093_SB0095
LRB093 05669 RLC 05762 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 Section 3-3-2 as follows:
6 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
7 Sec. 3-3-2. Powers and Duties.
8 (a) The Parole and Pardon Board is abolished and the
9 term "Parole and Pardon Board" as used in any law of
10 Illinois, shall read "Prisoner Review Board." After the
11 effective date of this amendatory Act of 1977, the Prisoner
12 Review Board shall provide by rule for the orderly transition
13 of all files, records, and documents of the Parole and Pardon
14 Board and for such other steps as may be necessary to effect
15 an orderly transition and shall:
16 (1) hear by at least one member and through a panel
17 of at least 3 members decide, cases of prisoners who were
18 sentenced under the law in effect prior to the effective
19 date of this amendatory Act of 1977, and who are eligible
20 for parole;
21 (2) hear by at least one member and through a panel
22 of at least 3 members decide, the conditions of parole
23 and the time of discharge from parole, impose sanctions
24 for violations of parole, and revoke parole for those
25 sentenced under the law in effect prior to this
26 amendatory Act of 1977; provided that the decision to
27 parole and the conditions of parole for all prisoners who
28 were sentenced for first degree murder or who received a
29 minimum sentence of 20 years or more under the law in
30 effect prior to February 1, 1978 shall be determined by a
31 majority vote of the Prisoner Review Board;
-2- LRB093 05669 RLC 05762 b
1 (3) hear by at least one member and through a panel
2 of at least 3 members decide, the conditions of mandatory
3 supervised release and the time of discharge from
4 mandatory supervised release, impose sanctions for
5 violations of mandatory supervised release, and revoke
6 mandatory supervised release for those sentenced under
7 the law in effect after the effective date of this
8 amendatory Act of 1977;
9 (4) hear by at least 1 member and through a panel
10 of at least 3 members, decide cases brought by the
11 Department of Corrections against a prisoner in the
12 custody of the Department for alleged violation of
13 Department rules with respect to good conduct credits
14 pursuant to Section 3-6-3 of this Code in which the
15 Department seeks to revoke good conduct credits, if the
16 amount of time at issue exceeds 30 days or when, during
17 any 12 month period, the cumulative amount of credit
18 revoked exceeds 30 days except where the infraction is
19 committed or discovered within 60 days of scheduled
20 release. In such cases, the Department of Corrections may
21 revoke up to 30 days of good conduct credit. The Board
22 may subsequently approve the revocation of additional
23 good conduct credit, if the Department seeks to revoke
24 good conduct credit in excess of thirty days. However,
25 the Board shall not be empowered to review the
26 Department's decision with respect to the loss of 30 days
27 of good conduct credit for any prisoner or to increase
28 any penalty beyond the length requested by the
29 Department;
30 (5) hear by at least one member and through a panel
31 of at least 3 members decide, the release dates for
32 certain prisoners sentenced under the law in existence
33 prior to the effective date of this amendatory Act of
34 1977, in accordance with Section 3-3-2.1 of this Code;
-3- LRB093 05669 RLC 05762 b
1 (6) hear by at least one member and through a panel
2 of at least 3 members decide, all requests for pardon,
3 reprieve or commutation, and make confidential
4 recommendations to the Governor;
5 (7) comply with the requirements of the Open Parole
6 Hearings Act; and
7 (8) hear by at least one member and, through a
8 panel of at least 3 members, decide cases brought by the
9 Department of Corrections against a prisoner in the
10 custody of the Department for court dismissal of a
11 frivolous lawsuit pursuant to Section 3-6-3(d) of this
12 Code in which the Department seeks to revoke up to 180
13 days of good conduct credit, and if the prisoner has not
14 accumulated 180 days of good conduct credit at the time
15 of the dismissal, then all good conduct credit
16 accumulated by the prisoner shall be revoked.
17 (a-5) The Prisoner Review Board, with the cooperation of
18 and in coordination with the Department of Corrections and
19 the Department of Central Management Services, may provide
20 shall implement a pilot project in 3 correctional
21 institutions providing for the conduct of hearings under
22 paragraphs (1) and (4) of subsection (a) of this Section
23 through interactive video conferences in as many correctional
24 institutions as the Board deems appropriate. The project
25 shall be implemented within 6 months after the effective date
26 of this amendatory Act of 1996. Within 6 months after the
27 implementation of the pilot project, the Prisoner Review
28 Board, with the cooperation of and in coordination with the
29 Department of Corrections and the Department of Central
30 Management Services, shall report to the Governor and the
31 General Assembly regarding the use, costs, effectiveness, and
32 future viability of interactive video conferences for
33 Prisoner Review Board hearings.
34 (b) Upon recommendation of the Department the Board may
-4- LRB093 05669 RLC 05762 b
1 restore good conduct credit previously revoked.
2 (c) The Board shall cooperate with the Department in
3 promoting an effective system of parole and mandatory
4 supervised release.
5 (d) The Board shall promulgate rules for the conduct of
6 its work, and the Chairman shall file a copy of such rules
7 and any amendments thereto with the Director and with the
8 Secretary of State.
9 (e) The Board shall keep records of all of its official
10 actions and shall make them accessible in accordance with law
11 and the rules of the Board.
12 (f) The Board or one who has allegedly violated the
13 conditions of his parole or mandatory supervised release may
14 require by subpoena the attendance and testimony of witnesses
15 and the production of documentary evidence relating to any
16 matter under investigation or hearing. The Chairman of the
17 Board may sign subpoenas which shall be served by any agent
18 or public official authorized by the Chairman of the Board,
19 or by any person lawfully authorized to serve a subpoena
20 under the laws of the State of Illinois. The attendance of
21 witnesses, and the production of documentary evidence, may be
22 required from any place in the State to a hearing location in
23 the State before the Chairman of the Board or his designated
24 agent or agents or any duly constituted Committee or
25 Subcommittee of the Board. Witnesses so summoned shall be
26 paid the same fees and mileage that are paid witnesses in the
27 circuit courts of the State, and witnesses whose depositions
28 are taken and the persons taking those depositions are each
29 entitled to the same fees as are paid for like services in
30 actions in the circuit courts of the State. Fees and mileage
31 shall be vouchered for payment when the witness is discharged
32 from further attendance.
33 In case of disobedience to a subpoena, the Board may
34 petition any circuit court of the State for an order
-5- LRB093 05669 RLC 05762 b
1 requiring the attendance and testimony of witnesses or the
2 production of documentary evidence or both. A copy of such
3 petition shall be served by personal service or by registered
4 or certified mail upon the person who has failed to obey the
5 subpoena, and such person shall be advised in writing that a
6 hearing upon the petition will be requested in a court room
7 to be designated in such notice before the judge hearing
8 motions or extraordinary remedies at a specified time, on a
9 specified date, not less than 10 nor more than 15 days after
10 the deposit of the copy of the written notice and petition in
11 the U.S. mails addressed to the person at his last known
12 address or after the personal service of the copy of the
13 notice and petition upon such person. The court upon the
14 filing of such a petition, may order the person refusing to
15 obey the subpoena to appear at an investigation or hearing,
16 or to there produce documentary evidence, if so ordered, or
17 to give evidence relative to the subject matter of that
18 investigation or hearing. Any failure to obey such order of
19 the circuit court may be punished by that court as a contempt
20 of court.
21 Each member of the Board and any hearing officer
22 designated by the Board shall have the power to administer
23 oaths and to take the testimony of persons under oath.
24 (g) Except under subsection (a) of this Section, a
25 majority of the members then appointed to the Prisoner Review
26 Board shall constitute a quorum for the transaction of all
27 business of the Board.
28 (h) The Prisoner Review Board shall annually transmit to
29 the Director a detailed report of its work for the preceding
30 calendar year. The annual report shall also be transmitted to
31 the Governor for submission to the Legislature.
32 (Source: P.A. 90-14, eff. 7-1-97; 91-798, eff. 7-9-00;
33 91-946, eff. 2-9-01.)
-6- LRB093 05669 RLC 05762 b
1 Section 99. Effective date. This Act takes effect upon
2 becoming law.