Rep. Harry R. Ramey Jr.
Filed: 5/21/2008
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1 | AMENDMENT TO HOUSE BILL 5756
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2 | AMENDMENT NO. ______. Amend House Bill 5756, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Unified Code of Corrections is amended by | ||||||
6 | changing Sections 3-2-2, 3-3-2, 3-3-3, and 3-3-8 as follows:
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7 | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
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8 | Sec. 3-2-2. Powers and Duties of the Department.
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9 | (1) In addition to the powers, duties and responsibilities | ||||||
10 | which are
otherwise provided by law, the Department shall have | ||||||
11 | the following powers:
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12 | (a) To accept persons committed to it by the courts of | ||||||
13 | this State for
care, custody, treatment and | ||||||
14 | rehabilitation, and to accept federal prisoners and aliens | ||||||
15 | over whom the Office of the Federal Detention Trustee is | ||||||
16 | authorized to exercise the federal detention function for |
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1 | limited purposes and periods of time.
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2 | (b) To develop and maintain reception and evaluation | ||||||
3 | units for purposes
of analyzing the custody and | ||||||
4 | rehabilitation needs of persons committed to
it and to | ||||||
5 | assign such persons to institutions and programs under its | ||||||
6 | control
or transfer them to other appropriate agencies. In | ||||||
7 | consultation with the
Department of Alcoholism and | ||||||
8 | Substance Abuse (now the Department of Human
Services), the | ||||||
9 | Department of Corrections
shall develop a master plan for | ||||||
10 | the screening and evaluation of persons
committed to its | ||||||
11 | custody who have alcohol or drug abuse problems, and for
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12 | making appropriate treatment available to such persons; | ||||||
13 | the Department
shall report to the General Assembly on such | ||||||
14 | plan not later than April 1,
1987. The maintenance and | ||||||
15 | implementation of such plan shall be contingent
upon the | ||||||
16 | availability of funds.
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17 | (b-1) To create and implement, on January 1, 2002, a | ||||||
18 | pilot
program to
establish the effectiveness of | ||||||
19 | pupillometer technology (the measurement of the
pupil's
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20 | reaction to light) as an alternative to a urine test for | ||||||
21 | purposes of screening
and evaluating
persons committed to | ||||||
22 | its custody who have alcohol or drug problems. The
pilot | ||||||
23 | program shall require the pupillometer technology to be | ||||||
24 | used in at
least one Department of
Corrections facility. | ||||||
25 | The Director may expand the pilot program to include an
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26 | additional facility or
facilities as he or she deems |
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1 | appropriate.
A minimum of 4,000 tests shall be included in | ||||||
2 | the pilot program.
The
Department must report to the
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3 | General Assembly on the
effectiveness of the program by | ||||||
4 | January 1, 2003.
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5 | (b-5) To develop, in consultation with the Department | ||||||
6 | of State Police, a
program for tracking and evaluating each | ||||||
7 | inmate from commitment through release
for recording his or | ||||||
8 | her gang affiliations, activities, or ranks.
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9 | (c) To maintain and administer all State correctional | ||||||
10 | institutions and
facilities under its control and to | ||||||
11 | establish new ones as needed. Pursuant
to its power to | ||||||
12 | establish new institutions and facilities, the Department
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13 | may, with the written approval of the Governor, authorize | ||||||
14 | the Department of
Central Management Services to enter into | ||||||
15 | an agreement of the type
described in subsection (d) of | ||||||
16 | Section 405-300 of the
Department
of Central Management | ||||||
17 | Services Law (20 ILCS 405/405-300). The Department shall
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18 | designate those institutions which
shall constitute the | ||||||
19 | State Penitentiary System.
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20 | Pursuant to its power to establish new institutions and | ||||||
21 | facilities, the
Department may authorize the Department of | ||||||
22 | Central Management Services to
accept bids from counties | ||||||
23 | and municipalities for the construction,
remodeling or | ||||||
24 | conversion of a structure to be leased to the Department of
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25 | Corrections for the purposes of its serving as a | ||||||
26 | correctional institution
or facility. Such construction, |
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1 | remodeling or conversion may be financed
with revenue bonds | ||||||
2 | issued pursuant to the Industrial Building Revenue Bond
Act | ||||||
3 | by the municipality or county. The lease specified in a bid | ||||||
4 | shall be
for a term of not less than the time needed to | ||||||
5 | retire any revenue bonds
used to finance the project, but | ||||||
6 | not to exceed 40 years. The lease may
grant to the State | ||||||
7 | the option to purchase the structure outright.
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8 | Upon receipt of the bids, the Department may certify | ||||||
9 | one or more of the
bids and shall submit any such bids to | ||||||
10 | the General Assembly for approval.
Upon approval of a bid | ||||||
11 | by a constitutional majority of both houses of the
General | ||||||
12 | Assembly, pursuant to joint resolution, the Department of | ||||||
13 | Central
Management Services may enter into an agreement | ||||||
14 | with the county or
municipality pursuant to such bid.
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15 | (c-5) To build and maintain regional juvenile | ||||||
16 | detention centers and to
charge a per diem to the counties | ||||||
17 | as established by the Department to defray
the costs of | ||||||
18 | housing each minor in a center. In this subsection (c-5),
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19 | "juvenile
detention center" means a facility to house | ||||||
20 | minors during pendency of trial who
have been transferred | ||||||
21 | from proceedings under the Juvenile Court Act of 1987 to
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22 | prosecutions under the criminal laws of this State in | ||||||
23 | accordance with Section
5-805 of the Juvenile Court Act of | ||||||
24 | 1987, whether the transfer was by operation
of
law or | ||||||
25 | permissive under that Section. The Department shall | ||||||
26 | designate the
counties to be served by each regional |
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1 | juvenile detention center.
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2 | (d) To develop and maintain programs of control, | ||||||
3 | rehabilitation and
employment of committed persons within | ||||||
4 | its institutions.
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5 | (d-5) To provide a pre-release job preparation program | ||||||
6 | for inmates at Illinois adult correctional centers.
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7 | (e) To establish a system of supervision and guidance | ||||||
8 | of committed persons
in the community.
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9 | (f) To establish in cooperation with the Department of | ||||||
10 | Transportation
to supply a sufficient number of prisoners | ||||||
11 | for use by the Department of
Transportation to clean up the | ||||||
12 | trash and garbage along State, county,
township, or | ||||||
13 | municipal highways as designated by the Department of
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14 | Transportation. The Department of Corrections, at the | ||||||
15 | request of the
Department of Transportation, shall furnish | ||||||
16 | such prisoners at least
annually for a period to be agreed | ||||||
17 | upon between the Director of
Corrections and the Director | ||||||
18 | of Transportation. The prisoners used on this
program shall | ||||||
19 | be selected by the Director of Corrections on whatever | ||||||
20 | basis
he deems proper in consideration of their term, | ||||||
21 | behavior and earned eligibility
to participate in such | ||||||
22 | program - where they will be outside of the prison
facility | ||||||
23 | but still in the custody of the Department of Corrections. | ||||||
24 | Prisoners
convicted of first degree murder, or a Class X | ||||||
25 | felony, or armed violence, or
aggravated kidnapping, or | ||||||
26 | criminal sexual assault, aggravated criminal sexual
abuse |
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1 | or a subsequent conviction for criminal sexual abuse, or | ||||||
2 | forcible
detention, or arson, or a prisoner adjudged a | ||||||
3 | Habitual Criminal shall not be
eligible for selection to | ||||||
4 | participate in such program. The prisoners shall
remain as | ||||||
5 | prisoners in the custody of the Department of Corrections | ||||||
6 | and such
Department shall furnish whatever security is | ||||||
7 | necessary. The Department of
Transportation shall furnish | ||||||
8 | trucks and equipment for the highway cleanup
program and | ||||||
9 | personnel to supervise and direct the program. Neither the
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10 | Department of Corrections nor the Department of | ||||||
11 | Transportation shall replace
any regular employee with a | ||||||
12 | prisoner.
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13 | (g) To maintain records of persons committed to it and | ||||||
14 | to establish
programs of research, statistics and | ||||||
15 | planning.
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16 | (h) To investigate the grievances of any person | ||||||
17 | committed to the
Department, to inquire into any alleged | ||||||
18 | misconduct by employees
or committed persons, and to | ||||||
19 | investigate the assets
of committed persons to implement | ||||||
20 | Section 3-7-6 of this Code; and for
these purposes it may | ||||||
21 | issue subpoenas and compel the attendance of witnesses
and | ||||||
22 | the production of writings and papers, and may examine | ||||||
23 | under oath any
witnesses who may appear before it; to also | ||||||
24 | investigate alleged violations
of a parolee's or | ||||||
25 | releasee's conditions of parole or release; and for this
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26 | purpose it may issue subpoenas and compel the attendance of |
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1 | witnesses and
the production of documents only if there is | ||||||
2 | reason to believe that such
procedures would provide | ||||||
3 | evidence that such violations have occurred.
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4 | If any person fails to obey a subpoena issued under | ||||||
5 | this subsection,
the Director may apply to any circuit | ||||||
6 | court to secure compliance with the
subpoena. The failure | ||||||
7 | to comply with the order of the court issued in
response | ||||||
8 | thereto shall be punishable as contempt of court.
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9 | (i) To appoint and remove the chief administrative | ||||||
10 | officers, and
administer
programs of training and | ||||||
11 | development of personnel of the Department. Personnel
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12 | assigned by the Department to be responsible for the
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13 | custody and control of committed persons or to investigate | ||||||
14 | the alleged
misconduct of committed persons or employees or | ||||||
15 | alleged violations of a
parolee's or releasee's conditions | ||||||
16 | of parole shall be conservators of the peace
for those | ||||||
17 | purposes, and shall have the full power of peace officers | ||||||
18 | outside
of the facilities of the Department in the | ||||||
19 | protection, arrest, retaking
and reconfining of committed | ||||||
20 | persons or where the exercise of such power
is necessary to | ||||||
21 | the investigation of such misconduct or violations.
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22 | (j) To cooperate with other departments and agencies | ||||||
23 | and with local
communities for the development of standards | ||||||
24 | and programs for better
correctional services in this | ||||||
25 | State.
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26 | (k) To administer all moneys and properties of the |
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1 | Department.
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2 | (l) To report annually to the Governor on the committed
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3 | persons, institutions and programs of the Department.
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4 | (l-5) In a confidential annual report to the Governor, | ||||||
5 | the Department
shall
identify all inmate gangs by | ||||||
6 | specifying each current gang's name, population
and allied | ||||||
7 | gangs. The Department shall further specify the number of | ||||||
8 | top
leaders identified by the Department for each gang | ||||||
9 | during the past year, and
the measures taken by the | ||||||
10 | Department to segregate each leader from his or her
gang | ||||||
11 | and allied gangs. The Department shall further report the | ||||||
12 | current status
of leaders identified and segregated in | ||||||
13 | previous years. All leaders described
in the report shall | ||||||
14 | be identified by inmate number or other designation to
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15 | enable tracking, auditing, and verification without | ||||||
16 | revealing the names of the
leaders. Because this report | ||||||
17 | contains law enforcement intelligence information
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18 | collected by the Department, the report is confidential and | ||||||
19 | not subject to
public disclosure.
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20 | (m) To make all rules and regulations and exercise all | ||||||
21 | powers and duties
vested by law in the Department.
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22 | (n) To establish rules and regulations for | ||||||
23 | administering a system of
good conduct credits, | ||||||
24 | established in accordance with Section 3-6-3, subject
to | ||||||
25 | review by the Prisoner Review Board.
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26 | (o) To administer the distribution of funds
from the |
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1 | State Treasury to reimburse counties where State penal
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2 | institutions are located for the payment of assistant | ||||||
3 | state's attorneys'
salaries under Section 4-2001 of the | ||||||
4 | Counties Code.
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5 | (p) To exchange information with the Department of | ||||||
6 | Human Services and the
Department of Healthcare and Family | ||||||
7 | Services
for the purpose of verifying living arrangements | ||||||
8 | and for other purposes
directly connected with the | ||||||
9 | administration of this Code and the Illinois
Public Aid | ||||||
10 | Code.
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11 | (q) To establish a diversion program.
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12 | The program shall provide a structured environment for | ||||||
13 | selected
technical parole or mandatory supervised release | ||||||
14 | violators and committed
persons who have violated the rules | ||||||
15 | governing their conduct while in work
release. This program | ||||||
16 | shall not apply to those persons who have committed
a new | ||||||
17 | offense while serving on parole or mandatory supervised | ||||||
18 | release or
while committed to work release.
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19 | Elements of the program shall include, but shall not be | ||||||
20 | limited to, the
following:
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21 | (1) The staff of a diversion facility shall provide | ||||||
22 | supervision in
accordance with required objectives set | ||||||
23 | by the facility.
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24 | (2) Participants shall be required to maintain | ||||||
25 | employment.
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26 | (3) Each participant shall pay for room and board |
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1 | at the facility on a
sliding-scale basis according to | ||||||
2 | the participant's income.
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3 | (4) Each participant shall:
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4 | (A) provide restitution to victims in | ||||||
5 | accordance with any court order;
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6 | (B) provide financial support to his | ||||||
7 | dependents; and
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8 | (C) make appropriate payments toward any other | ||||||
9 | court-ordered
obligations.
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10 | (5) Each participant shall complete community | ||||||
11 | service in addition to
employment.
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12 | (6) Participants shall take part in such | ||||||
13 | counseling, educational and
other programs as the | ||||||
14 | Department may deem appropriate.
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15 | (7) Participants shall submit to drug and alcohol | ||||||
16 | screening.
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17 | (8) The Department shall promulgate rules | ||||||
18 | governing the administration
of the program.
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19 | (r) To enter into intergovernmental cooperation | ||||||
20 | agreements under which
persons in the custody of the | ||||||
21 | Department may participate in a county impact
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22 | incarceration program established under Section 3-6038 or | ||||||
23 | 3-15003.5 of the
Counties Code.
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24 | (r-5) (Blank).
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25 | (r-10) To systematically and routinely identify with | ||||||
26 | respect to each
streetgang active within the correctional |
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1 | system: (1) each active gang; (2)
every existing inter-gang | ||||||
2 | affiliation or alliance; and (3) the current leaders
in | ||||||
3 | each gang. The Department shall promptly segregate leaders | ||||||
4 | from inmates who
belong to their gangs and allied gangs. | ||||||
5 | "Segregate" means no physical contact
and, to the extent | ||||||
6 | possible under the conditions and space available at the
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7 | correctional facility, prohibition of visual and sound | ||||||
8 | communication. For the
purposes of this paragraph (r-10), | ||||||
9 | "leaders" means persons who:
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10 | (i) are members of a criminal streetgang;
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11 | (ii) with respect to other individuals within the | ||||||
12 | streetgang, occupy a
position of organizer, | ||||||
13 | supervisor, or other position of management or
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14 | leadership; and
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15 | (iii) are actively and personally engaged in | ||||||
16 | directing, ordering,
authorizing, or requesting | ||||||
17 | commission of criminal acts by others, which are
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18 | punishable as a felony, in furtherance of streetgang | ||||||
19 | related activity both
within and outside of the | ||||||
20 | Department of Corrections.
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21 | "Streetgang", "gang", and "streetgang related" have the | ||||||
22 | meanings ascribed to
them in Section 10 of the Illinois | ||||||
23 | Streetgang Terrorism Omnibus Prevention
Act.
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24 | (s) To operate a super-maximum security institution, | ||||||
25 | in order to
manage and
supervise inmates who are disruptive | ||||||
26 | or dangerous and provide for the safety
and security of the |
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1 | staff and the other inmates.
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2 | (t) To monitor any unprivileged conversation or any | ||||||
3 | unprivileged
communication, whether in person or by mail, | ||||||
4 | telephone, or other means,
between an inmate who, before | ||||||
5 | commitment to the Department, was a member of an
organized | ||||||
6 | gang and any other person without the need to show cause or | ||||||
7 | satisfy
any other requirement of law before beginning the | ||||||
8 | monitoring, except as
constitutionally required. The | ||||||
9 | monitoring may be by video, voice, or other
method of | ||||||
10 | recording or by any other means. As used in this | ||||||
11 | subdivision (1)(t),
"organized gang" has the meaning | ||||||
12 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
13 | Terrorism Omnibus Prevention Act.
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14 | As used in this subdivision (1)(t), "unprivileged | ||||||
15 | conversation" or
"unprivileged communication" means a | ||||||
16 | conversation or communication that is not
protected by any | ||||||
17 | privilege recognized by law or by decision, rule, or order | ||||||
18 | of
the Illinois Supreme Court.
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19 | (u) To establish a Women's and Children's Pre-release | ||||||
20 | Community
Supervision
Program for the purpose of providing | ||||||
21 | housing and services to eligible female
inmates, as | ||||||
22 | determined by the Department, and their newborn and young
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23 | children.
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24 | (v) To do all other acts necessary to carry out the | ||||||
25 | provisions
of this Chapter.
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26 | (2) The Department of Corrections shall by January 1, 1998, |
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1 | consider
building and operating a correctional facility within | ||||||
2 | 100 miles of a county of
over 2,000,000 inhabitants, especially | ||||||
3 | a facility designed to house juvenile
participants in the | ||||||
4 | impact incarceration program.
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5 | (3) When the Department lets bids for contracts for medical
| ||||||
6 | services to be provided to persons committed to Department | ||||||
7 | facilities by
a health maintenance organization, medical | ||||||
8 | service corporation, or other
health care provider, the bid may | ||||||
9 | only be let to a health care provider
that has obtained an | ||||||
10 | irrevocable letter of credit or performance bond
issued by a | ||||||
11 | company whose bonds are rated AAA by a bond rating
| ||||||
12 | organization.
| ||||||
13 | (4) When the Department lets bids for
contracts for food or | ||||||
14 | commissary services to be provided to
Department facilities, | ||||||
15 | the bid may only be let to a food or commissary
services | ||||||
16 | provider that has obtained an irrevocable letter of
credit or | ||||||
17 | performance bond issued by a company whose bonds are rated
AAA | ||||||
18 | by a bond rating organization.
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19 | (5) The Illinois Department of Corrections (IDOC) shall | ||||||
20 | enter into a Memorandum of Understanding (MOU) with the U.S. | ||||||
21 | Immigration and Customs Enforcement (ICE), pursuant to Section | ||||||
22 | 241 (a) of the Immigration and Nationality Act, codified at 8 | ||||||
23 | U.S.C. Section 1231 (a), as amended by the Homeland Security | ||||||
24 | Act of 2002, Public Law No. 107-296 as codified at 6 U.S.C. | ||||||
25 | Sections 131-134 which authorizes the Secretary of the | ||||||
26 | Department of Homeland Security to enter into written |
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1 | agreements with a state or any political subdivision of a state | ||||||
2 | to remove an alien in the custody of that state.
The purpose of | ||||||
3 | the MOU is to set forth terms by which ICE and IDOC will | ||||||
4 | cooperate in a Rapid Removal of Eligible Parolees Accepted for | ||||||
5 | Transfer ("Rapid REPAT") program, which allows for early | ||||||
6 | conditional release for deportation of removable custodial | ||||||
7 | aliens to their home countries. | ||||||
8 | (6) Notwithstanding any other rulemaking authority that | ||||||
9 | may exist, neither the Governor nor any agency or agency head | ||||||
10 | under the jurisdiction of the Governor has any authority to | ||||||
11 | make or promulgate rules to implement or enforce the provisions | ||||||
12 | of this amendatory Act of the 95th General Assembly. If, | ||||||
13 | however, the Governor believes that rules are necessary to | ||||||
14 | implement or enforce the provisions of this amendatory Act of | ||||||
15 | the 95th General Assembly, the Governor may suggest rules to | ||||||
16 | the General Assembly by filing them with the Clerk of the House | ||||||
17 | and the Secretary of the Senate and by requesting that the | ||||||
18 | General Assembly authorize such rulemaking by law, enact those | ||||||
19 | suggested rules into law, or take any other appropriate action | ||||||
20 | in the General Assembly's discretion. Nothing contained in this | ||||||
21 | amendatory Act of the 95th General Assembly shall be | ||||||
22 | interpreted to grant rulemaking authority under any other | ||||||
23 | Illinois statute where such authority is not otherwise | ||||||
24 | explicitly given. For the purposes of this Section, "rules" is | ||||||
25 | given the meaning contained in Section 1-70 of the Illinois | ||||||
26 | Administrative Procedure Act, and "agency" and "agency head" |
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| |||||||
1 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
2 | the Illinois Administrative Procedure Act to the extent that | ||||||
3 | such definitions apply to agencies or agency heads under the | ||||||
4 | jurisdiction of the Governor. | ||||||
5 | (Source: P.A. 93-839, eff. 7-30-04; 94-696, eff. 6-1-06; | ||||||
6 | 94-1067, eff. 8-1-06.)
| ||||||
7 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
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8 | Sec. 3-3-2. Powers and Duties.
| ||||||
9 | (a) The Parole and Pardon Board is abolished and the term | ||||||
10 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||
11 | read "Prisoner Review
Board." After the effective date of this | ||||||
12 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||
13 | by rule for the orderly transition of
all files, records, and | ||||||
14 | documents of the Parole and Pardon Board and for
such other | ||||||
15 | steps as may be necessary to effect an orderly transition and | ||||||
16 | shall:
| ||||||
17 | (1) hear by at least one member and through a panel of | ||||||
18 | 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 of | ||||||
23 | at least 3 members decide, the conditions of
parole and the | ||||||
24 | time of discharge from parole, impose sanctions for
| ||||||
25 | violations of parole, and revoke
parole for those sentenced |
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| |||||||
1 | under the law in effect prior to this amendatory
Act of | ||||||
2 | 1977; provided that the decision to parole and the | ||||||
3 | conditions of
parole for all prisoners who were sentenced | ||||||
4 | for first degree murder or who
received a minimum sentence | ||||||
5 | of 20 years or more under the law in effect
prior to | ||||||
6 | February 1, 1978 shall be determined by a majority vote of | ||||||
7 | the
Prisoner Review Board;
| ||||||
8 | (3) hear by at least one member and through a panel of | ||||||
9 | at least 3 members decide, the conditions
of mandatory | ||||||
10 | supervised release and the time of discharge from mandatory
| ||||||
11 | supervised release, impose sanctions for violations of | ||||||
12 | mandatory
supervised release, and revoke mandatory | ||||||
13 | supervised release for those
sentenced under the law in | ||||||
14 | effect after the effective date of this
amendatory Act of | ||||||
15 | 1977;
| ||||||
16 | (3.5) hear by at least one member and through a panel | ||||||
17 | of at least 3 members decide, the conditions of mandatory | ||||||
18 | supervised release and the time of discharge from mandatory | ||||||
19 | supervised release, to impose sanctions for violations of | ||||||
20 | mandatory supervised release and revoke mandatory | ||||||
21 | supervised release for those serving extended supervised | ||||||
22 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
23 | of Section 5-8-1;
| ||||||
24 | (4) hear by at least 1 member and through a panel of at | ||||||
25 | least 3
members,
decide cases brought by the Department of | ||||||
26 | Corrections against a prisoner in
the custody of the |
| |||||||
| |||||||
1 | Department for alleged violation of Department rules
with | ||||||
2 | respect to good conduct credits pursuant to Section 3-6-3 | ||||||
3 | of this Code
in which the Department seeks to revoke good | ||||||
4 | conduct credits, if the amount
of time at issue exceeds 30 | ||||||
5 | days or when, during any 12 month period, the
cumulative | ||||||
6 | amount of credit revoked exceeds 30 days except where the
| ||||||
7 | infraction is committed or discovered within 60 days of | ||||||
8 | scheduled release.
In such cases, the Department of | ||||||
9 | Corrections may revoke up to 30 days of
good conduct | ||||||
10 | credit. The Board may subsequently approve the revocation | ||||||
11 | of
additional good conduct credit, if the Department seeks | ||||||
12 | to revoke good
conduct credit in excess of thirty days. | ||||||
13 | However, the Board shall not be
empowered to review the | ||||||
14 | Department's decision with respect to the loss of
30 days | ||||||
15 | of good conduct credit for any prisoner or to increase any | ||||||
16 | penalty
beyond the length requested by the Department;
| ||||||
17 | (5) hear by at least one member and through a panel of | ||||||
18 | at least 3
members decide, the
release dates for certain | ||||||
19 | prisoners sentenced under the law in existence
prior to the | ||||||
20 | effective date of this amendatory Act of 1977, in
| ||||||
21 | accordance with Section 3-3-2.1 of this Code;
| ||||||
22 | (6) hear by at least one member and through a panel of | ||||||
23 | at least 3 members
decide, all requests for pardon, | ||||||
24 | reprieve or commutation, and make confidential
| ||||||
25 | recommendations to the Governor;
| ||||||
26 | (7) comply with the requirements of the Open Parole |
| |||||||
| |||||||
1 | Hearings Act;
| ||||||
2 | (8) hear by at least one member and, through a panel of | ||||||
3 | at least 3
members, decide cases brought by the Department | ||||||
4 | of Corrections against a
prisoner in the custody of the | ||||||
5 | Department for court dismissal of a frivolous
lawsuit | ||||||
6 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
7 | Department seeks
to revoke up to 180 days of good conduct | ||||||
8 | credit, and if the prisoner has not
accumulated 180 days of | ||||||
9 | good conduct credit at the time of the dismissal, then
all | ||||||
10 | good conduct credit accumulated by the prisoner shall be | ||||||
11 | revoked;
and
| ||||||
12 | (9) hear by at least 3 members, and, through a panel of | ||||||
13 | at least 3
members, decide whether to grant certificates of | ||||||
14 | relief from
disabilities or certificates of good conduct as | ||||||
15 | provided in Article 5.5 of
Chapter V ; and .
| ||||||
16 | (10) hear by at least one member and, through a panel | ||||||
17 | of at least 3 members, decide all requests for release of | ||||||
18 | prisoners subject to detainers filed by the United States | ||||||
19 | Department of Homeland Security, Immigration and Customs | ||||||
20 | Enforcement, or its successor. | ||||||
21 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
22 | and in
coordination with the Department of Corrections and the | ||||||
23 | Department of Central
Management Services, shall implement a | ||||||
24 | pilot project in 3 correctional
institutions providing for the | ||||||
25 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
26 | (a) of this Section through interactive video conferences.
The
|
| |||||||
| |||||||
1 | project shall be implemented within 6 months after the | ||||||
2 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
3 | after the implementation of the pilot
project, the Prisoner | ||||||
4 | Review Board, with the cooperation of and in coordination
with | ||||||
5 | the Department of Corrections and the Department of Central | ||||||
6 | Management
Services, shall report to the Governor and the | ||||||
7 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
8 | future viability of interactive video
conferences for Prisoner | ||||||
9 | Review Board hearings.
| ||||||
10 | (b) Upon recommendation of the Department the Board may | ||||||
11 | restore good
conduct credit previously revoked.
| ||||||
12 | (c) The Board shall cooperate with the Department in | ||||||
13 | promoting an
effective system of parole and mandatory | ||||||
14 | supervised release.
| ||||||
15 | (d) The Board shall promulgate rules for the conduct of its | ||||||
16 | work,
and the Chairman shall file a copy of such rules and any | ||||||
17 | amendments
thereto with the Director and with the Secretary of | ||||||
18 | State.
| ||||||
19 | (e) The Board shall keep records of all of its official | ||||||
20 | actions and
shall make them accessible in accordance with law | ||||||
21 | and the rules of the
Board.
| ||||||
22 | (f) The Board or one who has allegedly violated the | ||||||
23 | conditions of
his parole or mandatory supervised release may | ||||||
24 | require by subpoena the
attendance and testimony of witnesses | ||||||
25 | and the production of documentary
evidence relating to any | ||||||
26 | matter under investigation or hearing. The
Chairman of the |
| |||||||
| |||||||
1 | Board may sign subpoenas which shall be served by any
agent or | ||||||
2 | public official authorized by the Chairman of the Board, or by
| ||||||
3 | any person lawfully authorized to serve a subpoena under the | ||||||
4 | laws of the
State of Illinois. The attendance of witnesses, and | ||||||
5 | the production of
documentary evidence, may be required from | ||||||
6 | any place in the State to a
hearing location in the State | ||||||
7 | before the Chairman of the Board or his
designated agent or | ||||||
8 | agents or any duly constituted Committee or
Subcommittee of the | ||||||
9 | Board. Witnesses so summoned shall be paid the same
fees and | ||||||
10 | mileage that are paid witnesses in the circuit courts of the
| ||||||
11 | State, and witnesses whose depositions are taken and the | ||||||
12 | persons taking
those depositions are each entitled to the same | ||||||
13 | fees as are paid for
like services in actions in the circuit | ||||||
14 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
15 | payment when the witness is discharged
from further attendance.
| ||||||
16 | In case of disobedience to a subpoena, the Board may | ||||||
17 | petition any
circuit court of the State for an order requiring | ||||||
18 | the attendance and
testimony of witnesses or the production of | ||||||
19 | documentary evidence or
both. A copy of such petition shall be | ||||||
20 | served by personal service or by
registered or certified mail | ||||||
21 | upon the person who has failed to obey the
subpoena, and such | ||||||
22 | person shall be advised in writing that a hearing
upon the | ||||||
23 | petition will be requested in a court room to be designated in
| ||||||
24 | such notice before the judge hearing motions or extraordinary | ||||||
25 | remedies
at a specified time, on a specified date, not less | ||||||
26 | than 10 nor more than
15 days after the deposit of the copy of |
| |||||||
| |||||||
1 | the written notice and petition
in the U.S. mails addressed to | ||||||
2 | the person at his last known address or
after the personal | ||||||
3 | service of the copy of the notice and petition upon
such | ||||||
4 | person. The court upon the filing of such a petition, may order | ||||||
5 | the
person refusing to obey the subpoena to appear at an | ||||||
6 | investigation or
hearing, or to there produce documentary | ||||||
7 | evidence, if so ordered, or to
give evidence relative to the | ||||||
8 | subject matter of that investigation or
hearing. Any failure to | ||||||
9 | obey such order of the circuit court may be
punished by that | ||||||
10 | court as a contempt of court.
| ||||||
11 | Each member of the Board and any hearing officer designated | ||||||
12 | by the
Board shall have the power to administer oaths and to | ||||||
13 | take the testimony
of persons under oath.
| ||||||
14 | (g) Except under subsection (a) of this Section, a majority | ||||||
15 | of the
members then appointed to the Prisoner Review Board | ||||||
16 | shall constitute a
quorum for the transaction of all business | ||||||
17 | of the Board.
| ||||||
18 | (h) The Prisoner Review Board shall annually transmit to | ||||||
19 | the
Director a detailed report of its work for the preceding | ||||||
20 | calendar year.
The annual report shall also be transmitted to | ||||||
21 | the Governor for
submission to the Legislature.
| ||||||
22 | (i) Notwithstanding any other rulemaking authority that | ||||||
23 | may exist, neither the Governor nor any agency or agency head | ||||||
24 | under the jurisdiction of the Governor has any authority to | ||||||
25 | make or promulgate rules to implement or enforce the provisions | ||||||
26 | of this amendatory Act of the 95th General Assembly. If, |
| |||||||
| |||||||
1 | however, the Governor believes that rules are necessary to | ||||||
2 | implement or enforce the provisions of this amendatory Act of | ||||||
3 | the 95th General Assembly, the Governor may suggest rules to | ||||||
4 | the General Assembly by filing them with the Clerk of the House | ||||||
5 | and the Secretary of the Senate and by requesting that the | ||||||
6 | General Assembly authorize such rulemaking by law, enact those | ||||||
7 | suggested rules into law, or take any other appropriate action | ||||||
8 | in the General Assembly's discretion. Nothing contained in this | ||||||
9 | amendatory Act of the 95th General Assembly shall be | ||||||
10 | interpreted to grant rulemaking authority under any other | ||||||
11 | Illinois statute where such authority is not otherwise | ||||||
12 | explicitly given. For the purposes of this Section, "rules" is | ||||||
13 | given the meaning contained in Section 1-70 of the Illinois | ||||||
14 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
15 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
16 | the Illinois Administrative Procedure Act to the extent that | ||||||
17 | such definitions apply to agencies or agency heads under the | ||||||
18 | jurisdiction of the Governor. | ||||||
19 | (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
| ||||||
20 | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
| ||||||
21 | Sec. 3-3-3. Eligibility for Parole or Release.
| ||||||
22 | (a) Except for those offenders who accept the fixed release
| ||||||
23 | date established by the Prisoner Review Board under Section
| ||||||
24 | 3-3-2.1, every person serving a term of imprisonment under
the | ||||||
25 | law in effect prior to the effective date of this
amendatory |
| |||||||
| |||||||
1 | Act of 1977 shall be eligible for parole when
he has served:
| ||||||
2 | (1) the minimum term of an indeterminate sentence less
| ||||||
3 | time credit for good behavior, or 20 years less time credit
| ||||||
4 | for good behavior, whichever is less; or
| ||||||
5 | (2) 20 years of a life sentence less time credit for | ||||||
6 | good behavior; or
| ||||||
7 | (3) 20 years or one-third of a determinate sentence,
| ||||||
8 | whichever is less, less time credit for good behavior.
| ||||||
9 | (b) No person sentenced under this amendatory Act of 1977 | ||||||
10 | or who accepts
a release date under Section 3-3-2.1 shall be | ||||||
11 | eligible for parole.
| ||||||
12 | (c) Except for those sentenced to a term of natural
life | ||||||
13 | imprisonment, every person sentenced to imprisonment
under | ||||||
14 | this amendatory Act of 1977 or given a release date
under | ||||||
15 | Section 3-3-2.1 of this Act shall serve the full term
of a | ||||||
16 | determinate sentence less time credit for good behavior
and | ||||||
17 | shall then be released under the mandatory supervised
release | ||||||
18 | provisions of paragraph (d) of Section 5-8-1 of this Code.
| ||||||
19 | (d) No person serving a term of natural life imprisonment | ||||||
20 | may be paroled
or released except through executive clemency.
| ||||||
21 | (e) Every person committed to the Department of Juvenile | ||||||
22 | Justice under Section
5-10 of the Juvenile Court Act or Section | ||||||
23 | 5-750 of the Juvenile
Court Act
of 1987 or Section 5-8-6 of | ||||||
24 | this Code and confined in the State correctional
institutions | ||||||
25 | or facilities if such juvenile has not been
tried as an adult | ||||||
26 | shall be eligible for parole without
regard to the length of |
| |||||||
| |||||||
1 | time the person has been confined
or whether the person has | ||||||
2 | served any minimum term imposed.
However, if a juvenile has | ||||||
3 | been tried as an adult he shall
only be eligible for parole or | ||||||
4 | mandatory supervised release
as an adult under this Section.
| ||||||
5 | (f) Notwithstanding any other provision of law, any | ||||||
6 | offender who meets the following criteria may be released by | ||||||
7 | the Prisoner Review Board to the custody of the United States | ||||||
8 | Department of Homeland Security, Immigration and Customs | ||||||
9 | Enforcement: | ||||||
10 | (1) a final order of deportation has been issued | ||||||
11 | against the offender; | ||||||
12 | (2) the offender has less than one year remaining on | ||||||
13 | his or her sentence of incarceration with the Department of | ||||||
14 | Corrections; and | ||||||
15 | (3) the offender is not serving a sentence for a | ||||||
16 | forcible felony, as defined in the Criminal Code of 1961; | ||||||
17 | for any offense "directed against the person", as | ||||||
18 | identified in Part B of Title III of the Criminal Code; for | ||||||
19 | any offense "affecting governmental functions", as | ||||||
20 | identified in Part E of Title III of the Criminal Code of | ||||||
21 | 1961; for any "aggravated" offense, as identified in Part F | ||||||
22 | of Title III of the Criminal Code of 1961; or for an | ||||||
23 | offense falling into a Class of felony other than Class 3 | ||||||
24 | or 4, as set out in the Criminal Code of 1961 and the | ||||||
25 | Unified Code of Corrections. | ||||||
26 | The Board may condition the early release of an offender |
| |||||||
| |||||||
1 | under this paragraph on receipt of assurance from Immigration | ||||||
2 | and Customs Enforcement that the order of deportation will be | ||||||
3 | executed promptly and that an offender released hereunder will | ||||||
4 | not be released from the custody of Immigration and Customs | ||||||
5 | Enforcement, unless such release is a result of deportation, | ||||||
6 | without notice to the Board and an opportunity for issuance of | ||||||
7 | a parole violation warrant for the retaking of the offender. | ||||||
8 | If an offender released under this subsection returns | ||||||
9 | illegally to the United States, on notification from any | ||||||
10 | federal, state, or local law enforcement authority that the | ||||||
11 | offender is in custody, the Board shall revoke his parole or | ||||||
12 | mandatory supervised release. Thereafter, the offender shall | ||||||
13 | not be eligible for release without first having served the | ||||||
14 | full remainder of his term of incarceration. In such event, | ||||||
15 | though, the time spent in the custody of Immigration and | ||||||
16 | Customs Enforcement shall be credited against the remainder of | ||||||
17 | the term of incarceration. | ||||||
18 | (g) Notwithstanding any other rulemaking authority that | ||||||
19 | may exist, neither the Governor nor any agency or agency head | ||||||
20 | under the jurisdiction of the Governor has any authority to | ||||||
21 | make or promulgate rules to implement or enforce the provisions | ||||||
22 | of this amendatory Act of the 95th General Assembly. If, | ||||||
23 | however, the Governor believes that rules are necessary to | ||||||
24 | implement or enforce the provisions of this amendatory Act of | ||||||
25 | the 95th General Assembly, the Governor may suggest rules to | ||||||
26 | the General Assembly by filing them with the Clerk of the House |
| |||||||
| |||||||
1 | and the Secretary of the Senate and by requesting that the | ||||||
2 | General Assembly authorize such rulemaking by law, enact those | ||||||
3 | suggested rules into law, or take any other appropriate action | ||||||
4 | in the General Assembly's discretion. Nothing contained in this | ||||||
5 | amendatory Act of the 95th General Assembly shall be | ||||||
6 | interpreted to grant rulemaking authority under any other | ||||||
7 | Illinois statute where such authority is not otherwise | ||||||
8 | explicitly given. For the purposes of this Section, "rules" is | ||||||
9 | given the meaning contained in Section 1-70 of the Illinois | ||||||
10 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
11 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
12 | the Illinois Administrative Procedure Act to the extent that | ||||||
13 | such definitions apply to agencies or agency heads under the | ||||||
14 | jurisdiction of the Governor. | ||||||
15 | (Source: P.A. 94-696, eff. 6-1-06 .)
| ||||||
16 | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| ||||||
17 | Sec. 3-3-8. Length of parole and mandatory supervised
| ||||||
18 | release; discharge.)
| ||||||
19 | (a) The length of parole
for a person sentenced under the | ||||||
20 | law in effect prior to
the effective date of this amendatory | ||||||
21 | Act of 1977 and the
length of mandatory supervised release for | ||||||
22 | those sentenced
under the law in effect on and after such | ||||||
23 | effective date
shall be as set out in Section 5-8-1 unless | ||||||
24 | sooner terminated
under paragraph (b) of this Section. The | ||||||
25 | parole period
of a juvenile committed to the Department under |
| |||||||
| |||||||
1 | the Juvenile
Court Act or the Juvenile Court Act of 1987 shall | ||||||
2 | extend until he is 21
years of age unless sooner terminated | ||||||
3 | under paragraph (b) of this Section.
| ||||||
4 | (b) The Prisoner Review Board may enter an order
releasing | ||||||
5 | and discharging one from parole or mandatory
supervised | ||||||
6 | release, and his commitment to the Department,
when it | ||||||
7 | determines that he is likely to remain at liberty
without | ||||||
8 | committing another offense.
| ||||||
9 | (b-1) The Prisoner Review Board may enter an order | ||||||
10 | releasing and discharging an offender from parole or mandatory | ||||||
11 | supervised release in accordance with the provisions for early | ||||||
12 | release set out in subsection (f) of Section 3-3-3. | ||||||
13 | (c) The order of discharge shall become effective upon | ||||||
14 | entry of the
order of the Board. The Board shall notify the | ||||||
15 | clerk of the committing
court of the order. Upon receipt of | ||||||
16 | such copy, the clerk shall make an
entry on the record judgment | ||||||
17 | that the sentence or commitment has been
satisfied pursuant to | ||||||
18 | the order.
| ||||||
19 | (d) Rights of the person discharged under this
Section | ||||||
20 | shall be restored under Section 5-5-5. This Section is subject | ||||||
21 | to
Section 5-750 of the Juvenile Court Act of 1987.
| ||||||
22 | (e) Notwithstanding any other rulemaking authority that | ||||||
23 | may exist, neither the Governor nor any agency or agency head | ||||||
24 | under the jurisdiction of the Governor has any authority to | ||||||
25 | make or promulgate rules to implement or enforce the provisions | ||||||
26 | of this amendatory Act of the 95th General Assembly. If, |
| |||||||
| |||||||
1 | however, the Governor believes that rules are necessary to | ||||||
2 | implement or enforce the provisions of this amendatory Act of | ||||||
3 | the 95th General Assembly, the Governor may suggest rules to | ||||||
4 | the General Assembly by filing them with the Clerk of the House | ||||||
5 | and the Secretary of the Senate and by requesting that the | ||||||
6 | General Assembly authorize such rulemaking by law, enact those | ||||||
7 | suggested rules into law, or take any other appropriate action | ||||||
8 | in the General Assembly's discretion. Nothing contained in this | ||||||
9 | amendatory Act of the 95th General Assembly shall be | ||||||
10 | interpreted to grant rulemaking authority under any other | ||||||
11 | Illinois statute where such authority is not otherwise | ||||||
12 | explicitly given. For the purposes of this Section, "rules" is | ||||||
13 | given the meaning contained in Section 1-70 of the Illinois | ||||||
14 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
15 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
16 | the Illinois Administrative Procedure Act to the extent that | ||||||
17 | such definitions apply to agencies or agency heads under the | ||||||
18 | jurisdiction of the Governor. | ||||||
19 | (Source: P.A. 90-590, eff. 1-1-99.)".
|