|
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09500HB0230ham002 |
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LRB095 04122 RLC 35367 a |
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| was imprisoned or he or she has received a certificate of |
2 |
| innocence from the Prisoner Review Board.
|
3 |
| Section 10. The Court of Claims Act is amended by changing
|
4 |
| Sections 8, 11, 22, and 24 and by adding Section 24.5 as |
5 |
| follows:
|
6 |
| (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
|
7 |
| Sec. 8. Court of Claims jurisdiction. The court shall have |
8 |
| exclusive
jurisdiction to hear and determine the following |
9 |
| matters:
|
10 |
| (a) All claims against the State founded upon any law of |
11 |
| the State of
Illinois or upon any regulation adopted thereunder |
12 |
| by an executive or
administrative officer or agency; provided, |
13 |
| however, the court shall not have
jurisdiction (i) to hear or |
14 |
| determine claims arising under
the Workers' Compensation Act or |
15 |
| the Workers' Occupational Diseases Act, or
claims for expenses |
16 |
| in civil litigation, or (ii) to review administrative
decisions |
17 |
| for which a statute provides that review shall be in the |
18 |
| circuit or
appellate court.
|
19 |
| (b) All claims against the State founded upon any contract |
20 |
| entered
into with the State of Illinois.
|
21 |
| (c) All claims against the State for time unjustly served |
22 |
| in prisons
of this State when
where the person
persons
|
23 |
| imprisoned was wrongfully accused of the crime for which he or |
24 |
| she was imprisoned and
the accused received
shall receive a |
|
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09500HB0230ham002 |
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LRB095 04122 RLC 35367 a |
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| pardon from
the governor stating that such pardon is issued on |
2 |
| the ground of
innocence of the crime for which he or she was
|
3 |
| they were imprisoned or he or she received a certificate of |
4 |
| innocence from the Prisoner Review Board ; provided, the amount |
5 |
| of the award is at the discretion of the court; and provided, |
6 |
| the
court shall make no award in excess of the following |
7 |
| amounts: for
imprisonment of 5 years or less, not more than |
8 |
| $85,350
$15,000 ; for imprisonment
of 14 years or less but over |
9 |
| 5 years, not more than $170,000
$30,000 ; for
imprisonment of |
10 |
| over 14 years, not more than $199,150
$35,000 ; and provided
|
11 |
| further, the court shall fix attorney's fees not to exceed 25% |
12 |
| of the award
granted. On or after the effective date of this |
13 |
| amendatory Act of the 95th General Assembly,
On December 31, |
14 |
| 1996, the court shall make a one-time adjustment in the maximum |
15 |
| awards
authorized by this subsection (c), to reflect the |
16 |
| increase in the cost of
living from the year in which these |
17 |
| maximum awards were last adjusted until
1996, but with no |
18 |
| annual increment exceeding 5%. Thereafter, the court shall
|
19 |
| annually adjust the maximum awards authorized by this |
20 |
| subsection (c) to reflect
the increase, if any, in the Consumer |
21 |
| Price Index For All Urban Consumers for
the previous calendar |
22 |
| year, as determined by the United States Department of
Labor, |
23 |
| except that no annual increment may exceed 5%. For both the |
24 |
| one-time
adjustment and the subsequent annual adjustments, if |
25 |
| the Consumer Price Index
decreases during a calendar year, |
26 |
| there shall be no adjustment for that
calendar year. The |
|
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09500HB0230ham002 |
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LRB095 04122 RLC 35367 a |
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| changes made by this amendatory Act of the 95th General |
2 |
| Assembly apply to all
claims pending on or filed on or after |
3 |
| the effective date.
The changes made by Public Act 89-689 apply |
4 |
| to all claims filed on or after January 1, 1995 that
are |
5 |
| pending on December 31, 1996 and all claims filed on or after |
6 |
| December 31, 1996.
|
7 |
| (d) All claims against the State for damages in cases |
8 |
| sounding in tort, if
a like cause of action would lie against a |
9 |
| private person or corporation in a
civil suit, and all like |
10 |
| claims sounding in tort against the Medical Center
Commission, |
11 |
| the Board of Trustees of the University of Illinois, the Board |
12 |
| of
Trustees of Southern Illinois University, the Board of |
13 |
| Trustees of Chicago
State University, the Board of Trustees of |
14 |
| Eastern Illinois University, the
Board of Trustees of Governors |
15 |
| State University, the Board of Trustees of
Illinois State |
16 |
| University, the Board of Trustees of Northeastern Illinois
|
17 |
| University, the Board of Trustees of Northern Illinois |
18 |
| University, the Board
of Trustees of Western Illinois |
19 |
| University, or the Board of Trustees of the
Illinois |
20 |
| Mathematics and Science Academy; provided, that an award for |
21 |
| damages
in a case sounding in tort, other than certain cases |
22 |
| involving the operation
of a State vehicle described in this |
23 |
| paragraph, shall not exceed the sum of
$100,000 to or for the |
24 |
| benefit of
any claimant. The $100,000 limit prescribed by this |
25 |
| Section does not
apply to an award of damages in any case |
26 |
| sounding in tort arising out of
the operation by a State |
|
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09500HB0230ham002 |
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LRB095 04122 RLC 35367 a |
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| employee of a vehicle owned, leased or
controlled by the State. |
2 |
| The defense that the State or the Medical
Center Commission or |
3 |
| the Board of Trustees of the University of Illinois, the
Board |
4 |
| of Trustees of Southern Illinois University, the Board of |
5 |
| Trustees of
Chicago State University, the Board of Trustees of |
6 |
| Eastern Illinois University,
the Board of Trustees of Governors |
7 |
| State University, the Board of Trustees of
Illinois State |
8 |
| University, the Board of Trustees of Northeastern Illinois
|
9 |
| University, the Board of Trustees of Northern Illinois |
10 |
| University, the Board of
Trustees of Western Illinois |
11 |
| University, or the Board of Trustees of the
Illinois |
12 |
| Mathematics and Science Academy is not liable for the |
13 |
| negligence of
its officers, agents, and employees in the course |
14 |
| of their employment is not
applicable to the hearing and |
15 |
| determination of such claims.
|
16 |
| (e) All claims for recoupment made by the State of Illinois |
17 |
| against
any claimant.
|
18 |
| (f) All claims pursuant to the Line of Duty Compensation
|
19 |
| Act.
|
20 |
| (g) All claims filed pursuant to the Crime Victims |
21 |
| Compensation Act.
|
22 |
| (h) All claims pursuant to the Illinois National |
23 |
| Guardsman's Compensation
Act.
|
24 |
| (i) All claims authorized by subsection (a) of Section |
25 |
| 10-55 of the Illinois
Administrative Procedure Act for the |
26 |
| expenses incurred by a party in a
contested case on the |
|
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09500HB0230ham002 |
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LRB095 04122 RLC 35367 a |
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| administrative level.
|
2 |
| (Source: P.A. 93-1047, eff. 10-18-04.)
|
3 |
| (705 ILCS 505/11) (from Ch. 37, par. 439.11)
|
4 |
| Sec. 11. Filing claims.
|
5 |
| (a) Except as otherwise provided in subsection (b) of this |
6 |
| Section and
subsection (3) of Section 24,
the claimant shall in |
7 |
| all cases set forth fully in his petition
the claim, the action |
8 |
| thereon, if any, on behalf of the State, what persons
are |
9 |
| owners thereof or interested therein, when and upon what |
10 |
| consideration
such persons became so interested; that no |
11 |
| assignment or transfer of the
claim or any part thereof or |
12 |
| interest therein has been made, except as
stated in the |
13 |
| petition; that the claimant is justly entitled to the amount
|
14 |
| therein claimed from the State of Illinois, after allowing all |
15 |
| just
credits; and that claimant believes the facts stated in |
16 |
| the petition to be
true. The petition shall be verified, as to |
17 |
| statements of facts, by the
affidavit of the claimant, his |
18 |
| agent, or attorney.
|
19 |
| (b) Whenever a person has served a term of imprisonment and |
20 |
| has received a pardon by the Governor stating that such pardon |
21 |
| was issued on the ground of innocence of the crime for which he |
22 |
| or she was imprisoned, or a certificate of innocence from the |
23 |
| Prisoner Review Board, the Governor shall transmit this |
24 |
| information to the clerk of the Court of Claims. The clerk of
|
25 |
| the
Court of Claims shall immediately docket the case for |
|
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09500HB0230ham002 |
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LRB095 04122 RLC 35367 a |
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|
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| consideration by the
Court of Claims. The Court of Claims shall |
2 |
| hear the case and render a decision
within 90 days after its |
3 |
| docketing. The transmission by the Governor of the information |
4 |
| described in this subsection (b)
to the clerk of the Court
of |
5 |
| Claims is conclusive evidence of the validity of the claim.
|
6 |
| (Source: Laws 1945, p. 660.)
|
7 |
| (705 ILCS 505/22) (from Ch. 37, par. 439.22)
|
8 |
| Sec. 22. Every claim cognizable by the Court and not |
9 |
| otherwise sooner
barred by law shall be forever barred from |
10 |
| prosecution therein unless it
is filed with the Clerk of the |
11 |
| Court within the time set forth as follows:
|
12 |
| (a) All claims arising out of a contract must be filed |
13 |
| within 5
years after it first accrues, saving to minors, and |
14 |
| persons under legal
disability at the time the claim accrues, |
15 |
| in which cases the claim must be
filed within 5 years from the |
16 |
| time the disability ceases.
|
17 |
| (b) All claims cognizable against the State by vendors of |
18 |
| goods or services
under "The Illinois Public Aid Code", |
19 |
| approved April 11, 1967, as amended,
must file within one year |
20 |
| after the accrual of the cause of action, as provided
in |
21 |
| Section 11-13 of that Code.
|
22 |
| (c) All claims arising under paragraph (c) of Section 8 of |
23 |
| this Act
must
be automatically heard by the court
filed within |
24 |
| 120
days
2 years after the person unjustly imprisoned
asserting |
25 |
| such
claim is discharged
from prison without the person |
|
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09500HB0230ham002 |
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LRB095 04122 RLC 35367 a |
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| unjustly imprisoned being required to file a
petition under |
2 |
| Section 11 of this Act
, or is granted a pardon by the |
3 |
| Governor, whichever occurs later,
except as otherwise provided |
4 |
| by the Crime Victims Compensation Act .
|
5 |
| (d) All claims arising under paragraph (f) of Section 8 of |
6 |
| this Act must
be filed within one year of the date of the death |
7 |
| of the law enforcement
officer or fireman as provided in |
8 |
| Section 3 of the "Law Enforcement
Officers and Firemen |
9 |
| Compensation Act", approved September 30, 1969, as
amended.
|
10 |
| (e) All claims arising under paragraph (h) of Section 8 of |
11 |
| this Act must
be filed within one year of the date of the death |
12 |
| of the guardsman or
militiaman as provided in Section 3 of the |
13 |
| "Illinois National Guardsman's
and Naval Militiaman's |
14 |
| Compensation Act", approved August 12, 1971, as amended.
|
15 |
| (f) All claims arising under paragraph (g) of Section 8 of |
16 |
| this Act must
be filed within one year of the crime on which a |
17 |
| claim is based as
provided in Section 6.1 of the "Crime Victims |
18 |
| Compensation Act", approved
August 23, 1973, as amended.
|
19 |
| (g) All claims arising from the Comptroller's refusal to |
20 |
| issue a
replacement warrant pursuant to Section 10.10 of the |
21 |
| State Comptroller Act
must be filed within 5 years after the |
22 |
| issue date of such warrant.
|
23 |
| (h) All other claims must be filed within 2 years after it |
24 |
| first accrues,
saving to minors, and persons under legal |
25 |
| disability at the time the claim
accrues, in which case the |
26 |
| claim must be filed within 2 years from the time
the disability |
|
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LRB095 04122 RLC 35367 a |
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| ceases.
|
2 |
| (i) The changes made by this amendatory Act of 1989 shall |
3 |
| apply to all
warrants issued within the 5 year period preceding |
4 |
| the effective date of
this amendatory Act of 1989.
|
5 |
| (j) All time limitations established under this Act and the |
6 |
| rules
promulgated under this Act shall be binding and |
7 |
| jurisdictional, except upon
extension authorized by law or rule |
8 |
| and granted pursuant to a motion timely filed.
|
9 |
| (Source: P.A. 86-458.)
|
10 |
| (705 ILCS 505/24) (from Ch. 37, par. 439.24)
|
11 |
| Sec. 24. Payment of awards.
|
12 |
| (1) From funds appropriated by the General Assembly for the |
13 |
| purposes
of this Section the Court may direct
immediate payment |
14 |
| of:
|
15 |
| (a) All claims arising solely as a result of the |
16 |
| lapsing of an
appropriation out of which the obligation |
17 |
| could have been paid.
|
18 |
| (b) All claims pursuant to the "Law Enforcement |
19 |
| Officers and Firemen
Compensation Act", approved September |
20 |
| 30, 1969, as amended.
|
21 |
| (c) All claims pursuant to the "Illinois National |
22 |
| Guardsman's and
Naval Militiaman's Compensation Act", |
23 |
| approved August 12, 1971, as
amended.
|
24 |
| (d) All claims pursuant to the "Crime Victims |
25 |
| Compensation Act",
approved August 23, 1973, as amended.
|
|
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09500HB0230ham002 |
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LRB095 04122 RLC 35367 a |
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| (e) All other claims wherein the amount of the award of |
2 |
| the Court
is less than $5,000.
|
3 |
| (2) The court may, from funds specifically appropriated |
4 |
| from the General
Revenue Fund for this purpose, direct the |
5 |
| payment of awards less than $50,000
solely as a result
of the |
6 |
| lapsing of an appropriation originally made from any fund held |
7 |
| by the
State Treasurer. For any such award paid from the |
8 |
| General Revenue Fund, the
court
shall thereafter seek an |
9 |
| appropriation from the fund from which the liability
originally |
10 |
| accrued in reimbursement of the General Revenue Fund.
|
11 |
| (3) From funds appropriated by the General Assembly for the |
12 |
| purposes of
paying claims under paragraph (c) of Section 8, the |
13 |
| court must direct payment
of each claim and the payment must be |
14 |
| received by the claimant within 60 days after the date that the |
15 |
| funds are appropriated for that purpose.
|
16 |
| (Source: P.A. 92-357, eff. 8-15-01.)
|
17 |
| (705 ILCS 505/24.5 new)
|
18 |
| Sec. 24.5. Applicability. This amendatory Act of the 95th |
19 |
| General Assembly shall apply to causes of action filed on or |
20 |
| after its effective date.
|
21 |
| Section 15. The Unified Code of Corrections is amended by |
22 |
| changing Section 3-3-2 and by adding Section 3-3-13.1 as |
23 |
| follows:
|
|
|
|
09500HB0230ham002 |
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LRB095 04122 RLC 35367 a |
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|
1 |
| (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
|
2 |
| Sec. 3-3-2. Powers and Duties.
|
3 |
| (a) The Parole and Pardon Board is abolished and the term |
4 |
| "Parole and
Pardon Board" as used in any law of Illinois, shall |
5 |
| read "Prisoner Review
Board." After the effective date of this |
6 |
| amendatory Act of 1977, the
Prisoner Review Board shall provide |
7 |
| by rule for the orderly transition of
all files, records, and |
8 |
| documents of the Parole and Pardon Board and for
such other |
9 |
| steps as may be necessary to effect an orderly transition and |
10 |
| shall:
|
11 |
| (1) hear by at least one member and through a panel of |
12 |
| at least 3 members
decide, cases of prisoners
who were |
13 |
| sentenced under the law in effect prior to the effective
|
14 |
| date of this amendatory Act of 1977, and who are eligible |
15 |
| for parole;
|
16 |
| (2) hear by at least one member and through a panel of |
17 |
| at least 3 members decide, the conditions of
parole and the |
18 |
| time of discharge from parole, impose sanctions for
|
19 |
| violations of parole, and revoke
parole for those sentenced |
20 |
| under the law in effect prior to this amendatory
Act of |
21 |
| 1977; provided that the decision to parole and the |
22 |
| conditions of
parole for all prisoners who were sentenced |
23 |
| for first degree murder or who
received a minimum sentence |
24 |
| of 20 years or more under the law in effect
prior to |
25 |
| February 1, 1978 shall be determined by a majority vote of |
26 |
| the
Prisoner Review Board;
|
|
|
|
09500HB0230ham002 |
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LRB095 04122 RLC 35367 a |
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|
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| (3) hear by at least one member and through a panel of |
2 |
| at least 3 members decide, the conditions
of mandatory |
3 |
| supervised release and the time of discharge from mandatory
|
4 |
| supervised release, impose sanctions for violations of |
5 |
| mandatory
supervised release, and revoke mandatory |
6 |
| supervised release for those
sentenced under the law in |
7 |
| effect after the effective date of this
amendatory Act of |
8 |
| 1977;
|
9 |
| (3.5) hear by at least one member and through a panel |
10 |
| of at least 3 members decide, the conditions of mandatory |
11 |
| supervised release and the time of discharge from mandatory |
12 |
| supervised release, to impose sanctions for violations of |
13 |
| mandatory supervised release and revoke mandatory |
14 |
| supervised release for those serving extended supervised |
15 |
| release terms pursuant to paragraph (4) of subsection (d) |
16 |
| of Section 5-8-1;
|
17 |
| (4) hear by at least 1 member and through a panel of at |
18 |
| least 3
members,
decide cases brought by the Department of |
19 |
| Corrections against a prisoner in
the custody of the |
20 |
| Department for alleged violation of Department rules
with |
21 |
| respect to good conduct credits pursuant to Section 3-6-3 |
22 |
| of this Code
in which the Department seeks to revoke good |
23 |
| conduct credits, if the amount
of time at issue exceeds 30 |
24 |
| days or when, during any 12 month period, the
cumulative |
25 |
| amount of credit revoked exceeds 30 days except where the
|
26 |
| infraction is committed or discovered within 60 days of |
|
|
|
09500HB0230ham002 |
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LRB095 04122 RLC 35367 a |
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1 |
| scheduled release.
In such cases, the Department of |
2 |
| Corrections may revoke up to 30 days of
good conduct |
3 |
| credit. The Board may subsequently approve the revocation |
4 |
| of
additional good conduct credit, if the Department seeks |
5 |
| to revoke good
conduct credit in excess of thirty days. |
6 |
| However, the Board shall not be
empowered to review the |
7 |
| Department's decision with respect to the loss of
30 days |
8 |
| of good conduct credit for any prisoner or to increase any |
9 |
| penalty
beyond the length requested by the Department;
|
10 |
| (5) hear by at least one member and through a panel of |
11 |
| at least 3
members decide, the
release dates for certain |
12 |
| prisoners sentenced under the law in existence
prior to the |
13 |
| effective date of this amendatory Act of 1977, in
|
14 |
| accordance with Section 3-3-2.1 of this Code;
|
15 |
| (6) hear by at least one member and through a panel of |
16 |
| at least 3 members
decide, all requests for pardon, |
17 |
| reprieve or commutation, and make confidential
|
18 |
| recommendations to the Governor;
|
19 |
| (7) comply with the requirements of the Open Parole |
20 |
| Hearings Act;
|
21 |
| (8) hear by at least one member and, through a panel of |
22 |
| at least 3
members, decide cases brought by the Department |
23 |
| of Corrections against a
prisoner in the custody of the |
24 |
| Department for court dismissal of a frivolous
lawsuit |
25 |
| pursuant to Section 3-6-3(d) of this Code in which the |
26 |
| Department seeks
to revoke up to 180 days of good conduct |
|
|
|
09500HB0230ham002 |
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LRB095 04122 RLC 35367 a |
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|
1 |
| credit, and if the prisoner has not
accumulated 180 days of |
2 |
| good conduct credit at the time of the dismissal, then
all |
3 |
| good conduct credit accumulated by the prisoner shall be |
4 |
| revoked;
and
|
5 |
| (9) hear by at least 3 members, and, through a panel of |
6 |
| at least 3
members, decide whether to grant certificates of |
7 |
| relief from
disabilities or certificates of good conduct as |
8 |
| provided in Article 5.5 of
Chapter V ; and
.
|
9 |
| (10) hear by at least one member and through a panel of |
10 |
| at least 3 members all requests for a certificate of |
11 |
| innocence and make a recommended decision to the Governor |
12 |
| as provided in Section 3-3-13.1 of this Code.
|
13 |
| (a-5) The Prisoner Review Board, with the cooperation of |
14 |
| and in
coordination with the Department of Corrections and the |
15 |
| Department of Central
Management Services, shall implement a |
16 |
| pilot project in 3 correctional
institutions providing for the |
17 |
| conduct of hearings under paragraphs (1) and
(4)
of subsection |
18 |
| (a) of this Section through interactive video conferences.
The
|
19 |
| project shall be implemented within 6 months after the |
20 |
| effective date of this
amendatory Act of 1996. Within 6 months |
21 |
| after the implementation of the pilot
project, the Prisoner |
22 |
| Review Board, with the cooperation of and in coordination
with |
23 |
| the Department of Corrections and the Department of Central |
24 |
| Management
Services, shall report to the Governor and the |
25 |
| General Assembly regarding the
use, costs, effectiveness, and |
26 |
| future viability of interactive video
conferences for Prisoner |
|
|
|
09500HB0230ham002 |
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LRB095 04122 RLC 35367 a |
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|
1 |
| Review Board hearings.
|
2 |
| (b) Upon recommendation of the Department the Board may |
3 |
| restore good
conduct credit previously revoked.
|
4 |
| (c) The Board shall cooperate with the Department in |
5 |
| promoting an
effective system of parole and mandatory |
6 |
| supervised release.
|
7 |
| (d) The Board shall promulgate rules for the conduct of its |
8 |
| work,
and the Chairman shall file a copy of such rules and any |
9 |
| amendments
thereto with the Director and with the Secretary of |
10 |
| State.
|
11 |
| (e) The Board shall keep records of all of its official |
12 |
| actions and
shall make them accessible in accordance with law |
13 |
| and the rules of the
Board.
|
14 |
| (f) The Board or one who has allegedly violated the |
15 |
| conditions of
his parole or mandatory supervised release may |
16 |
| require by subpoena the
attendance and testimony of witnesses |
17 |
| and the production of documentary
evidence relating to any |
18 |
| matter under investigation or hearing. The
Chairman of the |
19 |
| Board may sign subpoenas which shall be served by any
agent or |
20 |
| public official authorized by the Chairman of the Board, or by
|
21 |
| any person lawfully authorized to serve a subpoena under the |
22 |
| laws of the
State of Illinois. The attendance of witnesses, and |
23 |
| the production of
documentary evidence, may be required from |
24 |
| any place in the State to a
hearing location in the State |
25 |
| before the Chairman of the Board or his
designated agent or |
26 |
| agents or any duly constituted Committee or
Subcommittee of the |
|
|
|
09500HB0230ham002 |
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LRB095 04122 RLC 35367 a |
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|
1 |
| Board. Witnesses so summoned shall be paid the same
fees and |
2 |
| mileage that are paid witnesses in the circuit courts of the
|
3 |
| State, and witnesses whose depositions are taken and the |
4 |
| persons taking
those depositions are each entitled to the same |
5 |
| fees as are paid for
like services in actions in the circuit |
6 |
| courts of the State. Fees and
mileage shall be vouchered for |
7 |
| payment when the witness is discharged
from further attendance.
|
8 |
| In case of disobedience to a subpoena, the Board may |
9 |
| petition any
circuit court of the State for an order requiring |
10 |
| the attendance and
testimony of witnesses or the production of |
11 |
| documentary evidence or
both. A copy of such petition shall be |
12 |
| served by personal service or by
registered or certified mail |
13 |
| upon the person who has failed to obey the
subpoena, and such |
14 |
| person shall be advised in writing that a hearing
upon the |
15 |
| petition will be requested in a court room to be designated in
|
16 |
| such notice before the judge hearing motions or extraordinary |
17 |
| remedies
at a specified time, on a specified date, not less |
18 |
| than 10 nor more than
15 days after the deposit of the copy of |
19 |
| the written notice and petition
in the U.S. mails addressed to |
20 |
| the person at his last known address or
after the personal |
21 |
| service of the copy of the notice and petition upon
such |
22 |
| person. The court upon the filing of such a petition, may order |
23 |
| the
person refusing to obey the subpoena to appear at an |
24 |
| investigation or
hearing, or to there produce documentary |
25 |
| evidence, if so ordered, or to
give evidence relative to the |
26 |
| subject matter of that investigation or
hearing. Any failure to |
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| obey such order of the circuit court may be
punished by that |
2 |
| court as a contempt of court.
|
3 |
| Each member of the Board and any hearing officer designated |
4 |
| by the
Board shall have the power to administer oaths and to |
5 |
| take the testimony
of persons under oath.
|
6 |
| (g) Except under subsection (a) of this Section, a majority |
7 |
| of the
members then appointed to the Prisoner Review Board |
8 |
| shall constitute a
quorum for the transaction of all business |
9 |
| of the Board.
|
10 |
| (h) The Prisoner Review Board shall annually transmit to |
11 |
| the
Director a detailed report of its work for the preceding |
12 |
| calendar year.
The annual report shall also be transmitted to |
13 |
| the Governor for
submission to the Legislature.
|
14 |
| (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
|
15 |
| (730 ILCS 5/3-3-13.1 new)
|
16 |
| Sec. 3-3-13.1. Procedure for certificate of innocence; |
17 |
| procedure for claimant to obtain a certificate of innocence of |
18 |
| all offenses for which he or she was incarcerated. |
19 |
| (a) Any person convicted and subsequently imprisoned for |
20 |
| one or more felonies by the State of Illinois which he or she |
21 |
| did not commit may, under the conditions hereinafter provided, |
22 |
| file a petition for a certificate of innocence with the |
23 |
| Prisoner Review Board in order to obtain compensation in the |
24 |
| Court of Claims. The Legislature finds and declares that |
25 |
| innocent persons who have been wrongly convicted of crimes in |
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| Illinois and subsequently imprisoned have been frustrated in |
2 |
| seeking legal redress due to a variety of substantive and |
3 |
| technical obstacles in the law and that such persons should |
4 |
| have an available avenue to obtain a finding of innocence so |
5 |
| that they may obtain relief through the Prisoner Review Board. |
6 |
| It is the intent of the Legislature that the Prisoner Review |
7 |
| Board, in exercising its discretion as permitted by law |
8 |
| regarding the weight and admissibility of evidence submitted |
9 |
| pursuant to this Section, shall, in the interest of justice, |
10 |
| give due consideration to difficulties of proof caused by the |
11 |
| passage of time, the death or unavailability of witnesses, the |
12 |
| destruction of evidence or other factors not caused by such |
13 |
| persons or those acting on their behalf. |
14 |
| (b) In order to present the claim for unjust conviction and |
15 |
| imprisonment, the claimant must establish by documentary |
16 |
| evidence attached to the petition that: |
17 |
| (1) he or she has been convicted of one or more |
18 |
| felonies by the State of Illinois and subsequently |
19 |
| sentenced to a term of imprisonment, and has served all or |
20 |
| any part of the sentence; |
21 |
| (2) his or her judgment of conviction was reversed or |
22 |
| vacated, and the indictment or information dismissed or, if |
23 |
| a new trial was ordered, either he was found not guilty at |
24 |
| the new trial or he or she was not retried and the |
25 |
| indictment or information dismissed; or the statute, or |
26 |
| application thereof, on which the indictment or |
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| information was based, violated the Constitution of the |
2 |
| United States or the State of Illinois; and |
3 |
| (3) his or her claim is not time barred by the time |
4 |
| limitations set out in paragraph (d) of this Section. |
5 |
| (c) The petition shall state facts in sufficient detail to |
6 |
| permit the Prisoner Review Board to find that claimant is |
7 |
| likely to succeed at trial in proving that: (1) the claimant is |
8 |
| innocent of the offenses charged in the indictment or |
9 |
| information or (2) his or her acts or omissions charged in the |
10 |
| indictment or information did not constitute a felony or |
11 |
| misdemeanor against the State of Illinois, and (3) the claimant |
12 |
| did not by his or her own conduct voluntarily cause or bring |
13 |
| about his or her conviction. The petition shall be verified by |
14 |
| the claimant. If the Prisoner Review Board finds after |
15 |
| reviewing the petition that claimant is not likely to succeed |
16 |
| at trial, it shall dismiss the claim, either on its own motion |
17 |
| or on the motion of the State's Attorney or Attorney General. |
18 |
| (d) Any person seeking a certificate of innocence based on |
19 |
| the dismissal of an indictment or information or acquittal that |
20 |
| occurred before the effective date of this amendatory Act of |
21 |
| the 95th General Assembly shall file his or her petition within |
22 |
| 2 years after the effective date of this amendatory Act of the |
23 |
| 95th General Assembly. Any person seeking a certificate of |
24 |
| innocence based on the dismissal of an indictment or |
25 |
| information or acquittal that occurred on or after the |
26 |
| effective date of this amendatory Act of the 95th General |
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LRB095 04122 RLC 35367 a |
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| Assembly shall file his or her petition within 2 years after |
2 |
| the dismissal. |
3 |
| (e) A copy of the petition shall be given by the Board to |
4 |
| the Attorney General, the committing court, and the State's |
5 |
| Attorney of the county where the conviction was had. |
6 |
| (f) The Board shall, upon due notice, give a hearing to |
7 |
| each application, allowing representation by counsel. The |
8 |
| Attorney General and the State's Attorney of the county where |
9 |
| the conviction was had shall be permitted to intervene as |
10 |
| interested parties in any proceeding brought under this |
11 |
| Section. |
12 |
| (g) In order to obtain a certificate of innocence in his or |
13 |
| her favor, the claimant must prove by a preponderance of |
14 |
| evidence that: |
15 |
| (1) The claimant was convicted of one or more felonies |
16 |
| by the People of the State of Illinois and subsequently |
17 |
| sentenced to a term of imprisonment, and has served all or |
18 |
| any part of the sentence; |
19 |
| (2) (A) The judgment of conviction was reversed or |
20 |
| vacated, and the indictment or information dismissed or, if |
21 |
| a new trial was ordered, either the claimant was found not |
22 |
| guilty at the new trial or the claimant was not retried and |
23 |
| the indictment or information dismissed; or
(B) the |
24 |
| statute, or application thereof, on which the indictment or |
25 |
| information was based violated the Constitution of the |
26 |
| United States or the State of Illinois; |
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LRB095 04122 RLC 35367 a |
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| (3) The claimant is innocent of the offenses charged in |
2 |
| the indictment or information or his or her acts or |
3 |
| omissions charged in the indictment, or information did not |
4 |
| constitute a felony or misdemeanor against the State of |
5 |
| Illinois; and |
6 |
| (4) The claimant did not by his or her own conduct |
7 |
| voluntarily cause or bring about his or her conviction. |
8 |
| (h) If the Prisoner Review Board finds that the claimant |
9 |
| has met his or her burden of proof, it shall enter a |
10 |
| recommended decision that the claimant was innocent of all |
11 |
| offenses for which he or she was incarcerated. |
12 |
| (i) A copy of the recommended decision shall be promptly |
13 |
| forwarded to the Governor, the claimant, the Attorney General, |
14 |
| and the State's Attorney of the county where the conviction was |
15 |
| had. |
16 |
| (j) Within 30 days after entry of the recommended decision, |
17 |
| the claimant, the Attorney General, and the State's Attorney of |
18 |
| the county where the conviction was had may file with the |
19 |
| Governor objections to the recommended decision. The party |
20 |
| filing an objection shall mail a copy to all parties. Within 30 |
21 |
| days of receipt of the objection, any party may file with the |
22 |
| Governor a response to any objection. The party filing a |
23 |
| response shall mail a copy to all parties. |
24 |
| (k) The Governor may make a final decision which agrees or |
25 |
| disagrees with or modifies the recommended decision within 120 |
26 |
| days after the issuance of the recommended decision. The |
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LRB095 04122 RLC 35367 a |
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| Governor's timely decision shall be the final decision as to |
2 |
| the petition for a certificate of innocence. Where the Governor |
3 |
| fails to enter a decision within 120 days after the issuance of |
4 |
| the recommended decision, the recommended decision shall be the |
5 |
| final decision as to the petition for a certificate of |
6 |
| innocence. A copy of the final decision shall be sent to the |
7 |
| claimant, the Attorney General and the State's Attorney of the |
8 |
| county where the conviction was had. |
9 |
| (l) The decision as to the claimant's guilt or innocence |
10 |
| shall be binding only with respect to claims filed in the Court |
11 |
| of Claims and shall not have a res judicata effect on any other |
12 |
| proceedings.
|
13 |
| Section 99. Effective date. This Act takes effect upon |
14 |
| becoming law.".
|