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Full Text of HB2515  100th General Assembly

HB2515ham004 100TH GENERAL ASSEMBLY

Rep. Barbara Flynn Currie

Filed: 4/27/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2515

2    AMENDMENT NO. ______. Amend House Bill 2515, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Unified Code of Corrections is amended by
6changing Sections 3-3-1, 3-3-2, 5-4.5-20, 5-4.5-25, 5-4.5-30,
7and 5-8-1 and by adding Section 5-4.5-110 as follows:
 
8    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
9    Sec. 3-3-1. Establishment and appointment of Prisoner
10Review Board.
11    (a) There shall be a Prisoner Review Board independent of
12the Department which shall be:
13        (1) the paroling authority for persons sentenced under
14    the law in effect prior to the effective date of this
15    amendatory Act of 1977;
16        (1.2) the paroling authority for persons eligible for

 

 

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1    parole review under Section 5-4.5-110;
2        (1.5) (blank);
3        (2) the board of review for cases involving the
4    revocation of sentence credits or a suspension or reduction
5    in the rate of accumulating the credit;
6        (3) the board of review and recommendation for the
7    exercise of executive clemency by the Governor;
8        (4) the authority for establishing release dates for
9    certain prisoners sentenced under the law in existence
10    prior to the effective date of this amendatory Act of 1977,
11    in accordance with Section 3-3-2.1 of this Code;
12        (5) the authority for setting conditions for parole and
13    mandatory supervised release under Section 5-8-1(a) of
14    this Code, and determining whether a violation of those
15    conditions warrant revocation of parole or mandatory
16    supervised release or the imposition of other sanctions;
17    and
18        (6) the authority for determining whether a violation
19    of aftercare release conditions warrant revocation of
20    aftercare release.
21    (b) The Board shall consist of 15 persons appointed by the
22Governor by and with the advice and consent of the Senate. One
23member of the Board shall be designated by the Governor to be
24Chairman and shall serve as Chairman at the pleasure of the
25Governor. The members of the Board shall have had at least 5
26years of actual experience in the fields of penology,

 

 

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1corrections work, law enforcement, sociology, law, education,
2social work, medicine, psychology, other behavioral sciences,
3or a combination thereof. At least 6 members so appointed must
4have had at least 3 years experience in the field of juvenile
5matters. No more than 8 Board members may be members of the
6same political party.
7    Each member of the Board shall serve on a full-time basis
8and shall not hold any other salaried public office, whether
9elective or appointive, nor any other office or position of
10profit, nor engage in any other business, employment, or
11vocation. The Chairman of the Board shall receive $35,000 a
12year, or an amount set by the Compensation Review Board,
13whichever is greater, and each other member $30,000, or an
14amount set by the Compensation Review Board, whichever is
15greater.
16    (c) Notwithstanding any other provision of this Section,
17the term of each member of the Board who was appointed by the
18Governor and is in office on June 30, 2003 shall terminate at
19the close of business on that date or when all of the successor
20members to be appointed pursuant to this amendatory Act of the
2193rd General Assembly have been appointed by the Governor,
22whichever occurs later. As soon as possible, the Governor shall
23appoint persons to fill the vacancies created by this
24amendatory Act.
25    Of the initial members appointed under this amendatory Act
26of the 93rd General Assembly, the Governor shall appoint 5

 

 

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1members whose terms shall expire on the third Monday in January
22005, 5 members whose terms shall expire on the third Monday in
3January 2007, and 5 members whose terms shall expire on the
4third Monday in January 2009. Their respective successors shall
5be appointed for terms of 6 years from the third Monday in
6January of the year of appointment. Each member shall serve
7until his or her successor is appointed and qualified.
8    Any member may be removed by the Governor for incompetence,
9neglect of duty, malfeasance or inability to serve.
10    (d) The Chairman of the Board shall be its chief executive
11and administrative officer. The Board may have an Executive
12Director; if so, the Executive Director shall be appointed by
13the Governor with the advice and consent of the Senate. The
14salary and duties of the Executive Director shall be fixed by
15the Board.
16(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
17    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
18    Sec. 3-3-2. Powers and duties.
19    (a) The Parole and Pardon Board is abolished and the term
20"Parole and Pardon Board" as used in any law of Illinois, shall
21read "Prisoner Review Board." After the effective date of this
22amendatory Act of 1977, the Prisoner Review Board shall provide
23by rule for the orderly transition of all files, records, and
24documents of the Parole and Pardon Board and for such other
25steps as may be necessary to effect an orderly transition and

 

 

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1shall:
2        (1) hear by at least one member and through a panel of
3    at least 3 members decide, cases of prisoners who were
4    sentenced under the law in effect prior to the effective
5    date of this amendatory Act of 1977, and who are eligible
6    for parole;
7        (2) hear by at least one member and through a panel of
8    at least 3 members decide, the conditions of parole and the
9    time of discharge from parole, impose sanctions for
10    violations of parole, and revoke parole for those sentenced
11    under the law in effect prior to this amendatory Act of
12    1977; provided that the decision to parole and the
13    conditions of parole for all prisoners who were sentenced
14    for first degree murder or who received a minimum sentence
15    of 20 years or more under the law in effect prior to
16    February 1, 1978 shall be determined by a majority vote of
17    the Prisoner Review Board. One representative supporting
18    parole and one representative opposing parole will be
19    allowed to speak. Their comments shall be limited to making
20    corrections and filling in omissions to the Board's
21    presentation and discussion;
22        (3) hear by at least one member and through a panel of
23    at least 3 members decide, the conditions of mandatory
24    supervised release and the time of discharge from mandatory
25    supervised release, impose sanctions for violations of
26    mandatory supervised release, and revoke mandatory

 

 

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1    supervised release for those sentenced under the law in
2    effect after the effective date of this amendatory Act of
3    1977;
4        (3.5) hear by at least one member and through a panel
5    of at least 3 members decide, the conditions of mandatory
6    supervised release and the time of discharge from mandatory
7    supervised release, to impose sanctions for violations of
8    mandatory supervised release and revoke mandatory
9    supervised release for those serving extended supervised
10    release terms pursuant to paragraph (4) of subsection (d)
11    of Section 5-8-1;
12        (3.6) hear by at least one member and through a panel
13    of at least 3 members decide whether to revoke aftercare
14    release for those committed to the Department of Juvenile
15    Justice under the Juvenile Court Act of 1987;
16        (4) hear by at least one member and through a panel of
17    at least 3 members, decide cases brought by the Department
18    of Corrections against a prisoner in the custody of the
19    Department for alleged violation of Department rules with
20    respect to sentence credits under Section 3-6-3 of this
21    Code in which the Department seeks to revoke sentence
22    credits, if the amount of time at issue exceeds 30 days or
23    when, during any 12 month period, the cumulative amount of
24    credit revoked exceeds 30 days except where the infraction
25    is committed or discovered within 60 days of scheduled
26    release. In such cases, the Department of Corrections may

 

 

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1    revoke up to 30 days of sentence credit. The Board may
2    subsequently approve the revocation of additional sentence
3    credit, if the Department seeks to revoke sentence credit
4    in excess of thirty days. However, the Board shall not be
5    empowered to review the Department's decision with respect
6    to the loss of 30 days of sentence credit for any prisoner
7    or to increase any penalty beyond the length requested by
8    the Department;
9        (5) hear by at least one member and through a panel of
10    at least 3 members decide, the release dates for certain
11    prisoners sentenced under the law in existence prior to the
12    effective date of this amendatory Act of 1977, in
13    accordance with Section 3-3-2.1 of this Code;
14        (6) hear by at least one member and through a panel of
15    at least 3 members decide, all requests for pardon,
16    reprieve or commutation, and make confidential
17    recommendations to the Governor;
18        (6.5) hear, by at least one member who is qualified in
19    the field of juvenile matters parole review cases in
20    accordance with Section 5-4.5-110 of this Code, and through
21    a panel of at least 3 members who are qualified in the
22    field of juvenile matters, make release determinations of
23    persons under the age of 21 at the time of the commission
24    of an offense or offenses;
25        (7) comply with the requirements of the Open Parole
26    Hearings Act;

 

 

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1        (8) hear by at least one member and, through a panel of
2    at least 3 members, decide cases brought by the Department
3    of Corrections against a prisoner in the custody of the
4    Department for court dismissal of a frivolous lawsuit
5    pursuant to Section 3-6-3(d) of this Code in which the
6    Department seeks to revoke up to 180 days of sentence
7    credit, and if the prisoner has not accumulated 180 days of
8    sentence credit at the time of the dismissal, then all
9    sentence credit accumulated by the prisoner shall be
10    revoked;
11        (9) hear by at least 3 members, and, through a panel of
12    at least 3 members, decide whether to grant certificates of
13    relief from disabilities or certificates of good conduct as
14    provided in Article 5.5 of Chapter V;
15        (10) upon a petition by a person who has been convicted
16    of a Class 3 or Class 4 felony and who meets the
17    requirements of this paragraph, hear by at least 3 members
18    and, with the unanimous vote of a panel of 3 members, issue
19    a certificate of eligibility for sealing recommending that
20    the court order the sealing of all official records of the
21    arresting authority, the circuit court clerk, and the
22    Department of State Police concerning the arrest and
23    conviction for the Class 3 or 4 felony. A person may not
24    apply to the Board for a certificate of eligibility for
25    sealing:
26            (A) until 5 years have elapsed since the expiration

 

 

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1        of his or her sentence;
2            (B) until 5 years have elapsed since any arrests or
3        detentions by a law enforcement officer for an alleged
4        violation of law, other than a petty offense, traffic
5        offense, conservation offense, or local ordinance
6        offense;
7            (C) if convicted of a violation of the Cannabis
8        Control Act, Illinois Controlled Substances Act, the
9        Methamphetamine Control and Community Protection Act,
10        the Methamphetamine Precursor Control Act, or the
11        Methamphetamine Precursor Tracking Act unless the
12        petitioner has completed a drug abuse program for the
13        offense on which sealing is sought and provides proof
14        that he or she has completed the program successfully;
15            (D) if convicted of:
16                (i) a sex offense described in Article 11 or
17            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
18            the Criminal Code of 1961 or the Criminal Code of
19            2012;
20                (ii) aggravated assault;
21                (iii) aggravated battery;
22                (iv) domestic battery;
23                (v) aggravated domestic battery;
24                (vi) violation of an order of protection;
25                (vii) an offense under the Criminal Code of
26            1961 or the Criminal Code of 2012 involving a

 

 

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1            firearm;
2                (viii) driving while under the influence of
3            alcohol, other drug or drugs, intoxicating
4            compound or compounds or any combination thereof;
5                (ix) aggravated driving while under the
6            influence of alcohol, other drug or drugs,
7            intoxicating compound or compounds or any
8            combination thereof; or
9                (x) any crime defined as a crime of violence
10            under Section 2 of the Crime Victims Compensation
11            Act.
12        If a person has applied to the Board for a certificate
13    of eligibility for sealing and the Board denies the
14    certificate, the person must wait at least 4 years before
15    filing again or filing for pardon from the Governor unless
16    the Chairman of the Prisoner Review Board grants a waiver.
17        The decision to issue or refrain from issuing a
18    certificate of eligibility for sealing shall be at the
19    Board's sole discretion, and shall not give rise to any
20    cause of action against either the Board or its members.
21        The Board may only authorize the sealing of Class 3 and
22    4 felony convictions of the petitioner from one information
23    or indictment under this paragraph (10). A petitioner may
24    only receive one certificate of eligibility for sealing
25    under this provision for life; and
26        (11) upon a petition by a person who after having been

 

 

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1    convicted of a Class 3 or Class 4 felony thereafter served
2    in the United States Armed Forces or National Guard of this
3    or any other state and had received an honorable discharge
4    from the United States Armed Forces or National Guard or
5    who at the time of filing the petition is enlisted in the
6    United States Armed Forces or National Guard of this or any
7    other state and served one tour of duty and who meets the
8    requirements of this paragraph, hear by at least 3 members
9    and, with the unanimous vote of a panel of 3 members, issue
10    a certificate of eligibility for expungement recommending
11    that the court order the expungement of all official
12    records of the arresting authority, the circuit court
13    clerk, and the Department of State Police concerning the
14    arrest and conviction for the Class 3 or 4 felony. A person
15    may not apply to the Board for a certificate of eligibility
16    for expungement:
17            (A) if convicted of:
18                (i) a sex offense described in Article 11 or
19            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
20            the Criminal Code of 1961 or Criminal Code of 2012;
21                (ii) an offense under the Criminal Code of 1961
22            or Criminal Code of 2012 involving a firearm; or
23                (iii) a crime of violence as defined in Section
24            2 of the Crime Victims Compensation Act; or
25            (B) if the person has not served in the United
26        States Armed Forces or National Guard of this or any

 

 

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1        other state or has not received an honorable discharge
2        from the United States Armed Forces or National Guard
3        of this or any other state or who at the time of the
4        filing of the petition is serving in the United States
5        Armed Forces or National Guard of this or any other
6        state and has not completed one tour of duty.
7        If a person has applied to the Board for a certificate
8    of eligibility for expungement and the Board denies the
9    certificate, the person must wait at least 4 years before
10    filing again or filing for a pardon with authorization for
11    expungement from the Governor unless the Governor or
12    Chairman of the Prisoner Review Board grants a waiver.
13    (a-5) The Prisoner Review Board, with the cooperation of
14and in coordination with the Department of Corrections and the
15Department of Central Management Services, shall implement a
16pilot project in 3 correctional institutions providing for the
17conduct of hearings under paragraphs (1) and (4) of subsection
18(a) of this Section through interactive video conferences. The
19project shall be implemented within 6 months after the
20effective date of this amendatory Act of 1996. Within 6 months
21after the implementation of the pilot project, the Prisoner
22Review Board, with the cooperation of and in coordination with
23the Department of Corrections and the Department of Central
24Management Services, shall report to the Governor and the
25General Assembly regarding the use, costs, effectiveness, and
26future viability of interactive video conferences for Prisoner

 

 

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1Review Board hearings.
2    (b) Upon recommendation of the Department the Board may
3restore sentence credit previously revoked.
4    (c) The Board shall cooperate with the Department in
5promoting an effective system of parole and mandatory
6supervised release.
7    (d) The Board shall promulgate rules for the conduct of its
8work, and the Chairman shall file a copy of such rules and any
9amendments thereto with the Director and with the Secretary of
10State.
11    (e) The Board shall keep records of all of its official
12actions and shall make them accessible in accordance with law
13and the rules of the Board.
14    (f) The Board or one who has allegedly violated the
15conditions of his or her parole, aftercare release, or
16mandatory supervised release may require by subpoena the
17attendance and testimony of witnesses and the production of
18documentary evidence relating to any matter under
19investigation or hearing. The Chairman of the Board may sign
20subpoenas which shall be served by any agent or public official
21authorized by the Chairman of the Board, or by any person
22lawfully authorized to serve a subpoena under the laws of the
23State of Illinois. The attendance of witnesses, and the
24production of documentary evidence, may be required from any
25place in the State to a hearing location in the State before
26the Chairman of the Board or his or her designated agent or

 

 

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1agents or any duly constituted Committee or Subcommittee of the
2Board. Witnesses so summoned shall be paid the same fees and
3mileage that are paid witnesses in the circuit courts of the
4State, and witnesses whose depositions are taken and the
5persons taking those depositions are each entitled to the same
6fees as are paid for like services in actions in the circuit
7courts of the State. Fees and mileage shall be vouchered for
8payment when the witness is discharged from further attendance.
9    In case of disobedience to a subpoena, the Board may
10petition any circuit court of the State for an order requiring
11the attendance and testimony of witnesses or the production of
12documentary evidence or both. A copy of such petition shall be
13served by personal service or by registered or certified mail
14upon the person who has failed to obey the subpoena, and such
15person shall be advised in writing that a hearing upon the
16petition will be requested in a court room to be designated in
17such notice before the judge hearing motions or extraordinary
18remedies at a specified time, on a specified date, not less
19than 10 nor more than 15 days after the deposit of the copy of
20the written notice and petition in the U.S. mails addressed to
21the person at his last known address or after the personal
22service of the copy of the notice and petition upon such
23person. The court upon the filing of such a petition, may order
24the person refusing to obey the subpoena to appear at an
25investigation or hearing, or to there produce documentary
26evidence, if so ordered, or to give evidence relative to the

 

 

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1subject matter of that investigation or hearing. Any failure to
2obey such order of the circuit court may be punished by that
3court as a contempt of court.
4    Each member of the Board and any hearing officer designated
5by the Board shall have the power to administer oaths and to
6take the testimony of persons under oath.
7    (g) Except under subsection (a) of this Section, a majority
8of the members then appointed to the Prisoner Review Board
9shall constitute a quorum for the transaction of all business
10of the Board.
11    (h) The Prisoner Review Board shall annually transmit to
12the Director a detailed report of its work for the preceding
13calendar year. The annual report shall also be transmitted to
14the Governor for submission to the Legislature.
15(Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14;
1698-756, eff. 7-16-14; 99-628, eff. 1-1-17.)
 
17    (730 ILCS 5/5-4.5-20)
18    Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
19degree murder:
20    (a) TERM. The defendant shall be sentenced to imprisonment
21or, if appropriate, death under Section 9-1 of the Criminal
22Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
23Imprisonment shall be for a determinate term, subject to
24Section 5-4.5-110 of this Code, of (1) not less than 20 years
25and not more than 60 years; (2) not less than 60 years and not

 

 

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1more than 100 years when an extended term is imposed under
2Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as
3provided in Section 5-8-1 (730 ILCS 5/5-8-1).
4    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
5shall not be imposed.
6    (c) IMPACT INCARCERATION. The impact incarceration program
7or the county impact incarceration program is not an authorized
8disposition.
9    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
10probation or conditional discharge shall not be imposed.
11    (e) FINE. Fines may be imposed as provided in Section
125-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
13    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
14concerning restitution.
15    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
16be concurrent or consecutive as provided in Section 5-8-4 (730
17ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
18    (h) DRUG COURT. Drug court is not an authorized
19disposition.
20    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
21ILCS 5/5-4.5-100) concerning no credit for time spent in home
22detention prior to judgment.
23    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
24for rules and regulations for sentence credit.
25    (k) ELECTRONIC HOME DETENTION. Electronic home detention
26is not an authorized disposition, except in limited

 

 

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1circumstances as provided in Section 5-8A-3 (730 ILCS
25/5-8A-3).
3    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
4provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
5mandatory supervised release term shall be 3 years upon release
6from imprisonment.
7(Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
 
8    (730 ILCS 5/5-4.5-25)
9    Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
10felony:
11    (a) TERM. The sentence of imprisonment shall be a
12determinate sentence, subject to Section 5-4.5-110 of this
13Code, of not less than 6 years and not more than 30 years. The
14sentence of imprisonment for an extended term Class X felony,
15as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to
16Section 5-4.5-110 of this Code, shall be not less than 30 years
17and not more than 60 years.
18    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
19shall not be imposed.
20    (c) IMPACT INCARCERATION. The impact incarceration program
21or the county impact incarceration program is not an authorized
22disposition.
23    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
24probation or conditional discharge shall not be imposed.
25    (e) FINE. Fines may be imposed as provided in Section

 

 

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15-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
2    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
3concerning restitution.
4    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
5be concurrent or consecutive as provided in Section 5-8-4 (730
6ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
7    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
8Act (730 ILCS 166/20) concerning eligibility for a drug court
9program.
10    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
11ILCS 5/5-4.5-100) concerning no credit for time spent in home
12detention prior to judgment.
13    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
14for rules and regulations for sentence credit.
15    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
165/5-8A-3) concerning eligibility for electronic home
17detention.
18    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
19provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
205/5-8-1), the parole or mandatory supervised release term shall
21be 3 years upon release from imprisonment.
22(Source: P.A. 97-697, eff. 6-22-12.)
 
23    (730 ILCS 5/5-4.5-30)
24    Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
25felony:

 

 

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1    (a) TERM. The sentence of imprisonment, other than for
2second degree murder, shall be a determinate sentence of not
3less than 4 years and not more than 15 years, subject to
4Section 5-4.5-110 of this Code. The sentence of imprisonment
5for second degree murder shall be a determinate sentence of not
6less than 4 years and not more than 20 years, subject to
7Section 5-4.5-110 of this Code. The sentence of imprisonment
8for an extended term Class 1 felony, as provided in Section
95-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-110 of this
10Code, shall be a term not less than 15 years and not more than
1130 years.
12    (b) PERIODIC IMPRISONMENT. A sentence of periodic
13imprisonment shall be for a definite term of from 3 to 4 years,
14except as otherwise provided in Section 5-5-3 or 5-7-1 (730
15ILCS 5/5-5-3 or 5/5-7-1).
16    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
17(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
18the impact incarceration program or the county impact
19incarceration program.
20    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
21in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
22period of probation or conditional discharge shall not exceed 4
23years. The court shall specify the conditions of probation or
24conditional discharge as set forth in Section 5-6-3 (730 ILCS
255/5-6-3). In no case shall an offender be eligible for a
26disposition of probation or conditional discharge for a Class 1

 

 

10000HB2515ham004- 20 -LRB100 06853 RLC 25668 a

1felony committed while he or she was serving a term of
2probation or conditional discharge for a felony.
3    (e) FINE. Fines may be imposed as provided in Section
45-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
5    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
6concerning restitution.
7    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
8be concurrent or consecutive as provided in Section 5-8-4 (730
9ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
10    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
11Act (730 ILCS 166/20) concerning eligibility for a drug court
12program.
13    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
14ILCS 5/5-4.5-100) concerning credit for time spent in home
15detention prior to judgment.
16    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
17ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
18(730 ILCS 130/) for rules and regulations for sentence credit.
19    (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS
205/5-8A-3) concerning eligibility for electronic home
21detention.
22    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
23provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
245/5-8-1), the parole or mandatory supervised release term shall
25be 2 years upon release from imprisonment.
26(Source: P.A. 97-697, eff. 6-22-12.)
 

 

 

10000HB2515ham004- 21 -LRB100 06853 RLC 25668 a

1    (730 ILCS 5/5-4.5-110 new)
2    Sec. 5-4.5-110. Parole review of persons under the age of
321 at the time of the commission of an offense.
4    (a) A person under 21 years of age at the time of the
5commission of an offense or offenses, other than first degree
6murder, and who is not serving a sentence for first degree
7murder, shall be eligible for parole review by the Prisoner
8Review Board after serving 10 years or more of his or her
9sentence, except for those serving a sentence or sentences for:
10(1) aggravated criminal sexual assault who shall be eligible
11for parole review by the Prisoner Review Board after serving 20
12years or more of his or her sentence or (2) predatory criminal
13sexual assault of a child who shall not be eligible for parole
14review by the Prisoner Review Board under this Section. A
15person under 21 years of age at the time of the commission of
16first degree murder shall be eligible for parole review by the
17Prisoner Review Board after serving 20 years or more of his or
18her sentence, except for those subject to a term of natural
19life imprisonment under Section 5-8-1 of this Code or any
20person subject to sentencing under subsection (c) of Section
215-4.5-105 of this Code.
22    (b) Three years prior to becoming eligible for parole
23review, the eligible person may file his or her petition for
24parole review with the Prisoner Review Board. The petition
25shall include a copy of the order of commitment and sentence to

 

 

10000HB2515ham004- 22 -LRB100 06853 RLC 25668 a

1the Department of Corrections for the offense or offenses for
2which review is sought. Within 30 days of receipt of this
3petition, the Prisoner Review Board shall determine whether the
4petition is appropriately filed, and if so, shall set a date
5for parole review 3 years from receipt of the petition and
6notify the Department of Corrections within 10 business days.
7If the Prisoner Review Board determines that the petition is
8not appropriately filed, it shall notify the petitioner in
9writing, including a basis for its determination, and the
10determination is considered final and eligible for review under
11subsection (k) of this Section.
12    (c) Within 6 months of the Prisoner Review Board's
13determination that the petition was appropriately filed, a
14representative from the Department of Corrections shall meet
15with the eligible person and provide the inmate information
16about the parole hearing process, legal factors relevant to his
17or her suitability or unsuitability for parole, and
18personalized recommendations for the inmate regarding his or
19her work assignments, rehabilitative programs, and
20institutional behavior. Following this meeting, the eligible
21person has 7 calendar days to file a written request to the
22representative from the Department of Corrections who met with
23the eligible person of any additional programs and services
24which the eligible person believes should be made available to
25prepare the eligible person for return to the community.
26    (d) One year prior to the person being eligible for parole,

 

 

10000HB2515ham004- 23 -LRB100 06853 RLC 25668 a

1counsel shall be appointed by the Prisoner Review Board upon a
2finding of indigency. The eligible person may waive appointed
3counsel or retain his or her own counsel at his or her own
4expense.
5    (e) Nine months prior to the hearing, the Prisoner Review
6Board shall provide the eligible person, and his or her
7counsel, any written documents or materials it will be
8considering in making its decision unless the written documents
9or materials are specifically found to: (1) include information
10which, if disclosed, would damage the therapeutic relationship
11between the inmate and a mental health professional; (2)
12subject any person to the actual risk of physical harm; (3)
13threaten the safety or security of the Department or an
14institution. Disclosure of victim impact statements shall be
15governed by Section 35 of the Open Parole Hearings Act. The
16Prisoner Review Board shall have an ongoing duty to provide the
17eligible person, and his or her counsel, with any further
18documents or materials that come into its possession prior to
19the hearing subject to the limitations contained in this
20subsection.
21    (f) Not less than 6 months prior to the hearing, the
22Prisoner Review Board shall provide notification to the State's
23Attorney of the county from which the person was committed and
24to the victim or family of the victim of the scheduled hearing
25place, date, and approximate time. If the Board does not have
26knowledge of the current address of the victim or family of the

 

 

10000HB2515ham004- 24 -LRB100 06853 RLC 25668 a

1victim, it shall notify the State's Attorney of the county of
2commitment and request assistance in locating the victim or
3family of the victim. Those victims or family of the victims
4who advise the Board in writing that they no longer wish to be
5notified shall not receive future notices. Any victim impact
6statements shall be governed by Section 35 of the Open Parole
7Hearings Act.
8    (g) The hearing conducted by the Prisoner Review Board
9shall be governed by the Open Parole Hearings Act and Part 1610
10of Title 20 of the Illinois Administrative Code. The eligible
11person has a right to be present at the Prisoner Review Board
12hearing. If a psychological evaluation is submitted for the
13Prisoner Review Board's consideration, it shall be prepared by
14a person who has expertise in adolescent brain development and
15behavior, and shall take into consideration the diminished
16culpability of youthful offenders, the hallmark features of
17youth, and any subsequent growth and increased maturity of the
18person. At the hearing, the eligible person shall have the
19right to make a statement on his or her own behalf.
20    (h) Only upon motion for good cause shall the date for the
21Prisoner Review Board hearing, as set by subsection (b) of this
22Section, be changed. All hearings shall be open to the public.
23    (i) Unless the Prisoner Review Board after the hearing,
24finds by a preponderance of the evidence that:
25        (1) there is a substantial risk that the eligible
26    person will not conform to reasonable conditions of parole

 

 

10000HB2515ham004- 25 -LRB100 06853 RLC 25668 a

1    or aftercare release; or
2        (2) the eligible person's release a that time would
3    deprecate the seriousness of his or her offense or promote
4    disrespect for the law; or
5        (3) the eligible person's release would have a
6    substantially adverse effect on institutional discipline;
7the eligible person shall be release on parole. In considering
8the factors affecting the release determination under 20 Ill.
9Adm. Code 1610.50(b), the Prisoner Review Board panel shall
10consider the diminished culpability of youthful offenders, the
11hallmark features of youth, and any subsequent growth and
12maturity of the youthful offender during incarceration.
13    (j) Unless denied parole under subsection (i) of this
14Section: (1) the eligible person serving a sentence for any
15non-first degree murder offense or offenses, shall be released
16on parole which shall operate to discharge any remaining term
17of years sentence imposed upon him or her, notwithstanding any
18required mandatory supervised release period the eligible
19person is required to serve; and (2) the eligible person
20serving a sentence for any first degree murder offense, shall
21be released on mandatory supervised release for a period of 10
22years subject to Section 3-3-8, which shall operate to
23discharge any remaining term of years sentence imposed upon him
24or her, however in no event shall the eligible person serve a
25period of mandatory supervised release greater than the
26aggregate of the discharged underlying sentence and the

 

 

10000HB2515ham004- 26 -LRB100 06853 RLC 25668 a

1mandatory supervised release period as sent forth in Section
25-4.5-20.
3    (k) A person denied parole under subsection (i) of this
4Section shall be eligible for a second parole review by the
5Prisoner Review Board 5 years after the written decision under
6subsection (i) of this Section. The procedures for a second
7parole review shall be governed by subsections (b) through (j)
8of this Section.
9    (l) A person denied parole under subsection (k) of this
10Section shall be eligible for a third and final parole review
11by the Prisoner Review Board 5 years after the written decision
12under subsection (i) of this Section. The procedures for the
13third and final parole review shall be governed by subsections
14(b) through (j) of this Section.
15    (m) Notwithstanding anything else to the contrary in this
16Section, nothing in this Section shall be construed to delay
17parole or mandatory supervised release consideration for
18petitioners who, prior to the effective date of this amendatory
19Act of the 100th General Assembly, are or will be eligible for
20release earlier than this Section provides. Nothing in this
21Section shall be construed as a limit, substitution, or bar on
22a person's right to sentencing relief including any relief
23provided under Section 5-4.5-115 of this Act, or any other
24manner of relief, obtained by order of a court in proceedings
25other than as provided in this Section.
 

 

 

10000HB2515ham004- 27 -LRB100 06853 RLC 25668 a

1    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
2    Sec. 5-8-1. Natural life imprisonment; enhancements for
3use of a firearm; mandatory supervised release terms.
4    (a) Except as otherwise provided in the statute defining
5the offense or in Article 4.5 of Chapter V, a sentence of
6imprisonment for a felony shall be a determinate sentence set
7by the court under this Section, subject to Section 5-4.5-110
8of this Code, according to the following limitations:
9        (1) for first degree murder,
10            (a) (blank),
11            (b) if a trier of fact finds beyond a reasonable
12        doubt that the murder was accompanied by exceptionally
13        brutal or heinous behavior indicative of wanton
14        cruelty or, except as set forth in subsection (a)(1)(c)
15        of this Section, that any of the aggravating factors
16        listed in subsection (b) or (b-5) of Section 9-1 of the
17        Criminal Code of 1961 or the Criminal Code of 2012 are
18        present, the court may sentence the defendant, subject
19        to Section 5-4.5-105, to a term of natural life
20        imprisonment, or
21            (c) the court shall sentence the defendant to a
22        term of natural life imprisonment if the defendant, at
23        the time of the commission of the murder, had attained
24        the age of 18, and
25                (i) has previously been convicted of first
26            degree murder under any state or federal law, or

 

 

10000HB2515ham004- 28 -LRB100 06853 RLC 25668 a

1                (ii) is found guilty of murdering more than one
2            victim, or
3                (iii) is found guilty of murdering a peace
4            officer, fireman, or emergency management worker
5            when the peace officer, fireman, or emergency
6            management worker was killed in the course of
7            performing his official duties, or to prevent the
8            peace officer or fireman from performing his
9            official duties, or in retaliation for the peace
10            officer, fireman, or emergency management worker
11            from performing his official duties, and the
12            defendant knew or should have known that the
13            murdered individual was a peace officer, fireman,
14            or emergency management worker, or
15                (iv) is found guilty of murdering an employee
16            of an institution or facility of the Department of
17            Corrections, or any similar local correctional
18            agency, when the employee was killed in the course
19            of performing his official duties, or to prevent
20            the employee from performing his official duties,
21            or in retaliation for the employee performing his
22            official duties, or
23                (v) is found guilty of murdering an emergency
24            medical technician - ambulance, emergency medical
25            technician - intermediate, emergency medical
26            technician - paramedic, ambulance driver or other

 

 

10000HB2515ham004- 29 -LRB100 06853 RLC 25668 a

1            medical assistance or first aid person while
2            employed by a municipality or other governmental
3            unit when the person was killed in the course of
4            performing official duties or to prevent the
5            person from performing official duties or in
6            retaliation for performing official duties and the
7            defendant knew or should have known that the
8            murdered individual was an emergency medical
9            technician - ambulance, emergency medical
10            technician - intermediate, emergency medical
11            technician - paramedic, ambulance driver, or other
12            medical assistant or first aid personnel, or
13                (vi) (blank), or
14                (vii) is found guilty of first degree murder
15            and the murder was committed by reason of any
16            person's activity as a community policing
17            volunteer or to prevent any person from engaging in
18            activity as a community policing volunteer. For
19            the purpose of this Section, "community policing
20            volunteer" has the meaning ascribed to it in
21            Section 2-3.5 of the Criminal Code of 2012.
22            For purposes of clause (v), "emergency medical
23        technician - ambulance", "emergency medical technician -
24         intermediate", "emergency medical technician -
25        paramedic", have the meanings ascribed to them in the
26        Emergency Medical Services (EMS) Systems Act.

 

 

10000HB2515ham004- 30 -LRB100 06853 RLC 25668 a

1            (d) (i) if the person committed the offense while
2            armed with a firearm, 15 years shall be added to
3            the term of imprisonment imposed by the court;
4                (ii) if, during the commission of the offense,
5            the person personally discharged a firearm, 20
6            years shall be added to the term of imprisonment
7            imposed by the court;
8                (iii) if, during the commission of the
9            offense, the person personally discharged a
10            firearm that proximately caused great bodily harm,
11            permanent disability, permanent disfigurement, or
12            death to another person, 25 years or up to a term
13            of natural life shall be added to the term of
14            imprisonment imposed by the court.
15        (2) (blank);
16        (2.5) for a person who has attained the age of 18 years
17    at the time of the commission of the offense and who is
18    convicted under the circumstances described in subdivision
19    (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
20    (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
21    or paragraph (2) of subsection (d) of Section 12-14,
22    subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
23    of subsection (b) of Section 12-14.1, subdivision (b)(2) of
24    Section 11-1.40 or paragraph (2) of subsection (b) of
25    Section 12-14.1 of the Criminal Code of 1961 or the
26    Criminal Code of 2012, the sentence shall be a term of

 

 

10000HB2515ham004- 31 -LRB100 06853 RLC 25668 a

1    natural life imprisonment.
2    (b) (Blank).
3    (c) (Blank).
4    (d) Subject to earlier termination under Section 3-3-8, the
5parole or mandatory supervised release term shall be written as
6part of the sentencing order and shall be as follows:
7        (1) for first degree murder or a Class X felony except
8    for the offenses of predatory criminal sexual assault of a
9    child, aggravated criminal sexual assault, and criminal
10    sexual assault if committed on or after the effective date
11    of this amendatory Act of the 94th General Assembly and
12    except for the offense of aggravated child pornography
13    under Section 11-20.1B, 11-20.3, or 11-20.1 with
14    sentencing under subsection (c-5) of Section 11-20.1 of the
15    Criminal Code of 1961 or the Criminal Code of 2012, if
16    committed on or after January 1, 2009, 3 years;
17        (2) for a Class 1 felony or a Class 2 felony except for
18    the offense of criminal sexual assault if committed on or
19    after the effective date of this amendatory Act of the 94th
20    General Assembly and except for the offenses of manufacture
21    and dissemination of child pornography under clauses
22    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
23    of 1961 or the Criminal Code of 2012, if committed on or
24    after January 1, 2009, 2 years;
25        (3) for a Class 3 felony or a Class 4 felony, 1 year;
26        (4) for defendants who commit the offense of predatory

 

 

10000HB2515ham004- 32 -LRB100 06853 RLC 25668 a

1    criminal sexual assault of a child, aggravated criminal
2    sexual assault, or criminal sexual assault, on or after the
3    effective date of this amendatory Act of the 94th General
4    Assembly, or who commit the offense of aggravated child
5    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
6    with sentencing under subsection (c-5) of Section 11-20.1
7    of the Criminal Code of 1961 or the Criminal Code of 2012,
8    manufacture of child pornography, or dissemination of
9    child pornography after January 1, 2009, the term of
10    mandatory supervised release shall range from a minimum of
11    3 years to a maximum of the natural life of the defendant;
12        (5) if the victim is under 18 years of age, for a
13    second or subsequent offense of aggravated criminal sexual
14    abuse or felony criminal sexual abuse, 4 years, at least
15    the first 2 years of which the defendant shall serve in an
16    electronic home detention program under Article 8A of
17    Chapter V of this Code;
18        (6) for a felony domestic battery, aggravated domestic
19    battery, stalking, aggravated stalking, and a felony
20    violation of an order of protection, 4 years.
21    (e) (Blank).
22    (f) (Blank).
23(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)".