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Full Text of SB3669  102nd General Assembly

SB3669 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3669

 

Introduced 1/21/2022, by Sen. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-2  from Ch. 38, par. 1003-3-2

    Amends the Unified Code of Corrections. Provides that the annual report of the Prisoner Review Board transmitted to the Director of Corrections shall list how many C-Number Cases and Good Conduct Requests are considered, granted, and denied by the Board, disaggregated by offense, including, but not limited to, murder and offenses involving sexual conduct or sexual penetration, and indicate if the victims were under 18 years of age or members of law enforcement.


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A BILL FOR

 

SB3669LRB102 22479 RLC 31619 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 3-3-2 as follows:
 
6    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
7    Sec. 3-3-2. Powers and duties.
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
10read "Prisoner Review Board." After February 1, 1978 (the
11effective date of Public Act 81-1099), the Prisoner Review
12Board shall provide by rule for the orderly transition of all
13files, records, and documents of the Parole and Pardon Board
14and for such other steps as may be necessary to effect an
15orderly transition and shall:
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 February 1,
19    1978 (the effective date of Public Act 81-1099), and who
20    are eligible for parole;
21        (2) hear by at least one member and through a panel of
22    at least 3 members decide, the conditions of parole and
23    the time of discharge from parole, impose sanctions for

 

 

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1    violations of parole, and revoke parole for those
2    sentenced under the law in effect prior to February 1,
3    1978 (the effective date of Public Act 81-1099); provided
4    that the decision to parole and the conditions of parole
5    for all prisoners who were sentenced for first degree
6    murder or who received a minimum sentence of 20 years or
7    more under the law in effect prior to February 1, 1978
8    shall be determined by a majority vote of the Prisoner
9    Review Board. One representative supporting parole and one
10    representative opposing parole will be allowed to speak.
11    Their comments shall be limited to making corrections and
12    filling in omissions to the Board's presentation and
13    discussion;
14        (3) hear by at least one member and through a panel of
15    at least 3 members decide, the conditions of mandatory
16    supervised release and the time of discharge from
17    mandatory supervised release, impose sanctions for
18    violations of mandatory supervised release, and revoke
19    mandatory supervised release for those sentenced under the
20    law in effect after February 1, 1978 (the effective date
21    of Public Act 81-1099);
22        (3.5) hear by at least one member and through a panel
23    of at least 3 members decide, the conditions of mandatory
24    supervised release and the time of discharge from
25    mandatory supervised release, to impose sanctions for
26    violations of mandatory supervised release and revoke

 

 

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1    mandatory supervised release for those serving extended
2    supervised release terms pursuant to paragraph (4) of
3    subsection (d) of Section 5-8-1;
4        (3.6) hear by at least one member and through a panel
5    of at least 3 members decide whether to revoke aftercare
6    release for those committed to the Department of Juvenile
7    Justice under the Juvenile Court Act of 1987;
8        (4) hear by at least one member and through a panel of
9    at least 3 members, decide cases brought by the Department
10    of Corrections against a prisoner in the custody of the
11    Department for alleged violation of Department rules with
12    respect to sentence credits under Section 3-6-3 of this
13    Code in which the Department seeks to revoke sentence
14    credits, if the amount of time at issue exceeds 30 days or
15    when, during any 12-month period, the cumulative amount of
16    credit revoked exceeds 30 days except where the infraction
17    is committed or discovered within 60 days of scheduled
18    release. In such cases, the Department of Corrections may
19    revoke up to 30 days of sentence credit. The Board may
20    subsequently approve the revocation of additional sentence
21    credit, if the Department seeks to revoke sentence credit
22    in excess of 30 days. However, the Board shall not be
23    empowered to review the Department's decision with respect
24    to the loss of 30 days of sentence credit for any prisoner
25    or to increase any penalty beyond the length requested by
26    the Department;

 

 

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1        (5) hear by at least one member and through a panel of
2    at least 3 members decide, the release dates for certain
3    prisoners sentenced under the law in existence prior to
4    February 1, 1978 (the effective date of Public Act
5    81-1099), in accordance with Section 3-3-2.1 of this Code;
6        (6) hear by at least one member and through a panel of
7    at least 3 members decide, all requests for pardon,
8    reprieve or commutation, and make confidential
9    recommendations to the Governor;
10        (6.5) hear by at least one member who is qualified in
11    the field of juvenile matters and through a panel of at
12    least 3 members, 2 of whom are qualified in the field of
13    juvenile matters, decide parole review cases in accordance
14    with Section 5-4.5-115 of this Code and make release
15    determinations of persons under the age of 21 at the time
16    of the commission of an offense or offenses, other than
17    those persons serving sentences for first degree murder or
18    aggravated criminal sexual assault;
19        (6.6) hear by at least a quorum of the Prisoner Review
20    Board and decide by a majority of members present at the
21    hearing, in accordance with Section 5-4.5-115 of this
22    Code, release determinations of persons under the age of
23    21 at the time of the commission of an offense or offenses
24    of those persons serving sentences for first degree murder
25    or aggravated criminal sexual assault;
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 sentence
8    credit, and if the prisoner has not accumulated 180 days
9    of sentence credit at the time of the dismissal, then all
10    sentence credit accumulated by the prisoner shall be
11    revoked;
12        (9) hear by at least 3 members, and, through a panel of
13    at least 3 members, decide whether to grant certificates
14    of relief from disabilities or certificates of good
15    conduct as provided in Article 5.5 of Chapter V;
16        (10) upon a petition by a person who has been
17    convicted of a Class 3 or Class 4 felony and who meets the
18    requirements of this paragraph, hear by at least 3 members
19    and, with the unanimous vote of a panel of 3 members, issue
20    a certificate of eligibility for sealing recommending that
21    the court order the sealing of all official records of the
22    arresting authority, the circuit court clerk, and the
23    Illinois State Police concerning the arrest and conviction
24    for the Class 3 or 4 felony. A person may not apply to the
25    Board for a certificate of eligibility for sealing:
26            (A) until 5 years have elapsed since the

 

 

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1        expiration of his or her sentence;
2            (B) until 5 years have elapsed since any arrests
3        or detentions by a law enforcement officer for an
4        alleged violation of law, other than a petty offense,
5        traffic offense, conservation offense, or local
6        ordinance offense;
7            (C) if convicted of a violation of the Cannabis
8        Control Act, Illinois Controlled Substances Act, the
9        Methamphetamine Control and Community Protection Act,
10        the Methamphetamine Precursor Control Act, or the
11        Methamphetamine Precursor Tracking Act unless the
12        petitioner has completed a drug abuse program for the
13        offense on which sealing is sought and provides proof
14        that he or she has completed the program successfully;
15            (D) if convicted of:
16                (i) a sex offense described in Article 11 or
17            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
18            the Criminal Code of 1961 or the Criminal Code of
19            2012;
20                (ii) aggravated assault;
21                (iii) aggravated battery;
22                (iv) domestic battery;
23                (v) aggravated domestic battery;
24                (vi) violation of an order of protection;
25                (vii) an offense under the Criminal Code of
26            1961 or the Criminal Code of 2012 involving a

 

 

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1            firearm;
2                (viii) driving while under the influence of
3            alcohol, other drug or drugs, intoxicating
4            compound or compounds, or any combination thereof;
5                (ix) aggravated driving while under the
6            influence of alcohol, other drug or drugs,
7            intoxicating compound or compounds, or any
8            combination thereof; or
9                (x) any crime defined as a crime of violence
10            under Section 2 of the Crime Victims Compensation
11            Act.
12        If a person has applied to the Board for a certificate
13    of eligibility for sealing and the Board denies the
14    certificate, the person must wait at least 4 years before
15    filing again or filing for pardon from the Governor unless
16    the Chairman of the Prisoner Review Board grants a waiver.
17        The decision to issue or refrain from issuing a
18    certificate of eligibility for sealing shall be at the
19    Board's sole discretion, and shall not give rise to any
20    cause of action against either the Board or its members.
21        The Board may only authorize the sealing of Class 3
22    and 4 felony convictions of the petitioner from one
23    information or indictment under this paragraph (10). A
24    petitioner may only receive one certificate of eligibility
25    for sealing under this provision for life; and
26        (11) upon a petition by a person who after having been

 

 

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1    convicted of a Class 3 or Class 4 felony thereafter served
2    in the United States Armed Forces or National Guard of
3    this or any other state and had received an honorable
4    discharge from the United States Armed Forces or National
5    Guard or who at the time of filing the petition is enlisted
6    in the United States Armed Forces or National Guard of
7    this or any other state and served one tour of duty and who
8    meets the requirements of this paragraph, hear by at least
9    3 members and, with the unanimous vote of a panel of 3
10    members, issue a certificate of eligibility for
11    expungement recommending that the court order the
12    expungement of all official records of the arresting
13    authority, the circuit court clerk, and the Illinois State
14    Police concerning the arrest and conviction for the Class
15    3 or 4 felony. A person may not apply to the Board for a
16    certificate of eligibility for expungement:
17            (A) if convicted of:
18                (i) a sex offense described in Article 11 or
19            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
20            the Criminal Code of 1961 or Criminal Code of
21            2012;
22                (ii) an offense under the Criminal Code of
23            1961 or Criminal Code of 2012 involving a firearm;
24            or
25                (iii) a crime of violence as defined in
26            Section 2 of the Crime Victims Compensation Act;

 

 

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1            or
2            (B) if the person has not served in the United
3        States Armed Forces or National Guard of this or any
4        other state or has not received an honorable discharge
5        from the United States Armed Forces or National Guard
6        of this or any other state or who at the time of the
7        filing of the petition is serving in the United States
8        Armed Forces or National Guard of this or any other
9        state and has not completed one tour of duty.
10        If a person has applied to the Board for a certificate
11    of eligibility for expungement and the Board denies the
12    certificate, the person must wait at least 4 years before
13    filing again or filing for a pardon with authorization for
14    expungement from the Governor unless the Governor or
15    Chairman of the Prisoner Review Board grants a waiver.
16    (a-5) The Prisoner Review Board, with the cooperation of
17and in coordination with the Department of Corrections and the
18Department of Central Management Services, shall implement a
19pilot project in 3 correctional institutions providing for the
20conduct of hearings under paragraphs (1) and (4) of subsection
21(a) of this Section through interactive video conferences. The
22project shall be implemented within 6 months after January 1,
231997 (the effective date of Public Act 89-490). Within 6
24months after the implementation of the pilot project, the
25Prisoner Review Board, with the cooperation of and in
26coordination with the Department of Corrections and the

 

 

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

 

 

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

 

 

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1such person. The court upon the filing of such a petition, may
2order the person refusing to obey the subpoena to appear at an
3investigation or hearing, or to there produce documentary
4evidence, if so ordered, or to give evidence relative to the
5subject matter of that investigation or hearing. Any failure
6to obey such order of the circuit court may be punished by that
7court as a contempt of court.
8    Each member of the Board and any hearing officer
9designated by the Board shall have the power to administer
10oaths and to take the testimony of persons under oath.
11    (g) Except under subsection (a) of this Section, a
12majority of the members then appointed to the Prisoner Review
13Board shall constitute a quorum for the transaction of all
14business of the Board.
15    (h) The Prisoner Review Board shall annually transmit to
16the Director a detailed report of its work for the preceding
17calendar year. The report shall list how many C-Number Cases
18and Good Conduct Requests are considered, granted, and denied
19by the Board, disaggregated by offense, including, but not
20limited to, murder and offenses involving sexual conduct or
21sexual penetration, and indicate if the victims were under 18
22years of age or members of law enforcement. The annual report
23shall also be transmitted to the Governor for submission to
24the Legislature and shall be published on the Board's website
25no later than March 1 of each year.
26(Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21;

 

 

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1102-558, eff. 8-20-21.)