093_SB0108sam002
LRB093 06798 RLC 12737 a
1 AMENDMENT TO SENATE BILL 108
2 AMENDMENT NO. . Amend Senate Bill 108 as follows:
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Unified Code of Corrections is amended
6 by changing Section 3-3-2.1 and adding Section 3-3-2.2 as
7 follows:
8 (730 ILCS 5/3-3-2.1) (from Ch. 38, par. 1003-3-2.1)
9 Sec. 3-3-2.1. Prisoner Review Board - Release Date. (a)
10 Except as provided in subsection (b), the Prisoner Review
11 Board shall, no later than 7 days following a prisoner's next
12 parole hearing after the effective date of this Amendatory
13 Act of 1977, provide each prisoner sentenced under the law in
14 effect prior to the effective date of this amendatory Act of
15 1977, with a fixed release date.
16 (b) No release date under this Section shall be set for
17 any person sentenced to an indeterminate sentence under the
18 law in effect prior to the effective date of this amendatory
19 Act of 1977 in which the minimum term of such sentence is 20
20 years or more.
21 (c) The Prisoner Review Board shall notify each eligible
22 offender of his or her release date in a form substantially
-2- LRB093 06798 RLC 12737 a
1 as follows:
2 Date of Notice
3 "To (Name of offender):
4 Under a recent change in the law you are provided with
5 this choice:
6 (1) You may remain under your present indeterminate
7 sentence and continue to be eligible for parole; or (2) you
8 may waive your right to parole and accept the release date
9 which has been set for you. From this release date will be
10 deducted any good conduct credit you may earn.
11 If you accept the release date established by the Board,
12 you will no longer be eligible for parole.
13 Your release date from prison has been set for: (release
14 date) , subject to a term of mandatory supervised release
15 as provided by law.
16 If you accumulate the maximum amount of good conduct
17 credit as allowed by law recently enacted, you can be
18 released on: , subject to a term of mandatory supervised
19 release as provided by law.
20 Should you choose not to accept the release date, your
21 next parole hearing will be: .
22 The Board has based its determination of your release
23 date on the following:
24 (1) The material that normally would be examined in
25 connection with your parole hearing, as set forth in
26 paragraph (d) of Section 3-3-4 of the Unified Code of
27 Corrections:
28 (2) the intent of the court in imposing sentence on you;
29 (3) the present schedule of sentences for similar
30 offenses provided by Sections 5-8-1 and 5-8-2 of the Unified
31 Code of Corrections, as amended;
32 (4) the factors in mitigation and aggravation provided
33 by Sections 5-5-3.1 and 5-5-3.2 of the Unified Code of
34 Corrections, as amended;
-3- LRB093 06798 RLC 12737 a
1 (5) The rate of accumulating good conduct credits
2 provided by Section 3-6-3 of the Unified Code of Corrections,
3 as amended;
4 (6) your behavior since commitment.
5 You now have 60 days in which to decide whether to remain
6 under your indeterminate sentence and continue to be eligible
7 for parole or waive your right to parole and accept the
8 release date established for you by the Board. If you do
9 nothing within 60 days, you will remain under the parole
10 system.
11 If you accept the release date, you may accumulate good
12 conduct credit at the maximum rate provided under the law
13 recently enacted.
14 If you feel that the release date set for you is unfair
15 or is not based on complete information required to be
16 considered by the Board, you may request that the Board
17 reconsider the date. In your request you must set forth
18 specific reasons why you feel the Board's release date is
19 unfair and you may submit relevant material in support of
20 your request.
21 The Department of Corrections is obligated to assist you
22 in that effort, if you ask it to do so.
23 The Board will notify you within 60 days whether or not
24 it will reconsider its decision. The Board's decision with
25 respect to reconsidering your release date is final and
26 cannot be appealed to any court.
27 If the Board decides not to reconsider your case you will
28 have 60 days in which to decide whether to accept the release
29 date and waive your right to parole or to continue under the
30 parole system. If you do nothing within 60 days after you
31 receive notification of the Board's decision you will remain
32 under the parole system.
33 If the Board decides to reconsider its decision with
34 respect to your release date, the Board will schedule a date
-4- LRB093 06798 RLC 12737 a
1 for reconsideration as soon as practicable, but no later than
2 60 days from the date it receives your request, and give you
3 at least 30 days notice. You may submit material to the
4 Board which you believe will be helpful in deciding a proper
5 date for your release. The Department of Corrections is
6 obligated to assist you in that effort, if you ask it to do
7 so.
8 Neither you nor your lawyer has the right to be present
9 on the date of reconsideration, nor the right to call
10 witnesses. However, the Board may ask you or your lawyer to
11 appear or may ask to hear witnesses. The Board will base its
12 determination on the same data on which it made its earlier
13 determination, plus any new information which may be
14 available to it.
15 When the Board has made its decision you will be informed
16 of the release date. In no event will it be longer than the
17 release date originally determined. From this date you may
18 continue to accumulate good conduct credits at the maximum
19 rate. You will not be able to appeal the Board's decision to
20 a court.
21 Following the Board's reconsideration and upon being
22 notified of your release date you will have 60 days in which
23 to decide whether to accept the release date and waive your
24 right to parole or to continue under the parole system. If
25 you do nothing within 60 days after notification of the
26 Board's decision you will remain under the parole system."
27 (d) The Board shall provide each eligible offender with
28 a form substantially as follows:
29 "I (name of offender) am fully aware of my right to
30 choose between parole eligibility and a fixed release date.
31 I know that if I accept the release date established, I will
32 give up my right to seek parole. I have read and understood
33 the Prisoner Review Board's letter, and I know how and under
34 what circumstances the Board has set my release date. I know
-5- LRB093 06798 RLC 12737 a
1 that I will be released on that date and will be released
2 earlier if I accumulate good conduct credit. I know that the
3 date set by the Board is final, and can't be appealed to a
4 court.
5 Fully aware of all the implications, I expressly and
6 knowingly waive my right to seek parole and accept the
7 release date as established by the Prisoner Review Board."
8 (e) The Board shall use the following information and
9 standards in establishing a release date for each eligible
10 offender who requests that a date be set:
11 (1) Such information as would be considered in a parole
12 hearing under Section 3-3-4 of this Code;
13 (2) The intent of the court in imposing the offender's
14 sentence;
15 (3) The present schedule for similar offenses provided
16 by Sections 5-8-1 and 5-8-2 of this Code;
17 (4) Factors in aggravation and mitigation of sentence as
18 provided in Sections 5-5-3.1 and 5-5-3.2 of this Code;
19 (5) The rate of accumulating good conduct credits
20 provided by Section 3-6-3 of this Code;
21 (6) The offender's behavior since commitment to the
22 Department.
23 (f) After the release date is set by the Board, the
24 offender can accumulate good conduct credits in accordance
25 with Section 3-6-3 of this Code.
26 (g) The release date established by the Board shall not
27 be sooner than the earliest date that the offender would have
28 been eligible for release under the sentence imposed on him
29 by the court, less time credit previously earned for good
30 behavior, nor shall it be later than the latest date at which
31 the offender would have been eligible for release under such
32 sentence, less time credit previously earned for good
33 behavior.
34 (h) (1) Except as provided in subsection (b), each
-6- LRB093 06798 RLC 12737 a
1 prisoner appearing at his next parole hearing subsequent to
2 the effective date of the amendatory Act of 1977, shall be
3 notified within 7 days of the hearing that he will either be
4 released on parole or that a release date has been set by the
5 Board. The notice and waiver form provided for in
6 subsections (c) and (d) shall be presented to eligible
7 prisoners no later than 7 days following their parole
8 hearing. A written statement of the basis for the decision
9 with regard to the release date set shall be given to such
10 prisoners no later than 14 days following the parole hearing.
11 (2) Each prisoner upon notification of his release date
12 shall have 60 days to choose whether to remain under the
13 parole system or to accept the release date established by
14 the Board. No release date shall be effective unless the
15 prisoner waives his right to parole in writing. If no choice
16 is made by such prisoner within 60 days from the date of his
17 notification of a release date, such prisoner shall remain
18 under the parole system.
19 (3) Within the 60 day period as provided in paragraph
20 (2) of this subsection, a prisoner may request that the Board
21 reconsider its decision with regard to such prisoner's
22 release date. No later than 60 days following receipt of
23 such request for reconsideration, the Board shall notify the
24 prisoner as to whether or not it will reconsider such
25 prisoner's release date. No court shall have jurisdiction to
26 review the Board's decision. No prisoner shall be entitled to
27 more than one request for reconsideration of his release
28 date.
29 (A) If the Board decides not to reconsider the release
30 date, the prisoner shall have 60 days to choose whether to
31 remain under the parole system or to accept the release date
32 established by the Board. No release date shall be effective
33 unless the prisoner waives his right to parole in writing.
34 If no choice is made by such prisoner within 60 days from the
-7- LRB093 06798 RLC 12737 a
1 date of the notification by the Board refusing to reconsider
2 his release date, such prisoner shall remain under the parole
3 system.
4 (B) If the Board decides to reconsider its decision with
5 respect to such release date, the Board shall schedule a date
6 for reconsideration as soon as practicable, but no later than
7 60 days from the date of the prisoner's request, and give
8 such prisoner at least 30 days notice. Such prisoner may
9 submit any relevant material to the Board which would aid in
10 ascertaining a proper release date. The Department of
11 Corrections shall assist any such prisoner if asked to do so.
12 Neither the prisoner nor his lawyer has the right to be
13 present on the date of reconsideration, nor the right to call
14 witnesses. However, the Board may ask such prisoner or his
15 or her lawyer to appear or may ask to hear witnesses. The
16 Board shall base its determination on the factors specified
17 in subsection (e), plus any new information which may be
18 available to it.
19 (C) When the Board has made its decision, the prisoner
20 shall be informed of the release date as provided for in
21 subsection (c) no later than 7 days following the
22 reconsideration. In no event shall such release date be
23 longer than the release date originally determined. The
24 decision of the Board is final. No court shall have
25 jurisdiction to review the Board's decision.
26 Following the Board's reconsideration and its
27 notification to the prisoner of his or her release date, such
28 prisoner shall have 60 days from the date of such notice in
29 which to decide whether to accept the release date and waive
30 his or her right to parole or to continue under the parole
31 system. If such prisoner does nothing within 60 days after
32 notification of the Board's decision, he or she shall remain
33 under the parole system.
34 (i) This Section does not apply to a person who chooses
-8- LRB093 06798 RLC 12737 a
1 a fixed sentence under Section 3-3-2.2.
2 (Source: P.A. 80-1387.)
3 (730 ILCS 5/3-3-2.2 new)
4 Sec. 3-3-2.2. Prisoner Review Board - fixed sentence.
5 (a) Except as provided in subsection (b), the Prisoner Review
6 Board shall, no later than 7 days following a prisoner's next
7 parole hearing after the effective date of this amendatory
8 Act of the 93rd General Assembly, provide each prisoner
9 sentenced under the law in effect prior to February 1, 1978,
10 with a fixed sentence.
11 (b) A fixed sentence shall be set for any person
12 sentenced to an indeterminate sentence under any law in
13 effect prior to February 1, 1978.
14 (c) The Prisoner Review Board shall notify each eligible
15 offender of his or her fixed sentence in a form substantially
16 as follows:
17 Date of Notice
18 "To (Name of offender):
19 Under a recent change in the law you are provided with
20 this choice:
21 (1) You may remain under your present indeterminate
22 sentence and continue to be eligible for parole; or (2) you
23 may waive your right to parole and accept the fixed sentence
24 which has been set for you. From this_fixed sentence will be
25 deducted any good conduct credit you may earn.
26 If you accept the fixed sentence established by the
27 Board, you will no longer be eligible for parole.
28 Your fixed sentence from prison has been set for:
29 (release date) , subject to a term of mandatory supervised
30 release as provided by law.
31 If you accumulate the maximum amount of good conduct
32 credit as allowed by law recently enacted, you can be
33 released on: ......., subject to a term of mandatory
-9- LRB093 06798 RLC 12737 a
1 supervised release as provided by law.
2 Should you choose not to accept the fixed sentence, your
3 next parole hearing will be:......................
4 The Board has based its determination of your fixed
5 sentence on the following:
6 (1) The material that normally would be examined in
7 connection with your parole hearing, as set forth in
8 paragraph (d) of Section 3-3-4 of the Unified Code of
9 Corrections;
10 (2) the intent of the court in imposing sentence on you;
11 (3) the present schedule of sentences for similar
12 offenses provided by Sections 5-8-1 and 5-8-2 of the Unified
13 Code of Corrections;
14 (4) the factors in mitigation and aggravation provided
15 by Sections 5-5-3.1 and 5-5-3.2 of the Unified Code of
16 Corrections;
17 (5) The rate of accumulating good conduct credits
18 provided by Section 3-6-3 of the Unified Code of Corrections
19 as amended;
20 (6) your behavior since commitment.
21 You now have 60 days in which to decide whether to remain
22 under your indeterminate sentence and continue to be eligible
23 for parole or waive your right to parole and accept the fixed
24 sentence established for you by the Board. If you do nothing
25 within 60 days, you will remain under the parole system.
26 If you accept the fixed sentence, you may accumulate good
27 conduct credit at the maximum rate provided under the law
28 recently enacted.
29 If you feel that the fixed sentence set for you is unfair
30 or is not based on complete information required to be
31 considered by the Board, you may request that the Board
32 reconsider the sentence. In your request you must set forth
33 specific reasons why you feel the Board's fixed sentence is
34 unfair and you may submit relevant material in support of
-10- LRB093 06798 RLC 12737 a
1 your request.
2 The Department of Corrections is obligated to assist you
3 in that effort, if you ask it to do so.
4 The Board will notify you within 60 days whether or not
5 it will reconsider its decision. The Board's decision with
6 respect to reconsidering your fixed sentence is final and
7 cannot be appealed to any court.
8 If the Board decides not to reconsider your case you will
9 have 60 days in which to decide whether to accept the fixed
10 sentence and waive your right to parole or to continue under
11 the parole system. If you do nothing within 60 days after
12 you receive notification of the Board's decision you will
13 remain under the parole system.
14 If the Board decides to reconsider its decision with
15 respect to your fixed sentence, the Board will schedule a
16 date for reconsideration as soon as practicable, but no later
17 than 60 days from the date it receives your request, and give
18 you at least 30 days notice. You may submit material to the
19 Board which you believe will be helpful in deciding a proper
20 fixed sentence. The Department of Corrections is obligated
21 to assist you in that effort, if you ask it to do so.
22 Neither you nor your lawyer has the right to be present
23 on the date of reconsideration, nor the right to call
24 witnesses. However, the Board may ask you or your lawyer to
25 appear or may ask to hear witnesses. The Board will base its
26 determination on the same data on which it made its earlier
27 determination, plus any new information which may be
28 available to it.
29 When the Board has made its decision you will be informed
30 of the fixed sentence. In no event will it be longer than
31 the fixed sentence originally determined. From this date you
32 may continue to accumulate good conduct credits at the
33 maximum rate. You will not be able to appeal the Board's
34 decision to a court.
-11- LRB093 06798 RLC 12737 a
1 Following the Board's reconsideration and upon being
2 notified of your fixed sentence you will have 60 days in
3 which to decide whether to accept the fixed sentence and
4 waive your right to parole or to continue under the parole
5 system. If you do nothing within 60 days after notification
6 of the Board's decision you will remain under the parole
7 system."
8 (d) The Board shall provide each eligible offender with
9 a form substantially as follows:
10 "I (name of offender) am fully aware of my right to
11 choose between parole eligibility and a fixed sentence. I
12 know that if I accept the fixed sentence established, I will
13 give up my right to seek parole. I have read and understood
14 the Prisoner Review Board's letter, and I know how and under
15 what circumstances the Board has set my fixed sentence. I
16 know that I will be released on that date and will be
17 released earlier if I accumulate good conduct credit. I know
18 that the date set by the Board is final, and can't be
19 appealed to a court.
20 Fully aware of all the implications, I expressly and
21 knowingly waive my right to seek parole and accept the fixed
22 date as established by the Prisoner Review Board."
23 (e) The cases of all persons sentenced to an
24 indeterminate sentence under any law in effect prior to
25 February 1, 1978 shall be returned to the circuit court in
26 which they were sentenced for the purpose of imposing a fixed
27 sentence which shall be the equivalent of the sentence which
28 would be imposed for the same crime under Public Act 80-1099.
29 In making this determination, the circuit court shall
30 consider the following factors:
31 (1) The presumptive sentence shall be the median
32 sentence in the range of sentences established by the law
33 in effect on the date Public Act 80-1099 became
34 effective;
-12- LRB093 06798 RLC 12737 a
1 (2) The presumptive sentence may be reduced based
2 upon any of the mitigating factors provided for by the
3 law in effect on the date Public Act 80-1099 became
4 effective; and
5 (3) The presumptive sentence may be increased, up
6 to the maximum sentence established for the crime by
7 Public Act 80-1099, based upon any of the aggravating
8 factors provided for by the law in effect on the date
9 Public Act 80-1099 became effective which are established
10 in the record in accordance with currently applicable
11 principles of due process.
12 (f) After the fixed sentence is set by the Board, the
13 offender will continue to accumulate good conduct credits
14 under the formula or formulae heretofore applicable.
15 (g) (1) The clerks of the respective circuit courts
16 shall notify each prisoner of his or her fixed sentence
17 within one year of the effective date of this amendatory Act
18 of the 93rd General Assembly.
19 (2) Each prisoner upon notification of his or her fixed
20 sentence shall have 60 days to choose whether to remain under
21 the parole system or to accept the fixed sentence established
22 by the circuit court. No fixed sentence shall be effective
23 unless the prisoner waives his right to parole in writing.
24 If no choice is made by such prisoner within 60 days from the
25 date of his or her notification of a fixed sentence, such
26 prisoner shall remain under the parole system.
27 (3) Within the 60 day period as provided in paragraph
28 (2) of this subsection, a prisoner may request that the
29 circuit court reconsider its decision with regard to such
30 prisoner's fixed sentence. No later than 60 days following
31 receipt of such request for reconsideration, the circuit
32 court shall notify the prisoner as to whether or not it will
33 reconsider such prisoner's fixed sentence. No other court
34 shall have jurisdiction to review the circuit court's
-13- LRB093 06798 RLC 12737 a
1 decision. No prisoner shall be entitled to more than one
2 request for reconsideration of his or her fixed sentence.
3 (A) If the circuit court decides not to reconsider the
4 fixed sentence, the prisoner shall have 60 days to choose
5 whether to remain under the parole system or to accept the
6 fixed sentence established by the circuit court. No fixed
7 sentence shall be effective unless the prisoner waives his or
8 her right to parole in writing. If no choice is made by such
9 prisoner within 60 days from the date of the notification by
10 the circuit court refusing to reconsider his or her fixed
11 sentence, such prisoner shall remain under the parole system.
12 (B) If the circuit court decides to reconsider its
13 decision with respect to such fixed sentence, the circuit
14 court shall schedule a date for reconsideration as soon as
15 practicable, but no later than 60 days from the date of the
16 prisoner's request, and give such prisoner at least 30 days
17 notice. Such prisoner may submit any relevant material to the
18 circuit court which would aid in ascertaining a proper fixed
19 sentence. The Department of Corrections shall assist any
20 such prisoner if asked to do so.
21 Neither the prisoner nor his or her lawyer has the right
22 to be present on the date of reconsideration, nor the right
23 to call witnesses. However, the circuit court may ask such
24 prisoner or his or her lawyer to appear or may ask to hear
25 witnesses. The circuit court shall base its determination on
26 the factors specified in subsection (e), plus any new
27 information which may be available to it.
28 (C) When the circuit court has made its decision, the
29 prisoner shall be informed of the fixed sentence as provided
30 for in subsection (c) no later than 7 days following the
31 reconsideration. In no event shall such release date be
32 longer than the fixed sentence originally determined. The
33 decision of the circuit court is final. No other court shall
34 have jurisdiction to review the circuit court's decision.
-14- LRB093 06798 RLC 12737 a
1 Following the circuit court's reconsideration and its
2 notification to the prisoner of his or her fixed sentence,
3 such prisoner shall have 60 days from the date of such notice
4 in which to decide whether to accept the fixed sentence and
5 waive his or her right to parole or to continue under the
6 parole system. If such prisoner does nothing within 60 days
7 after notification of the circuit court's decision, he or she
8 shall remain under the parole system.".