|
|
|
HB0855 Enrolled |
|
LRB095 03681 RLC 23708 b |
|
|
1 |
| AN ACT concerning criminal law.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Unified Code of Corrections is amended by |
5 |
| changing Section 3-3-9 as follows:
|
6 |
| (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
|
7 |
| Sec. 3-3-9. Violations; changes of conditions; preliminary
|
8 |
| hearing; revocation of parole or mandatory supervised release;
|
9 |
| revocation hearing.
|
10 |
| (a) If prior to expiration or termination of the term of
|
11 |
| parole or mandatory supervised release, a person violates a
|
12 |
| condition set by the Prisoner Review Board or a condition of |
13 |
| parole or
mandatory supervised release under Section 3-3-7 of |
14 |
| this Code to govern that
term,
the Board may:
|
15 |
| (1) continue the existing term, with or without |
16 |
| modifying or
enlarging the conditions; or
|
17 |
| (2) parole or release the person to a half-way house; |
18 |
| or
|
19 |
| (3) revoke the parole or mandatory supervised release |
20 |
| and
reconfine the person for a term computed in the |
21 |
| following
manner:
|
22 |
| (i) (A) For those sentenced under the law in effect |
23 |
| prior to
this amendatory Act of 1977, the recommitment |
|
|
|
HB0855 Enrolled |
- 2 - |
LRB095 03681 RLC 23708 b |
|
|
1 |
| shall be for any
portion of the imposed maximum term of |
2 |
| imprisonment or confinement
which had not been served |
3 |
| at the time of parole and the parole
term, less the |
4 |
| time elapsed between the parole of the person and
the |
5 |
| commission of the violation for which parole was |
6 |
| revoked;
|
7 |
| (B) Except as set forth in paragraph (C), for
those |
8 |
| subject to mandatory supervised release under
|
9 |
| paragraph (d) of Section 5-8-1 of this Code, the |
10 |
| recommitment
shall be for the total mandatory |
11 |
| supervised release term, less
the time elapsed between |
12 |
| the release of the person and the
commission of the |
13 |
| violation for which mandatory supervised
release is |
14 |
| revoked. The Board may also order that a prisoner
serve |
15 |
| up to one year of the sentence imposed by the court |
16 |
| which
was not served due to the accumulation of good |
17 |
| conduct credit;
|
18 |
| (C) For those subject to sex offender supervision |
19 |
| under clause (d)(4) of Section 5-8-1 of this Code, the |
20 |
| reconfinement period for violations of clauses (a)(3) |
21 |
| through (b-1)(15) of Section 3-3-7 shall not exceed 2 |
22 |
| years from the date of reconfinement.
|
23 |
| (ii) the person shall be given credit against the |
24 |
| term of
reimprisonment or reconfinement for time spent |
25 |
| in custody
since he was paroled or released which has |
26 |
| not been credited
against another sentence or period of |
|
|
|
HB0855 Enrolled |
- 3 - |
LRB095 03681 RLC 23708 b |
|
|
1 |
| confinement;
|
2 |
| (iii) persons committed under the Juvenile Court |
3 |
| Act or the Juvenile
Court Act of 1987 shall be |
4 |
| recommitted until the age of 21;
|
5 |
| (iv) this Section is subject to the release under
|
6 |
| supervision and the reparole and rerelease provisions |
7 |
| of Section
3-3-10.
|
8 |
| (b) The Board may revoke parole or mandatory supervised
|
9 |
| release for violation of a condition for the duration of the
|
10 |
| term and for any further period which is reasonably necessary
|
11 |
| for the adjudication of matters arising before its expiration.
|
12 |
| The issuance of a warrant of arrest for an alleged violation
of |
13 |
| the conditions of parole or mandatory supervised release
shall |
14 |
| toll the running of the term until the final determination of |
15 |
| the
charge . When , but where
parole or mandatory supervised |
16 |
| release is not revoked
that period shall be credited to the |
17 |
| term , unless a community-based sanction is imposed as an |
18 |
| alternative to revocation and reincarceration, including a |
19 |
| diversion established by the Illinois Department of |
20 |
| Corrections Parole Services Unit prior to the holding of a |
21 |
| preliminary parole revocation hearing. Parolees who are |
22 |
| diverted to a community-based sanction shall serve the entire |
23 |
| term of parole or mandatory supervised release, if otherwise |
24 |
| appropriate .
|
25 |
| (b-5) The Board shall revoke parole or mandatory supervised |
26 |
| release for violation of the conditions prescribed in paragraph |
|
|
|
HB0855 Enrolled |
- 4 - |
LRB095 03681 RLC 23708 b |
|
|
1 |
| (7.6) of subsection (a) of Section 3-3-7. |
2 |
| (c) A person charged with violating a condition of parole |
3 |
| or
mandatory supervised release shall have a preliminary |
4 |
| hearing
before a hearing officer designated by the Board to |
5 |
| determine
if there is cause to hold the person for a revocation |
6 |
| hearing.
However, no preliminary hearing need be held when |
7 |
| revocation is based
upon new criminal charges and a court finds |
8 |
| probable cause on the new
criminal charges or when the |
9 |
| revocation
is based upon a new criminal conviction and a |
10 |
| certified copy of
that conviction is available.
|
11 |
| (d) Parole or mandatory supervised release shall not be
|
12 |
| revoked without written notice to the offender setting forth
|
13 |
| the violation of parole or mandatory supervised release charged
|
14 |
| against him.
|
15 |
| (e) A hearing on revocation shall be conducted before at
|
16 |
| least one member of the Prisoner Review Board. The Board may
|
17 |
| meet and order its actions in panels of 3 or more members.
The |
18 |
| action of a majority of the panel shall be the action of
the |
19 |
| Board. In consideration of persons committed to the Department |
20 |
| of Juvenile Justice, the member hearing the matter and at least |
21 |
| a majority
of the panel shall be experienced in juvenile |
22 |
| matters. A record
of the hearing shall be made. At the hearing |
23 |
| the offender shall
be permitted to:
|
24 |
| (1) appear and answer the charge; and
|
25 |
| (2) bring witnesses on his behalf.
|
26 |
| (f) The Board shall either revoke parole or mandatory
|
|
|
|
HB0855 Enrolled |
- 5 - |
LRB095 03681 RLC 23708 b |
|
|
1 |
| supervised release or order the person's term continued with
or |
2 |
| without modification or enlargement of the conditions.
|
3 |
| (g) Parole or mandatory supervised release shall not be
|
4 |
| revoked for failure to make payments under the conditions of
|
5 |
| parole or release unless the Board determines that such failure |
6 |
| is
due to the offender's willful refusal to pay.
|
7 |
| (Source: P.A. 94-161, eff. 7-11-05; 94-165, eff. 7-11-05; |
8 |
| 94-696, eff. 6-1-06 .)
|
9 |
| Section 99. Effective date. This Act takes effect upon |
10 |
| becoming law.
|