103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3378

 

Introduced 2/17/2023, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-9  from Ch. 38, par. 1003-3-9

    Amends the Unified Code of Corrections. Deletes provision that the Prisoner Review Board shall revoke parole or mandatory supervised release for violations of the requirement that if the parolee or releasee was convicted for an offense that would qualify the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007, wear an approved electronic monitoring device for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term. Makes other changes concerning violations of parole or mandatory supervised release. Provides for different conditions if the parolee or releasee violates a criminal statute of any jurisdiction during the parole or release term than for violations of other conditions of parole or mandatory supervised release.


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A BILL FOR

 

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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 Section 3-3-9 as follows:
 
6    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)
7    Sec. 3-3-9. Violations; changes of conditions; preliminary
8hearing; revocation of parole or mandatory supervised release;
9revocation hearing.
10    (a) If prior to expiration or termination of the term of
11parole or mandatory supervised release, a person violates a
12condition set by the Prisoner Review Board or a condition of
13parole or mandatory supervised release under paragraphs (2)
14through (21) of subsection (a) of Section 3-3-7 of this Code to
15govern that term, the Board may:
16        (1) continue the existing term, with or without
17    modifying or enlarging the conditions; or
18        (1.5) for those released as a result of youthful
19    offender parole as set forth in Section 5-4.5-115 of this
20    Code, order that the inmate be subsequently rereleased to
21    serve a specified mandatory supervised release term not to
22    exceed the full term permitted under the provisions of
23    Section 5-4.5-115 and subsection (d) of Section 5-8-1 of

 

 

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1    this Code and may modify or enlarge the conditions of the
2    release as the Board deems proper; or
3        (2) parole or release the person to a half-way house.
4    ; or
5        (3) (blank).
6    (a-1) If prior to expiration or termination of the term of
7parole or mandatory supervised release, a person violates a
8condition set by the Prisoner Review Board or a condition of
9parole or mandatory supervised release under paragraph (1) of
10subsection (a) of Section 3-3-7 of this Code to govern that
11term, the Board may:
12        (1) continue the existing term, with or without
13    modifying or enlarging the conditions;
14        (2) for those released as a result of youthful
15    offender parole as set forth in Section 5-4.5-115 of this
16    Code, order that the inmate be subsequently re-released to
17    serve a specified mandatory supervised release term not to
18    exceed the full term permitted under the provisions of
19    Section 5-4.5-115 and subsection (d) of Section 5-8-1 of
20    this Code and may modify or enlarge the conditions of the
21    release as the Board deems proper;
22        (3) parole or release the person to a half-way house;
23        (4) revoke the parole or mandatory supervised release
24    and reconfine the person for a term computed in the
25    following manner:
26            (i)(A) For those sentenced under the law in effect

 

 

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1        prior to February 1, 1978 (the effective date of
2        Public Act 80-1099), the recommitment shall be for any
3        portion of the imposed maximum term of imprisonment or
4        confinement which had not been served at the time of
5        parole and the parole term, less the time elapsed
6        between the parole of the person and the commission of
7        the violation for which parole was revoked;
8            (B) Except as set forth in clauses (C) and (D) of
9        this subparagraph (i), for those subject to mandatory
10        supervised release under paragraph (d) of Section
11        5-8-1 of this Code, the recommitment shall be for the
12        total mandatory supervised release term, less the time
13        elapsed between the release of the person and the
14        commission of the violation for which mandatory
15        supervised release is revoked. The Board may also
16        order that a prisoner serve up to one year of the
17        sentence imposed by the court which was not served due
18        to the accumulation of sentence credit;
19            (C) For those subject to sex offender supervision
20        under clause (d)(4) of Section 5-8-1 of this Code, the
21        reconfinement period for violations of clauses (a)(3)
22        through (b-1)(15) of Section 3-3-7 shall not exceed 2
23        years from the date of reconfinement;
24            (D) For those released as a result of youthful
25        offender parole as set forth in Section 5-4.5-115 of
26        this Code, the reconfinement period shall be for the

 

 

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1        total mandatory supervised release term, less the time
2        elapsed between the release of the person and the
3        commission of the violation for which mandatory
4        supervised release is revoked. The Board may also
5        order that a prisoner serve up to one year of the
6        mandatory supervised release term previously earned.
7        The Board may also order that the inmate be
8        subsequently rereleased to serve a specified mandatory
9        supervised release term not to exceed the full term
10        permitted under the provisions of Section 5-4.5-115
11        and subsection (d) of Section 5-8-1 of this Code and
12        may modify or enlarge the conditions of the release as
13        the Board deems proper;
14            (ii) the person shall be given credit against the
15        term of reimprisonment or reconfinement for time spent
16        in custody since he or she was paroled or released
17        which has not been credited against another sentence
18        or period of confinement;
19            (iii) this Section is subject to the release under
20        supervision and the reparole and rerelease provisions
21        of Section 3-3-10. revoke the parole or mandatory
22        supervised release and reconfine the person for a term
23        computed in the following manner:
24            (i) (A) For those sentenced under the law in
25        effect prior to this amendatory Act of 1977, the
26        recommitment shall be for any portion of the imposed

 

 

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1        maximum term of imprisonment or confinement which had
2        not been served at the time of parole and the parole
3        term, less the time elapsed between the parole of the
4        person and the commission of the violation for which
5        parole was revoked;
6            (B) Except as set forth in paragraphs (C) and (D),
7        for those subject to mandatory supervised release
8        under paragraph (d) of Section 5-8-1 of this Code, the
9        recommitment shall be for the total mandatory
10        supervised release term, less the time elapsed between
11        the release of the person and the commission of the
12        violation for which mandatory supervised release is
13        revoked. The Board may also order that a prisoner
14        serve up to one year of the sentence imposed by the
15        court which was not served due to the accumulation of
16        sentence credit;
17            (C) For those subject to sex offender supervision
18        under clause (d)(4) of Section 5-8-1 of this Code, the
19        reconfinement period for violations of clauses (a)(3)
20        through (b-1)(15) of Section 3-3-7 shall not exceed 2
21        years from the date of reconfinement;
22            (D) For those released as a result of youthful
23        offender parole as set forth in Section 5-4.5-115 of
24        this Code, the reconfinement period shall be for the
25        total mandatory supervised release term, less the time
26        elapsed between the release of the person and the

 

 

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1        commission of the violation for which mandatory
2        supervised release is revoked. The Board may also
3        order that a prisoner serve up to one year of the
4        mandatory supervised release term previously earned.
5        The Board may also order that the inmate be
6        subsequently rereleased to serve a specified mandatory
7        supervised release term not to exceed the full term
8        permitted under the provisions of Section 5-4.5-115
9        and subsection (d) of Section 5-8-1 of this Code and
10        may modify or enlarge the conditions of the release as
11        the Board deems proper;
12             (ii) the person shall be given credit against the
13        term of reimprisonment or reconfinement for time spent
14        in custody since he or she was paroled or released
15        which has not been credited against another sentence
16        or period of confinement;
17             (iii) (blank);
18             (iv) this Section is subject to the release under
19        supervision and the reparole and rerelease provisions
20        of Section 3-3-10.
21    (b) The Board may revoke parole or mandatory supervised
22release for violation of a condition for the duration of the
23term and for any further period which is reasonably necessary
24for the adjudication of matters arising before its expiration.
25The issuance of a warrant of arrest for an alleged violation of
26the conditions of parole or mandatory supervised release shall

 

 

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1toll the running of the term until the final determination of
2the charge. When parole or mandatory supervised release is not
3revoked that period shall be credited to the term, unless a
4community-based sanction is imposed as an alternative to
5revocation and reincarceration, including a diversion
6established by the Illinois Department of Corrections Parole
7Services Unit prior to the holding of a preliminary parole
8revocation hearing. Parolees who are diverted to a
9community-based sanction shall serve the entire term of parole
10or mandatory supervised release, if otherwise appropriate.
11    (b-5) (Blank). The Board shall revoke parole or mandatory
12supervised release for violation of the conditions prescribed
13in paragraph (7.6) of subsection (a) of Section 3-3-7.
14    (c) A person charged with violating a condition of parole
15or mandatory supervised release shall have a preliminary
16hearing before a hearing officer designated by the Board to
17determine if there is cause to hold the person for a revocation
18hearing. However, no preliminary hearing need be held when
19revocation is based upon new criminal charges and a court
20finds probable cause on the new criminal charges or when the
21revocation is based upon a new criminal conviction and a
22certified copy of that conviction is available.
23    (d) Parole or mandatory supervised release shall not be
24revoked without written notice to the offender setting forth
25the violation of parole or mandatory supervised release
26charged against him or her.

 

 

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1    (e) A hearing on revocation shall be conducted before at
2least one member of the Prisoner Review Board. The Board may
3meet and order its actions in panels of 3 or more members. The
4action of a majority of the panel shall be the action of the
5Board. A record of the hearing shall be made. At the hearing
6the offender shall be permitted to:
7        (1) appear and answer the charge; and
8        (2) bring witnesses on his or her behalf.
9    (f) The Board shall either revoke parole or mandatory
10supervised release or order the person's term continued with
11or without modification or enlargement of the conditions.
12    (g) Parole or mandatory supervised release shall not be
13revoked for failure to make payments under the conditions of
14parole or release unless the Board determines that such
15failure is due to the offender's willful refusal to pay.
16(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)