HB1484 95TH GENERAL ASSEMBLY

LRB095 10055 RLC 31580 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1484

Introduced 2/21/2007, by Rep. Constance A. Howard - Esther Golar

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-5.5-30
730 ILCS 5/5-5.5-31 new

Amends the Unified Code of Corrections. Provides that in determining whether an applicant for a certificate of good conduct has been rehabilitated, the Prisoner Review Board shall apply the same criteria used to determine whether a recommendation for executive clemency should be issued, and shall grant the certificate only if the applicant meets those standards. Provides that any court of this State may, in its discretion, issue a judicial pardon to an eligible offender for a conviction that occurred in such court. Specifies criteria that the court must evaluate before issuing a judicial pardon. Specifies offenses for which the court may not issue a judicial pardon. Authorizes the sealing of records of persons issued judicial pardons. Provides that upon approval of the county board, the clerk of the court may charge a fee equivalent to the cost associated with a probation officer's investigation and preparation of a report of an offender's eligibility for a judicial pardon. Effective June 1, 2007.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by changing Section 5-5.5-30 and by adding Section 5-5.5-31 as follows:

(730 ILCS 5/5-5.5-30)

Sec. 5-5.5-30. Issuance of certificate of good conduct.

(a) The Prisoner Review Board, or any 3 members of the Board by unanimous vote, shall have the power to issue a certificate of good conduct to any eligible offender previously convicted of a crime in this State, when the Board is satisfied that:

(1) the applicant has conducted himself or herself in a manner warranting the issuance for a minimum period in accordance with the provisions of subsection (c) of this Section;

(2) the relief to be granted by the certificate is consistent with the rehabilitation of the applicant; and

(3) the relief to be granted is consistent with the public interest.

(b) The Prisoner Review Board, or any 3 members of the Board by unanimous vote, shall have the power to issue a certificate of good conduct to any person previously convicted of a crime in any other jurisdiction, when the Board is satisfied that the provisions of paragraphs (1), (2), and (3) of subsection (a) of this Section have been met.

(b-5) In determining whether the applicant has been rehabilitated, the Board shall apply the same criteria used to determine whether a recommendation for executive clemency should be issued, and shall grant the certificate only if the applicant meets those standards.

(c) The minimum period of good conduct by the individual referred to in paragraph (1) of subsection (a) of this Section, shall be as follows: if the most serious crime of which the individual was convicted is a misdemeanor, the minimum period of good conduct shall be one year; if the most serious crime of which the individual was convicted is a Class 1, 2, 3, or 4 felony, the minimum period of good conduct shall be 3 years. Criminal acts committed outside the State shall be classified as acts committed within the State based on the maximum sentence that could have been imposed based upon the conviction under the laws of the foreign jurisdiction. The minimum period of good conduct by the individual shall be measured either from the date of the payment of any fine imposed upon him or her, or from the date of his or her release from custody by parole, mandatory supervised release or commutation or termination of his or her sentence. The Board shall have power and it shall be its duty to investigate all persons when the application is made and to grant or deny the same within a reasonable time after the making of the application.

(d) If the Prisoner Review Board has issued a certificate of good conduct, the Board may at any time issue a new certificate enlarging the relief previously granted.

(e) Any certificate of good conduct by the Prisoner Review Board to an individual who at the time of the issuance of the certificate is under the conditions of parole or mandatory supervised release imposed by the Board shall be deemed to be a temporary certificate until the time as the individual is discharged from the terms of parole or mandatory supervised release, and, while temporary, the certificate may be revoked by the Board for violation of the conditions of parole or mandatory supervised release. Revocation shall be upon notice to the parolee or releasee, who shall be accorded an opportunity to explain the violation prior to a decision on the revocation. If the certificate is not so revoked, it shall become a permanent certificate upon expiration or termination of the offender's parole or mandatory supervised release term.

(Source: P.A. 93-207, eff. 1-1-04.)

(730 ILCS 5/5-5.5-31 new)

Sec. 5-5.5-31. Judicial pardon.

(a) Any court of this State may, in its discretion, issue a judicial pardon to an eligible offender for a conviction that occurred in such court.

(b) Such pardon shall not be issued by the court unless the court is satisfied that:

(1) the person to whom it is to be granted is an eligible offender, as defined in 5-5.5-5 of this Code;

(2) the pardon is consistent with the rehabilitation of the eligible offender;

(3) the pardon is consistent with the public interest;

(4) the offender has obtained a certificate of good conduct from the Prisoner Review Board, pursuant to Section 5-5.5-30 of the Unified Code of Corrections;

(5) at least 2 years have lapsed since the issuance of the certificate;

(6) since the issuance of the certificate of good conduct, the applicant has not been convicted of any offense;

(7) there are no criminal charges pending against the applicant and the applicant is not under parole or mandatory supervised release; and

(8) the applicant's conduct subsequent to the issuance of the certificate demonstrates rehabilitation.

(c) A judicial pardon shall not be issued by the court for the following offenses:

(1) violations of Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance;

(2) violations of Article 11 of the Criminal Code of 1961 or a similar provision of a local ordinance, except Section 11-14 of the Criminal Code of 1961;

(3) violations of Section 12-15, 12-30, or 26-5 of the Criminal Code of 1961 or a similar provision of a local ordinance;

(4) violations that are a crime of violence as defined in Section 2 of the Crime Victims Compensation Act or a similar provision of a local ordinance;

(5) Class A misdemeanor violations of the Humane Care for Animals Act; and

(6) any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act.

(d) A judicial pardon shall only be issued upon verified application to the court. The court may, for the purpose of determining whether such pardon shall be issued, request its probation service to conduct an investigation of the applicant. Any probation officer requested to make an investigation pursuant to this Section shall prepare and submit to the court a written report in accordance with such request.

(e) Contents of petition. The petition shall contain the applicant's name, date of birth, current address, each charge, each case number, the date of each charge, the identity of the arresting authority, and such other information as the court may require. During the pendency of the proceeding, the applicant shall promptly notify the clerk of the court of any change of address.

(f) Drug test. A person filing a petition to have his or her records sealed for a felony violation of the Cannabis Control Act, a felony violation of the Methamphetamine Control and Community Protection Act, or for a felony violation of the Illinois Controlled Substances Act must attach to the petition proof that the applicant has passed a test taken within the previous 30 days before the filing of the petition showing the absence within his or her body of all illegal substances in violation of either the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act.

(g) Service of petition. The clerk shall promptly serve a copy of the petition on the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Department of State Police, the arresting agency and the chief legal officer of the unit of local government effecting the arrest.

(h) Any court that has issued a pardon for conviction of one or more offenses, but not all, may at any time issue a new pardon covering additional offenses, provided, that the provisions of this Section shall apply to the issuance of any such new pardon.

(i) Any written report submitted to the court pursuant to this Section is confidential and may not be made available to any person or public or private agency except where specifically required or permitted by law or upon specific authorization of the court. However, upon the court's receipt of such report, the court shall provide a copy of such report, or direct that such report be provided to the State's Attorney or prosecutor, the applicant's attorney, or the applicant himself or herself, if he or she has no attorney. In its discretion, the court may except from disclosure a part or parts of the report which are not relevant to the granting of a pardon, or sources of information which have been obtained on a promise of confidentiality, or any other portion thereof, disclosure of which would not be in the interest of justice. The action of the court excepting information from disclosure shall be subject to appellate review. The court, in its discretion, may hold a conference in open court or in chambers to afford an applicant an opportunity to controvert or to comment upon any portions of the report. The court may also conduct a summary hearing at the conference on any matter relevant to the granting of the application and may take testimony under oath.

(j) Entry of order. Unless the State's Attorney or prosecutor, the Department of State Police, the arresting agency or such chief legal officer objects to the judicial pardon within 90 days of notice, the court shall enter an order sealing the defendant's records.

(k) Notwithstanding any other provision of the Criminal Identification Act to the contrary and cumulative with any rights to expungement of criminal records, this Section authorizes the sealing of criminal records of adults and of minors prosecuted as adults. Whenever a person who has been convicted of an offense is granted a judicial pardon for that offense, the court shall also enter an order sealing the applicant's records relating to that offense. Upon entry of the order of judicial pardon, the clerk of the circuit court shall promptly mail a copy of the order to the pardoned individual.

(l) Notwithstanding any provision of the Clerks of Courts Act to the contrary, and subject to the approval of the county board, the clerk may charge a fee equivalent to the cost associated with the probation officer's investigation and preparation of the report.

Section 99. Effective date. This Act takes effect June 1, 2007.