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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||||
5 | changing Sections 3-3-2 and 5-8-1 as follows:
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6 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
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7 | Sec. 3-3-2. Powers and Duties.
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8 | (a) The Parole and Pardon Board is abolished and the term | ||||||||||||||||||||||||||
9 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||||||||||||||||||||||
10 | read "Prisoner Review
Board." After the effective date of this | ||||||||||||||||||||||||||
11 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||||||||||||||||||||||
12 | by rule for the orderly transition of
all files, records, and | ||||||||||||||||||||||||||
13 | documents of the Parole and Pardon Board and for
such other | ||||||||||||||||||||||||||
14 | steps as may be necessary to effect an orderly transition and | ||||||||||||||||||||||||||
15 | shall:
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16 | (1) hear by at least one member and through a panel of | ||||||||||||||||||||||||||
17 | at least 3 members
decide, cases of prisoners
who were | ||||||||||||||||||||||||||
18 | sentenced under the law in effect prior to the effective
| ||||||||||||||||||||||||||
19 | date of this amendatory Act of 1977, and who are eligible | ||||||||||||||||||||||||||
20 | for parole;
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21 | (2) hear by at least one member and through a panel of | ||||||||||||||||||||||||||
22 | at least 3 members decide, the conditions of
parole and the | ||||||||||||||||||||||||||
23 | time of discharge from parole, impose sanctions for
|
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| |||||||
1 | violations of parole, and revoke
parole for those sentenced | ||||||
2 | under the law in effect prior to this amendatory
Act of | ||||||
3 | 1977; provided that the decision to parole and the | ||||||
4 | conditions of
parole for all prisoners who were sentenced | ||||||
5 | for first degree murder or who
received a minimum sentence | ||||||
6 | of 20 years or more under the law in effect
prior to | ||||||
7 | February 1, 1978 shall be determined by a majority vote of | ||||||
8 | the
Prisoner Review Board. One representative supporting | ||||||
9 | parole and one representative opposing parole will be | ||||||
10 | allowed to speak. Their comments shall be limited to making | ||||||
11 | corrections and filling in omissions to the Board's | ||||||
12 | presentation and discussion;
| ||||||
13 | (3) hear by at least one member and through a panel of | ||||||
14 | at least 3 members decide, the conditions
of mandatory | ||||||
15 | supervised release and the time of discharge from mandatory
| ||||||
16 | supervised release, impose sanctions for violations of | ||||||
17 | mandatory
supervised release, and revoke mandatory | ||||||
18 | supervised release for those
sentenced under the law in | ||||||
19 | effect after the effective date of this
amendatory Act of | ||||||
20 | 1977;
| ||||||
21 | (3.5) hear by at least one member and through a panel | ||||||
22 | of at least 3 members decide, the conditions of mandatory | ||||||
23 | supervised release and the time of discharge from mandatory | ||||||
24 | supervised release, to impose sanctions for violations of | ||||||
25 | mandatory supervised release and revoke mandatory | ||||||
26 | supervised release for those serving extended supervised |
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| |||||||
1 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
2 | of Section 5-8-1;
| ||||||
3 | (3.6) hear by at least one member and through a panel | ||||||
4 | of at least 3 members decide, the time of aftercare | ||||||
5 | release, the conditions of aftercare release and the time | ||||||
6 | of discharge from aftercare release, impose sanctions for | ||||||
7 | violations of aftercare release, and revoke aftercare | ||||||
8 | release for those adjudicated delinquent under the | ||||||
9 | Juvenile Court Act of 1987;
| ||||||
10 | (4) hear by at least one member and through a panel of | ||||||
11 | at least 3
members,
decide cases brought by the Department | ||||||
12 | of Corrections against a prisoner in
the custody of the | ||||||
13 | Department for alleged violation of Department rules
with | ||||||
14 | respect to sentence credits under Section 3-6-3 of this | ||||||
15 | Code
in which the Department seeks to revoke sentence | ||||||
16 | credits, if the amount
of time at issue exceeds 30 days or | ||||||
17 | when, during any 12 month period, the
cumulative amount of | ||||||
18 | credit revoked exceeds 30 days except where the
infraction | ||||||
19 | is committed or discovered within 60 days of scheduled | ||||||
20 | release.
In such cases, the Department of Corrections may | ||||||
21 | revoke up to 30 days of
sentence credit. The Board may | ||||||
22 | subsequently approve the revocation of
additional sentence | ||||||
23 | credit, if the Department seeks to revoke sentence credit | ||||||
24 | in excess of thirty days. However, the Board shall not be
| ||||||
25 | empowered to review the Department's decision with respect | ||||||
26 | to the loss of
30 days of sentence credit for any prisoner |
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| |||||||
1 | or to increase any penalty
beyond the length requested by | ||||||
2 | the Department;
| ||||||
3 | (5) hear by at least one member and through a panel of | ||||||
4 | at least 3
members decide, the
release dates for certain | ||||||
5 | prisoners sentenced under the law in existence
prior to the | ||||||
6 | effective date of this amendatory Act of 1977, in
| ||||||
7 | accordance with Section 3-3-2.1 of this Code;
| ||||||
8 | (6) hear by at least one member and through a panel of | ||||||
9 | at least 3 members
decide, all requests for pardon, | ||||||
10 | reprieve or commutation, and make confidential
| ||||||
11 | recommendations to the Governor;
| ||||||
12 | (7) comply with the requirements of the Open Parole | ||||||
13 | Hearings Act;
| ||||||
14 | (8) hear by at least one member and, through a panel of | ||||||
15 | at least 3
members, decide cases brought by the Department | ||||||
16 | of Corrections against a
prisoner in the custody of the | ||||||
17 | Department for court dismissal of a frivolous
lawsuit | ||||||
18 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
19 | Department seeks
to revoke up to 180 days of sentence | ||||||
20 | credit, and if the prisoner has not
accumulated 180 days of | ||||||
21 | sentence credit at the time of the dismissal, then
all | ||||||
22 | sentence credit accumulated by the prisoner shall be | ||||||
23 | revoked;
| ||||||
24 | (9) hear by at least 3 members, and, through a panel of | ||||||
25 | at least 3
members, decide whether to grant certificates of | ||||||
26 | relief from
disabilities or certificates of good conduct as |
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| |||||||
1 | provided in Article 5.5 of
Chapter V; | ||||||
2 | (10) upon a petition by a person who has been convicted | ||||||
3 | of a Class 3 or Class 4 felony and who meets the | ||||||
4 | requirements of this paragraph, hear by at least 3 members | ||||||
5 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
6 | a certificate of eligibility for sealing recommending that | ||||||
7 | the court order the sealing of all official
records of the | ||||||
8 | arresting authority, the circuit court clerk, and the | ||||||
9 | Department of State Police concerning the arrest and | ||||||
10 | conviction for the Class 3 or 4 felony. A person may not | ||||||
11 | apply to the Board for a certificate of eligibility for | ||||||
12 | sealing: | ||||||
13 | (A) until 5 years have elapsed since the expiration | ||||||
14 | of his or her sentence; | ||||||
15 | (B) until 5 years have elapsed since any arrests or | ||||||
16 | detentions by a law enforcement officer for an alleged | ||||||
17 | violation of law, other than a petty offense, traffic | ||||||
18 | offense, conservation offense, or local ordinance | ||||||
19 | offense; | ||||||
20 | (C) if convicted of a violation of the Cannabis | ||||||
21 | Control Act, Illinois Controlled Substances Act, the | ||||||
22 | Methamphetamine Control and Community Protection Act, | ||||||
23 | the Methamphetamine Precursor Control Act, or the | ||||||
24 | Methamphetamine Precursor Tracking Act unless the | ||||||
25 | petitioner has completed a drug abuse program for the | ||||||
26 | offense on which sealing is sought and provides proof |
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1 | that he or she has completed the program successfully; | ||||||
2 | (D) if convicted of: | ||||||
3 | (i) a sex offense described in Article 11 or | ||||||
4 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
5 | the Criminal Code of 1961 or the Criminal Code of | ||||||
6 | 2012; | ||||||
7 | (ii) aggravated assault; | ||||||
8 | (iii) aggravated battery; | ||||||
9 | (iv) domestic battery; | ||||||
10 | (v) aggravated domestic battery; | ||||||
11 | (vi) violation of an order of protection; | ||||||
12 | (vii) an offense under the Criminal Code of | ||||||
13 | 1961 or the Criminal Code of 2012 involving a | ||||||
14 | firearm; | ||||||
15 | (viii) driving while under the influence of | ||||||
16 | alcohol, other drug or drugs, intoxicating | ||||||
17 | compound or compounds or any combination thereof; | ||||||
18 | (ix) aggravated driving while under the | ||||||
19 | influence of alcohol, other drug or drugs, | ||||||
20 | intoxicating compound or compounds or any | ||||||
21 | combination thereof; or | ||||||
22 | (x) any crime defined as a crime of violence | ||||||
23 | under Section 2 of the Crime Victims Compensation | ||||||
24 | Act. | ||||||
25 | If a person has applied to the Board for a certificate | ||||||
26 | of eligibility for sealing and the Board denies the |
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| |||||||
1 | certificate, the person must wait at least 4 years before | ||||||
2 | filing again or filing for pardon from the Governor unless | ||||||
3 | the Chairman of the Prisoner Review Board grants a waiver. | ||||||
4 | The decision to issue or refrain from issuing a | ||||||
5 | certificate of eligibility for sealing shall be at the | ||||||
6 | Board's sole discretion, and shall not give rise to any | ||||||
7 | cause of action against either the Board or its members. | ||||||
8 | The Board may only authorize the sealing of Class 3 and | ||||||
9 | 4 felony convictions of the petitioner from one information | ||||||
10 | or indictment under this paragraph (10). A petitioner may | ||||||
11 | only receive one certificate of eligibility for sealing | ||||||
12 | under this provision for life; and
| ||||||
13 | (11) upon a petition by a person who after having been | ||||||
14 | convicted of a Class 3 or Class 4 felony thereafter served | ||||||
15 | in the United States Armed Forces or National Guard of this | ||||||
16 | or any other state and had received an honorable discharge | ||||||
17 | from the United States Armed Forces or National Guard or | ||||||
18 | who at the time of filing the petition is enlisted in the | ||||||
19 | United States Armed Forces or National Guard of this or any | ||||||
20 | other state and served one tour of duty and who meets the | ||||||
21 | requirements of this paragraph, hear by at least 3 members | ||||||
22 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
23 | a certificate of eligibility for expungement recommending | ||||||
24 | that the court order the expungement of all official
| ||||||
25 | records of the arresting authority, the circuit court | ||||||
26 | clerk, and the Department of State Police concerning the |
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| |||||||
1 | arrest and conviction for the Class 3 or 4 felony. A person | ||||||
2 | may not apply to the Board for a certificate of eligibility | ||||||
3 | for expungement: | ||||||
4 | (A) if convicted of: | ||||||
5 | (i) a sex offense described in Article 11 or | ||||||
6 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
7 | the Criminal Code of 1961 or Criminal Code of 2012; | ||||||
8 | (ii) an offense under the Criminal Code of 1961 | ||||||
9 | or Criminal Code of 2012 involving a firearm; or | ||||||
10 | (iii) a crime of violence as defined in Section | ||||||
11 | 2 of the Crime Victims Compensation Act; or | ||||||
12 | (B) if the person has not served in the United | ||||||
13 | States Armed Forces or National Guard of this or any | ||||||
14 | other state or has not received an honorable discharge | ||||||
15 | from the United States Armed Forces or National Guard | ||||||
16 | of this or any other state or who at the time of the | ||||||
17 | filing of the petition is serving in the United States | ||||||
18 | Armed Forces or National Guard of this or any other | ||||||
19 | state and has not completed one tour of duty. | ||||||
20 | If a person has applied to the Board for a certificate | ||||||
21 | of eligibility for expungement and the Board denies the | ||||||
22 | certificate, the person must wait at least 4 years before | ||||||
23 | filing again or filing for a pardon with authorization for | ||||||
24 | expungement from the Governor unless the Governor or | ||||||
25 | Chairman of the Prisoner Review Board grants a waiver ; and | ||||||
26 | . |
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1 | (12)(A) upon a petition by a committed person who is at | ||||||
2 | least 50 years of age and who has served at least 15 | ||||||
3 | consecutive years of imprisonment in a Department of | ||||||
4 | Corrections institution or facility, hear by at least 3 | ||||||
5 | members and, with the approval of a majority of the Board | ||||||
6 | voting on the petition, decide a committed person's | ||||||
7 | eligibility for participation in the Elderly Rehabilitated | ||||||
8 | Prisoner Supervised Release Program (hereinafter referred | ||||||
9 | to as the Program) as provided in this paragraph (12). If | ||||||
10 | the committed person files the petition, the victims and | ||||||
11 | the families of the victims of the petitioner's offenses | ||||||
12 | shall be notified in a timely manner after the petition is | ||||||
13 | filed. | ||||||
14 | (B) The petition shall contain a statement by the | ||||||
15 | petitioner explaining why he or she is entitled to | ||||||
16 | participate in the Program as well as the petitioner's | ||||||
17 | plans for reentry, including information about where the | ||||||
18 | petitioner will live, how the petitioner will be supported | ||||||
19 | financially, and any plans for the petitioner's ongoing | ||||||
20 | medical care if that care is necessary. The petition may | ||||||
21 | also contain supporting statements or documentation | ||||||
22 | related to the factors described in clauses (i) through | ||||||
23 | (vii) of subparagraph (C) of this paragraph (12). | ||||||
24 | (C) The Board shall make use of a tool which assesses | ||||||
25 | the petitioner's risks, assets, and needs to determine | ||||||
26 | whether he or she may be released and if so, under what |
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1 | conditions. In assessing the petition, the Board shall | ||||||
2 | consider information in the petition and information from | ||||||
3 | the Department of Corrections and on its own resources. | ||||||
4 | Among other factors, the Board shall consider the | ||||||
5 | following: | ||||||
6 | (i) the petitioner's successful participation in | ||||||
7 | programs designed to restore him or her to a useful and | ||||||
8 | productive life upon release (including educational | ||||||
9 | programs and programs designed to deal with substance | ||||||
10 | abuse or other issues) or, if those programs are not | ||||||
11 | available, information demonstrating that the | ||||||
12 | petitioner has engaged in self-education programs, | ||||||
13 | correspondence courses, or other self-improvement | ||||||
14 | efforts; | ||||||
15 | (ii) the genuine reform and changed behavior the | ||||||
16 | petitioner has demonstrated over a period of years; | ||||||
17 | (iii) the petitioner's remorse for the | ||||||
18 | consequences of his or her criminal conduct; | ||||||
19 | (iv) the petitioner's ability to socialize with | ||||||
20 | others in an acceptable manner; | ||||||
21 | (v) the petitioner's renunciation of criminal | ||||||
22 | activity and gang affiliation if the petitioner was a | ||||||
23 | member of a gang; | ||||||
24 | (vi) an appropriate plan for living arrangements, | ||||||
25 | financial support, and any medical care that will be | ||||||
26 | needed when the petitioner returns to society; and |
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1 | (vii) input from the victims of the petitioner's | ||||||
2 | offense and from their families. | ||||||
3 | (D) The Board shall consider the petition in its | ||||||
4 | entirety and shall not order the release of the petitioner | ||||||
5 | if it finds that the petitioner's release would pose an | ||||||
6 | unacceptable risk of danger to public safety. If the Board | ||||||
7 | determines that the petitioner should participate in the | ||||||
8 | Program, the Board shall set a date for his or her release | ||||||
9 | that is before the expiration of his or her current | ||||||
10 | sentence. The Board also shall set conditions for the | ||||||
11 | petitioner's release in accordance with the person's | ||||||
12 | risks, assets, and needs which are identified through an | ||||||
13 | assessment tool, as required by paragraph (2) of subsection | ||||||
14 | (b) of Section 10 of the Illinois Crime Reduction Act of | ||||||
15 | 2009. | ||||||
16 | (E) The Board shall render its decision about each | ||||||
17 | petition within a reasonable time after it has been filed. | ||||||
18 | (F) A petition for participation in the Program under | ||||||
19 | the provisions of this paragraph (12) may be submitted | ||||||
20 | every 3 years, provided, however, that if the Board denies | ||||||
21 | a petition, it may order that the petitioner may not file a | ||||||
22 | new petition for up to 5 years from the date of denial, if | ||||||
23 | the Board finds that it is not reasonable to expect that it | ||||||
24 | would grant a petition filed earlier. | ||||||
25 | (G) The end date of the period of mandatory supervised | ||||||
26 | release shall remain the same as it would have been had the |
| |||||||
| |||||||
1 | petitioner not been given early supervised release, and the | ||||||
2 | petitioner shall remain under the control of the Department | ||||||
3 | until that date, except that the Board may enter an order | ||||||
4 | releasing and discharging the petitioner from mandatory | ||||||
5 | supervised release if it determines that he or she is | ||||||
6 | likely to remain at liberty without committing another | ||||||
7 | offense. | ||||||
8 | (H) Beginning on the effective date of this amendatory | ||||||
9 | Act of the 99th General Assembly, notwithstanding any other | ||||||
10 | law to the contrary, all persons serving sentences in the | ||||||
11 | Department who meet the requirements of subparagraph (A) of | ||||||
12 | this paragraph (12) are eligible to petition to participate | ||||||
13 | in the Program. The Board shall establish a system to allow | ||||||
14 | for the orderly disposition of the applications of those | ||||||
15 | presently incarcerated as they become eligible. | ||||||
16 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
17 | and in
coordination with the Department of Corrections and the | ||||||
18 | Department of Central
Management Services, shall implement a | ||||||
19 | pilot project in 3 correctional
institutions providing for the | ||||||
20 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
21 | (a) of this Section through interactive video conferences.
The
| ||||||
22 | project shall be implemented within 6 months after the | ||||||
23 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
24 | after the implementation of the pilot
project, the Prisoner | ||||||
25 | Review Board, with the cooperation of and in coordination
with | ||||||
26 | the Department of Corrections and the Department of Central |
| |||||||
| |||||||
1 | Management
Services, shall report to the Governor and the | ||||||
2 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
3 | future viability of interactive video
conferences for Prisoner | ||||||
4 | Review Board hearings.
| ||||||
5 | (b) Upon recommendation of the Department the Board may | ||||||
6 | restore sentence credit previously revoked.
| ||||||
7 | (c) The Board shall cooperate with the Department in | ||||||
8 | promoting an
effective system of parole, aftercare release, and | ||||||
9 | mandatory supervised release.
| ||||||
10 | (d) The Board shall promulgate rules for the conduct of its | ||||||
11 | work,
and the Chairman shall file a copy of such rules and any | ||||||
12 | amendments
thereto with the Director and with the Secretary of | ||||||
13 | State.
| ||||||
14 | (e) The Board shall keep records of all of its official | ||||||
15 | actions and
shall make them accessible in accordance with law | ||||||
16 | and the rules of the
Board.
| ||||||
17 | (f) The Board or one who has allegedly violated the | ||||||
18 | conditions of
his or her parole, aftercare release, or | ||||||
19 | mandatory supervised release may require by subpoena the
| ||||||
20 | attendance and testimony of witnesses and the production of | ||||||
21 | documentary
evidence relating to any matter under | ||||||
22 | investigation or hearing. The
Chairman of the Board may sign | ||||||
23 | subpoenas which shall be served by any
agent or public official | ||||||
24 | authorized by the Chairman of the Board, or by
any person | ||||||
25 | lawfully authorized to serve a subpoena under the laws of the
| ||||||
26 | State of Illinois. The attendance of witnesses, and the |
| |||||||
| |||||||
1 | production of
documentary evidence, may be required from any | ||||||
2 | place in the State to a
hearing location in the State before | ||||||
3 | the Chairman of the Board or his or her
designated agent or | ||||||
4 | agents or any duly constituted Committee or
Subcommittee of the | ||||||
5 | Board. Witnesses so summoned shall be paid the same
fees and | ||||||
6 | mileage that are paid witnesses in the circuit courts of the
| ||||||
7 | State, and witnesses whose depositions are taken and the | ||||||
8 | persons taking
those depositions are each entitled to the same | ||||||
9 | fees as are paid for
like services in actions in the circuit | ||||||
10 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
11 | payment when the witness is discharged
from further attendance.
| ||||||
12 | In case of disobedience to a subpoena, the Board may | ||||||
13 | petition any
circuit court of the State for an order requiring | ||||||
14 | the attendance and
testimony of witnesses or the production of | ||||||
15 | documentary evidence or
both. A copy of such petition shall be | ||||||
16 | served by personal service or by
registered or certified mail | ||||||
17 | upon the person who has failed to obey the
subpoena, and such | ||||||
18 | person shall be advised in writing that a hearing
upon the | ||||||
19 | petition will be requested in a court room to be designated in
| ||||||
20 | such notice before the judge hearing motions or extraordinary | ||||||
21 | remedies
at a specified time, on a specified date, not less | ||||||
22 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
23 | the written notice and petition
in the U.S. mails addressed to | ||||||
24 | the person at his last known address or
after the personal | ||||||
25 | service of the copy of the notice and petition upon
such | ||||||
26 | person. The court upon the filing of such a petition, may order |
| |||||||
| |||||||
1 | the
person refusing to obey the subpoena to appear at an | ||||||
2 | investigation or
hearing, or to there produce documentary | ||||||
3 | evidence, if so ordered, or to
give evidence relative to the | ||||||
4 | subject matter of that investigation or
hearing. Any failure to | ||||||
5 | obey such order of the circuit court may be
punished by that | ||||||
6 | court as a contempt of court.
| ||||||
7 | Each member of the Board and any hearing officer designated | ||||||
8 | by the
Board shall have the power to administer oaths and to | ||||||
9 | take the testimony
of persons under oath.
| ||||||
10 | (g) Except under subsection (a) of this Section, a majority | ||||||
11 | of the
members then appointed to the Prisoner Review Board | ||||||
12 | shall constitute a
quorum for the transaction of all business | ||||||
13 | of the Board.
| ||||||
14 | (h) The Prisoner Review Board shall annually transmit to | ||||||
15 | the
Director a detailed report of its work for the preceding | ||||||
16 | calendar year.
The annual report shall also be transmitted to | ||||||
17 | the Governor for
submission to the Legislature.
| ||||||
18 | (Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13; | ||||||
19 | 97-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff. | ||||||
20 | 1-1-14; 98-756, eff. 7-16-14.)
| ||||||
21 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
22 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
23 | use of a firearm; mandatory supervised release terms.
| ||||||
24 | (a) Except as otherwise provided in the statute defining | ||||||
25 | the offense , in paragraph (12) of subsection (a) of Section |
| |||||||
| |||||||
1 | 3-3-2 of this Code, or in Article 4.5 of Chapter V, a
sentence | ||||||
2 | of imprisonment for a felony shall be a determinate sentence | ||||||
3 | set by
the court under this Section, according to the following | ||||||
4 | limitations:
| ||||||
5 | (1) for first degree murder,
| ||||||
6 | (a) (blank),
| ||||||
7 | (b) if a trier of fact finds beyond a reasonable
| ||||||
8 | doubt that the murder was accompanied by exceptionally
| ||||||
9 | brutal or heinous behavior indicative of wanton | ||||||
10 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
11 | of this Section, that any of the aggravating factors
| ||||||
12 | listed in subsection (b) or (b-5) of Section 9-1 of the | ||||||
13 | Criminal Code of 1961 or the Criminal Code of 2012 are
| ||||||
14 | present, the court may sentence the defendant, subject | ||||||
15 | to Section 5-4.5-105, to a term of natural life
| ||||||
16 | imprisonment, or
| ||||||
17 | (c) the court shall sentence the defendant to a | ||||||
18 | term of natural life
imprisonment if the defendant, at | ||||||
19 | the time of the commission of the murder, had attained | ||||||
20 | the age of 18, and
| ||||||
21 | (i) has previously been convicted of first | ||||||
22 | degree murder under
any state or federal law, or
| ||||||
23 | (ii) is found guilty of murdering more
than one | ||||||
24 | victim, or
| ||||||
25 | (iii) is found guilty of murdering a peace | ||||||
26 | officer, fireman, or emergency management worker |
| |||||||
| |||||||
1 | when
the peace officer, fireman, or emergency | ||||||
2 | management worker was killed in the course of | ||||||
3 | performing his
official duties, or to prevent the | ||||||
4 | peace officer or fireman from
performing his | ||||||
5 | official duties, or in retaliation for the peace | ||||||
6 | officer,
fireman, or emergency management worker | ||||||
7 | from performing his official duties, and the | ||||||
8 | defendant knew or should
have known that the | ||||||
9 | murdered individual was a peace officer, fireman, | ||||||
10 | or emergency management worker, or
| ||||||
11 | (iv) is found guilty of murdering an employee | ||||||
12 | of an institution or
facility of the Department of | ||||||
13 | Corrections, or any similar local
correctional | ||||||
14 | agency, when the employee was killed in the course | ||||||
15 | of
performing his official duties, or to prevent | ||||||
16 | the employee from performing
his official duties, | ||||||
17 | or in retaliation for the employee performing his
| ||||||
18 | official duties, or
| ||||||
19 | (v) is found guilty of murdering an emergency | ||||||
20 | medical
technician - ambulance, emergency medical | ||||||
21 | technician - intermediate, emergency
medical | ||||||
22 | technician - paramedic, ambulance driver or other | ||||||
23 | medical assistance or
first aid person while | ||||||
24 | employed by a municipality or other governmental | ||||||
25 | unit
when the person was killed in the course of | ||||||
26 | performing official duties or
to prevent the |
| |||||||
| |||||||
1 | person from performing official duties or in | ||||||
2 | retaliation
for performing official duties and the | ||||||
3 | defendant knew or should have known
that the | ||||||
4 | murdered individual was an emergency medical | ||||||
5 | technician - ambulance,
emergency medical | ||||||
6 | technician - intermediate, emergency medical
| ||||||
7 | technician - paramedic, ambulance driver, or other | ||||||
8 | medical
assistant or first aid personnel, or
| ||||||
9 | (vi) (blank), or
| ||||||
10 | (vii) is found guilty of first degree murder | ||||||
11 | and the murder was
committed by reason of any | ||||||
12 | person's activity as a community policing | ||||||
13 | volunteer
or to prevent any person from engaging in | ||||||
14 | activity as a community policing
volunteer. For | ||||||
15 | the purpose of this Section, "community policing | ||||||
16 | volunteer"
has the meaning ascribed to it in | ||||||
17 | Section 2-3.5 of the Criminal Code of 2012.
| ||||||
18 | For purposes of clause (v), "emergency medical | ||||||
19 | technician - ambulance",
"emergency medical technician - | ||||||
20 | intermediate", "emergency medical technician -
| ||||||
21 | paramedic", have the meanings ascribed to them in the | ||||||
22 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
23 | (d) (i) if the person committed the offense while | ||||||
24 | armed with a
firearm, 15 years shall be added to | ||||||
25 | the term of imprisonment imposed by the
court;
| ||||||
26 | (ii) if, during the commission of the offense, |
| |||||||
| |||||||
1 | the person
personally discharged a firearm, 20 | ||||||
2 | years shall be added to the term of
imprisonment | ||||||
3 | imposed by the court;
| ||||||
4 | (iii) if, during the commission of the | ||||||
5 | offense, the person
personally discharged a | ||||||
6 | firearm that proximately caused great bodily harm,
| ||||||
7 | permanent disability, permanent disfigurement, or | ||||||
8 | death to another person, 25
years or up to a term | ||||||
9 | of natural life shall be added to the term of
| ||||||
10 | imprisonment imposed by the court.
| ||||||
11 | (2) (blank);
| ||||||
12 | (2.5) for a person convicted under the circumstances | ||||||
13 | described in subdivision (b)(1)(B) of Section 11-1.20 or
| ||||||
14 | paragraph (3) of subsection (b) of Section 12-13, | ||||||
15 | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of | ||||||
16 | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | ||||||
17 | Section 11-1.40 or paragraph (1.2) of subsection (b) of
| ||||||
18 | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | ||||||
19 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012, the | ||||||
21 | sentence shall be a term of natural life
imprisonment.
| ||||||
22 | (b) (Blank).
| ||||||
23 | (c) (Blank).
| ||||||
24 | (d) Except as otherwise provided in paragraph (12) of | ||||||
25 | subsection (a) of Section 3-3-2 of this Code, subject Subject | ||||||
26 | to
earlier termination under Section 3-3-8, the parole or |
| |||||||
| |||||||
1 | mandatory
supervised release term shall be written as part of | ||||||
2 | the sentencing order and shall be as follows:
| ||||||
3 | (1) for first degree murder or a Class X felony except | ||||||
4 | for the offenses of predatory criminal sexual assault of a | ||||||
5 | child, aggravated criminal sexual assault, and criminal | ||||||
6 | sexual assault if committed on or after the effective date | ||||||
7 | of this amendatory Act of the 94th General Assembly and | ||||||
8 | except for the offense of aggravated child pornography | ||||||
9 | under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||||||
10 | sentencing under subsection (c-5) of Section 11-20.1 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
12 | committed on or after January 1, 2009, 3 years;
| ||||||
13 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
14 | the offense of criminal sexual assault if committed on or | ||||||
15 | after the effective date of this amendatory Act of the 94th | ||||||
16 | General Assembly and except for the offenses of manufacture | ||||||
17 | and dissemination of child pornography under clauses | ||||||
18 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
19 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
20 | after January 1, 2009, 2 years;
| ||||||
21 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
22 | (4) for defendants who commit the offense of predatory | ||||||
23 | criminal sexual assault of a child, aggravated criminal | ||||||
24 | sexual assault, or criminal sexual assault, on or after the | ||||||
25 | effective date of this amendatory Act of the 94th General | ||||||
26 | Assembly, or who commit the offense of aggravated child |
| |||||||
| |||||||
1 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
2 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
3 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
4 | manufacture of child pornography, or dissemination of | ||||||
5 | child pornography after January 1, 2009, the term of | ||||||
6 | mandatory supervised release shall range from a minimum of | ||||||
7 | 3 years to a maximum of the natural life of the defendant;
| ||||||
8 | (5) if the victim is under 18 years of age, for a | ||||||
9 | second or subsequent
offense of aggravated criminal sexual | ||||||
10 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
11 | the first 2 years of which the defendant shall serve in an
| ||||||
12 | electronic home detention program under Article 8A of | ||||||
13 | Chapter V of this Code;
| ||||||
14 | (6) for a felony domestic battery, aggravated domestic | ||||||
15 | battery, stalking, aggravated stalking, and a felony | ||||||
16 | violation of an order of protection, 4 years. | ||||||
17 | (e) (Blank).
| ||||||
18 | (f) (Blank).
| ||||||
19 | (Source: P.A. 99-69, eff. 1-1-16 .)
|