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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.
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18 | | (b) The Board shall consist of 15 persons appointed by
the |
19 | | Governor by and with the advice and consent of the Senate.
One |
20 | | member of the Board shall be designated by the Governor
to be |
21 | | Chairman and shall serve as Chairman at the pleasure of
the |
22 | | Governor. The members of the Board shall have had at
least 5 |
23 | | years of actual experience in the fields of penology,
|
24 | | corrections work, law enforcement, sociology, law, education,
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25 | | social work, medicine, psychology, other behavioral sciences,
|
26 | | or a combination thereof. At least 6 members so appointed
must |
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1 | | have at least 3 years experience in the field of
juvenile |
2 | | matters. No more than 8 Board members may be members
of the |
3 | | same political party.
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4 | | Each member of the Board shall serve on a full-time basis
|
5 | | and shall not hold any other salaried public office, whether |
6 | | elective or
appointive, nor any other office or position of |
7 | | profit, nor engage in any
other business, employment, or |
8 | | vocation. The Chairman of the Board shall
receive $35,000 a |
9 | | year, or an amount set by the Compensation Review Board,
|
10 | | whichever is greater, and each other member $30,000, or an |
11 | | amount set by the
Compensation Review Board, whichever is |
12 | | greater.
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13 | | (c) Notwithstanding any other provision of this Section,
|
14 | | the term of each member of the Board
who was appointed by the |
15 | | Governor and is in office on June 30, 2003 shall
terminate at |
16 | | the close of business on that date or when all of the successor
|
17 | | members to be appointed pursuant to this amendatory Act of the |
18 | | 93rd General
Assembly have been appointed by the Governor, |
19 | | whichever occurs later. As soon
as possible, the Governor |
20 | | shall appoint persons to fill the vacancies created
by this |
21 | | amendatory Act.
|
22 | | Of the initial members appointed under this amendatory Act |
23 | | of the 93rd
General Assembly, the Governor shall appoint 5 |
24 | | members whose terms shall expire
on the third Monday
in |
25 | | January 2005, 5 members whose terms shall expire on the
third |
26 | | Monday in January 2007, and 5 members whose terms
shall expire |
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1 | | on the third Monday in January 2009. Their respective |
2 | | successors
shall be appointed for terms of 6 years from the |
3 | | third Monday
in January of the year of appointment. Each |
4 | | member shall
serve until his or her successor is appointed and |
5 | | qualified.
|
6 | | Any member may be removed by the Governor for |
7 | | incompetence, neglect of duty,
malfeasance or inability to |
8 | | serve.
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9 | | (d) The Chairman of the Board shall be its chief executive |
10 | | and
administrative officer. The Board may have an Executive |
11 | | Director; if so,
the Executive Director shall be appointed by |
12 | | the Governor with the advice and
consent of the Senate. The |
13 | | salary and duties of the Executive Director shall
be fixed by |
14 | | the Board.
|
15 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)
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16 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
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17 | | Sec. 3-3-2. Powers and duties.
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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 |
20 | | read "Prisoner Review
Board." After February 1, 1978 ( the |
21 | | effective date of Public Act 81-1099) this amendatory Act of |
22 | | 1977 , the
Prisoner Review Board shall provide by rule for the |
23 | | orderly transition of
all files, records, and documents of the |
24 | | Parole and Pardon Board and for
such other steps as may be |
25 | | necessary 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;
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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;
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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 ;
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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;
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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
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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;
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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;
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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;
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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;
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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
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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 |
9 | | and in
coordination with the Department of Corrections and the |
10 | | Department of Central
Management Services, shall implement a |
11 | | pilot project in 3 correctional
institutions providing for the |
12 | | conduct of hearings under paragraphs (1) and
(4)
of subsection |
13 | | (a) of this Section through interactive video conferences.
The
|
14 | | project shall be implemented within 6 months after January 1, |
15 | | 1997 ( the effective date of Public Act 89-490) this
amendatory |
16 | | Act of 1996 . Within 6 months after the implementation of the |
17 | | pilot
project, the Prisoner Review Board, with the cooperation |
18 | | of and in coordination
with the Department of Corrections and |
19 | | the Department of Central Management
Services, shall report to |
20 | | the Governor and the General Assembly regarding the
use, |
21 | | costs, effectiveness, and future viability of interactive |
22 | | video
conferences for Prisoner Review Board hearings.
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23 | | (b) Upon recommendation of the Department the Board may |
24 | | restore sentence credit previously revoked.
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25 | | (c) The Board shall cooperate with the Department in |
26 | | promoting an
effective system of parole and mandatory |
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1 | | supervised release.
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2 | | (d) The Board shall promulgate rules for the conduct of |
3 | | its work,
and the Chairman shall file a copy of such rules and |
4 | | any amendments
thereto with the Director and with the |
5 | | Secretary of State.
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6 | | (e) The Board shall keep records of all of its official |
7 | | actions and
shall make them accessible in accordance with law |
8 | | and the rules of the
Board.
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9 | | (f) The Board or one who has allegedly violated the |
10 | | conditions of
his or her parole, aftercare release, or |
11 | | mandatory supervised release may require by subpoena the
|
12 | | attendance and testimony of witnesses and the production of |
13 | | documentary
evidence relating to any matter under |
14 | | investigation or hearing. The
Chairman of the Board may sign |
15 | | subpoenas which shall be served by any
agent or public |
16 | | official authorized by the Chairman of the Board, or by
any |
17 | | person lawfully authorized to serve a subpoena under the laws |
18 | | of the
State of Illinois. The attendance of witnesses, and the |
19 | | production of
documentary evidence, may be required from any |
20 | | place in the State to a
hearing location in the State before |
21 | | the Chairman of the Board or his or her
designated agent or |
22 | | agents or any duly constituted Committee or
Subcommittee of |
23 | | the Board. Witnesses so summoned shall be paid the same
fees |
24 | | and mileage that are paid witnesses in the circuit courts of |
25 | | the
State, and witnesses whose depositions are taken and the |
26 | | persons taking
those depositions are each entitled to the same |
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1 | | fees as are paid for
like services in actions in the circuit |
2 | | courts of the State. Fees and
mileage shall be vouchered for |
3 | | payment when the witness is discharged
from further |
4 | | attendance.
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5 | | In case of disobedience to a subpoena, the Board may |
6 | | petition any
circuit court of the State for an order requiring |
7 | | the attendance and
testimony of witnesses or the production of |
8 | | documentary evidence or
both. A copy of such petition shall be |
9 | | served by personal service or by
registered or certified mail |
10 | | upon the person who has failed to obey the
subpoena, and such |
11 | | person shall be advised in writing that a hearing
upon the |
12 | | petition will be requested in a court room to be designated in
|
13 | | such notice before the judge hearing motions or extraordinary |
14 | | remedies
at a specified time, on a specified date, not less |
15 | | than 10 nor more than
15 days after the deposit of the copy of |
16 | | the written notice and petition
in the U.S. mail mails |
17 | | addressed to the person at his or her last known address or
|
18 | | after the personal service of the copy of the notice and |
19 | | petition upon
such person. The court upon the filing of such a |
20 | | petition, may order the
person refusing to obey the subpoena |
21 | | to appear at an investigation or
hearing, or to there produce |
22 | | documentary evidence, if so ordered, or to
give evidence |
23 | | relative to the subject matter of that investigation or
|
24 | | hearing. Any failure to obey such order of the circuit court |
25 | | may be
punished by that court as a contempt of court.
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26 | | Each member of the Board and any hearing officer |
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1 | | designated by the
Board shall have the power to administer |
2 | | oaths and to take the testimony
of persons under oath.
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3 | | (g) Except under subsection (a) of this Section, a |
4 | | majority of the
members then appointed to the Prisoner Review |
5 | | Board shall constitute a
quorum for the transaction of all |
6 | | business of the Board.
|
7 | | (h) The Prisoner Review Board shall annually transmit to |
8 | | the
Director a detailed report of its work for the preceding |
9 | | calendar year.
The annual report shall also be transmitted to |
10 | | the Governor for
submission to the Legislature.
|
11 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20; |
12 | | revised 8-19-20.)
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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 |
16 | | release
date established by the Prisoner Review Board under |
17 | | Section
3-3-2.1, every person serving a term of imprisonment |
18 | | under
the law in effect prior to the effective date of this
|
19 | | amendatory Act of 1977 shall be eligible for parole when
he or |
20 | | she 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,
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2 | | whichever is less, less time credit for good behavior.
|
3 | | (b) No person sentenced under this amendatory Act of 1977 |
4 | | or who accepts
a release date under Section 3-3-2.1 shall be |
5 | | eligible for parole.
|
6 | | (c) Except for those sentenced to a term of natural
life |
7 | | imprisonment, every person sentenced to imprisonment
under |
8 | | this amendatory Act of 1977 or given a release date
under |
9 | | Section 3-3-2.1 of this Act shall serve the full term
of a |
10 | | determinate sentence less time credit for good behavior
and |
11 | | shall then be released under the mandatory supervised
release |
12 | | provisions of paragraph (d) of Section 5-8-1 of this Code.
|
13 | | (d) No person serving a term of natural life imprisonment |
14 | | may be paroled
or released except through executive clemency.
|
15 | | (e) Every person committed to the Department of Juvenile |
16 | | Justice under the Juvenile
Court Act
of 1987 and confined in |
17 | | the State correctional
institutions or facilities if such |
18 | | juvenile has not been
tried as an adult shall be eligible for |
19 | | aftercare release under Section 3-2.5-85 of this Code.
|
20 | | However, if a juvenile has been tried as an adult he or she |
21 | | shall
only be eligible for parole or mandatory supervised |
22 | | release
as an adult under this Section. |
23 | | (f) If a person was originally prosecuted under the |
24 | | provisions of the Criminal Code of 1961 or the Criminal Code of |
25 | | 2012, sentenced under the provisions of this Act pursuant to |
26 | | Section 5-805 of the Juvenile Court Act of 1987, and convicted |
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1 | | as an adult and committed to the Department of Juvenile |
2 | | Justice under Section 5-8-6, the Department of Juvenile |
3 | | Justice shall, no less than 120 days prior to the date that the |
4 | | person reaches the age of 21, send written notification to the |
5 | | Prisoner Review Board indicating the day upon which the |
6 | | committed person will achieve the age of 21. The Prisoner |
7 | | Review Board shall conduct a hearing with no less than 3 |
8 | | members to determine whether or not the minor shall be |
9 | | assigned mandatory supervised release or be transferred to the |
10 | | Department of Corrections prior to the minor's twenty-first |
11 | | birthday.
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12 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
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13 | | Section 99. Effective date. This Act takes effect upon |
14 | | becoming law.
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