HB3512 EngrossedLRB102 14806 KMF 20159 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-1, 3-3-2, and 3-3-3 as follows:
 
6    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
7    Sec. 3-3-1. Establishment and appointment of Prisoner
8Review Board.
9    (a) There shall be a Prisoner Review Board independent of
10the Department which shall be:
11        (1) the paroling authority for persons sentenced under
12    the law in effect prior to the effective date of this
13    amendatory Act of 1977;
14        (1.2) the paroling authority for persons eligible for
15    parole review under Section 5-4.5-115;
16        (1.5) (blank);
17        (1.10) the authority for setting conditions for
18    mandatory supervised release under subsection (f) of
19    Section 3-3-3 of this Code and determining whether a
20    violation of those conditions warrant revocation of
21    mandatory supervised release or the imposition of other
22    sanctions;
23        (2) the board of review for cases involving the

 

 

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

 

 

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1have at least 3 years experience in the field of juvenile
2matters. No more than 8 Board members may be members of the
3same political party.
4    Each member of the Board shall serve on a full-time basis
5and shall not hold any other salaried public office, whether
6elective or appointive, nor any other office or position of
7profit, nor engage in any other business, employment, or
8vocation. The Chairman of the Board shall receive $35,000 a
9year, or an amount set by the Compensation Review Board,
10whichever is greater, and each other member $30,000, or an
11amount set by the Compensation Review Board, whichever is
12greater.
13    (c) Notwithstanding any other provision of this Section,
14the term of each member of the Board who was appointed by the
15Governor and is in office on June 30, 2003 shall terminate at
16the close of business on that date or when all of the successor
17members to be appointed pursuant to this amendatory Act of the
1893rd General Assembly have been appointed by the Governor,
19whichever occurs later. As soon as possible, the Governor
20shall appoint persons to fill the vacancies created by this
21amendatory Act.
22    Of the initial members appointed under this amendatory Act
23of the 93rd General Assembly, the Governor shall appoint 5
24members whose terms shall expire on the third Monday in
25January 2005, 5 members whose terms shall expire on the third
26Monday in January 2007, and 5 members whose terms shall expire

 

 

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1on the third Monday in January 2009. Their respective
2successors shall be appointed for terms of 6 years from the
3third Monday in January of the year of appointment. Each
4member shall serve until his or her successor is appointed and
5qualified.
6    Any member may be removed by the Governor for
7incompetence, neglect of duty, malfeasance or inability to
8serve.
9    (d) The Chairman of the Board shall be its chief executive
10and administrative officer. The Board may have an Executive
11Director; if so, the Executive Director shall be appointed by
12the Governor with the advice and consent of the Senate. The
13salary and duties of the Executive Director shall be fixed by
14the Board.
15(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
 
16    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
17    Sec. 3-3-2. Powers and duties.
18    (a) The Parole and Pardon Board is abolished and the term
19"Parole and Pardon Board" as used in any law of Illinois, shall
20read "Prisoner Review Board." After February 1, 1978 (the
21effective date of Public Act 81-1099) this amendatory Act of
221977, the Prisoner Review Board shall provide by rule for the
23orderly transition of all files, records, and documents of the
24Parole and Pardon Board and for such other steps as may be
25necessary to effect an orderly transition and shall:

 

 

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1        (1) hear by at least one member and through a panel of
2    at least 3 members decide, cases of prisoners who were
3    sentenced under the law in effect prior to February 1,
4    1978 (the effective date of Public Act 81-1099) this
5    amendatory Act of 1977, and who are eligible for parole;
6        (2) hear by at least one member and through a panel of
7    at least 3 members decide, the conditions of parole and
8    the time of discharge from parole, impose sanctions for
9    violations of parole, and revoke parole for those
10    sentenced under the law in effect prior to February 1,
11    1978 (the effective date of Public Act 81-1099) this
12    amendatory Act of 1977; provided that the decision to
13    parole and the conditions of parole for all prisoners who
14    were sentenced for first degree murder or who received a
15    minimum sentence of 20 years or more under the law in
16    effect prior to February 1, 1978 shall be determined by a
17    majority vote of the Prisoner Review Board. One
18    representative supporting parole and one representative
19    opposing parole will be allowed to speak. Their comments
20    shall be limited to making corrections and filling in
21    omissions to the Board's presentation and discussion;
22        (3) hear by at least one member and through a panel of
23    at least 3 members decide, the conditions of mandatory
24    supervised release and the time of discharge from
25    mandatory supervised release, impose sanctions for
26    violations of mandatory supervised release, and revoke

 

 

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1    mandatory supervised release for those sentenced under the
2    law in effect after February 1, 1978 (the effective date
3    of Public Act 81-1099) this amendatory Act of 1977;
4        (3.5) hear by at least one member and through a panel
5    of at least 3 members decide, the conditions of mandatory
6    supervised release and the time of discharge from
7    mandatory supervised release, to impose sanctions for
8    violations of mandatory supervised release and revoke
9    mandatory supervised release for those serving extended
10    supervised release terms pursuant to paragraph (4) of
11    subsection (d) of Section 5-8-1;
12        (3.6) hear by at least one member and through a panel
13    of at least 3 members decide whether to revoke aftercare
14    release for those committed to the Department of Juvenile
15    Justice under the Juvenile Court Act of 1987;
16        (4) hear by at least one member and through a panel of
17    at least 3 members, decide cases brought by the Department
18    of Corrections against a prisoner in the custody of the
19    Department for alleged violation of Department rules with
20    respect to sentence credits under Section 3-6-3 of this
21    Code in which the Department seeks to revoke sentence
22    credits, if the amount of time at issue exceeds 30 days or
23    when, during any 12-month 12 month period, the cumulative
24    amount of credit revoked exceeds 30 days except where the
25    infraction is committed or discovered within 60 days of
26    scheduled release. In such cases, the Department of

 

 

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1    Corrections may revoke up to 30 days of sentence credit.
2    The Board may subsequently approve the revocation of
3    additional sentence credit, if the Department seeks to
4    revoke sentence credit in excess of 30 thirty days.
5    However, the Board shall not be empowered to review the
6    Department's decision with respect to the loss of 30 days
7    of sentence credit for any prisoner or to increase any
8    penalty beyond the length requested by the Department;
9        (5) hear by at least one member and through a panel of
10    at least 3 members decide, the release dates for certain
11    prisoners sentenced under the law in existence prior to
12    February 1, 1978 (the effective date of Public Act
13    81-1099) this amendatory Act of 1977, in accordance with
14    Section 3-3-2.1 of this Code;
15        (6) hear by at least one member and through a panel of
16    at least 3 members decide, all requests for pardon,
17    reprieve or commutation, and make confidential
18    recommendations to the Governor;
19        (6.5) hear by at least one member who is qualified in
20    the field of juvenile matters and through a panel of at
21    least 3 members, 2 of whom are qualified in the field of
22    juvenile matters, decide parole review cases in accordance
23    with Section 5-4.5-115 of this Code and make release
24    determinations of persons under the age of 21 at the time
25    of the commission of an offense or offenses, other than
26    those persons serving sentences for first degree murder or

 

 

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1    aggravated criminal sexual assault;
2        (6.6) hear by at least a quorum of the Prisoner Review
3    Board and decide by a majority of members present at the
4    hearing, in accordance with Section 5-4.5-115 of this
5    Code, release determinations of persons under the age of
6    21 at the time of the commission of an offense or offenses
7    of those persons serving sentences for first degree murder
8    or aggravated criminal sexual assault;
9        (6.7) hear by at least one member and through a panel
10    of at least 3 members determine the conditions of
11    mandatory supervised release, determine the time of
12    discharge from mandatory supervised release, impose
13    sanctions for violations of mandatory supervised release,
14    and revoke mandatory supervised release for those
15    sentenced under subsection (f) of Section 3-3-3 of this
16    Code;
17        (7) comply with the requirements of the Open Parole
18    Hearings Act;
19        (8) hear by at least one member and, through a panel of
20    at least 3 members, decide cases brought by the Department
21    of Corrections against a prisoner in the custody of the
22    Department for court dismissal of a frivolous lawsuit
23    pursuant to Section 3-6-3(d) of this Code in which the
24    Department seeks to revoke up to 180 days of sentence
25    credit, and if the prisoner has not accumulated 180 days
26    of sentence credit at the time of the dismissal, then all

 

 

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1    sentence credit accumulated by the prisoner shall be
2    revoked;
3        (9) hear by at least 3 members, and, through a panel of
4    at least 3 members, decide whether to grant certificates
5    of relief from disabilities or certificates of good
6    conduct as provided in Article 5.5 of Chapter V;
7        (10) upon a petition by a person who has been
8    convicted of a Class 3 or Class 4 felony and who meets the
9    requirements of this paragraph, hear by at least 3 members
10    and, with the unanimous vote of a panel of 3 members, issue
11    a certificate of eligibility for sealing recommending that
12    the court order the sealing of all official records of the
13    arresting authority, the circuit court clerk, and the
14    Department of State Police concerning the arrest and
15    conviction for the Class 3 or 4 felony. A person may not
16    apply to the Board for a certificate of eligibility for
17    sealing:
18            (A) until 5 years have elapsed since the
19        expiration of his or her sentence;
20            (B) until 5 years have elapsed since any arrests
21        or detentions by a law enforcement officer for an
22        alleged violation of law, other than a petty offense,
23        traffic offense, conservation offense, or local
24        ordinance offense;
25            (C) if convicted of a violation of the Cannabis
26        Control Act, Illinois Controlled Substances Act, the

 

 

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1        Methamphetamine Control and Community Protection Act,
2        the Methamphetamine Precursor Control Act, or the
3        Methamphetamine Precursor Tracking Act unless the
4        petitioner has completed a drug abuse program for the
5        offense on which sealing is sought and provides proof
6        that he or she has completed the program successfully;
7            (D) if convicted of:
8                (i) a sex offense described in Article 11 or
9            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
10            the Criminal Code of 1961 or the Criminal Code of
11            2012;
12                (ii) aggravated assault;
13                (iii) aggravated battery;
14                (iv) domestic battery;
15                (v) aggravated domestic battery;
16                (vi) violation of an order of protection;
17                (vii) an offense under the Criminal Code of
18            1961 or the Criminal Code of 2012 involving a
19            firearm;
20                (viii) driving while under the influence of
21            alcohol, other drug or drugs, intoxicating
22            compound or compounds, or any combination thereof;
23                (ix) aggravated driving while under the
24            influence of alcohol, other drug or drugs,
25            intoxicating compound or compounds, or any
26            combination thereof; or

 

 

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1                (x) any crime defined as a crime of violence
2            under Section 2 of the Crime Victims Compensation
3            Act.
4        If a person has applied to the Board for a certificate
5    of eligibility for sealing and the Board denies the
6    certificate, the person must wait at least 4 years before
7    filing again or filing for pardon from the Governor unless
8    the Chairman of the Prisoner Review Board grants a waiver.
9        The decision to issue or refrain from issuing a
10    certificate of eligibility for sealing shall be at the
11    Board's sole discretion, and shall not give rise to any
12    cause of action against either the Board or its members.
13        The Board may only authorize the sealing of Class 3
14    and 4 felony convictions of the petitioner from one
15    information or indictment under this paragraph (10). A
16    petitioner may only receive one certificate of eligibility
17    for sealing under this provision for life; and
18        (11) upon a petition by a person who after having been
19    convicted of a Class 3 or Class 4 felony thereafter served
20    in the United States Armed Forces or National Guard of
21    this or any other state and had received an honorable
22    discharge from the United States Armed Forces or National
23    Guard or who at the time of filing the petition is enlisted
24    in the United States Armed Forces or National Guard of
25    this or any other state and served one tour of duty and who
26    meets the requirements of this paragraph, hear by at least

 

 

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

 

 

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1        state and has not completed one tour of duty.
2        If a person has applied to the Board for a certificate
3    of eligibility for expungement and the Board denies the
4    certificate, the person must wait at least 4 years before
5    filing again or filing for a pardon with authorization for
6    expungement from the Governor unless the Governor or
7    Chairman of the Prisoner Review Board grants a waiver.
8    (a-5) The Prisoner Review Board, with the cooperation of
9and in coordination with the Department of Corrections and the
10Department of Central Management Services, shall implement a
11pilot project in 3 correctional institutions providing for the
12conduct of hearings under paragraphs (1) and (4) of subsection
13(a) of this Section through interactive video conferences. The
14project shall be implemented within 6 months after January 1,
151997 (the effective date of Public Act 89-490) this amendatory
16Act of 1996. Within 6 months after the implementation of the
17pilot project, the Prisoner Review Board, with the cooperation
18of and in coordination with the Department of Corrections and
19the Department of Central Management Services, shall report to
20the Governor and the General Assembly regarding the use,
21costs, effectiveness, and future viability of interactive
22video conferences for Prisoner Review Board hearings.
23    (b) Upon recommendation of the Department the Board may
24restore sentence credit previously revoked.
25    (c) The Board shall cooperate with the Department in
26promoting an effective system of parole and mandatory

 

 

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1supervised release.
2    (d) The Board shall promulgate rules for the conduct of
3its work, and the Chairman shall file a copy of such rules and
4any amendments thereto with the Director and with the
5Secretary of State.
6    (e) The Board shall keep records of all of its official
7actions and shall make them accessible in accordance with law
8and the rules of the Board.
9    (f) The Board or one who has allegedly violated the
10conditions of his or her parole, aftercare release, or
11mandatory supervised release may require by subpoena the
12attendance and testimony of witnesses and the production of
13documentary evidence relating to any matter under
14investigation or hearing. The Chairman of the Board may sign
15subpoenas which shall be served by any agent or public
16official authorized by the Chairman of the Board, or by any
17person lawfully authorized to serve a subpoena under the laws
18of the State of Illinois. The attendance of witnesses, and the
19production of documentary evidence, may be required from any
20place in the State to a hearing location in the State before
21the Chairman of the Board or his or her designated agent or
22agents or any duly constituted Committee or Subcommittee of
23the Board. Witnesses so summoned shall be paid the same fees
24and mileage that are paid witnesses in the circuit courts of
25the State, and witnesses whose depositions are taken and the
26persons taking those depositions are each entitled to the same

 

 

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1fees as are paid for like services in actions in the circuit
2courts of the State. Fees and mileage shall be vouchered for
3payment when the witness is discharged from further
4attendance.
5    In case of disobedience to a subpoena, the Board may
6petition any circuit court of the State for an order requiring
7the attendance and testimony of witnesses or the production of
8documentary evidence or both. A copy of such petition shall be
9served by personal service or by registered or certified mail
10upon the person who has failed to obey the subpoena, and such
11person shall be advised in writing that a hearing upon the
12petition will be requested in a court room to be designated in
13such notice before the judge hearing motions or extraordinary
14remedies at a specified time, on a specified date, not less
15than 10 nor more than 15 days after the deposit of the copy of
16the written notice and petition in the U.S. mail mails
17addressed to the person at his or her last known address or
18after the personal service of the copy of the notice and
19petition upon such person. The court upon the filing of such a
20petition, may order the person refusing to obey the subpoena
21to appear at an investigation or hearing, or to there produce
22documentary evidence, if so ordered, or to give evidence
23relative to the subject matter of that investigation or
24hearing. Any failure to obey such order of the circuit court
25may be punished by that court as a contempt of court.
26    Each member of the Board and any hearing officer

 

 

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1designated by the Board shall have the power to administer
2oaths and to take the testimony of persons under oath.
3    (g) Except under subsection (a) of this Section, a
4majority of the members then appointed to the Prisoner Review
5Board shall constitute a quorum for the transaction of all
6business of the Board.
7    (h) The Prisoner Review Board shall annually transmit to
8the Director a detailed report of its work for the preceding
9calendar year. The annual report shall also be transmitted to
10the Governor for submission to the Legislature.
11(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20;
12revised 8-19-20.)
 
13    (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
14    Sec. 3-3-3. Eligibility for parole or release.
15    (a) Except for those offenders who accept the fixed
16release date established by the Prisoner Review Board under
17Section 3-3-2.1, every person serving a term of imprisonment
18under the law in effect prior to the effective date of this
19amendatory Act of 1977 shall be eligible for parole when he or
20she has served:
21        (1) the minimum term of an indeterminate sentence less
22    time credit for good behavior, or 20 years less time
23    credit for good behavior, whichever is less; or
24        (2) 20 years of a life sentence less time credit for
25    good behavior; or

 

 

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1        (3) 20 years or one-third of a determinate sentence,
2    whichever is less, less time credit for good behavior.
3    (b) No person sentenced under this amendatory Act of 1977
4or who accepts a release date under Section 3-3-2.1 shall be
5eligible for parole.
6    (c) Except for those sentenced to a term of natural life
7imprisonment, every person sentenced to imprisonment under
8this amendatory Act of 1977 or given a release date under
9Section 3-3-2.1 of this Act shall serve the full term of a
10determinate sentence less time credit for good behavior and
11shall then be released under the mandatory supervised release
12provisions of paragraph (d) of Section 5-8-1 of this Code.
13    (d) No person serving a term of natural life imprisonment
14may be paroled or released except through executive clemency.
15    (e) Every person committed to the Department of Juvenile
16Justice under the Juvenile Court Act of 1987 and confined in
17the State correctional institutions or facilities if such
18juvenile has not been tried as an adult shall be eligible for
19aftercare release under Section 3-2.5-85 of this Code.
20However, if a juvenile has been tried as an adult he or she
21shall only be eligible for parole or mandatory supervised
22release as an adult under this Section.
23    (f) If a person was originally prosecuted under the
24provisions of the Criminal Code of 1961 or the Criminal Code of
252012, sentenced under the provisions of this Act pursuant to
26Section 5-805 of the Juvenile Court Act of 1987, and convicted

 

 

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1as an adult and committed to the Department of Juvenile
2Justice under Section 5-8-6, the Department of Juvenile
3Justice shall, no less than 120 days prior to the date that the
4person reaches the age of 21, send written notification to the
5Prisoner Review Board indicating the day upon which the
6committed person will achieve the age of 21. The Prisoner
7Review Board shall conduct a hearing with no less than 3
8members to determine whether or not the minor shall be
9assigned mandatory supervised release or be transferred to the
10Department of Corrections prior to the minor's twenty-first
11birthday.
12(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.