be granted is an
 8        eligible offender, as defined in Section 5-5.5-5;
 9             (2)  the relief to be granted by the certificate  is
10        consistent   with  the  rehabilitation  of  the  eligible
11        offender; and
12             (3)  the relief to be granted by the certificate  is
13        consistent with the public interest.
14        (c)  If  a certificate of relief from disabilities is not
15    issued at the time sentence is pronounced it  shall  only  be
16    issued thereafter upon verified application to the court. The
17    court  may,  for  the  purpose  of  determining  whether  the
18    certificate  shall  be issued, request the probation or court
19    services  department  to  conduct  an  investigation  of  the
20    applicant.  Any  probation  officer  requested  to  make   an
21    investigation  under this Section shall prepare and submit to
22    the court a written report in accordance with the request.
23        (d) Any court that has issued  a  certificate  of  relief
24    from  disabilities may at any time issue a new certificate to
25    enlarge the  relief  previously  granted  provided  that  the
26    provisions  of  clauses  (1) through (3) of subsection (b) of
27    this  Section  apply  to  the  issuance  of  any   such   new
28    certificate.
29        (e)  Any written report submitted to the court under this
30    Section  is confidential and may not be made available to any
31    person or public or private  agency  except  if  specifically
32    required   or   permitted   by   statute   or  upon  specific
33    authorization  of  the  court.  However,  it  shall  be  made
34    available by the court for  examination  by  the  applicant's
 
                            -11-     LRB093 10340 RLC 10594 b
 1    attorney,  or  the applicant himself or herself, if he or she
 2    has no attorney. In its discretion, the court may except from
 3    disclosure a part  or  parts  of  the  report  that  are  not
 4    relevant  to  the  granting  of  a certificate, or sources of
 5    information  which  have  been  obtained  on  a  promise   of
 6    confidentiality,   or   any  other  portion  of  the  report,
 7    disclosure of which would not be in the interest of  justice.
 8    The action of the court excepting information from disclosure
 9    shall  be  subject  to  appellate  review.  The court, in its
10    discretion, may  hold  a  conference  in  open  court  or  in
11    chambers  to afford an applicant an opportunity to controvert
12    or to comment upon any portions of the report. The court  may
13    also  conduct  a  summary  hearing  at  the conference on any
14    matter relevant to the granting of the  application  and  may
15    take testimony under oath.

16        (730 ILCS 5/5-5.5-20 new)
17        Sec.  5-5.5-20.  Certificates of relief from disabilities
18    issued by the Prisoner Review Board.
19        (a) The Prisoner Review Board shall  have  the  power  to
20    issue a certificate of relief from disabilities to:
21             (1)    any  eligible offender who has been committed
22        to  an  institution  under  the   jurisdiction   of   the
23        Department  of Corrections. The certificate may be issued
24        by the Board at the time the offender  is  released  from
25        the   institution  under  the  conditions  of  parole  or
26        mandatory supervised release or at any  time  thereafter;
27        or
28             (2)  any  eligible  offender who resides within this
29        State and whose judgment of conviction was rendered by  a
30        court in any other jurisdiction.
31        (b) If the Prisoner Review Board has issued a certificate
32    of  relief from disabilities, the Board may at any time issue
33    a new certificate enlarging the relief previously granted.
 
                            -12-     LRB093 10340 RLC 10594 b
 1        (c)  The  Prisoner  Review  Board  may  not   issue   any
 2    certificate of relief from disabilities under subsections (a)
 3    or (b), unless the Board is satisfied that:
 4             (1)  the  person  to  whom it is to be granted is an
 5        eligible offender, as defined in Section 5-5.5-5;
 6             (2)  the relief to be granted by the certificate  is
 7        consistent   with  the  rehabilitation  of  the  eligible
 8        offender; and
 9             (3)  the relief to be granted by the certificate  is
10        consistent with the public interest.
11        (d)  Any  certificate  of relief from disabilities issued
12    by the Prisoner Review Board to an eligible offender, who  at
13    time  of  the  issuance  of  the  certificate  is  under  the
14    conditions   of   parole   or  mandatory  supervised  release
15    established by the Board, shall be deemed to be  a  temporary
16    certificate  until  such  time  as  the  eligible offender is
17    discharged from parole or mandatory supervised release,  and,
18    while  temporary, the certificate may be revoked by the Board
19    for violation  of  the  conditions  of  parole  or  mandatory
20    supervised  release.  Revocation  shall be upon notice to the
21    parolee or releasee, who shall be accorded an opportunity  to
22    explain  the  violation prior to a decision on the revocation
23    of the certificate. If the certificate is not so revoked,  it
24    shall  become  a  permanent  certificate  upon  expiration or
25    termination of the offender's parole or mandatory  supervised
26    release term.
27        (e)  In granting or revoking a certificate of relief from
28    disabilities, the action of the Prisoner Review  Board  shall
29    be  by  unanimous  vote of the members authorized to grant or
30    revoke parole or mandatory supervised release.
31        (f)  The certificate  may  be  limited  to  one  or  more
32    enumerated   disabilities   or   bars,  or  may  relieve  the
33    individual of all disabilities and bars.
 
                            -13-     LRB093 10340 RLC 10594 b
 1        (730 ILCS 5/5-5.5-25 new)
 2        Sec. 5-5.5-25. Certificate of good conduct.
 3        (a)  A certificate of good  conduct  may  be  granted  as
 4    provided  in  this  Section  to  relieve an individual of any
 5    disability, or to remove any bar to his  or  her  employment,
 6    automatically  imposed  by  law  by  reason  of  his  or  her
 7    conviction  of  the  crime or of the offense specified in the
 8    certificate. The certificate may be limited to  one  or  more
 9    enumerated disabilities or bars or may relieve the individual
10    of all disabilities and bars.
11        (b)  Notwithstanding   any  other  provision  of  law,  a
12    conviction of a  crime  or  of  an  offense  specified  in  a
13    certificate  of  good  conduct  may  not  be  deemed  to be a
14    conviction within the meaning of any provision  of  law  that
15    imposes,  by reason of a conviction, a bar to any employment,
16    a disability to exercise any right or a disability  to  apply
17    for  or  to receive any license, permit or other authority or
18    privilege covered by the certificate.
19        (c)  A certificate of good conduct may not,  however,  in
20    any  way  prevent  any judicial administrative, licensing, or
21    other  body,  board,  or  authority  from   considering   the
22    conviction  specified  in  the certificate in accordance with
23    the provisions of this Article.

24        (730 ILCS 5/5-5.5-30 new)
25        Sec. 5-5.5-30. Issuance of certificate of good conduct.
26        (a)  The Prisoner Review Board, or any 3 members  of  the
27    Board  by  unanimous  vote,  shall  have the power to issue a
28    certificate  of  good  conduct  to  any   person   previously
29    convicted  of  a  crime  in  this  State,  when  the Board is
30    satisfied that:
31             (1)  the applicant has conducted himself or  herself
32        in  a manner warranting the issuance for a minimum period
33        in accordance with the provisions of  subsection  (c)  of
 
                            -14-     LRB093 10340 RLC 10594 b
 1        this Section;
 2             (2)  the  relief to be granted by the certificate is
 3        consistent with the rehabilitation of the applicant; and
 4             (3)  the relief to be granted is consistent with the
 5        public interest.
 6        (b)  The Prisoner Review Board, or any 3 members  of  the
 7    Board  by  unanimous  vote,  shall  have the power to issue a
 8    certificate  of  good  conduct  to  any   person   previously
 9    convicted  of  a  crime  in  any other jurisdiction, when the
10    Board is satisfied that:
11             (1)  the applicant has demonstrated that there exist
12        specific facts and circumstances and specific Sections of
13        Illinois State law that have an  adverse  impact  on  the
14        applicant  and  warrant  the application for relief to be
15        made in Illinois; and
16             (2) the provisions of paragraphs (1), (2),  and  (3)
17        of subsection (a) of this Section have been met.
18        (c)  The minimum period of good conduct by the individual
19    referred  to  in  paragraph  (1)  of  subsection  (a) of this
20    Section, shall be as follows: if the most  serious  crime  of
21    which  the  individual  was  convicted  is a misdemeanor, the
22    minimum period of good conduct shall be one year; if the most
23    serious crime of which the  individual  was  convicted  is  a
24    Class  1,  2,  3,  or  4  felony,  the minimum period of good
25    conduct shall be 3 years; and, if the most serious  crime  of
26    which  the individual was convicted is first degree murder or
27    a Class X felony, the minimum period of good conduct shall be
28    5 years. Criminal acts committed outside the State  shall  be
29    classified  as  acts  committed within the State based on the
30    maximum sentence that could have been imposed based upon  the
31    conviction  under  the  laws of the foreign jurisdiction. The
32    minimum period of good conduct by  the  individual  shall  be
33    measured  either  from  the  date  of the payment of any fine
34    imposed upon him or her, or from  the  date  of  his  or  her
 
                            -15-     LRB093 10340 RLC 10594 b
 1    release  from custody by parole, mandatory supervised release
 2    or commutation or termination of his  or  her  sentence.  The
 3    Board   shall  have  power  and  it  shall  be  its  duty  to
 4    investigate all persons when the application is made  and  to
 5    grant  or  deny  the  same within a reasonable time after the
 6    making of the application.
 7        (d) If the Prisoner Review Board has issued a certificate
 8    of good conduct, the Board  may  at  any  time  issue  a  new
 9    certificate enlarging the relief previously granted.
10        (e)  Any  certificate  of  good  conduct  by the Prisoner
11    Review Board to an individual who at the time of the issuance
12    of the certificate is  under  the  conditions  of  parole  or
13    mandatory  supervised  release imposed by the Board, shall be
14    deemed to be a temporary certificate until the  time  as  the
15    individual   is  discharged  from  the  terms  of  parole  or
16    mandatory  supervised  release,  and,  while  temporary,  the
17    certificate may be revoked by the Board for violation of  the
18    conditions   of   parole  or  mandatory  supervised  release.
19    Revocation shall be upon notice to the parolee  or  releasee,
20    who shall be accorded an opportunity to explain the violation
21    prior  to a decision on the revocation. If the certificate is
22    not so revoked, it shall become a permanent certificate  upon
23    expiration   or  termination  of  the  offender's  parole  or
24    mandatory supervised release term.

25        (730 ILCS 5/5-5.5-35 new)
26        Sec. 5-5.5-35.  Effect  of  revocation;  use  of  revoked
27    certificate.
28        (a)  If  a  certificate  of  relief  from disabilities is
29    deemed to  be  temporary  and  the  certificate  is  revoked,
30    disabilities   and  forfeitures  thereby  relieved  shall  be
31    reinstated as of the date upon which the person to  whom  the
32    certificate   was  issued  receives  written  notice  of  the
33    revocation. Any such person shall upon receipt of the  notice
 
                            -16-     LRB093 10340 RLC 10594 b
 1    surrender the certificate to the issuing court or Board.
 2        (b)  A  person  who  knowingly  uses or attempts to use a
 3    revoked certificate of relief from disabilities in  order  to
 4    obtain  or  to exercise any right or privilege that he or she
 5    would not be entitled to obtain  or  to  exercise  without  a
 6    valid certificate is guilty of a Class A misdemeanor.

 7        (730 ILCs 5/5-5.5-40 new)
 8        Sec. 5-5.5-40. Forms and filing.
 9        (a)   All   applications,  certificates,  and  orders  of
10    revocation necessary for the purposes of this  Article  shall
11    be  upon  forms  prescribed  under  an  agreement  among  the
12    Director  of  Corrections  and  the  Chairman of the Prisoner
13    Review Board and the Chief Justice of the  Supreme  Court  or
14    his  or  her  designee. The forms relating to certificates of
15    relief from disabilities shall be distributed by the Director
16    of the Division of Probation Services and forms  relating  to
17    certificates  of  good  conduct  shall  be distributed by the
18    Chairman of the Prisoner Review Board.
19        (b)  Any  court  or  board  issuing   or   revoking   any
20    certificate  under this Article shall immediately file a copy
21    of the certificate or of the order of  revocation,  with  the
22    Director of State Police.

23        (730 ILCs 5/5-5.5-45 new)
24        Sec.  5-5.5-45.  Certificate  not  to  be  deemed to be a
25    pardon. Nothing contained in this Article shall be deemed  to
26    alter  or  limit or affect the manner of applying for pardons
27    to the Governor, and no certificate issued under this Article
28    shall be deemed or construed to be a pardon.

29        Section 99.  Effective date.  This Act takes effect  upon
30    becoming law.