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Rep. Constance A. Howard
Filed: 4/9/2008
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09500HB5516ham002 |
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LRB095 17071 RLC 49214 a |
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| AMENDMENT TO HOUSE BILL 5516
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| AMENDMENT NO. ______. Amend House Bill 5516, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 5. The Unified Code of Corrections is amended by |
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| changing Sections 5-5.5-5, 5-5.5-15, 5-5.5-25, and 5-5.5-30 as |
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| follows:
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| (730 ILCS 5/5-5.5-5)
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| Sec. 5-5.5-5. Definitions and rules of construction. In |
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| this Article:
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| "Eligible offender" means a person who has been
convicted |
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| of a crime that does not include any offense or attempted |
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| offense that would subject a person to registration under the |
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| Sex Offender Registration Act, the Arsonist Registration Act, |
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| or the Child Murderer and Violent Offender Against Youth |
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| Registration Act. "Eligible offender" does not include a person |
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09500HB5516ham002 |
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LRB095 17071 RLC 49214 a |
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| who has been convicted of committing or attempting to commit |
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| first degree murder
or of an offense that is not a crime of |
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| violence as
defined in Section 2 of the Crime Victims |
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| Compensation Act, a Class X or
a nonprobationable offense, or a |
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| violation of Article 11 or Article 12 of the
Criminal Code of |
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| 1961, but who has not been convicted more than twice of a
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| felony .
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| "Felony" means a conviction of a felony in this State, or
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| of an offense in any other jurisdiction for which a sentence to |
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| a
term of imprisonment in excess of one year, was authorized.
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| For the purposes of this Article the following rules of |
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| construction apply:
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| (i) two or more convictions of felonies charged in |
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| separate counts of one
indictment or information shall be |
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| deemed to be one conviction;
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| (ii) two or more convictions of felonies charged in 2 |
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| or more indictments
or informations, filed in the same |
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| court prior to entry of judgment under any
of them, shall |
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| be deemed to be one conviction; and
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| (iii) a plea or a verdict of guilty upon which a |
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| sentence
of probation, conditional discharge, or |
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| supervision
has been imposed shall be deemed to be a |
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| conviction.
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| (Source: P.A. 93-207, eff. 1-1-04; 94-1067, eff. 8-1-06.)
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| (730 ILCS 5/5-5.5-15)
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LRB095 17071 RLC 49214 a |
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| Sec. 5-5.5-15. Certificates of relief from disabilities |
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| issued by courts.
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| (a) Any circuit court of this State may, in its discretion, |
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| issue a
certificate of
relief from disabilities to an eligible |
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| offender for a conviction that
occurred in that court if the |
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| court imposed a sentence other than one
executed by commitment |
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| to an institution under the Department of
Corrections. The |
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| certificate may be issued (i) at the time
sentence is |
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| pronounced, in which case it may grant relief from forfeiture |
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| of licenses as well as from
disabilities, or (ii) at any time
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| thereafter, in which case it shall apply only to disabilities.
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| (b) The certificate may not be issued by the court unless |
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| the court
is satisfied that:
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| (1) the person to whom it is to be granted is an |
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| eligible offender, as
defined in Section 5-5.5-5;
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| (2) the relief to be granted by the certificate is |
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| consistent with the
rehabilitation of the eligible |
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| offender; and
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| (3) the relief to be granted by the certificate is |
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| consistent with the
public interest.
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| (c) If a certificate of relief from disabilities is not |
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| issued at
the time sentence is pronounced it shall only be |
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| issued thereafter upon
verified application to the court. The |
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| court may, for the purpose of
determining whether the |
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| certificate shall be issued, request the
probation or court |
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| services department to conduct an investigation of the
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LRB095 17071 RLC 49214 a |
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| applicant. Any probation officer
requested to make an |
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| investigation under this Section shall
prepare and submit to |
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| the court a written report in accordance with the
request.
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| (d) Any court that has issued a certificate of relief from |
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| disabilities
may at any time issue a new certificate to enlarge |
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| the relief previously
granted provided that the provisions of |
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| clauses (1)
through (3) of subsection (b) of this Section apply |
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| to the issuance of
any such new certificate.
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| (e) Any written report submitted to the court under this |
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| Section
is confidential and may not be made available to any |
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| person or public or
private agency except if specifically |
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| required or permitted by
statute or upon specific authorization |
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| of the court. However, it shall
be made available by the court |
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| for examination by the applicant's
attorney, or the applicant |
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| himself or herself, if he or she has no attorney. In
its |
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| discretion, the court may except from disclosure a part or |
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| parts of the
report that are not relevant to the granting of a |
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| certificate, or
sources of information which have been obtained |
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| on a promise of
confidentiality, or any other portion of the |
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| report, disclosure of which
would not be in the interest of |
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| justice. The action of the court excepting
information from |
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| disclosure shall be subject to appellate review. The
court, in |
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| its discretion, may hold a conference in open court or in
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| chambers to afford an applicant an opportunity to controvert or |
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| to
comment upon any portions of the report. The court may also |
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| conduct a
summary hearing at the conference on any matter |
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| relevant to the granting
of the application and may take |
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| testimony under oath.
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| (Source: P.A. 93-207, eff. 1-1-04.)
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| (730 ILCS 5/5-5.5-25)
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| Sec. 5-5.5-25. Certificate of good conduct.
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| (a) A certificate of good conduct may be granted as |
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| provided in this Section to relieve an eligible offender of any |
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| employment bar as defined in Section 5-5.5-5 of this Code. The |
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| certificate may be limited to one or more enumerated |
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| disabilities or bars or may relieve the individual of all |
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| disabilities and bars. |
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| Notwithstanding any other provision of law, a certificate |
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| of good conduct does not relieve an offender of any |
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| employment-related disability imposed by law by reason of his |
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| or her conviction of a crime that would prevent his or her |
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| employment by the Department of Corrections.
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| (a-6)
(a) A certificate of good conduct may be granted as |
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| provided in this
Section to an eligible offender as defined in |
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| Section 5-5.5-5 of this Code
who has demonstrated that he or |
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| she has been a law-abiding citizen and is fully
rehabilitated.
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| (b) (i) A certificate of good conduct may not, however, in |
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| any
way prevent any judicial proceeding, administrative, |
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| licensing, or other body,
board, or authority from |
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| considering the conviction specified
in the certificate.
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| (ii) A certificate of good conduct shall not limit or |
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| prevent the
introduction of evidence of a prior conviction |
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| for purposes of impeachment of
a witness in a judicial or |
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| other proceeding where otherwise authorized by the
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| applicable rules of evidence.
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| (iii) A certificate of good conduct does not limit the |
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| employer from accessing criminal background information; |
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| nor does it hide, alter, or expunge the record. |
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| (Source: P.A. 93-207, eff. 1-1-04.)
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| (730 ILCS 5/5-5.5-30)
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| Sec. 5-5.5-30. Issuance of certificate of good conduct.
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| (a) After a rehabilitation review has been held,
The
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| Prisoner Review Board, or any 3 members of the Prisoner Review |
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| Board by
unanimous vote, shall have the power to issue a |
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| certificate of good
conduct to any eligible offender previously |
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| convicted of a crime in this State,
when
the Board is satisfied |
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| that:
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| (1) the applicant has conducted himself or herself in a |
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| manner
warranting the issuance for a minimum period in |
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| accordance with the
provisions of subsection (c) of this |
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| Section;
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| (2) the relief to be granted by the certificate is |
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| consistent with the
rehabilitation of the applicant; and
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| (3) the relief to be granted is consistent with the |
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| public interest.
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| (b) The Prisoner Review Board, or any 3 members of the |
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09500HB5516ham002 |
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LRB095 17071 RLC 49214 a |
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| Board by
unanimous vote, shall have the power to issue a |
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| certificate of good
conduct to any person previously convicted |
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| of a crime in any other
jurisdiction, when the Board is |
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| satisfied that : |
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| (1) the applicant has demonstrated that there exist |
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| specific facts and circumstances and specific sections of |
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| Illinois State law that have an adverse impact on the |
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| applicant and warrant the application for relief to be made |
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| in Illinois; and
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| (2) the provisions of paragraphs (1), (2), and (3) of |
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| subsection (a) of
this Section have been met.
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| (c) The minimum period of good conduct by the individual |
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| referred to
in paragraph (1) of subsection (a) of this Section, |
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| shall be as follows:
if the most serious crime of which the |
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| individual was convicted is a
misdemeanor, the minimum period |
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| of good conduct shall be one year; if
the most serious crime of |
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| which the individual was convicted is a Class 1,
2, 3, or 4 |
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| felony, the minimum period of good conduct shall be 3 years.
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| Criminal acts committed outside the State
shall be classified |
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| as acts committed within the State based on the
maximum |
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| sentence that could have been imposed based upon the
conviction |
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| under the laws of the foreign jurisdiction. The minimum
period |
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| of good conduct by the individual shall be measured either from
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| the date of the payment of any fine imposed upon him or her, or |
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| from the
date of his or her release from custody by parole, |
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| mandatory supervised
release or commutation or termination of |
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LRB095 17071 RLC 49214 a |
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| his or her sentence.
The Board shall have power and it shall be |
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| its duty to investigate all
persons when the application is |
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| made and to grant or deny the same
within a reasonable time |
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| after the making of the application.
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| (d) If the Prisoner Review Board has issued a certificate |
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| of good
conduct, the Board may at any time issue a new |
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| certificate enlarging the
relief previously granted.
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| (e) (Blank) Any certificate of good conduct by the Prisoner |
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| Review Board to
an individual who at the time of the issuance |
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| of the certificate is under the
conditions of parole or |
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| mandatory supervised release imposed by the
Board shall be |
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| deemed to be a temporary certificate until the time as the
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| individual is discharged from the terms of parole or mandatory
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| supervised release, and, while temporary, the certificate may |
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| be
revoked by the Board for violation of the conditions of |
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| parole or
mandatory supervised release. Revocation shall be |
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| upon
notice to the parolee or releasee, who shall be accorded |
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| an opportunity to
explain the violation prior to a decision on |
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| the revocation. If the certificate
is not so revoked, it shall |
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| become a permanent certificate upon expiration
or termination |
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| of the offender's parole or mandatory supervised release term .
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| (Source: P.A. 93-207, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect June 1, |
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| 2008.".
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