103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2073

 

Introduced 2/9/2023, by Sen. Seth Lewis

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-4.5-115

    Amends the Unified Code of Corrections if and only if House Bill 1064 of the 102nd General Assembly becomes law. Provides that the amendatory Act applies retroactively. Provides that a petitioner is eligible for parole review regardless of whether the petitioner was sentenced on or after June 1, 2019. Provides that up to 3 (rather than 3) years prior to becoming eligible for parole review, the eligible person may file his or her petition for parole review with the Prisoner Review Board. Provides that within 30 days of receipt of this petition, the Prisoner Review Board shall determine whether the petition is appropriately filed, and if so, shall set a date for a parole review hearing one year from the date the petition is deemed appropriately filed or on the date of eligibility for parole review, whichever is later (rather than 3 years from receipt of the petition). Effective immediately.


LRB103 28530 RLC 54911 b

 

 

A BILL FOR

 

SB2073LRB103 28530 RLC 54911 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. If and only if House Bill 1064 of the 102nd
5General Assembly becomes law, then the Unified Code of
6Corrections is amended by changing Section 5-4.5-115 as
7follows:
 
8    (730 ILCS 5/5-4.5-115)
9    Sec. 5-4.5-115. Parole review of persons under the age of
1021 at the time of the commission of an offense.
11    (a) For purposes of this Section, "victim" means a victim
12of a violent crime as defined in subsection (a) of Section 3 of
13the Rights of Crime Victims and Witnesses Act including a
14witness as defined in subsection (b) of Section 3 of the Rights
15of Crime Victims and Witnesses Act; any person legally related
16to the victim by blood, marriage, adoption, or guardianship;
17any friend of the victim; or any concerned citizen.
18    (b) Any A person under 21 years of age at the time of the
19commission of an offense or offenses, other than first degree
20murder, and who is not serving a sentence for first degree
21murder and who is sentenced on or after June 1, 2019 (the
22effective date of Public Act 100-1182) shall be eligible for
23parole review by the Prisoner Review Board after serving 10

 

 

SB2073- 2 -LRB103 28530 RLC 54911 b

1years or more of his or her sentence or sentences, except for
2those serving a sentence or sentences for: (1) aggravated
3criminal sexual assault who shall be eligible for parole
4review by the Prisoner Review Board after serving 20 years or
5more of his or her sentence or sentences or (2) predatory
6criminal sexual assault of a child who shall not be eligible
7for parole review by the Prisoner Review Board under this
8Section. Any A person under 21 years of age at the time of the
9commission of first degree murder who is sentenced on or after
10June 1, 2019 (the effective date of Public Act 100-1182) shall
11be eligible for parole review by the Prisoner Review Board
12after serving 20 years or more of his or her sentence or
13sentences, except for those subject to a term of natural life
14imprisonment under Section 5-8-1 of this Code or any person
15subject to sentencing under subsection (c) of Section
165-4.5-105 of this Code, who shall be eligible for parole
17review by the Prisoner Review Board after serving 40 years or
18more of his or her sentence or sentences.
19    (c) Up to 3 Three years prior to becoming eligible for
20parole review, the eligible person may file his or her
21petition for parole review with the Prisoner Review Board. The
22petition shall include a copy of the order of commitment and
23sentence to the Department of Corrections for the offense or
24offenses for which review is sought. Within 30 days of receipt
25of this petition, the Prisoner Review Board shall determine
26whether the petition is appropriately filed, and if so, shall

 

 

SB2073- 3 -LRB103 28530 RLC 54911 b

1set a date for a parole review hearing one year from the date
2the petition is deemed appropriately filed or on the date of
3eligibility for parole review, whichever is later, 3 years
4from receipt of the petition and notify the Department of
5Corrections within 10 business days. If the Prisoner Review
6Board determines that the petition is not appropriately filed,
7it shall notify the petitioner in writing, including a basis
8for its determination.
9    (d) Within 6 months of the Prisoner Review Board's
10determination that the petition was appropriately filed, a
11representative from the Department of Corrections shall meet
12with the eligible person and provide the inmate information
13about the parole hearing process and personalized
14recommendations for the inmate regarding his or her work
15assignments, rehabilitative programs, and institutional
16behavior. Following this meeting, the eligible person has 7
17calendar days to file a written request to the representative
18from the Department of Corrections who met with the eligible
19person of any additional programs and services which the
20eligible person believes should be made available to prepare
21the eligible person for return to the community.
22    (e) One year prior to the person being eligible for parole
23review hearing, counsel shall be appointed by the Prisoner
24Review Board upon a finding of indigency. The eligible person
25may waive appointed counsel or retain his or her own counsel at
26his or her own expense.

 

 

SB2073- 4 -LRB103 28530 RLC 54911 b

1    (f) Nine months prior to the hearing, the Prisoner Review
2Board shall provide the eligible person, and his or her
3counsel, any written documents or materials it will be
4considering in making its decision unless the written
5documents or materials are specifically found to: (1) include
6information which, if disclosed, would damage the therapeutic
7relationship between the inmate and a mental health
8professional; (2) subject any person to the actual risk of
9physical harm; (3) threaten the safety or security of the
10Department or an institution. In accordance with Section
114.5(d)(4) of the Rights of Crime Victims and Witnesses Act and
12Section 10 of the Open Parole Hearings Act, victim statements
13provided to the Board shall be confidential and privileged,
14including any statements received prior to the effective date
15of this amendatory Act of the 101st General Assembly, except
16if the statement was an oral statement made by the victim at a
17hearing open to the public. Victim statements shall not be
18considered public documents under the provisions of the
19Freedom of Information Act. The inmate or his or her attorney
20shall not be given a copy of the statement, but shall be
21informed of the existence of a victim statement and the
22position taken by the victim on the inmate's request for
23parole. This shall not be construed to permit disclosure to an
24inmate of any information which might result in the risk of
25threats or physical harm to a victim. The Prisoner Review
26Board shall have an ongoing duty to provide the eligible

 

 

SB2073- 5 -LRB103 28530 RLC 54911 b

1person, and his or her counsel, with any further documents or
2materials that come into its possession prior to the hearing
3subject to the limitations contained in this subsection.
4    (g) Not less than 12 months prior to the hearing, the
5Prisoner Review Board shall provide notification to the
6State's Attorney of the county from which the person was
7committed and written notification to the victim or family of
8the victim of the scheduled hearing place, date, and
9approximate time. The written notification shall contain: (1)
10information about their right to be present, appear in person
11at the parole hearing, and their right to make an oral
12statement and submit information in writing, by videotape,
13tape recording, or other electronic means; (2) a toll-free
14number to call for further information about the parole review
15process; and (3) information regarding available resources,
16including trauma-informed therapy, they may access. If the
17Board does not have knowledge of the current address of the
18victim or family of the victim, it shall notify the State's
19Attorney of the county of commitment and request assistance in
20locating the victim or family of the victim. Those victims or
21family of the victims who advise the Board in writing that they
22no longer wish to be notified shall not receive future
23notices. A victim shall have the right to submit information
24by videotape, tape recording, or other electronic means. The
25victim may submit this material prior to or at the parole
26hearing. The victim also has the right to be heard at the

 

 

SB2073- 6 -LRB103 28530 RLC 54911 b

1parole hearing.
2    (h) The hearing conducted by the Prisoner Review Board
3shall be governed by Sections 15 and 20, subsection (f) of
4Section 5, subsections (a), (a-5), (b), (b-5), and (c) of
5Section 10, and subsection (d) of Section 25 of the Open Parole
6Hearings Act and Part 1610 of Title 20 of the Illinois
7Administrative Code. The eligible person has a right to be
8present at the Prisoner Review Board hearing, unless the
9Prisoner Review Board determines the eligible person's
10presence is unduly burdensome when conducting a hearing under
11paragraph (6.6) of subsection (a) of Section 3-3-2 of this
12Code. If a psychological evaluation is submitted for the
13Prisoner Review Board's consideration, it shall be prepared by
14a person who has expertise in adolescent brain development and
15behavior, and shall take into consideration the diminished
16culpability of youthful offenders, the hallmark features of
17youth, and any subsequent growth and increased maturity of the
18person. At the hearing, the eligible person shall have the
19right to make a statement on his or her own behalf.
20    (i) Only upon motion for good cause shall the date for the
21Prisoner Review Board hearing, as set by subsection (b) of
22this Section, be changed. No less than 15 days prior to the
23hearing, the Prisoner Review Board shall notify the victim or
24victim representative, the attorney, and the eligible person
25of the exact date and time of the hearing. All hearings shall
26be open to the public.

 

 

SB2073- 7 -LRB103 28530 RLC 54911 b

1    (j) The Prisoner Review Board shall not parole the
2eligible person if it determines that:
3        (1) there is a substantial risk that the eligible
4    person will not conform to reasonable conditions of parole
5    or aftercare release; or
6        (2) the eligible person's release at that time would
7    deprecate the seriousness of his or her offense or promote
8    disrespect for the law; or
9        (3) the eligible person's release would have a
10    substantially adverse effect on institutional discipline.
11    In considering the factors affecting the release
12determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner
13Review Board panel shall consider the diminished culpability
14of youthful offenders, the hallmark features of youth, and any
15subsequent growth and maturity of the youthful offender during
16incarceration.
17    (k) Unless denied parole under subsection (j) of this
18Section and subject to the provisions of Section 3-3-9 of this
19Code: (1) the eligible person serving a sentence for any
20non-first degree murder offense or offenses, shall be released
21on parole which shall operate to discharge any remaining term
22of years sentence imposed upon him or her, notwithstanding any
23required mandatory supervised release period the eligible
24person is required to serve; and (2) the eligible person
25serving a sentence for any first degree murder offense, shall
26be released on mandatory supervised release for a period of 10

 

 

SB2073- 8 -LRB103 28530 RLC 54911 b

1years subject to Section 3-3-8, which shall operate to
2discharge any remaining term of years sentence imposed upon
3him or her, however in no event shall the eligible person serve
4a period of mandatory supervised release greater than the
5aggregate of the discharged underlying sentence and the
6mandatory supervised release period as sent forth in Section
75-4.5-20.
8    (l) If the Prisoner Review Board denies parole after
9conducting the hearing under subsection (j) of this Section,
10it shall issue a written decision which states the rationale
11for denial, including the primary factors considered. This
12decision shall be provided to the eligible person and his or
13her counsel within 30 days.
14    (m) A person denied parole under subsection (j) of this
15Section, who is not serving a sentence for either first degree
16murder or aggravated criminal sexual assault, shall be
17eligible for a second parole review by the Prisoner Review
18Board 5 years after the written decision under subsection (l)
19of this Section; a person denied parole under subsection (j)
20of this Section, who is serving a sentence or sentences for
21first degree murder or aggravated criminal sexual assault
22shall be eligible for a second and final parole review by the
23Prisoner Review Board 10 years after the written decision
24under subsection (k) of this Section. The procedures for a
25second parole review shall be governed by subsections (c)
26through (k) of this Section.

 

 

SB2073- 9 -LRB103 28530 RLC 54911 b

1    (n) A person denied parole under subsection (m) of this
2Section, who is not serving a sentence for either first degree
3murder or aggravated criminal sexual assault, shall be
4eligible for a third and final parole review by the Prisoner
5Review Board 5 years after the written decision under
6subsection (l) of this Section. The procedures for the third
7and final parole review shall be governed by subsections (c)
8through (k) of this Section.
9    (o) Notwithstanding anything else to the contrary in this
10Section, nothing in this Section shall be construed to delay
11parole or mandatory supervised release consideration for
12petitioners who are or will be eligible for release earlier
13than this Section provides. Nothing in this Section shall be
14construed as a limit, substitution, or bar on a person's right
15to sentencing relief, or any other manner of relief, obtained
16by order of a court in proceedings other than as provided in
17this Section. This Section applies retroactively on the
18effective date of this amendatory Act of the 103rd General
19Assembly.
20(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20;
2110200HB1064enr.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.