Rep. Barbara Flynn Currie

Filed: 3/9/2017

 

 


 

 


 
10000HB2515ham001LRB100 06853 RLC 22972 a

1
AMENDMENT TO HOUSE BILL 2515

2    AMENDMENT NO. ______. Amend House Bill 2515 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-1, 3-3-2, 5-4.5-20, 5-4.5-25, 5-4.5-30,
6and 5-8-1 by adding Sections 5-4.5-110 and 5-4.5-115 as
7follows:
 
8    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
9    Sec. 3-3-1. Establishment and appointment of Prisoner
10Review Board.
11    (a) There shall be a Prisoner Review Board independent of
12the Department which shall be:
13        (1) the paroling authority for persons sentenced under
14    the law in effect prior to the effective date of this
15    amendatory Act of 1977;
16        (1.5) (blank);

 

 

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1        (2) the board of review for cases involving the
2    revocation of sentence credits or a suspension or reduction
3    in the rate of accumulating the credit;
4        (3) the board of review and recommendation for the
5    exercise of executive clemency by the Governor;
6        (4) the authority for establishing release dates for
7    certain prisoners sentenced under the law in existence
8    prior to the effective date of this amendatory Act of 1977,
9    in accordance with Section 3-3-2.1 of this Code;
10        (5) the authority for setting conditions for parole and
11    mandatory supervised release under Section 5-8-1(a) of
12    this Code, and determining whether a violation of those
13    conditions warrant revocation of parole or mandatory
14    supervised release or the imposition of other sanctions;
15    and
16        (6) the authority for determining whether a violation
17    of aftercare release conditions warrant revocation of
18    aftercare release.
19    (b) The Board shall consist of 15 persons appointed by the
20Governor by and with the advice and consent of the Senate. One
21member of the Board shall be designated by the Governor to be
22Chairman and shall serve as Chairman at the pleasure of the
23Governor. The members of the Board shall have had at least 5
24years of actual experience in the fields of penology,
25corrections work, law enforcement, sociology, law, education,
26social work, medicine, psychology, other behavioral sciences,

 

 

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1or a combination thereof. At least 9 6 members so appointed
2must have a post-graduate degree and had at least 5 3 years
3experience in the field of juvenile matters. No more than 8
4Board members may be members of the same political party. No
5more than 3 members so qualified in the field of juvenile
6matters may use their experience in law enforcement, the
7prosecution of juveniles, corrections, or their prior
8experience as a member of the Board prior to the effective date
9of this amendatory Act of the 100th General Assembly, towards
10their 5 years of actual experience in the field of juvenile
11matters.
12    Each member of the Board shall serve on a full-time basis
13and shall not hold any other salaried public office, whether
14elective or appointive, nor any other office or position of
15profit, nor engage in any other business, employment, or
16vocation. The Chairman of the Board shall receive $35,000 a
17year, or an amount set by the Compensation Review Board,
18whichever is greater, and each other member $30,000, or an
19amount set by the Compensation Review Board, whichever is
20greater.
21    (c) Notwithstanding any other provision of this Section,
22the term of each member of the Board who was appointed by the
23Governor and is in office on June 30, 2003 shall terminate at
24the close of business on that date or when all of the successor
25members to be appointed pursuant to this amendatory Act of the
2693rd General Assembly have been appointed by the Governor,

 

 

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1whichever occurs later. As soon as possible, the Governor shall
2appoint persons to fill the vacancies created by this
3amendatory Act.
4    Of the initial members appointed under this amendatory Act
5of the 93rd General Assembly, the Governor shall appoint 5
6members whose terms shall expire on the third Monday in January
72005, 5 members whose terms shall expire on the third Monday in
8January 2007, and 5 members whose terms shall expire on the
9third Monday in January 2009. Their respective successors shall
10be appointed for terms of 6 years from the third Monday in
11January of the year of appointment. Each member shall serve
12until his or her successor is appointed and qualified.
13    Any member may be removed by the Governor for incompetence,
14neglect of duty, malfeasance or inability to serve.
15    (d) The Chairman of the Board shall be its chief executive
16and administrative officer. The Board may have an Executive
17Director; if so, the Executive Director shall be appointed by
18the Governor with the advice and consent of the Senate. The
19salary and duties of the Executive Director shall be fixed by
20the Board.
21(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
22    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
23    Sec. 3-3-2. Powers and duties.
24    (a) The Parole and Pardon Board is abolished and the term
25"Parole and Pardon Board" as used in any law of Illinois, shall

 

 

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1read "Prisoner Review Board." After the effective date of this
2amendatory Act of 1977, the Prisoner Review Board shall provide
3by rule for the orderly transition of all files, records, and
4documents of the Parole and Pardon Board and for such other
5steps as may be necessary to effect an orderly transition and
6shall:
7        (1) hear by at least one member and through a panel of
8    at least 3 members decide, cases of prisoners who were
9    sentenced under the law in effect prior to the effective
10    date of this amendatory Act of 1977, and who are eligible
11    for parole;
12        (2) hear by at least one member and through a panel of
13    at least 3 members decide, the conditions of parole and the
14    time of discharge from parole, impose sanctions for
15    violations of parole, and revoke parole for those sentenced
16    under the law in effect prior to this amendatory Act of
17    1977; provided that the decision to parole and the
18    conditions of parole for all prisoners who were sentenced
19    for first degree murder or who received a minimum sentence
20    of 20 years or more under the law in effect prior to
21    February 1, 1978 shall be determined by a majority vote of
22    the Prisoner Review Board. One representative supporting
23    parole and one representative opposing parole will be
24    allowed to speak. Their comments shall be limited to making
25    corrections and filling in omissions to the Board's
26    presentation and discussion;

 

 

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1        (3) hear by at least one member and through a panel of
2    at least 3 members decide, the conditions of mandatory
3    supervised release and the time of discharge from mandatory
4    supervised release, impose sanctions for violations of
5    mandatory supervised release, and revoke mandatory
6    supervised release for those sentenced under the law in
7    effect after the effective date of this amendatory Act of
8    1977;
9        (3.5) hear by at least one member and through a panel
10    of at least 3 members decide, the conditions of mandatory
11    supervised release and the time of discharge from mandatory
12    supervised release, to impose sanctions for violations of
13    mandatory supervised release and revoke mandatory
14    supervised release for those serving extended supervised
15    release terms pursuant to paragraph (4) of subsection (d)
16    of Section 5-8-1;
17        (3.6) hear by at least one member and through a panel
18    of at least 3 members decide whether to revoke aftercare
19    release for those committed to the Department of Juvenile
20    Justice under the Juvenile Court Act of 1987;
21        (4) hear by at least one member and through a panel of
22    at least 3 members, decide cases brought by the Department
23    of Corrections against a prisoner in the custody of the
24    Department for alleged violation of Department rules with
25    respect to sentence credits under Section 3-6-3 of this
26    Code in which the Department seeks to revoke sentence

 

 

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1    credits, if the amount of time at issue exceeds 30 days or
2    when, during any 12 month period, the cumulative amount of
3    credit revoked exceeds 30 days except where the infraction
4    is committed or discovered within 60 days of scheduled
5    release. In such cases, the Department of Corrections may
6    revoke up to 30 days of sentence credit. The Board may
7    subsequently approve the revocation of additional sentence
8    credit, if the Department seeks to revoke sentence credit
9    in excess of thirty days. However, the Board shall not be
10    empowered to review the Department's decision with respect
11    to the loss of 30 days of sentence credit for any prisoner
12    or to increase any penalty beyond the length requested by
13    the Department;
14        (5) hear by at least one member and through a panel of
15    at least 3 members decide, the release dates for certain
16    prisoners sentenced under the law in existence prior to the
17    effective date of this amendatory Act of 1977, in
18    accordance with Section 3-3-2.1 of this Code;
19        (6) hear by at least one member and through a panel of
20    at least 3 members decide, all requests for pardon,
21    reprieve or commutation, and make confidential
22    recommendations to the Governor;
23        (6.5) hear, in accordance with Section 5-4.5-110 of
24    this Code, parole review and make release determinations of
25    persons under the age of 21 at the time of the commission
26    of an offense;

 

 

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1        (7) comply with the requirements of the Open Parole
2    Hearings Act;
3        (8) hear by at least one member and, through a panel of
4    at least 3 members, decide cases brought by the Department
5    of Corrections against a prisoner in the custody of the
6    Department for court dismissal of a frivolous lawsuit
7    pursuant to Section 3-6-3(d) of this Code in which the
8    Department seeks to revoke up to 180 days of sentence
9    credit, and if the prisoner has not accumulated 180 days of
10    sentence credit at the time of the dismissal, then all
11    sentence credit accumulated by the prisoner shall be
12    revoked;
13        (9) hear by at least 3 members, and, through a panel of
14    at least 3 members, decide whether to grant certificates of
15    relief from disabilities or certificates of good conduct as
16    provided in Article 5.5 of Chapter V;
17        (10) upon a petition by a person who has been convicted
18    of a Class 3 or Class 4 felony and who meets the
19    requirements of this paragraph, hear by at least 3 members
20    and, with the unanimous vote of a panel of 3 members, issue
21    a certificate of eligibility for sealing recommending that
22    the court order the sealing of all official records of the
23    arresting authority, the circuit court clerk, and the
24    Department of State Police concerning the arrest and
25    conviction for the Class 3 or 4 felony. A person may not
26    apply to the Board for a certificate of eligibility for

 

 

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1    sealing:
2            (A) until 5 years have elapsed since the expiration
3        of his or her sentence;
4            (B) until 5 years have elapsed since any arrests or
5        detentions by a law enforcement officer for an alleged
6        violation of law, other than a petty offense, traffic
7        offense, conservation offense, or local ordinance
8        offense;
9            (C) if convicted of a violation of the Cannabis
10        Control Act, Illinois Controlled Substances Act, the
11        Methamphetamine Control and Community Protection Act,
12        the Methamphetamine Precursor Control Act, or the
13        Methamphetamine Precursor Tracking Act unless the
14        petitioner has completed a drug abuse program for the
15        offense on which sealing is sought and provides proof
16        that he or she has completed the program successfully;
17            (D) if convicted of:
18                (i) a sex offense described in Article 11 or
19            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
20            the Criminal Code of 1961 or the Criminal Code of
21            2012;
22                (ii) aggravated assault;
23                (iii) aggravated battery;
24                (iv) domestic battery;
25                (v) aggravated domestic battery;
26                (vi) violation of an order of protection;

 

 

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1                (vii) an offense under the Criminal Code of
2            1961 or the Criminal Code of 2012 involving a
3            firearm;
4                (viii) driving while under the influence of
5            alcohol, other drug or drugs, intoxicating
6            compound or compounds or any combination thereof;
7                (ix) aggravated driving while under the
8            influence of alcohol, other drug or drugs,
9            intoxicating compound or compounds or any
10            combination thereof; or
11                (x) any crime defined as a crime of violence
12            under Section 2 of the Crime Victims Compensation
13            Act.
14        If a person has applied to the Board for a certificate
15    of eligibility for sealing and the Board denies the
16    certificate, the person must wait at least 4 years before
17    filing again or filing for pardon from the Governor unless
18    the Chairman of the Prisoner Review Board grants a waiver.
19        The decision to issue or refrain from issuing a
20    certificate of eligibility for sealing shall be at the
21    Board's sole discretion, and shall not give rise to any
22    cause of action against either the Board or its members.
23        The Board may only authorize the sealing of Class 3 and
24    4 felony convictions of the petitioner from one information
25    or indictment under this paragraph (10). A petitioner may
26    only receive one certificate of eligibility for sealing

 

 

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1    under this provision for life; and
2        (11) upon a petition by a person who after having been
3    convicted of a Class 3 or Class 4 felony thereafter served
4    in the United States Armed Forces or National Guard of this
5    or any other state and had received an honorable discharge
6    from the United States Armed Forces or National Guard or
7    who at the time of filing the petition is enlisted in the
8    United States Armed Forces or National Guard of this or any
9    other state and served one tour of duty and who meets the
10    requirements of this paragraph, hear by at least 3 members
11    and, with the unanimous vote of a panel of 3 members, issue
12    a certificate of eligibility for expungement recommending
13    that the court order the expungement of all official
14    records of the arresting authority, the circuit court
15    clerk, and the Department of State Police concerning the
16    arrest and conviction for the Class 3 or 4 felony. A person
17    may not apply to the Board for a certificate of eligibility
18    for expungement:
19            (A) if convicted of:
20                (i) a sex offense described in Article 11 or
21            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
22            the Criminal Code of 1961 or Criminal Code of 2012;
23                (ii) an offense under the Criminal Code of 1961
24            or Criminal Code of 2012 involving a firearm; or
25                (iii) a crime of violence as defined in Section
26            2 of the Crime Victims Compensation Act; or

 

 

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1            (B) if the person has not served in the United
2        States Armed Forces or National Guard of this or any
3        other state or has not received an honorable discharge
4        from the United States Armed Forces or National Guard
5        of this or any other state or who at the time of the
6        filing of the petition is serving in the United States
7        Armed Forces or National Guard of this or any other
8        state and has not completed one tour of duty.
9        If a person has applied to the Board for a certificate
10    of eligibility for expungement and the Board denies the
11    certificate, the person must wait at least 4 years before
12    filing again or filing for a pardon with authorization for
13    expungement from the Governor unless the Governor or
14    Chairman of the Prisoner Review Board grants a waiver.
15    (a-5) The Prisoner Review Board, with the cooperation of
16and in coordination with the Department of Corrections and the
17Department of Central Management Services, shall implement a
18pilot project in 3 correctional institutions providing for the
19conduct of hearings under paragraphs (1) and (4) of subsection
20(a) of this Section through interactive video conferences. The
21project shall be implemented within 6 months after the
22effective date of this amendatory Act of 1996. Within 6 months
23after the implementation of the pilot project, the Prisoner
24Review Board, with the cooperation of and in coordination with
25the Department of Corrections and the Department of Central
26Management Services, shall report to the Governor and the

 

 

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1General Assembly regarding the use, costs, effectiveness, and
2future viability of interactive video conferences for Prisoner
3Review Board hearings.
4    (b) Upon recommendation of the Department the Board may
5restore sentence credit previously revoked.
6    (c) The Board shall cooperate with the Department in
7promoting an effective system of parole and mandatory
8supervised release.
9    (d) The Board shall promulgate rules for the conduct of its
10work, and the Chairman shall file a copy of such rules and any
11amendments thereto with the Director and with the Secretary of
12State.
13    (e) The Board shall keep records of all of its official
14actions and shall make them accessible in accordance with law
15and the rules of the Board.
16    (f) The Board or one who has allegedly violated the
17conditions of his or her parole, aftercare release, or
18mandatory supervised release may require by subpoena the
19attendance and testimony of witnesses and the production of
20documentary evidence relating to any matter under
21investigation or hearing. The Chairman of the Board may sign
22subpoenas which shall be served by any agent or public official
23authorized by the Chairman of the Board, or by any person
24lawfully authorized to serve a subpoena under the laws of the
25State of Illinois. The attendance of witnesses, and the
26production of documentary evidence, may be required from any

 

 

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1place in the State to a hearing location in the State before
2the Chairman of the Board or his or her designated agent or
3agents or any duly constituted Committee or Subcommittee of the
4Board. Witnesses so summoned shall be paid the same fees and
5mileage that are paid witnesses in the circuit courts of the
6State, and witnesses whose depositions are taken and the
7persons taking those depositions are each entitled to the same
8fees as are paid for like services in actions in the circuit
9courts of the State. Fees and mileage shall be vouchered for
10payment when the witness is discharged from further attendance.
11    In case of disobedience to a subpoena, the Board may
12petition any circuit court of the State for an order requiring
13the attendance and testimony of witnesses or the production of
14documentary evidence or both. A copy of such petition shall be
15served by personal service or by registered or certified mail
16upon the person who has failed to obey the subpoena, and such
17person shall be advised in writing that a hearing upon the
18petition will be requested in a court room to be designated in
19such notice before the judge hearing motions or extraordinary
20remedies at a specified time, on a specified date, not less
21than 10 nor more than 15 days after the deposit of the copy of
22the written notice and petition in the U.S. mails addressed to
23the person at his last known address or after the personal
24service of the copy of the notice and petition upon such
25person. The court upon the filing of such a petition, may order
26the person refusing to obey the subpoena to appear at an

 

 

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1investigation or hearing, or to there produce documentary
2evidence, if so ordered, or to give evidence relative to the
3subject matter of that investigation or hearing. Any failure to
4obey such order of the circuit court may be punished by that
5court as a contempt of court.
6    Each member of the Board and any hearing officer designated
7by the Board shall have the power to administer oaths and to
8take the testimony of persons under oath.
9    (g) Except under subsection (a) of this Section, a majority
10of the members then appointed to the Prisoner Review Board
11shall constitute a quorum for the transaction of all business
12of the Board.
13    (h) The Prisoner Review Board shall annually transmit to
14the Director a detailed report of its work for the preceding
15calendar year. The annual report shall also be transmitted to
16the Governor for submission to the Legislature.
17(Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14;
1898-756, eff. 7-16-14; 99-628, eff. 1-1-17.)
 
19    (730 ILCS 5/5-4.5-20)
20    Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
21degree murder:
22    (a) TERM. The defendant shall be sentenced to imprisonment
23or, if appropriate, death under Section 9-1 of the Criminal
24Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
25Imprisonment shall be for a determinate term, subject to

 

 

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1Section 5-4.5-110 of this Code, of (1) not less than 20 years
2and not more than 60 years; (2) not less than 60 years and not
3more than 100 years when an extended term is imposed under
4Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as
5provided in Section 5-8-1 (730 ILCS 5/5-8-1).
6    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
7shall not be imposed.
8    (c) IMPACT INCARCERATION. The impact incarceration program
9or the county impact incarceration program is not an authorized
10disposition.
11    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
12probation or conditional discharge shall not be imposed.
13    (e) FINE. Fines may be imposed as provided in Section
145-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
15    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
16concerning restitution.
17    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
18be concurrent or consecutive as provided in Section 5-8-4 (730
19ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
20    (h) DRUG COURT. Drug court is not an authorized
21disposition.
22    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
23ILCS 5/5-4.5-100) concerning no credit for time spent in home
24detention prior to judgment.
25    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
26for rules and regulations for sentence credit.

 

 

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1    (k) ELECTRONIC HOME DETENTION. Electronic home detention
2is not an authorized disposition, except in limited
3circumstances as provided in Section 5-8A-3 (730 ILCS
45/5-8A-3).
5    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
6provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
7mandatory supervised release term shall be 3 years upon release
8from imprisonment.
9(Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
 
10    (730 ILCS 5/5-4.5-25)
11    Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
12felony:
13    (a) TERM. The sentence of imprisonment shall be a
14determinate sentence, subject to Section 5-4.5-110 of this
15Code, of not less than 6 years and not more than 30 years. The
16sentence of imprisonment for an extended term Class X felony,
17as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to
18Section 5-4.5-110 of this Code, shall be not less than 30 years
19and not more than 60 years.
20    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
21shall not be imposed.
22    (c) IMPACT INCARCERATION. The impact incarceration program
23or the county impact incarceration program is not an authorized
24disposition.
25    (d) PROBATION; CONDITIONAL DISCHARGE. A period of

 

 

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1probation or conditional discharge shall not be imposed.
2    (e) FINE. Fines may be imposed as provided in Section
35-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
4    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
5concerning restitution.
6    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
7be concurrent or consecutive as provided in Section 5-8-4 (730
8ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
9    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
10Act (730 ILCS 166/20) concerning eligibility for a drug court
11program.
12    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
13ILCS 5/5-4.5-100) concerning no credit for time spent in home
14detention prior to judgment.
15    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
16for rules and regulations for sentence credit.
17    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
185/5-8A-3) concerning eligibility for electronic home
19detention.
20    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
21provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
225/5-8-1), the parole or mandatory supervised release term shall
23be 3 years upon release from imprisonment.
24(Source: P.A. 97-697, eff. 6-22-12.)
 
25    (730 ILCS 5/5-4.5-30)

 

 

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1    Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
2felony:
3    (a) TERM. The sentence of imprisonment, other than for
4second degree murder, shall be a determinate sentence of not
5less than 4 years and not more than 15 years, subject to
6Section 5-4.5-110 of this Code. The sentence of imprisonment
7for second degree murder shall be a determinate sentence of not
8less than 4 years and not more than 20 years, subject to
9Section 5-4.5-110 of this Code. The sentence of imprisonment
10for an extended term Class 1 felony, as provided in Section
115-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-110 of this
12Code, shall be a term not less than 15 years and not more than
1330 years.
14    (b) PERIODIC IMPRISONMENT. A sentence of periodic
15imprisonment shall be for a definite term of from 3 to 4 years,
16except as otherwise provided in Section 5-5-3 or 5-7-1 (730
17ILCS 5/5-5-3 or 5/5-7-1).
18    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
19(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
20the impact incarceration program or the county impact
21incarceration program.
22    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
23in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
24period of probation or conditional discharge shall not exceed 4
25years. The court shall specify the conditions of probation or
26conditional discharge as set forth in Section 5-6-3 (730 ILCS

 

 

10000HB2515ham001- 20 -LRB100 06853 RLC 22972 a

15/5-6-3). In no case shall an offender be eligible for a
2disposition of probation or conditional discharge for a Class 1
3felony committed while he or she was serving a term of
4probation or conditional discharge for a felony.
5    (e) FINE. Fines may be imposed as provided in Section
65-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
7    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
8concerning restitution.
9    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
10be concurrent or consecutive as provided in Section 5-8-4 (730
11ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
12    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
13Act (730 ILCS 166/20) concerning eligibility for a drug court
14program.
15    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
16ILCS 5/5-4.5-100) concerning credit for time spent in home
17detention prior to judgment.
18    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
19ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
20(730 ILCS 130/) for rules and regulations for sentence credit.
21    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
225/5-8A-3) concerning eligibility for electronic home
23detention.
24    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
25provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
265/5-8-1), the parole or mandatory supervised release term shall

 

 

10000HB2515ham001- 21 -LRB100 06853 RLC 22972 a

1be 2 years upon release from imprisonment.
2(Source: P.A. 97-697, eff. 6-22-12.)
 
3    (730 ILCS 5/5-4.5-110 new)
4    Sec. 5-4.5-110. Parole review of persons under the age of
521 at the time of the commission of an offense.
6    (a) A person under 21 years of age at the time of the
7commission of an offense or offenses, other than first degree
8murder, and who is not serving a sentence for first degree
9murder, shall be eligible for parole review by the Prisoner
10Review Board after serving 10 years or more of his or her
11sentence. A person under 21 years of age at the time of the
12commission of first degree murder shall be eligible for parole
13review by the Prisoner Review Board after serving 20 years or
14more of his or her sentence.
15    (b) Three years prior to becoming eligible for parole
16review, the eligible person may file his or her petition for
17parole review with the Prisoner Review Board. The petition
18shall include a copy of the order of commitment and sentence to
19the Department of Corrections for the offense or offenses for
20which review is sought. Within 30 days of receipt of this
21petition, the Prisoner Review Board shall determine whether the
22petition is appropriately filed, and if so, shall set a date
23for parole review three years from receipt of the petition and
24notify the Department of Corrections within 3 business days. If
25the Prisoner Review Board determines that the petition is not

 

 

10000HB2515ham001- 22 -LRB100 06853 RLC 22972 a

1appropriately filed, it shall notify the petitioner in writing,
2including a basis for its determination, and such determination
3is considered final and eligible for review under subsection
4(o) of this Section.
5    (c) Within 6 months of the Prisoner Review Board's
6determination that the petition was appropriately filed, the
7Prisoner Review Board and a representative from the Department
8of Corrections shall meet with the eligible person and provide
9the inmate information about the parole hearing process, legal
10factors relevant to his or her suitability or unsuitability for
11parole, and personalized recommendations for the inmate
12regarding his or her work assignments, rehabilitative
13programs, and institutional behavior. Following this meeting,
14the eligible person has 7 calendar days to file a written
15request to the representative from the Department of
16Corrections and the Prisoner Review Board who met with the
17eligible person of any additional programs and services which
18the eligible person believes should be made available to
19prepare the eligible person for return to the community. Within
2030 days following the meeting, the Board shall issue its
21recommendations to the inmate in writing regarding the
22available programs and services within the Department of
23Corrections in which the eligible person should participate in
24order to prepare for his or her return to the community.
25    (d) One year prior to the person being eligible for parole,
26counsel shall be appointed from the county in which he or she

 

 

10000HB2515ham001- 23 -LRB100 06853 RLC 22972 a

1was originally sentenced. If appointed counsel has a good faith
2belief that the person is not indigent, counsel may file a
3motion before the Prisoner Review Board seeking withdrawal. If
4withdrawal is granted, the person retains the right to counsel
5in future proceedings under this Section.
6    (e) Nine months prior to the hearing, the Prisoner Review
7Board shall provide the eligible person, and his or her
8counsel, any written documents or materials it will be
9considering in making its decision. The Prisoner Review Board
10shall have an ongoing duty to provide the eligible person, and
11his or her counsel, with any further documents or materials
12that comes into its possession prior to the hearing.
13    (f) Nine months before the hearing, the Prisoner Review
14Board shall provide notification to the victim or family of the
15victim, of the scheduled hearing date. The Prisoner Review
16Board also shall advise the victim or family of the victim of
17the offense, of their rights under Section 8.1 of Article I of
18the Illinois Constitution and the laws of this State. The
19Prisoner Review Board shall afford the victim or families of
20victims of the crime, or both, for which the petitioner was
21originally sentenced an opportunity to provide a victim impact
22statement at the parole hearing. The Prisoner Review Board
23shall permit those statements and may consider the live
24testimony of a victim or a victim representative at its
25discretion.
26    (g) The eligible person has a right to be physically

 

 

10000HB2515ham001- 24 -LRB100 06853 RLC 22972 a

1present at the Prisoner Review Board hearing. Any form of
2electronic or video transmission may not constitute physical
3presence. At the hearing, the eligible person shall have the
4right to make a statement on his or her own behalf. The
5eligible person shall have his or her constitutional right to
6remain silent.
7    (h) The eligible person and his or her counsel have a right
8to present written documents and oral testimony at the Prisoner
9Review Board hearing. If a psychological evaluation is
10submitted for the Prisoner Review Board's consideration, it
11shall be prepared by a person who has expertise in adolescent
12brain development and behavior, and shall take into
13consideration the diminished culpability of youthful
14offenders, the hallmark features of youth, and any subsequent
15growth and increased maturity of the person. The eligible
16person and his or her counsel shall also have the right to
17cross-examine any witnesses appearing in opposition to the
18eligible person's release.
19    (i) The Prisoner Review Board hearing shall be conducted by
20the members of the Prisoner Review Board qualified in the field
21of juvenile matters.
22    (j) Only upon motion for good cause shown of the eligible
23person, or his or her attorney, shall the date for the Prisoner
24Review Board hearing, as set by subsection (b) of this Section,
25be changed. All hearings shall be open to the public, and shall
26be transcribed as provided for under the Court Reporters Act

 

 

10000HB2515ham001- 25 -LRB100 06853 RLC 22972 a

1and the Court Reporter Transcript Act.
2    (k) It is presumed that the eligible person shall be
3released on parole after the Prisoner Review Board hearing is
4conducted unless a majority of those present find by clear and
5convincing evidence that continued incarceration is required
6to protect the public from significant danger of harm posed by
7the eligible person. In making the determination of whether the
8presumption is overcome, the members of the panel must consider
9the diminished culpability of youthful offenders, the hallmark
10features of youth, and any subsequent growth and maturity of
11the youthful offender during incarceration.
12    (l) Unless denied parole under subsection (k) of this
13Section, the eligible person shall be released on parole which
14shall operate to discharge the remaining term of years or
15natural life sentence imposed upon him or her, notwithstanding
16any required mandatory supervised release period the eligible
17person is required to serve.
18    (m) If the Prisoner Review Board denies parole after
19conducting the hearing under subsection (k) of this Section, it
20shall issue a written decision denying the parole and provide
21that decision to the eligible person and his or her counsel
22within 7 calendar days. This decision constitutes a final
23determination.
24    (n) An appeal may be taken to determine whether the
25Prisoner Review Board abused its discretion denying parole
26under subsection (m) of this Section.

 

 

10000HB2515ham001- 26 -LRB100 06853 RLC 22972 a

1    Proceedings on the appeal shall be governed by Illinois
2Supreme Court Rule 335 and Section 3-113 of the Code of Civil
3Procedure. If the eligible person is indigent, the State
4Appellate Defender shall represent the indigent person on
5appeal. If appointed counsel has a good faith belief that the
6person is not indigent, counsel can file a motion in the
7appellate court seeking withdrawal. If withdrawal is granted,
8the person retains the right to counsel in future proceedings
9under this Section.
10    (o) A person denied parole under subsection (m) of this
11Section shall be eligible for a second parole review by the
12Prisoner Review Board 5 years after the written decision under
13subsection (m) of this Section. The procedures for a second
14parole review shall be governed by subsections (b) through (n)
15of this Section.
16    (p) A person denied parole under subsection (o) of this
17Section shall be eligible for a third and final parole review
18by the Prisoner Review Board 5 years after the written decision
19under subsection (o) of this Section. The procedures for the
20third and final parole review shall be governed by subsections
21(b) through (n) of this Section.
22    (q) Except for those individuals sentenced prior to
23February 1, 1978, and who are eligible for parole release by
24the Prisoner Review Board at the time of the effective date of
25this amendatory Act of the 100th General Assembly, this Section
26shall operate retroactively to a person incarcerated for an

 

 

10000HB2515ham001- 27 -LRB100 06853 RLC 22972 a

1offense or offenses committed before the effective date of this
2amendatory Act of the 100th General Assembly when he or she was
3under the age of 21 at the time of the commission of the
4offense or offenses.
5    (r) Notwithstanding anything else to the contrary in this
6Section, nothing in this Section shall be construed to delay
7parole or mandatory supervised release consideration for
8petitioners who, prior to the effective date of this amendatory
9Act of the 100th General Assembly, are or will be eligible for
10release earlier than this Section provides. Nothing in this
11Section shall be construed as a limit, substitution, or bar on
12a person's right to sentencing relief including any relief
13provided under Section 5-4.5-115 of this Act, or any other
14manner of relief, obtained by order of a court in proceedings
15other than as provided in this Section.
 
16    (730 ILCS 5/5-4.5-115 new)
17    Sec. 5-4.5-115. Procedure for resentencing of persons who
18received or are serving a sentence of natural life for an
19offense committed prior to the age of 18.
20    (a) If at the time of the effective date of this amendatory
21Act of the 100th General Assembly an individual is serving a
22sentence of natural life, or was previously serving a sentence
23of natural life that was vacated after January 1, 2012, for an
24offense that occurred when he or she was under the age of 18,
25he or she may seek resentencing under this Section, provided

 

 

10000HB2515ham001- 28 -LRB100 06853 RLC 22972 a

1the individual has not already been resentenced after January
21, 2012.
3    (b) At the resentencing hearing, the court shall:
4        (1) consider in mitigation the factors listed in
5    paragraphs (1) through (9) of subsection (a) of Section
6    5-4.5-105 of this Code;
7        (2) consider the evidence, if any, received at the
8    trial;
9        (3) consider any presentence reports;
10        (4) consider the financial impact of incarceration
11    based on the financial impact statement filed with the
12    clerk of the court by the Department of Corrections;
13        (5) consider any additional evidence and information
14    offered by the parties in aggravation and mitigation,
15    including, but not limited to, scientific evidence of
16    recidivism;
17        (6) consider the individual's overall record of
18    behavior while incarcerated, including disciplinary
19    history, and participation in educational, vocational, and
20    life skills programs, including, but not limited to,
21    restorative justice programs, and extent of cooperation
22    with staff;
23        (7) consider the individual's acceptance of
24    responsibility for the crime or expressions of remorse, or
25    both; however, nothing in this paragraph (7) shall be
26    construed against a petitioner who avers a good faith claim

 

 

10000HB2515ham001- 29 -LRB100 06853 RLC 22972 a

1    of innocence;
2        (8) hear arguments as to sentencing alternatives;
3        (9) afford the individual the opportunity to make a
4    statement in his or her own behalf; and
5        (10) afford the victim or families of victims of the
6    crime, or both, for which the individual was originally
7    sentenced an opportunity to provide a victim impact
8    statement to the court. The court shall permit those
9    statements and may consider the live testimony of a victim
10    or a victim representative at its discretion.
11    (c) Nothing in this Section shall be construed to prevent
12or limit a person's constitutional or statutory claims, which
13have been brought or may be brought, before any court in this
14State.
 
15    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
16    Sec. 5-8-1. Natural life imprisonment; enhancements for
17use of a firearm; mandatory supervised release terms.
18    (a) Except as otherwise provided in the statute defining
19the offense or in Article 4.5 of Chapter V, a sentence of
20imprisonment for a felony shall be a determinate sentence set
21by the court under this Section, subject to Section 5-4.5-110
22of this Code, according to the following limitations:
23        (1) for first degree murder,
24            (a) (blank),
25            (b) if a trier of fact finds beyond a reasonable

 

 

10000HB2515ham001- 30 -LRB100 06853 RLC 22972 a

1        doubt that the murder was accompanied by exceptionally
2        brutal or heinous behavior indicative of wanton
3        cruelty or, except as set forth in subsection (a)(1)(c)
4        of this Section, that any of the aggravating factors
5        listed in subsection (b) or (b-5) of Section 9-1 of the
6        Criminal Code of 1961 or the Criminal Code of 2012 are
7        present, the court may sentence the defendant, subject
8        to Section 5-4.5-105, to a term of natural life
9        imprisonment, or
10            (c) the court shall sentence the defendant to a
11        term of natural life imprisonment if the defendant, at
12        the time of the commission of the murder, had attained
13        the age of 18, and
14                (i) has previously been convicted of first
15            degree murder under any state or federal law, or
16                (ii) is found guilty of murdering more than one
17            victim, or
18                (iii) is found guilty of murdering a peace
19            officer, fireman, or emergency management worker
20            when the peace officer, fireman, or emergency
21            management worker was killed in the course of
22            performing his official duties, or to prevent the
23            peace officer or fireman from performing his
24            official duties, or in retaliation for the peace
25            officer, fireman, or emergency management worker
26            from performing his official duties, and the

 

 

10000HB2515ham001- 31 -LRB100 06853 RLC 22972 a

1            defendant knew or should have known that the
2            murdered individual was a peace officer, fireman,
3            or emergency management worker, or
4                (iv) is found guilty of murdering an employee
5            of an institution or facility of the Department of
6            Corrections, or any similar local correctional
7            agency, when the employee was killed in the course
8            of performing his official duties, or to prevent
9            the employee from performing his official duties,
10            or in retaliation for the employee performing his
11            official duties, or
12                (v) is found guilty of murdering an emergency
13            medical technician - ambulance, emergency medical
14            technician - intermediate, emergency medical
15            technician - paramedic, ambulance driver or other
16            medical assistance or first aid person while
17            employed by a municipality or other governmental
18            unit when the person was killed in the course of
19            performing official duties or to prevent the
20            person from performing official duties or in
21            retaliation for performing official duties and the
22            defendant knew or should have known that the
23            murdered individual was an emergency medical
24            technician - ambulance, emergency medical
25            technician - intermediate, emergency medical
26            technician - paramedic, ambulance driver, or other

 

 

10000HB2515ham001- 32 -LRB100 06853 RLC 22972 a

1            medical assistant or first aid personnel, or
2                (vi) (blank), or
3                (vii) is found guilty of first degree murder
4            and the murder was committed by reason of any
5            person's activity as a community policing
6            volunteer or to prevent any person from engaging in
7            activity as a community policing volunteer. For
8            the purpose of this Section, "community policing
9            volunteer" has the meaning ascribed to it in
10            Section 2-3.5 of the Criminal Code of 2012.
11            For purposes of clause (v), "emergency medical
12        technician - ambulance", "emergency medical technician -
13         intermediate", "emergency medical technician -
14        paramedic", have the meanings ascribed to them in the
15        Emergency Medical Services (EMS) Systems Act.
16            (d) (i) if the person committed the offense while
17            armed with a firearm, 15 years shall be added to
18            the term of imprisonment imposed by the court;
19                (ii) if, during the commission of the offense,
20            the person personally discharged a firearm, 20
21            years shall be added to the term of imprisonment
22            imposed by the court;
23                (iii) if, during the commission of the
24            offense, the person personally discharged a
25            firearm that proximately caused great bodily harm,
26            permanent disability, permanent disfigurement, or

 

 

10000HB2515ham001- 33 -LRB100 06853 RLC 22972 a

1            death to another person, 25 years or up to a term
2            of natural life shall be added to the term of
3            imprisonment imposed by the court.
4        (2) (blank);
5        (2.5) for a person who has attained the age of 18 years
6    at the time of the commission of the offense and who is
7    convicted under the circumstances described in subdivision
8    (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
9    (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
10    or paragraph (2) of subsection (d) of Section 12-14,
11    subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
12    of subsection (b) of Section 12-14.1, subdivision (b)(2) of
13    Section 11-1.40 or paragraph (2) of subsection (b) of
14    Section 12-14.1 of the Criminal Code of 1961 or the
15    Criminal Code of 2012, the sentence shall be a term of
16    natural life imprisonment.
17    (b) (Blank).
18    (c) (Blank).
19    (d) Subject to earlier termination under Section 3-3-8, the
20parole or mandatory supervised release term shall be written as
21part of the sentencing order and shall be as follows:
22        (1) for first degree murder or a Class X felony except
23    for the offenses of predatory criminal sexual assault of a
24    child, aggravated criminal sexual assault, and criminal
25    sexual assault if committed on or after the effective date
26    of this amendatory Act of the 94th General Assembly and

 

 

10000HB2515ham001- 34 -LRB100 06853 RLC 22972 a

1    except for the offense of aggravated child pornography
2    under Section 11-20.1B, 11-20.3, or 11-20.1 with
3    sentencing under subsection (c-5) of Section 11-20.1 of the
4    Criminal Code of 1961 or the Criminal Code of 2012, if
5    committed on or after January 1, 2009, 3 years;
6        (2) for a Class 1 felony or a Class 2 felony except for
7    the offense of criminal sexual assault if committed on or
8    after the effective date of this amendatory Act of the 94th
9    General Assembly and except for the offenses of manufacture
10    and dissemination of child pornography under clauses
11    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
12    of 1961 or the Criminal Code of 2012, if committed on or
13    after January 1, 2009, 2 years;
14        (3) for a Class 3 felony or a Class 4 felony, 1 year;
15        (4) for defendants who commit the offense of predatory
16    criminal sexual assault of a child, aggravated criminal
17    sexual assault, or criminal sexual assault, on or after the
18    effective date of this amendatory Act of the 94th General
19    Assembly, or who commit the offense of aggravated child
20    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
21    with sentencing under subsection (c-5) of Section 11-20.1
22    of the Criminal Code of 1961 or the Criminal Code of 2012,
23    manufacture of child pornography, or dissemination of
24    child pornography after January 1, 2009, the term of
25    mandatory supervised release shall range from a minimum of
26    3 years to a maximum of the natural life of the defendant;

 

 

10000HB2515ham001- 35 -LRB100 06853 RLC 22972 a

1        (5) if the victim is under 18 years of age, for a
2    second or subsequent offense of aggravated criminal sexual
3    abuse or felony criminal sexual abuse, 4 years, at least
4    the first 2 years of which the defendant shall serve in an
5    electronic home detention program under Article 8A of
6    Chapter V of this Code;
7        (6) for a felony domestic battery, aggravated domestic
8    battery, stalking, aggravated stalking, and a felony
9    violation of an order of protection, 4 years.
10    (e) (Blank).
11    (f) (Blank).
12(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)
 
13    Section 10. The Code of Civil Procedure is amended by
14changing Section 3-104 as follows:
 
15    (735 ILCS 5/3-104)  (from Ch. 110, par. 3-104)
16    Sec. 3-104. Jurisdiction and venue. Jurisdiction to review
17final administrative decisions is vested in the Circuit Courts,
18except as to a final order of the Illinois Educational Labor
19Relations Board in which case jurisdiction to review a final
20order is vested in the Appellate Court of a judicial district
21in which the Board maintains an office. Jurisdiction to review
22a final determination by the Prisoner Review Board under
23Section 5-4.5-110 of the Unified Code of Corrections is vested
24in the Appellate Court of the judicial district which

 

 

10000HB2515ham001- 36 -LRB100 06853 RLC 22972 a

1encompasses the county in which the appellant was originally
2sentenced. If the venue of the action to review a final
3administrative decision is expressly prescribed in the
4particular statute under authority of which the decision was
5made, such venue shall control, but if the venue is not so
6prescribed, an action to review a final administrative decision
7may be commenced in the Circuit Court of any county in which
8(1) any part of the hearing or proceeding culminating in the
9decision of the administrative agency was held, or (2) any part
10of the subject matter involved is situated, or (3) any part of
11the transaction which gave rise to the proceedings before the
12agency occurred. The court first acquiring jurisdiction of any
13action to review a final administrative decision shall have and
14retain jurisdiction of the action until final disposition of
15the action.
16(Source: P.A. 88-1.)".