Illinois General Assembly - Full Text of SB2129
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Full Text of SB2129  103rd General Assembly

SB2129 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2129

 

Introduced 2/10/2023, by Sen. Rachel Ventura

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-3-3  from Ch. 38, par. 1003-3-3
730 ILCS 5/3-3-3.1 new
730 ILCS 5/3-5-1  from Ch. 38, par. 1003-5-1

    Amends the Unified Code of Corrections. Provides that notwithstanding anything to the contrary in specified provisions of law, a person serving a term of imprisonment, including terms of natural life, in a Department of Corrections institution or facility is eligible for earned reentry. Provides that for the first year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 35 consecutive years. Provides that for the second year following the effective date of the amendatory Act, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 25 consecutive years. Provides that for the third year following the effective date of the amendatory Act and each year thereafter, a person is eligible for earned reentry if he or she has served a term of imprisonment of at least 20 consecutive years. Provides that hearings for earned reentry shall be administered by the Prisoner Review Board. Establishes procedures for the hearing. Removes provision that no person serving a term of natural life imprisonment may be paroled or released except through executive clemency. Provides that if any incarcerated person is released on earned reentry, his or her sentence shall be considered complete after the term of mandatory supervised release. Applies retroactively. Contains a severability provision. Defines "earned reentry". Effective January 1, 2024.


LRB103 28269 RLC 54648 b

 

 

A BILL FOR

 

SB2129LRB103 28269 RLC 54648 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 1. Purpose. In recognition of the historical
5harms of systemic racism and overly punitive sentencing, as
6well as concerns to address mass incarceration and safely
7reduce the prison population, this Act is needed to ensure
8that persons are not serving excessive sentences with no
9public benefit. By utilizing and extending existing review
10mechanisms, this Act will reduce unnecessary incarceration,
11reduce costs of incarceration, provide incentive to people
12with long sentences to prepare for productive lives, make
13prisons safer for incarcerated persons and prison staff, and
14help bring the State in compliance with Section 11 of Article I
15of the Illinois Constitution, which mandates that all
16penalties aim to restore incarcerated people to useful
17citizenship.
 
18    Section 5. The Unified Code of Corrections is amended by
19changing Sections 3-3-3 and 3-5-1 and by adding Section
203-3-3.1 as follows:
 
21    (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
22    Sec. 3-3-3. Eligibility for parole or release.

 

 

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1    (a) Except as otherwise provided in Section 3-3-3.1 and
2except Except for those offenders who accept the fixed release
3date established by the Prisoner Review Board under Section
43-3-2.1, every person serving a term of imprisonment under the
5law in effect prior to the effective date of this amendatory
6Act of 1977 shall be eligible for parole when he or she has
7served:
8        (1) the minimum term of an indeterminate sentence less
9    time credit for good behavior, or 20 years less time
10    credit for good behavior, whichever is less; or
11        (2) 20 years of a life sentence less time credit for
12    good behavior; or
13        (3) 20 years or one-third of a determinate sentence,
14    whichever is less, less time credit for good behavior.
15    (b) Except as otherwise provided in Section 3-3-3.1, no No
16person sentenced under this amendatory Act of 1977 or who
17accepts a release date under Section 3-3-2.1 shall be eligible
18for parole.
19    (c) Except as otherwise provided in Section 3-3-3.1, and
20except Except for those sentenced to a term of natural life
21imprisonment, every person sentenced to imprisonment under
22this amendatory Act of 1977 or given a release date under
23Section 3-3-2.1 of this Act shall serve the full term of a
24determinate sentence less time credit for good behavior and
25shall then be released under the mandatory supervised release
26provisions of paragraph (d) of Section 5-8-1 of this Code.

 

 

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1    (d) (Blank). No person serving a term of natural life
2imprisonment may be paroled or released except through
3executive clemency.
4    (e) Every person committed to the Department of Juvenile
5Justice under the Juvenile Court Act of 1987 and confined in
6the State correctional institutions or facilities if such
7juvenile has not been tried as an adult shall be eligible for
8aftercare release under Section 3-2.5-85 of this Code.
9However, if a juvenile has been tried as an adult he or she
10shall only be eligible for parole or mandatory supervised
11release as an adult under this Section.
12(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
13    (730 ILCS 5/3-3-3.1 new)
14    Sec. 3-3-3.1. Earned reentry; earned reentry hearings;
15sentences of 20 years or longer; life imprisonment; reentry.
16    (a) Definition. "Earned reentry" means the termination of
17an incarcerated person's sentence that he or she is granted by
18the Prisoner Review Board as provided in this Act. If an
19incarcerated person is granted earned reentry, his or her
20sentence shall be considered complete after the term of
21mandatory supervised release.
22    (b) Notwithstanding anything to the contrary in any
23provision of this Code, Article 122 of the Code of Criminal
24Procedure of 1963, or Article X or Section 2-1401 of the Code
25of Civil Procedure, a person serving terms of imprisonment,

 

 

SB2129- 4 -LRB103 28269 RLC 54648 b

1including terms of natural life, in a Department of
2Corrections institution or facility is eligible for earned
3reentry under this Section if he or she has served terms of
4imprisonment specified in subsection (d). Hearings for earned
5reentry shall be administered by the Prisoner Review Board.
6    (c) The Prisoner Review Board shall contact persons
7eligible for earned reentry and conduct hearings to determine
8whether they shall obtain earned reentry as provided by this
9Section and the Open Parole Hearings Act unless otherwise
10specified in this Section.
11    (d) Implementation schedule. For the first year following
12the effective date of this amendatory Act of the 103rd General
13Assembly, a person is eligible for earned reentry under this
14Section if he or she has served a term of imprisonment of at
15least 35 consecutive years. For the second year following the
16effective date of this amendatory Act of the 103rd General
17Assembly, a person is eligible for earned reentry under this
18Section if he or she has served a term of imprisonment of at
19least 25 consecutive years. For the third year following the
20effective date of this amendatory Act of the 103rd General
21Assembly and each year thereafter, a person is eligible for
22earned reentry under this Act if he or she has served a term of
23imprisonment of at least 20 consecutive years.
24    (e) Victims and victims' families shall be notified in a
25timely manner and provided an opportunity to participate in
26the hearing in accordance with the Rights of Crime Victims and

 

 

SB2129- 5 -LRB103 28269 RLC 54648 b

1Witnesses Act, the Open Parole Hearings Act, and this Article.
2    (f) In determining whether a candidate should obtain
3earned reentry, the Prisoner Review Board shall consider the
4following factors:
5        (1) a statement, oral or written, by the candidate as
6    to the reasons why he or she should obtain earned reentry;
7        (2) any evidence of the candidate's rehabilitation
8    during the period of his or her incarceration, including
9    remorse for any criminal acts, if applicable;
10        (3) any evidence of the likelihood that the candidate
11    will not recidivate;
12        (4) any character references, letters of support from
13    family or community members, or references by staff,
14    volunteers, or incarcerated persons in the Department of
15    Corrections;
16        (5) any evidence of the candidate's participation in
17    educational, vocational, substance abuse, behavior
18    modification, life skills, or reentry planning programs;
19        (6) the candidate's disciplinary record while
20    incarcerated;
21        (7) the candidate's employment history while
22    incarcerated;
23        (8) the candidate's criminal history; and
24        (9) the candidate's parole plan, including plans for
25    housing, employment, and community support upon release
26    from incarceration; and

 

 

SB2129- 6 -LRB103 28269 RLC 54648 b

1    (g) If the programs or employment opportunities described
2in this Section were not available to this candidate, the
3Board shall not penalize the candidate for failure to
4participate in them; nor shall the board penalize a candidate
5for choosing not to work for the Department of Corrections;
6nor shall the Board penalize a candidate for maintaining his
7or her claim of innocence.
8    (h) Notification. The Prisoner Review Board shall notify
9all persons who become eligible for earned reentry under
10subsection (d) within 2 months of their becoming eligible and
11inform them that the Prisoner Review Board will consider them
12for earned reentry.
13     (i) Hearings.
14        (1) Hearings under this Section shall be conducted by
15    a panel of at least 3 members of the Board. A majority vote
16    of the members present and voting at the hearing is
17    required to grant the candidate earned reentry.
18        (2) In the first 2 years following the effective date
19    of this amendatory Act of the 103rd General Assembly,
20    hearings shall be held for each eligible person (who has
21    not deferred) within one year of the person becoming
22    eligible as specified in subsection (d). Beginning the
23    third year following the effective date of this amendatory
24    Act of the 103rd General Assembly and every year
25    thereafter, hearings shall be held for each eligible
26    person (who has not deferred) within 8 months of the

 

 

SB2129- 7 -LRB103 28269 RLC 54648 b

1    person becoming eligible as specified in subsection (d).
2    (j) Deferrals. Any person who is notified of the person's
3eligibility for earned reentry under this Section may defer
4the person's eligibility for 2 years by notifying the Prisoner
5Review Board within 3 months of receiving notification of
6eligibility.
7    (k) If earned reentry is denied under this Section, the
8Board shall provide a written statement to the candidate that
9shall include the reasons for the denial, what the candidate
10must accomplish to attain earned reentry in the future, and
11when the candidate is eligible to reapply for earned reentry,
12which shall be no later than 2 years after the denial. The
13candidate may seek a continuance of up to 2 additional years.
14    (l) An incarcerated person described in this Section may
15not be barred from any programming because his or her maximum
16out date is not in the near future.
17    (m) Every incarcerated person described in this Section
18may bring legal counsel or an advocate of his or her choice to
19the earned reentry hearing.
20    (n) Every incarcerated person described in this Section
21may attend and testify at his or her earned reentry hearing in
22person or by video-conference or may have counsel or an
23advocate read a statement.
24    (o) Every incarcerated person described in this Section
25shall be provided full and complete access to his or her master
26record file, with the exception of the names of verified

 

 

SB2129- 8 -LRB103 28269 RLC 54648 b

1confidential informants, at least 60 days prior to any earned
2reentry hearing. The incarcerated person has a right to
3challenge any false, misleading, or otherwise inaccurate
4information contained therein. The Department of Corrections
5shall establish an expedited process for incarcerated persons
6to challenge such false, misleading, or otherwise inaccurate
7information so that it can be removed prior to any earned
8reentry hearing. Every incarcerated person described in this
9Section may have counsel assist him or her in challenging
10inaccurate information.
11    (p) This Section applies retroactively to every person
12currently serving a term of imprisonment in a Department of
13Corrections institution or facility, which is necessary in
14order to serve the important objectives listed in the
15preamble, including that of restoring incarcerated individuals
16to useful citizenship, as required by Section 11 of Article 1
17of the Illinois Constitution.
18    (q) Nothing in this Section guarantees release. It only
19provides the opportunity for the incarcerated person to
20demonstrate his or her readiness to obtain earned reentry.
 
21    (730 ILCS 5/3-5-1)  (from Ch. 38, par. 1003-5-1)
22    Sec. 3-5-1. Master Record File.
23    (a) The Department of Corrections and the Department of
24Juvenile Justice shall maintain a master record file on each
25person committed to it, which shall contain the following

 

 

SB2129- 9 -LRB103 28269 RLC 54648 b

1information:
2        (1) all information from the committing court;
3        (1.5) ethnic and racial background data collected in
4    accordance with Section 4.5 of the Criminal Identification
5    Act;
6        (2) reception summary;
7        (3) evaluation and assignment reports and
8    recommendations;
9        (4) reports as to program assignment and progress;
10        (5) reports of disciplinary infractions and
11    disposition, including tickets and Administrative Review
12    Board action;
13        (6) any parole or aftercare release plan;
14        (7) any parole or aftercare release reports;
15        (8) the date and circumstances of final discharge;
16        (9) criminal history;
17        (10) current and past gang affiliations and ranks;
18        (11) information regarding associations and family
19    relationships;
20        (12) any grievances filed and responses to those
21    grievances; and
22        (13) other information that the respective Department
23    determines is relevant to the secure confinement and
24    rehabilitation of the committed person.
25    (b) Except as otherwise provided in Section 3-3-3.1, all
26All files shall be confidential and access shall be limited to

 

 

SB2129- 10 -LRB103 28269 RLC 54648 b

1authorized personnel of the respective Department or by
2disclosure in accordance with a court order or subpoena.
3Personnel of other correctional, welfare or law enforcement
4agencies may have access to files under rules and regulations
5of the respective Department. The respective Department shall
6keep a record of all outside personnel who have access to
7files, the files reviewed, any file material copied, and the
8purpose of access. If the respective Department or the
9Prisoner Review Board makes a determination under this Code
10which affects the length of the period of confinement or
11commitment, the committed person and his counsel shall be
12advised of factual information relied upon by the respective
13Department or Board to make the determination, provided that
14the Department or Board shall not be required to advise a
15person committed to the Department of Juvenile Justice any
16such information which in the opinion of the Department of
17Juvenile Justice or Board would be detrimental to his
18treatment or rehabilitation.
19    (c) The master file shall be maintained at a place
20convenient to its use by personnel of the respective
21Department in charge of the person. When custody of a person is
22transferred from the Department to another department or
23agency, a summary of the file shall be forwarded to the
24receiving agency with such other information required by law
25or requested by the agency under rules and regulations of the
26respective Department.

 

 

SB2129- 11 -LRB103 28269 RLC 54648 b

1    (d) The master file of a person no longer in the custody of
2the respective Department shall be placed on inactive status
3and its use shall be restricted subject to rules and
4regulations of the Department.
5    (e) All public agencies may make available to the
6respective Department on request any factual data not
7otherwise privileged as a matter of law in their possession in
8respect to individuals committed to the respective Department.
9    (f) A committed person may request a summary of the
10committed person's master record file once per year and the
11committed person's attorney may request one summary of the
12committed person's master record file once per year. The
13Department shall create a form for requesting this summary,
14and shall make that form available to committed persons and to
15the public on its website. Upon receipt of the request form,
16the Department shall provide the summary within 15 days. The
17summary must contain, unless otherwise prohibited by law:
18        (1) the person's name, ethnic, racial, and other
19    identifying information;
20        (2) all digitally available information from the
21    committing court;
22        (3) all information in the Offender 360 system on the
23    person's criminal history;
24        (4) the person's complete assignment history in the
25    Department of Corrections;
26        (5) the person's disciplinary card;

 

 

SB2129- 12 -LRB103 28269 RLC 54648 b

1        (6) additional records about up to 3 specific
2    disciplinary incidents as identified by the requester;
3        (7) any available records about up to 5 specific
4    grievances filed by the person, as identified by the
5    requester; and
6        (8) the records of all grievances filed on or after
7    January 1, 2023.
8    Notwithstanding any provision of this subsection (f) to
9the contrary, a committed person's master record file is not
10subject to disclosure and copying under the Freedom of
11Information Act.
12(Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22;
13revised 12-14-22.)
 
14    Section 97. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
 
16    Section 99. Effective date. This Act takes effect on
17January 1, 2024.