Rep. Harry R. Ramey Jr.

Filed: 5/21/2008

 

 


 

 


 
09500HB5756ham004 LRB095 14924 RLC 51226 a

1
AMENDMENT TO HOUSE BILL 5756

2     AMENDMENT NO. ______. Amend House Bill 5756, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Unified Code of Corrections is amended by
6 changing Sections 3-2-2, 3-3-2, 3-3-3, and 3-3-8 as follows:
 
7     (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
8     Sec. 3-2-2. Powers and Duties of the Department.
9     (1) In addition to the powers, duties and responsibilities
10 which are otherwise provided by law, the Department shall have
11 the following powers:
12         (a) To accept persons committed to it by the courts of
13     this State for care, custody, treatment and
14     rehabilitation, and to accept federal prisoners and aliens
15     over whom the Office of the Federal Detention Trustee is
16     authorized to exercise the federal detention function for

 

 

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1     limited purposes and periods of time.
2         (b) To develop and maintain reception and evaluation
3     units for purposes of analyzing the custody and
4     rehabilitation needs of persons committed to it and to
5     assign such persons to institutions and programs under its
6     control or transfer them to other appropriate agencies. In
7     consultation with the Department of Alcoholism and
8     Substance Abuse (now the Department of Human Services), the
9     Department of Corrections shall develop a master plan for
10     the screening and evaluation of persons committed to its
11     custody who have alcohol or drug abuse problems, and for
12     making appropriate treatment available to such persons;
13     the Department shall report to the General Assembly on such
14     plan not later than April 1, 1987. The maintenance and
15     implementation of such plan shall be contingent upon the
16     availability of funds.
17         (b-1) To create and implement, on January 1, 2002, a
18     pilot program to establish the effectiveness of
19     pupillometer technology (the measurement of the pupil's
20     reaction to light) as an alternative to a urine test for
21     purposes of screening and evaluating persons committed to
22     its custody who have alcohol or drug problems. The pilot
23     program shall require the pupillometer technology to be
24     used in at least one Department of Corrections facility.
25     The Director may expand the pilot program to include an
26     additional facility or facilities as he or she deems

 

 

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1     appropriate. A minimum of 4,000 tests shall be included in
2     the pilot program. The Department must report to the
3     General Assembly on the effectiveness of the program by
4     January 1, 2003.
5         (b-5) To develop, in consultation with the Department
6     of State Police, a program for tracking and evaluating each
7     inmate from commitment through release for recording his or
8     her gang affiliations, activities, or ranks.
9         (c) To maintain and administer all State correctional
10     institutions and facilities under its control and to
11     establish new ones as needed. Pursuant to its power to
12     establish new institutions and facilities, the Department
13     may, with the written approval of the Governor, authorize
14     the Department of Central Management Services to enter into
15     an agreement of the type described in subsection (d) of
16     Section 405-300 of the Department of Central Management
17     Services Law (20 ILCS 405/405-300). The Department shall
18     designate those institutions which shall constitute the
19     State Penitentiary System.
20         Pursuant to its power to establish new institutions and
21     facilities, the Department may authorize the Department of
22     Central Management Services to accept bids from counties
23     and municipalities for the construction, remodeling or
24     conversion of a structure to be leased to the Department of
25     Corrections for the purposes of its serving as a
26     correctional institution or facility. Such construction,

 

 

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1     remodeling or conversion may be financed with revenue bonds
2     issued pursuant to the Industrial Building Revenue Bond Act
3     by the municipality or county. The lease specified in a bid
4     shall be for a term of not less than the time needed to
5     retire any revenue bonds used to finance the project, but
6     not to exceed 40 years. The lease may grant to the State
7     the option to purchase the structure outright.
8         Upon receipt of the bids, the Department may certify
9     one or more of the bids and shall submit any such bids to
10     the General Assembly for approval. Upon approval of a bid
11     by a constitutional majority of both houses of the General
12     Assembly, pursuant to joint resolution, the Department of
13     Central Management Services may enter into an agreement
14     with the county or municipality pursuant to such bid.
15         (c-5) To build and maintain regional juvenile
16     detention centers and to charge a per diem to the counties
17     as established by the Department to defray the costs of
18     housing each minor in a center. In this subsection (c-5),
19     "juvenile detention center" means a facility to house
20     minors during pendency of trial who have been transferred
21     from proceedings under the Juvenile Court Act of 1987 to
22     prosecutions under the criminal laws of this State in
23     accordance with Section 5-805 of the Juvenile Court Act of
24     1987, whether the transfer was by operation of law or
25     permissive under that Section. The Department shall
26     designate the counties to be served by each regional

 

 

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1     juvenile detention center.
2         (d) To develop and maintain programs of control,
3     rehabilitation and employment of committed persons within
4     its institutions.
5         (d-5) To provide a pre-release job preparation program
6     for inmates at Illinois adult correctional centers.
7         (e) To establish a system of supervision and guidance
8     of committed persons in the community.
9         (f) To establish in cooperation with the Department of
10     Transportation to supply a sufficient number of prisoners
11     for use by the Department of Transportation to clean up the
12     trash and garbage along State, county, township, or
13     municipal highways as designated by the Department of
14     Transportation. The Department of Corrections, at the
15     request of the Department of Transportation, shall furnish
16     such prisoners at least annually for a period to be agreed
17     upon between the Director of Corrections and the Director
18     of Transportation. The prisoners used on this program shall
19     be selected by the Director of Corrections on whatever
20     basis he deems proper in consideration of their term,
21     behavior and earned eligibility to participate in such
22     program - where they will be outside of the prison facility
23     but still in the custody of the Department of Corrections.
24     Prisoners convicted of first degree murder, or a Class X
25     felony, or armed violence, or aggravated kidnapping, or
26     criminal sexual assault, aggravated criminal sexual abuse

 

 

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1     or a subsequent conviction for criminal sexual abuse, or
2     forcible detention, or arson, or a prisoner adjudged a
3     Habitual Criminal shall not be eligible for selection to
4     participate in such program. The prisoners shall remain as
5     prisoners in the custody of the Department of Corrections
6     and such Department shall furnish whatever security is
7     necessary. The Department of Transportation shall furnish
8     trucks and equipment for the highway cleanup program and
9     personnel to supervise and direct the program. Neither the
10     Department of Corrections nor the Department of
11     Transportation shall replace any regular employee with a
12     prisoner.
13         (g) To maintain records of persons committed to it and
14     to establish programs of research, statistics and
15     planning.
16         (h) To investigate the grievances of any person
17     committed to the Department, to inquire into any alleged
18     misconduct by employees or committed persons, and to
19     investigate the assets of committed persons to implement
20     Section 3-7-6 of this Code; and for these purposes it may
21     issue subpoenas and compel the attendance of witnesses and
22     the production of writings and papers, and may examine
23     under oath any witnesses who may appear before it; to also
24     investigate alleged violations of a parolee's or
25     releasee's conditions of parole or release; and for this
26     purpose it may issue subpoenas and compel the attendance of

 

 

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1     witnesses and the production of documents only if there is
2     reason to believe that such procedures would provide
3     evidence that such violations have occurred.
4         If any person fails to obey a subpoena issued under
5     this subsection, the Director may apply to any circuit
6     court to secure compliance with the subpoena. The failure
7     to comply with the order of the court issued in response
8     thereto shall be punishable as contempt of court.
9         (i) To appoint and remove the chief administrative
10     officers, and administer programs of training and
11     development of personnel of the Department. Personnel
12     assigned by the Department to be responsible for the
13     custody and control of committed persons or to investigate
14     the alleged misconduct of committed persons or employees or
15     alleged violations of a parolee's or releasee's conditions
16     of parole shall be conservators of the peace for those
17     purposes, and shall have the full power of peace officers
18     outside of the facilities of the Department in the
19     protection, arrest, retaking and reconfining of committed
20     persons or where the exercise of such power is necessary to
21     the investigation of such misconduct or violations.
22         (j) To cooperate with other departments and agencies
23     and with local communities for the development of standards
24     and programs for better correctional services in this
25     State.
26         (k) To administer all moneys and properties of the

 

 

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1     Department.
2         (l) To report annually to the Governor on the committed
3     persons, institutions and programs of the Department.
4         (l-5) In a confidential annual report to the Governor,
5     the Department shall identify all inmate gangs by
6     specifying each current gang's name, population and allied
7     gangs. The Department shall further specify the number of
8     top leaders identified by the Department for each gang
9     during the past year, and the measures taken by the
10     Department to segregate each leader from his or her gang
11     and allied gangs. The Department shall further report the
12     current status of leaders identified and segregated in
13     previous years. All leaders described in the report shall
14     be identified by inmate number or other designation to
15     enable tracking, auditing, and verification without
16     revealing the names of the leaders. Because this report
17     contains law enforcement intelligence information
18     collected by the Department, the report is confidential and
19     not subject to public disclosure.
20         (m) To make all rules and regulations and exercise all
21     powers and duties vested by law in the Department.
22         (n) To establish rules and regulations for
23     administering a system of good conduct credits,
24     established in accordance with Section 3-6-3, subject to
25     review by the Prisoner Review Board.
26         (o) To administer the distribution of funds from the

 

 

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1     State Treasury to reimburse counties where State penal
2     institutions are located for the payment of assistant
3     state's attorneys' salaries under Section 4-2001 of the
4     Counties Code.
5         (p) To exchange information with the Department of
6     Human Services and the Department of Healthcare and Family
7     Services for the purpose of verifying living arrangements
8     and for other purposes directly connected with the
9     administration of this Code and the Illinois Public Aid
10     Code.
11         (q) To establish a diversion program.
12         The program shall provide a structured environment for
13     selected technical parole or mandatory supervised release
14     violators and committed persons who have violated the rules
15     governing their conduct while in work release. This program
16     shall not apply to those persons who have committed a new
17     offense while serving on parole or mandatory supervised
18     release or while committed to work release.
19         Elements of the program shall include, but shall not be
20     limited to, the following:
21             (1) The staff of a diversion facility shall provide
22         supervision in accordance with required objectives set
23         by the facility.
24             (2) Participants shall be required to maintain
25         employment.
26             (3) Each participant shall pay for room and board

 

 

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1         at the facility on a sliding-scale basis according to
2         the participant's income.
3             (4) Each participant shall:
4                 (A) provide restitution to victims in
5             accordance with any court order;
6                 (B) provide financial support to his
7             dependents; and
8                 (C) make appropriate payments toward any other
9             court-ordered obligations.
10             (5) Each participant shall complete community
11         service in addition to employment.
12             (6) Participants shall take part in such
13         counseling, educational and other programs as the
14         Department may deem appropriate.
15             (7) Participants shall submit to drug and alcohol
16         screening.
17             (8) The Department shall promulgate rules
18         governing the administration of the program.
19         (r) To enter into intergovernmental cooperation
20     agreements under which persons in the custody of the
21     Department may participate in a county impact
22     incarceration program established under Section 3-6038 or
23     3-15003.5 of the Counties Code.
24         (r-5) (Blank).
25         (r-10) To systematically and routinely identify with
26     respect to each streetgang active within the correctional

 

 

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1     system: (1) each active gang; (2) every existing inter-gang
2     affiliation or alliance; and (3) the current leaders in
3     each gang. The Department shall promptly segregate leaders
4     from inmates who belong to their gangs and allied gangs.
5     "Segregate" means no physical contact and, to the extent
6     possible under the conditions and space available at the
7     correctional facility, prohibition of visual and sound
8     communication. For the purposes of this paragraph (r-10),
9     "leaders" means persons who:
10             (i) are members of a criminal streetgang;
11             (ii) with respect to other individuals within the
12         streetgang, occupy a position of organizer,
13         supervisor, or other position of management or
14         leadership; and
15             (iii) are actively and personally engaged in
16         directing, ordering, authorizing, or requesting
17         commission of criminal acts by others, which are
18         punishable as a felony, in furtherance of streetgang
19         related activity both within and outside of the
20         Department of Corrections.
21     "Streetgang", "gang", and "streetgang related" have the
22     meanings ascribed to them in Section 10 of the Illinois
23     Streetgang Terrorism Omnibus Prevention Act.
24         (s) To operate a super-maximum security institution,
25     in order to manage and supervise inmates who are disruptive
26     or dangerous and provide for the safety and security of the

 

 

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1     staff and the other inmates.
2         (t) To monitor any unprivileged conversation or any
3     unprivileged communication, whether in person or by mail,
4     telephone, or other means, between an inmate who, before
5     commitment to the Department, was a member of an organized
6     gang and any other person without the need to show cause or
7     satisfy any other requirement of law before beginning the
8     monitoring, except as constitutionally required. The
9     monitoring may be by video, voice, or other method of
10     recording or by any other means. As used in this
11     subdivision (1)(t), "organized gang" has the meaning
12     ascribed to it in Section 10 of the Illinois Streetgang
13     Terrorism Omnibus Prevention Act.
14         As used in this subdivision (1)(t), "unprivileged
15     conversation" or "unprivileged communication" means a
16     conversation or communication that is not protected by any
17     privilege recognized by law or by decision, rule, or order
18     of the Illinois Supreme Court.
19         (u) To establish a Women's and Children's Pre-release
20     Community Supervision Program for the purpose of providing
21     housing and services to eligible female inmates, as
22     determined by the Department, and their newborn and young
23     children.
24         (v) To do all other acts necessary to carry out the
25     provisions of this Chapter.
26     (2) The Department of Corrections shall by January 1, 1998,

 

 

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1 consider building and operating a correctional facility within
2 100 miles of a county of over 2,000,000 inhabitants, especially
3 a facility designed to house juvenile participants in the
4 impact incarceration program.
5     (3) When the Department lets bids for contracts for medical
6 services to be provided to persons committed to Department
7 facilities by a health maintenance organization, medical
8 service corporation, or other health care provider, the bid may
9 only be let to a health care provider that has obtained an
10 irrevocable letter of credit or performance bond issued by a
11 company whose bonds are rated AAA by a bond rating
12 organization.
13     (4) When the Department lets bids for contracts for food or
14 commissary services to be provided to Department facilities,
15 the bid may only be let to a food or commissary services
16 provider that has obtained an irrevocable letter of credit or
17 performance bond issued by a company whose bonds are rated AAA
18 by a bond rating organization.
19     (5) The Illinois Department of Corrections (IDOC) shall
20 enter into a Memorandum of Understanding (MOU) with the U.S.
21 Immigration and Customs Enforcement (ICE), pursuant to Section
22 241 (a) of the Immigration and Nationality Act, codified at 8
23 U.S.C. Section 1231 (a), as amended by the Homeland Security
24 Act of 2002, Public Law No. 107-296 as codified at 6 U.S.C.
25 Sections 131-134 which authorizes the Secretary of the
26 Department of Homeland Security to enter into written

 

 

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1 agreements with a state or any political subdivision of a state
2 to remove an alien in the custody of that state. The purpose of
3 the MOU is to set forth terms by which ICE and IDOC will
4 cooperate in a Rapid Removal of Eligible Parolees Accepted for
5 Transfer ("Rapid REPAT") program, which allows for early
6 conditional release for deportation of removable custodial
7 aliens to their home countries.
8     (6) Notwithstanding any other rulemaking authority that
9 may exist, neither the Governor nor any agency or agency head
10 under the jurisdiction of the Governor has any authority to
11 make or promulgate rules to implement or enforce the provisions
12 of this amendatory Act of the 95th General Assembly. If,
13 however, the Governor believes that rules are necessary to
14 implement or enforce the provisions of this amendatory Act of
15 the 95th General Assembly, the Governor may suggest rules to
16 the General Assembly by filing them with the Clerk of the House
17 and the Secretary of the Senate and by requesting that the
18 General Assembly authorize such rulemaking by law, enact those
19 suggested rules into law, or take any other appropriate action
20 in the General Assembly's discretion. Nothing contained in this
21 amendatory Act of the 95th General Assembly shall be
22 interpreted to grant rulemaking authority under any other
23 Illinois statute where such authority is not otherwise
24 explicitly given. For the purposes of this Section, "rules" is
25 given the meaning contained in Section 1-70 of the Illinois
26 Administrative Procedure Act, and "agency" and "agency head"

 

 

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1 are given the meanings contained in Sections 1-20 and 1-25 of
2 the Illinois Administrative Procedure Act to the extent that
3 such definitions apply to agencies or agency heads under the
4 jurisdiction of the Governor.
5 (Source: P.A. 93-839, eff. 7-30-04; 94-696, eff. 6-1-06;
6 94-1067, eff. 8-1-06.)
 
7     (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
8     Sec. 3-3-2. Powers and Duties.
9     (a) The Parole and Pardon Board is abolished and the term
10 "Parole and Pardon Board" as used in any law of Illinois, shall
11 read "Prisoner Review Board." After the effective date of this
12 amendatory Act of 1977, the Prisoner Review Board shall provide
13 by rule for the orderly transition of all files, records, and
14 documents of the Parole and Pardon Board and for such other
15 steps as may be necessary to effect an orderly transition and
16 shall:
17         (1) hear by at least one member and through a panel of
18     at least 3 members decide, cases of prisoners who were
19     sentenced under the law in effect prior to the effective
20     date of this amendatory Act of 1977, and who are eligible
21     for parole;
22         (2) hear by at least one member and through a panel of
23     at least 3 members decide, the conditions of parole and the
24     time of discharge from parole, impose sanctions for
25     violations of parole, and revoke parole for those sentenced

 

 

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1     under the law in effect prior to this amendatory Act of
2     1977; provided that the decision to parole and the
3     conditions of parole for all prisoners who were sentenced
4     for first degree murder or who received a minimum sentence
5     of 20 years or more under the law in effect prior to
6     February 1, 1978 shall be determined by a majority vote of
7     the Prisoner Review Board;
8         (3) hear by at least one member and through a panel of
9     at least 3 members decide, the conditions of mandatory
10     supervised release and the time of discharge from mandatory
11     supervised release, impose sanctions for violations of
12     mandatory supervised release, and revoke mandatory
13     supervised release for those sentenced under the law in
14     effect after the effective date of this amendatory Act of
15     1977;
16         (3.5) hear by at least one member and through a panel
17     of at least 3 members decide, the conditions of mandatory
18     supervised release and the time of discharge from mandatory
19     supervised release, to impose sanctions for violations of
20     mandatory supervised release and revoke mandatory
21     supervised release for those serving extended supervised
22     release terms pursuant to paragraph (4) of subsection (d)
23     of Section 5-8-1;
24         (4) hear by at least 1 member and through a panel of at
25     least 3 members, decide cases brought by the Department of
26     Corrections against a prisoner in the custody of the

 

 

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1     Department for alleged violation of Department rules with
2     respect to good conduct credits pursuant to Section 3-6-3
3     of this Code in which the Department seeks to revoke good
4     conduct credits, if the amount of time at issue exceeds 30
5     days or when, during any 12 month period, the cumulative
6     amount of credit revoked exceeds 30 days except where the
7     infraction is committed or discovered within 60 days of
8     scheduled release. In such cases, the Department of
9     Corrections may revoke up to 30 days of good conduct
10     credit. The Board may subsequently approve the revocation
11     of additional good conduct credit, if the Department seeks
12     to revoke good conduct credit in excess of thirty days.
13     However, the Board shall not be empowered to review the
14     Department's decision with respect to the loss of 30 days
15     of good conduct credit for any prisoner or to increase any
16     penalty beyond the length requested by the Department;
17         (5) hear by at least one member and through a panel of
18     at least 3 members decide, the release dates for certain
19     prisoners sentenced under the law in existence prior to the
20     effective date of this amendatory Act of 1977, in
21     accordance with Section 3-3-2.1 of this Code;
22         (6) hear by at least one member and through a panel of
23     at least 3 members decide, all requests for pardon,
24     reprieve or commutation, and make confidential
25     recommendations to the Governor;
26         (7) comply with the requirements of the Open Parole

 

 

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1     Hearings Act;
2         (8) hear by at least one member and, through a panel of
3     at least 3 members, decide cases brought by the Department
4     of Corrections against a prisoner in the custody of the
5     Department for court dismissal of a frivolous lawsuit
6     pursuant to Section 3-6-3(d) of this Code in which the
7     Department seeks to revoke up to 180 days of good conduct
8     credit, and if the prisoner has not accumulated 180 days of
9     good conduct credit at the time of the dismissal, then all
10     good conduct credit accumulated by the prisoner shall be
11     revoked; and
12         (9) hear by at least 3 members, and, through a panel of
13     at least 3 members, decide whether to grant certificates of
14     relief from disabilities or certificates of good conduct as
15     provided in Article 5.5 of Chapter V; and .
16         (10) hear by at least one member and, through a panel
17     of at least 3 members, decide all requests for release of
18     prisoners subject to detainers filed by the United States
19     Department of Homeland Security, Immigration and Customs
20     Enforcement, or its successor.
21     (a-5) The Prisoner Review Board, with the cooperation of
22 and in coordination with the Department of Corrections and the
23 Department of Central Management Services, shall implement a
24 pilot project in 3 correctional institutions providing for the
25 conduct of hearings under paragraphs (1) and (4) of subsection
26 (a) of this Section through interactive video conferences. The

 

 

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1 project shall be implemented within 6 months after the
2 effective date of this amendatory Act of 1996. Within 6 months
3 after the implementation of the pilot project, the Prisoner
4 Review Board, with the cooperation of and in coordination with
5 the Department of Corrections and the Department of Central
6 Management Services, shall report to the Governor and the
7 General Assembly regarding the use, costs, effectiveness, and
8 future viability of interactive video conferences for Prisoner
9 Review Board hearings.
10     (b) Upon recommendation of the Department the Board may
11 restore good conduct credit previously revoked.
12     (c) The Board shall cooperate with the Department in
13 promoting an effective system of parole and mandatory
14 supervised release.
15     (d) The Board shall promulgate rules for the conduct of its
16 work, and the Chairman shall file a copy of such rules and any
17 amendments thereto with the Director and with the Secretary of
18 State.
19     (e) The Board shall keep records of all of its official
20 actions and shall make them accessible in accordance with law
21 and the rules of the Board.
22     (f) The Board or one who has allegedly violated the
23 conditions of his parole or mandatory supervised release may
24 require by subpoena the attendance and testimony of witnesses
25 and the production of documentary evidence relating to any
26 matter under investigation or hearing. The Chairman of the

 

 

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1 Board may sign subpoenas which shall be served by any agent or
2 public official authorized by the Chairman of the Board, or by
3 any person lawfully authorized to serve a subpoena under the
4 laws of the State of Illinois. The attendance of witnesses, and
5 the production of documentary evidence, may be required from
6 any place in the State to a hearing location in the State
7 before the Chairman of the Board or his designated agent or
8 agents or any duly constituted Committee or Subcommittee of the
9 Board. Witnesses so summoned shall be paid the same fees and
10 mileage that are paid witnesses in the circuit courts of the
11 State, and witnesses whose depositions are taken and the
12 persons taking those depositions are each entitled to the same
13 fees as are paid for like services in actions in the circuit
14 courts of the State. Fees and mileage shall be vouchered for
15 payment when the witness is discharged from further attendance.
16     In case of disobedience to a subpoena, the Board may
17 petition any circuit court of the State for an order requiring
18 the attendance and testimony of witnesses or the production of
19 documentary evidence or both. A copy of such petition shall be
20 served by personal service or by registered or certified mail
21 upon the person who has failed to obey the subpoena, and such
22 person shall be advised in writing that a hearing upon the
23 petition will be requested in a court room to be designated in
24 such notice before the judge hearing motions or extraordinary
25 remedies at a specified time, on a specified date, not less
26 than 10 nor more than 15 days after the deposit of the copy of

 

 

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1 the written notice and petition in the U.S. mails addressed to
2 the person at his last known address or after the personal
3 service of the copy of the notice and petition upon such
4 person. The court upon the filing of such a petition, may order
5 the person refusing to obey the subpoena to appear at an
6 investigation or hearing, or to there produce documentary
7 evidence, if so ordered, or to give evidence relative to the
8 subject matter of that investigation or hearing. Any failure to
9 obey such order of the circuit court may be punished by that
10 court as a contempt of court.
11     Each member of the Board and any hearing officer designated
12 by the Board shall have the power to administer oaths and to
13 take the testimony of persons under oath.
14     (g) Except under subsection (a) of this Section, a majority
15 of the members then appointed to the Prisoner Review Board
16 shall constitute a quorum for the transaction of all business
17 of the Board.
18     (h) The Prisoner Review Board shall annually transmit to
19 the Director a detailed report of its work for the preceding
20 calendar year. The annual report shall also be transmitted to
21 the Governor for submission to the Legislature.
22     (i) Notwithstanding any other rulemaking authority that
23 may exist, neither the Governor nor any agency or agency head
24 under the jurisdiction of the Governor has any authority to
25 make or promulgate rules to implement or enforce the provisions
26 of this amendatory Act of the 95th General Assembly. If,

 

 

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1 however, the Governor believes that rules are necessary to
2 implement or enforce the provisions of this amendatory Act of
3 the 95th General Assembly, the Governor may suggest rules to
4 the General Assembly by filing them with the Clerk of the House
5 and the Secretary of the Senate and by requesting that the
6 General Assembly authorize such rulemaking by law, enact those
7 suggested rules into law, or take any other appropriate action
8 in the General Assembly's discretion. Nothing contained in this
9 amendatory Act of the 95th General Assembly shall be
10 interpreted to grant rulemaking authority under any other
11 Illinois statute where such authority is not otherwise
12 explicitly given. For the purposes of this Section, "rules" is
13 given the meaning contained in Section 1-70 of the Illinois
14 Administrative Procedure Act, and "agency" and "agency head"
15 are given the meanings contained in Sections 1-20 and 1-25 of
16 the Illinois Administrative Procedure Act to the extent that
17 such definitions apply to agencies or agency heads under the
18 jurisdiction of the Governor.
19 (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
 
20     (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
21     Sec. 3-3-3. Eligibility for Parole or Release.
22     (a) Except for those offenders who accept the fixed release
23 date established by the Prisoner Review Board under Section
24 3-3-2.1, every person serving a term of imprisonment under the
25 law in effect prior to the effective date of this amendatory

 

 

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1 Act of 1977 shall be eligible for parole when he has served:
2         (1) the minimum term of an indeterminate sentence less
3     time credit for good behavior, or 20 years less time credit
4     for good behavior, whichever is less; or
5         (2) 20 years of a life sentence less time credit for
6     good behavior; or
7         (3) 20 years or one-third of a determinate sentence,
8     whichever is less, less time credit for good behavior.
9     (b) No person sentenced under this amendatory Act of 1977
10 or who accepts a release date under Section 3-3-2.1 shall be
11 eligible for parole.
12     (c) Except for those sentenced to a term of natural life
13 imprisonment, every person sentenced to imprisonment under
14 this amendatory Act of 1977 or given a release date under
15 Section 3-3-2.1 of this Act shall serve the full term of a
16 determinate sentence less time credit for good behavior and
17 shall then be released under the mandatory supervised release
18 provisions of paragraph (d) of Section 5-8-1 of this Code.
19     (d) No person serving a term of natural life imprisonment
20 may be paroled or released except through executive clemency.
21     (e) Every person committed to the Department of Juvenile
22 Justice under Section 5-10 of the Juvenile Court Act or Section
23 5-750 of the Juvenile Court Act of 1987 or Section 5-8-6 of
24 this Code and confined in the State correctional institutions
25 or facilities if such juvenile has not been tried as an adult
26 shall be eligible for parole without regard to the length of

 

 

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1 time the person has been confined or whether the person has
2 served any minimum term imposed. However, if a juvenile has
3 been tried as an adult he shall only be eligible for parole or
4 mandatory supervised release as an adult under this Section.
5     (f) Notwithstanding any other provision of law, any
6 offender who meets the following criteria may be released by
7 the Prisoner Review Board to the custody of the United States
8 Department of Homeland Security, Immigration and Customs
9 Enforcement:
10         (1) a final order of deportation has been issued
11     against the offender;
12         (2) the offender has less than one year remaining on
13     his or her sentence of incarceration with the Department of
14     Corrections; and
15         (3) the offender is not serving a sentence for a
16     forcible felony, as defined in the Criminal Code of 1961;
17     for any offense "directed against the person", as
18     identified in Part B of Title III of the Criminal Code; for
19     any offense "affecting governmental functions", as
20     identified in Part E of Title III of the Criminal Code of
21     1961; for any "aggravated" offense, as identified in Part F
22     of Title III of the Criminal Code of 1961; or for an
23     offense falling into a Class of felony other than Class 3
24     or 4, as set out in the Criminal Code of 1961 and the
25     Unified Code of Corrections.
26     The Board may condition the early release of an offender

 

 

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1 under this paragraph on receipt of assurance from Immigration
2 and Customs Enforcement that the order of deportation will be
3 executed promptly and that an offender released hereunder will
4 not be released from the custody of Immigration and Customs
5 Enforcement, unless such release is a result of deportation,
6 without notice to the Board and an opportunity for issuance of
7 a parole violation warrant for the retaking of the offender.
8     If an offender released under this subsection returns
9 illegally to the United States, on notification from any
10 federal, state, or local law enforcement authority that the
11 offender is in custody, the Board shall revoke his parole or
12 mandatory supervised release. Thereafter, the offender shall
13 not be eligible for release without first having served the
14 full remainder of his term of incarceration. In such event,
15 though, the time spent in the custody of Immigration and
16 Customs Enforcement shall be credited against the remainder of
17 the term of incarceration.
18     (g) Notwithstanding any other rulemaking authority that
19 may exist, neither the Governor nor any agency or agency head
20 under the jurisdiction of the Governor has any authority to
21 make or promulgate rules to implement or enforce the provisions
22 of this amendatory Act of the 95th General Assembly. If,
23 however, the Governor believes that rules are necessary to
24 implement or enforce the provisions of this amendatory Act of
25 the 95th General Assembly, the Governor may suggest rules to
26 the General Assembly by filing them with the Clerk of the House

 

 

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1 and the Secretary of the Senate and by requesting that the
2 General Assembly authorize such rulemaking by law, enact those
3 suggested rules into law, or take any other appropriate action
4 in the General Assembly's discretion. Nothing contained in this
5 amendatory Act of the 95th General Assembly shall be
6 interpreted to grant rulemaking authority under any other
7 Illinois statute where such authority is not otherwise
8 explicitly given. For the purposes of this Section, "rules" is
9 given the meaning contained in Section 1-70 of the Illinois
10 Administrative Procedure Act, and "agency" and "agency head"
11 are given the meanings contained in Sections 1-20 and 1-25 of
12 the Illinois Administrative Procedure Act to the extent that
13 such definitions apply to agencies or agency heads under the
14 jurisdiction of the Governor.
15 (Source: P.A. 94-696, eff. 6-1-06.)
 
16     (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
17     Sec. 3-3-8. Length of parole and mandatory supervised
18 release; discharge.)
19     (a) The length of parole for a person sentenced under the
20 law in effect prior to the effective date of this amendatory
21 Act of 1977 and the length of mandatory supervised release for
22 those sentenced under the law in effect on and after such
23 effective date shall be as set out in Section 5-8-1 unless
24 sooner terminated under paragraph (b) of this Section. The
25 parole period of a juvenile committed to the Department under

 

 

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1 the Juvenile Court Act or the Juvenile Court Act of 1987 shall
2 extend until he is 21 years of age unless sooner terminated
3 under paragraph (b) of this Section.
4     (b) The Prisoner Review Board may enter an order releasing
5 and discharging one from parole or mandatory supervised
6 release, and his commitment to the Department, when it
7 determines that he is likely to remain at liberty without
8 committing another offense.
9     (b-1) The Prisoner Review Board may enter an order
10 releasing and discharging an offender from parole or mandatory
11 supervised release in accordance with the provisions for early
12 release set out in subsection (f) of Section 3-3-3.
13     (c) The order of discharge shall become effective upon
14 entry of the order of the Board. The Board shall notify the
15 clerk of the committing court of the order. Upon receipt of
16 such copy, the clerk shall make an entry on the record judgment
17 that the sentence or commitment has been satisfied pursuant to
18 the order.
19     (d) Rights of the person discharged under this Section
20 shall be restored under Section 5-5-5. This Section is subject
21 to Section 5-750 of the Juvenile Court Act of 1987.
22     (e) Notwithstanding any other rulemaking authority that
23 may exist, neither the Governor nor any agency or agency head
24 under the jurisdiction of the Governor has any authority to
25 make or promulgate rules to implement or enforce the provisions
26 of this amendatory Act of the 95th General Assembly. If,

 

 

09500HB5756ham004 - 28 - LRB095 14924 RLC 51226 a

1 however, the Governor believes that rules are necessary to
2 implement or enforce the provisions of this amendatory Act of
3 the 95th General Assembly, the Governor may suggest rules to
4 the General Assembly by filing them with the Clerk of the House
5 and the Secretary of the Senate and by requesting that the
6 General Assembly authorize such rulemaking by law, enact those
7 suggested rules into law, or take any other appropriate action
8 in the General Assembly's discretion. Nothing contained in this
9 amendatory Act of the 95th General Assembly shall be
10 interpreted to grant rulemaking authority under any other
11 Illinois statute where such authority is not otherwise
12 explicitly given. For the purposes of this Section, "rules" is
13 given the meaning contained in Section 1-70 of the Illinois
14 Administrative Procedure Act, and "agency" and "agency head"
15 are given the meanings contained in Sections 1-20 and 1-25 of
16 the Illinois Administrative Procedure Act to the extent that
17 such definitions apply to agencies or agency heads under the
18 jurisdiction of the Governor.
19 (Source: P.A. 90-590, eff. 1-1-99.)".