93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2766


 
Introduced 2/5/2004, by John J. Cullerton
 
SYNOPSIS AS INTRODUCED:
 		














730 ILCS 5/3-3-2
  from Ch. 38, par. 1003-3-2







    Amends the Unified Code of Corrections.  Provides that the conditions of parole and the decision to parole for a prisoner who was sentenced for first degree murder or who received a minimum sentence of 20 years or more under the laws in effect prior to February 1, 1978 shall be determined by a simple majority vote of the members of the Prisoner Review Board who are present and voting at any en banc meeting of the Prisoner Review Board, once a quorum is established.
















LRB093 17158 RLC 42824 b

















 


 


A BILL FOR









 











SB2766

LRB093 17158 RLC 42824 b






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    AN ACT concerning criminal law.

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


 
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    Section 5. The Unified Code of Corrections is amended  by 
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changing Section 3-3-2 as follows:
 



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    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)



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    Sec. 3-3-2. Powers and Duties. 

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    (a) The Parole and Pardon Board is abolished and the term 
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"Parole and
Pardon Board" as used in any law of Illinois, shall 
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read "Prisoner Review
Board." After the effective date of this 
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amendatory Act of 1977, the
Prisoner Review Board shall provide 
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by rule for the orderly transition of
all files, records, and 
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documents of the Parole and Pardon Board and for
such other 
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steps as may be necessary to effect an orderly transition and 
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shall:


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        (1) hear by at least one member and through a panel of 
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    at least 3 members
decide, cases of prisoners
who were 
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    sentenced under the law in effect prior to the effective

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    date of this amendatory Act of 1977, and who are eligible 
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    for parole;


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        (2) hear by at least one member and through a panel of 
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    at least 3 members decide, the conditions of
parole and the 
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    time of discharge from parole, impose sanctions for

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    violations of parole, and revoke
parole for those sentenced 
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    under the law in effect prior to this amendatory
Act of 
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    1977; provided that the decision to parole and the 
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    conditions of
parole for all prisoners who were sentenced 
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    for first degree murder or who
received a minimum sentence 
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    of 20 years or more under the law in effect
prior to 
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    February 1, 1978 shall be determined by a simple majority 
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    vote of the
members of the Prisoner Review Board who are 
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    present and voting at any en banc meeting of the Prisoner 
 


 






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    Review Board, once a quorum is established;


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        (3) hear by at least one member and through a panel of 
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    at least 3 members decide, the conditions
of mandatory 
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    supervised release and the time of discharge from mandatory

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    supervised release, impose sanctions for violations of 
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    mandatory
supervised release, and revoke mandatory 
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    supervised release for those
sentenced under the law in 
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    effect after the effective date of this
amendatory Act of 
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    1977;


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        (4) hear by at least 1 member and through a panel of at 
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    least 3
members,
decide cases brought by the Department of 
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    Corrections against a prisoner in
the custody of the 
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    Department for alleged violation of Department rules
with 
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    respect to good conduct credits pursuant to Section 3-6-3 
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    of this Code
in which the Department seeks to revoke good 
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    conduct credits, if the amount
of time at issue exceeds 30 
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    days or when, during any 12 month period, the
cumulative 
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    amount of credit revoked exceeds 30 days except where the

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    infraction is committed or discovered within 60 days of 
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    scheduled release.
In such cases, the Department of 
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    Corrections may revoke up to 30 days of
good conduct 
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    credit. The Board may subsequently approve the revocation 
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    of
additional good conduct credit, if the Department seeks 
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    to revoke good
conduct credit in excess of thirty days. 
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    However, the Board shall not be
empowered to review the 
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    Department's decision with respect to the loss of
30 days 
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    of good conduct credit for any prisoner or to increase any 
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    penalty
beyond the length requested by the Department;


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        (5) hear by at least one member and through a panel of 
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    at least 3
members decide, the
release dates for certain 
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    prisoners sentenced under the law in existence
prior to the 
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    effective date of this amendatory Act of 1977, in

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    accordance with Section 3-3-2.1 of this Code;


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        (6) hear by at least one member and through a panel of 
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    at least 3 members
decide, all requests for pardon, 
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    reprieve or commutation, and make confidential

 


 






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    recommendations to the Governor;


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        (7) comply with the requirements of the Open Parole 
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    Hearings Act;


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        (8) hear by at least one member and, through a panel of 
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    at least 3
members, decide cases brought by the Department 
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    of Corrections against a
prisoner in the custody of the 
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    Department for court dismissal of a frivolous
lawsuit 
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    pursuant to Section 3-6-3(d) of this Code in which the 
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    Department seeks
to revoke up to 180 days of good conduct 
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    credit, and if the prisoner has not
accumulated 180 days of 
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    good conduct credit at the time of the dismissal, then
all 
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    good conduct credit accumulated by the prisoner shall be 
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    revoked;
and


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        (9) hear by at least 3 members, and, through a panel of 
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    at least 3
members, decide whether to grant certificates of 
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    relief from
disabilities or certificates of good conduct as 
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    provided in Article 5.5 of
Chapter V.

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    (a-5) The Prisoner Review Board, with the cooperation of 
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and in
coordination with the Department of Corrections and the 
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Department of Central
Management Services, shall implement a 
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pilot project in 3 correctional
institutions providing for the 
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conduct of hearings under paragraphs (1) and
(4)
of subsection 
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(a) of this Section through interactive video conferences.
The

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project shall be implemented within 6 months after the 
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effective date of this
amendatory Act of 1996.  Within 6 months 
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after the implementation of the pilot
project, the Prisoner 
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Review Board, with the cooperation of and in coordination
with 
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the Department of Corrections and the Department of Central 
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Management
Services, shall report to the Governor and the 
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General Assembly regarding the
use, costs, effectiveness, and 
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future viability of interactive video
conferences for Prisoner 
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Review Board hearings.

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    (b) Upon recommendation of the Department the Board may 
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restore good
conduct credit previously revoked.

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    (c) The Board shall cooperate with the Department in 
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promoting an
effective system of parole and mandatory 
 


 






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supervised release.

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    (d) The Board shall promulgate rules for the conduct of its 
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work,
and the Chairman shall file a copy of such rules and any 
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amendments
thereto with the Director and with the Secretary of 
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State.

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    (e) The Board shall keep records of all of its official 
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actions and
shall make them accessible in accordance with law 
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and the rules of the
Board.

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    (f) The Board or one who has allegedly violated the 
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conditions of
his parole or mandatory supervised release may 
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require by subpoena the
attendance and testimony of witnesses 
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and the production of documentary
evidence relating to any 
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matter under investigation or hearing. The
Chairman of the 
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Board may sign subpoenas which shall be served by any
agent or 
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public official authorized by the Chairman of the Board, or by

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any person lawfully authorized to serve a subpoena under the 
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laws of the
State of Illinois. The attendance of witnesses, and 
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the production of
documentary evidence, may be required from 
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any place in the State to a
hearing location in the State 
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before the Chairman of the Board or his
designated agent or 
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agents or any duly constituted Committee or
Subcommittee of the 
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Board.  Witnesses so summoned shall be paid the same
fees and 
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mileage that are paid witnesses in the circuit courts of the

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State, and witnesses whose depositions are taken and the 
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persons taking
those depositions are each entitled to the same 
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fees as are paid for
like services in actions in the circuit 
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courts of the State. Fees and
mileage shall be vouchered for 
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payment when the witness is discharged
from further attendance.

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    In case of disobedience to a subpoena, the Board may 
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petition any
circuit court of the State for an order requiring 
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the attendance and
testimony of witnesses or the production of 
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documentary evidence or
both. A copy of such petition shall be 
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served by personal service or by
registered or certified mail 
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upon the person who has failed to obey the
subpoena, and such 
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person shall be advised in writing that a hearing
upon the 
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petition will be requested in a court room to be designated in

 


 






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such notice before the judge hearing motions or extraordinary 
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remedies
at a specified time, on a specified date, not less 
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than 10 nor more than
15 days after the deposit of the copy of 
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the written notice and petition
in the U.S. mails addressed to 
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the person at his last known address or
after the personal 
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service of the copy of the notice and petition upon
such 
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person. The court upon the filing of such a petition, may order 
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the
person refusing to obey the subpoena to appear at an 
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investigation or
hearing, or to there produce documentary 
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evidence, if so ordered, or to
give evidence relative to the 
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subject matter of that investigation or
hearing. Any failure to 
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obey such order of the circuit court may be
punished by that 
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court as a contempt of court.

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    Each member of the Board and any hearing officer designated 
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by the
Board shall have the power to administer oaths and to 
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take the testimony
of persons under oath.

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    (g) Except under subsection (a) of this Section, a majority 
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of the
members then appointed to the Prisoner Review Board 
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shall constitute a
quorum for the transaction of all business 
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of the Board.

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    (h) The Prisoner Review Board shall annually transmit to 
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the
Director a detailed report of its work for the preceding 
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calendar year.
The annual report shall also be transmitted to 
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the Governor for
submission to the Legislature.

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(Source: P.A. 93-207, eff. 1-1-04.)