Full Text of HB3712 99th General Assembly
HB3712 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3712 Introduced , by Rep. Edward J. Acevedo SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-3-1 | from Ch. 38, par. 1003-3-1 |
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Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the establishment and appointment of the Prisoner Review Board.
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| | A BILL FOR |
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| 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 3-3-1 as follows:
| 6 | | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
| 7 | | Sec. 3-3-1. Establishment and Appointment of Prisoner | 8 | | Review Board.
| 9 | | (a) There shall be a Prisoner Review Board independent of | 10 | | the the Department
of Corrections which shall be:
| 11 | | (1) the paroling authority for persons sentenced under | 12 | | the
law in effect prior to the effective date of this | 13 | | amendatory
Act of 1977;
| 14 | | (1.5) the authority for hearing and deciding the time | 15 | | of aftercare release for persons adjudicated delinquent | 16 | | under the Juvenile Court Act of 1987;
| 17 | | (2) the board of review for cases involving the | 18 | | revocation
of sentence credits or a suspension or reduction | 19 | | in the
rate of accumulating the credit;
| 20 | | (3) the board of review and recommendation for the | 21 | | exercise
of executive clemency by the Governor;
| 22 | | (4) the authority for establishing release dates for
| 23 | | certain prisoners sentenced under the law in existence |
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| 1 | | prior
to the effective date of this amendatory Act of 1977, | 2 | | in
accordance with Section 3-3-2.1 of this Code;
| 3 | | (5) the authority for setting conditions for parole,
| 4 | | mandatory supervised release under Section 5-8-1(a) of | 5 | | this
Code, and aftercare release, and determining whether a | 6 | | violation of those conditions
warrant revocation of | 7 | | parole, aftercare release, or mandatory supervised release
| 8 | | or the imposition of other sanctions.
| 9 | | (b) The Board shall consist of 15 persons appointed by
the | 10 | | Governor by and with the advice and consent of the Senate.
One | 11 | | member of the Board shall be designated by the Governor
to be | 12 | | Chairman and shall serve as Chairman at the pleasure of
the | 13 | | Governor. The members of the Board shall have had at
least 5 | 14 | | years of actual experience in the fields of penology,
| 15 | | corrections work, law enforcement, sociology, law, education,
| 16 | | social work, medicine, psychology, other behavioral sciences,
| 17 | | or a combination thereof. At least 6 members so appointed
must | 18 | | have had at least 3 years experience in the field of
juvenile | 19 | | matters. No more than 8 Board members may be members
of the | 20 | | same political party.
| 21 | | Each member of the Board shall serve on a full-time basis
| 22 | | and shall not hold any other salaried public office, whether | 23 | | elective or
appointive, nor any other office or position of | 24 | | profit, nor engage in any
other business, employment, or | 25 | | vocation. The Chairman of the Board shall
receive $35,000 a | 26 | | year, or an amount set by the Compensation Review Board,
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| 1 | | whichever is greater, and each other member $30,000, or an | 2 | | amount set by the
Compensation Review Board, whichever is | 3 | | greater.
| 4 | | (c) Notwithstanding any other provision of this Section,
| 5 | | the term of each member of the Board
who was appointed by the | 6 | | Governor and is in office on June 30, 2003 shall
terminate at | 7 | | the close of business on that date or when all of the successor
| 8 | | members to be appointed pursuant to this amendatory Act of the | 9 | | 93rd General
Assembly have been appointed by the Governor, | 10 | | whichever occurs later. As soon
as possible, the Governor shall | 11 | | appoint persons to fill the vacancies created
by this | 12 | | amendatory Act.
| 13 | | Of the initial members appointed under this amendatory Act | 14 | | of the 93rd
General Assembly, the Governor shall appoint 5 | 15 | | members whose terms shall expire
on the third Monday
in January | 16 | | 2005, 5 members whose terms shall expire on the
third Monday in | 17 | | January 2007, and 5 members whose terms
shall expire on the | 18 | | third Monday in January 2009. Their respective successors
shall | 19 | | be appointed for terms of 6 years from the third Monday
in | 20 | | January of the year of appointment. Each member shall
serve | 21 | | until his or her successor is appointed and qualified.
| 22 | | Any member may be removed by the Governor for incompetence, | 23 | | neglect of duty,
malfeasance or inability to serve.
| 24 | | (d) The Chairman of the Board shall be its chief executive | 25 | | and
administrative officer. The Board may have an Executive | 26 | | Director; if so,
the Executive Director shall be appointed by |
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| 1 | | the Governor with the advice and
consent of the Senate. The | 2 | | salary and duties of the Executive Director shall
be fixed by | 3 | | the Board.
| 4 | | (Source: P.A. 97-697, eff. 6-22-12; 98-558, eff. 1-1-14.)
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