Full Text of HB3584 101st General Assembly
HB3584sam001 101ST GENERAL ASSEMBLY | Sen. Scott M. Bennett Filed: 5/1/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3584
| 2 | | AMENDMENT NO. ______. Amend House Bill 3584 on page 20, by | 3 | | replacing line 8 with the following: | 4 | | "(d) Procedures after the imposition of sentence. | 5 | | (1) The Prisoner Review Board shall inform a victim | 6 | | or"; and | 7 | | on page 22, by replacing lines 4 through 21 with the following:
| 8 | | "(4) The victim of the crime for which the prisoner has | 9 | | been sentenced has the right to register with the Prisoner | 10 | | Review Board's victim registry. Victims registered with the | 11 | | Board
shall receive reasonable written notice not less than 30 | 12 | | days prior to the
parole hearing or target aftercare release | 13 | | date . The victim has the right to submit a victim statement for | 14 | | consideration by the Prisoner Review Board or the Department of | 15 | | Juvenile Justice in writing, on film, videotape, or other | 16 | | electronic means, or in the form of a recording prior to the | 17 | | parole hearing or target aftercare release date, or in person |
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| 1 | | at the parole hearing or aftercare release protest hearing, or | 2 | | by calling the toll-free number established in subsection (f) | 3 | | of this Section. and may submit, in writing, on film, videotape | 4 | | or other
electronic means or in the form of a recording prior | 5 | | to the parole hearing or target aftercare release date or in | 6 | | person at the parole hearing or aftercare release protest | 7 | | hearing
or if a victim of a violent crime, by calling the
| 8 | | toll-free number established in subsection (f) of this Section, | 9 | | information
for
consideration by the Prisoner Review Board or | 10 | | Department of Juvenile Justice. The
victim shall be notified | 11 | | within 7 days after the prisoner has been granted
parole or | 12 | | aftercare release and shall be informed of the right to inspect | 13 | | the registry of parole
decisions, established under subsection | 14 | | (g) of Section 3-3-5 of the Unified
Code of Corrections. The | 15 | | provisions of this paragraph (4) are subject to the
Open Parole | 16 | | Hearings Act. Victim statements provided to the Board shall be | 17 | | confidential and privileged, including any statements received | 18 | | prior to the effective date of this amendatory Act of the 101st | 19 | | General Assembly, except if the statement was an oral statement | 20 | | made by the victim at a hearing open to the public. | 21 | | (4-1) The crime victim has the right to submit a victim | 22 | | statement for consideration by the Prisoner Review Board or the | 23 | | Department of Juvenile Justice prior to or at a hearing to | 24 | | determine the conditions of mandatory supervised release of a | 25 | | person sentenced to a determinate sentence or at a hearing on | 26 | | revocation of mandatory supervised release of a person |
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| 1 | | sentenced to a determinate sentence. A victim statement may be | 2 | | submitted in writing, on film, videotape, or other electronic | 3 | | means, or in the form of a recording, or orally at a hearing, | 4 | | or by calling the toll-free number established in subsection | 5 | | (f) of this Section. Victim statements provided to the Board | 6 | | shall be confidential and privileged, including any statements | 7 | | received prior to the effective date of this amendatory Act of | 8 | | the 101st General Assembly, except if the statement was an oral | 9 | | statement made by the victim at a hearing open to the public. | 10 | | (4-2) The crime victim has the right to submit a victim | 11 | | statement to the Prisoner Review Board for consideration at an | 12 | | executive clemency hearing as provided in Section 3-3-13 of the | 13 | | Unified Code of Corrections. A victim statement may be | 14 | | submitted in writing, on film, videotape, or other electronic | 15 | | means, or in the form of a recording prior to a hearing, or | 16 | | orally at a hearing, or by calling the toll-free number | 17 | | established in subsection (f) of this Section. Victim | 18 | | statements provided to the Board shall be confidential and | 19 | | privileged, including any statements received prior to the | 20 | | effective date of this amendatory Act of the 101st General | 21 | | Assembly, except if the statement was an oral statement made by | 22 | | the victim at a hearing open to the public. "; and | 23 | | on page 24, by replacing lines 12 through 23 with the | 24 | | following: | 25 | | "(f) The Prisoner Review To permit a crime victim of a |
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| 1 | | violent crime to provide information to the
Prisoner Review | 2 | | Board or the Department of Juvenile Justice for consideration | 3 | | by the
Board or Department at a parole hearing or before an | 4 | | aftercare release decision of a person who committed the crime | 5 | | against
the victim in accordance with clause (d)(4) of this | 6 | | Section or at a proceeding
to determine the conditions of | 7 | | mandatory supervised release of a person
sentenced to a | 8 | | determinate sentence or at a hearing on revocation of mandatory
| 9 | | supervised release of a person sentenced to a determinate | 10 | | sentence, the Board
shall establish a toll-free number that may | 11 | | be accessed by the crime victim of
a violent crime to present a | 12 | | victim statement that information to the Board in accordance | 13 | | with paragraphs (4), (4-1), and (4-2) of subsection (d) ."; and | 14 | | by replacing line 26 on page 27 through line 7 on page 28 with | 15 | | the following: | 16 | | " (b-5) The crime victim has the right to register with the | 17 | | Prisoner Review Board's victim registry. The crime victim has | 18 | | the right to submit a victim statement to the Board for | 19 | | consideration at hearings as provided in Section 4.5. Victim | 20 | | statements provided to the Board shall be confidential and | 21 | | privileged, including any statements received prior to the | 22 | | effective date of this amendatory Act of the 101st General | 23 | | Assembly, except if the statement was an oral statement made by | 24 | | the victim at a hearing open to the public. "; and |
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| 1 | | on page 28, by replacing line 20 with the following: | 2 | | "changing Sections 3-3-1, 3-3-2, 3-3-4, 3-3-9, 3-3-13, | 3 | | 5-4.5-20, 5-4.5-25, 5-4.5-30, and 5-8-1 and by renumbering and | 4 | | changing Section 5-4.5-10 as added by Public Act 100-1182 as | 5 | | follows:
| 6 | | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
| 7 | | (Text of Section before amendment by P.A. 100-1182 ) | 8 | | Sec. 3-3-1. Establishment and appointment of Prisoner | 9 | | Review Board.
| 10 | | (a) There shall be a Prisoner Review Board independent of | 11 | | the Department
which shall be:
| 12 | | (1) the paroling authority for persons sentenced under | 13 | | the
law in effect prior to the effective date of this | 14 | | amendatory
Act of 1977;
| 15 | | (1.5) (blank); | 16 | | (2) the board of review for cases involving the | 17 | | revocation
of sentence credits or a suspension or reduction | 18 | | in the
rate of accumulating the credit;
| 19 | | (3) the board of review and recommendation for the | 20 | | exercise
of executive clemency by the Governor;
| 21 | | (4) the authority for establishing release dates for
| 22 | | certain prisoners sentenced under the law in existence | 23 | | prior
to the effective date of this amendatory Act of 1977, | 24 | | in
accordance with Section 3-3-2.1 of this Code;
| 25 | | (5) the authority for setting conditions for parole and
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| 1 | | mandatory supervised release under Section 5-8-1(a) of | 2 | | this
Code, and determining whether a violation of those | 3 | | conditions
warrant revocation of parole or mandatory | 4 | | supervised release
or the imposition of other sanctions; | 5 | | and | 6 | | (6) the authority for determining whether a violation | 7 | | of aftercare release conditions warrant revocation of | 8 | | aftercare release.
| 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. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .) | 5 | | (Text of Section after amendment by P.A. 100-1182 ) | 6 | | Sec. 3-3-1. Establishment and appointment of Prisoner | 7 | | Review Board.
| 8 | | (a) There shall be a Prisoner Review Board independent of | 9 | | the Department
which shall be:
| 10 | | (1) the paroling authority for persons sentenced under | 11 | | the
law in effect prior to the effective date of this | 12 | | amendatory
Act of 1977;
| 13 | | (1.2) the paroling authority for persons eligible for | 14 | | parole review under Section 5-4.5-115 5-4.5-110 ; | 15 | | (1.5) (blank); | 16 | | (2) the board of review for cases involving the | 17 | | revocation
of sentence credits or a suspension or reduction | 18 | | in the
rate of accumulating the credit;
| 19 | | (3) the board of review and recommendation for the | 20 | | exercise
of executive clemency by the Governor;
| 21 | | (4) the authority for establishing release dates for
| 22 | | certain prisoners sentenced under the law in existence | 23 | | prior
to the effective date of this amendatory Act of 1977, | 24 | | in
accordance with Section 3-3-2.1 of this Code;
| 25 | | (5) the authority for setting conditions for parole and
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| 1 | | mandatory supervised release under Section 5-8-1(a) of | 2 | | this
Code, and determining whether a violation of those | 3 | | conditions
warrant revocation of parole or mandatory | 4 | | supervised release
or the imposition of other sanctions; | 5 | | and | 6 | | (6) the authority for determining whether a violation | 7 | | of aftercare release conditions warrant revocation of | 8 | | aftercare release.
| 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 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. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19; | 5 | | revised 4-3-19.)
| 6 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 7 | | (Text of Section before amendment by P.A. 100-1182 ) | 8 | | Sec. 3-3-2. Powers and duties.
| 9 | | (a) The Parole and Pardon Board is abolished and the term | 10 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 11 | | read "Prisoner Review
Board." After the effective date of this | 12 | | amendatory Act of 1977, the
Prisoner Review Board shall provide | 13 | | by rule for the orderly transition of
all files, records, and | 14 | | documents of the Parole and Pardon Board and for
such other | 15 | | steps as may be necessary to effect an orderly transition and | 16 | | shall:
| 17 | | (1) hear by at least one member and through a panel of | 18 | | at least 3 members
decide, cases of prisoners
who were | 19 | | sentenced under the law in effect prior to the effective
| 20 | | date of this amendatory Act of 1977, and who are eligible | 21 | | for parole;
| 22 | | (2) hear by at least one member and through a panel of | 23 | | at least 3 members decide, the conditions of
parole and the | 24 | | time of discharge from parole, impose sanctions for
| 25 | | violations of parole, and revoke
parole for those sentenced |
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| 1 | | under the law in effect prior to this amendatory
Act of | 2 | | 1977; provided that the decision to parole and the | 3 | | conditions of
parole for all prisoners who were sentenced | 4 | | for first degree murder or who
received a minimum sentence | 5 | | of 20 years or more under the law in effect
prior to | 6 | | February 1, 1978 shall be determined by a majority vote of | 7 | | the
Prisoner Review Board. One representative supporting | 8 | | parole and one representative opposing parole will be | 9 | | allowed to speak. Their comments shall be limited to making | 10 | | corrections and filling in omissions to the Board's | 11 | | presentation and discussion;
| 12 | | (3) hear by at least one member and through a panel of | 13 | | at least 3 members decide, the conditions
of mandatory | 14 | | supervised release and the time of discharge from mandatory
| 15 | | supervised release, impose sanctions for violations of | 16 | | mandatory
supervised release, and revoke mandatory | 17 | | supervised release for those
sentenced under the law in | 18 | | effect after the effective date of this
amendatory Act of | 19 | | 1977;
| 20 | | (3.5) hear by at least one member and through a panel | 21 | | of at least 3 members decide, the conditions of mandatory | 22 | | supervised release and the time of discharge from mandatory | 23 | | supervised release, to impose sanctions for violations of | 24 | | mandatory supervised release and revoke mandatory | 25 | | supervised release for those serving extended supervised | 26 | | release terms pursuant to paragraph (4) of subsection (d) |
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| 1 | | of Section 5-8-1;
| 2 | | (3.6) hear by at least one member and through a panel | 3 | | of at least 3 members decide whether to revoke aftercare | 4 | | release for those committed to the Department of Juvenile | 5 | | Justice under the Juvenile Court Act of 1987; | 6 | | (4) hear by at least one member and through a panel of | 7 | | at least 3
members,
decide cases brought by the Department | 8 | | of Corrections against a prisoner in
the custody of the | 9 | | Department for alleged violation of Department rules
with | 10 | | respect to sentence credits under Section 3-6-3 of this | 11 | | Code
in which the Department seeks to revoke sentence | 12 | | credits, if the amount
of time at issue exceeds 30 days or | 13 | | when, during any 12 month period, the
cumulative amount of | 14 | | credit revoked exceeds 30 days except where the
infraction | 15 | | is committed or discovered within 60 days of scheduled | 16 | | release.
In such cases, the Department of Corrections may | 17 | | revoke up to 30 days of
sentence credit. The Board may | 18 | | subsequently approve the revocation of
additional sentence | 19 | | credit, if the Department seeks to revoke sentence credit | 20 | | in excess of thirty days. However, the Board shall not be
| 21 | | empowered to review the Department's decision with respect | 22 | | to the loss of
30 days of sentence credit for any prisoner | 23 | | or to increase any penalty
beyond the length requested by | 24 | | the Department;
| 25 | | (5) hear by at least one member and through a panel of | 26 | | at least 3
members decide, the
release dates for certain |
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| 1 | | prisoners sentenced under the law in existence
prior to the | 2 | | effective date of this amendatory Act of 1977, in
| 3 | | accordance with Section 3-3-2.1 of this Code;
| 4 | | (6) hear by at least one member and through a panel of | 5 | | at least 3 members
decide, all requests for pardon, | 6 | | reprieve or commutation, and make confidential
| 7 | | recommendations to the Governor;
| 8 | | (7) comply with the requirements of the Open Parole | 9 | | Hearings Act;
| 10 | | (8) hear by at least one member and, through a panel of | 11 | | at least 3
members, decide cases brought by the Department | 12 | | of Corrections against a
prisoner in the custody of the | 13 | | Department for court dismissal of a frivolous
lawsuit | 14 | | pursuant to Section 3-6-3(d) of this Code in which the | 15 | | Department seeks
to revoke up to 180 days of sentence | 16 | | credit, and if the prisoner has not
accumulated 180 days of | 17 | | sentence credit at the time of the dismissal, then
all | 18 | | sentence credit accumulated by the prisoner shall be | 19 | | revoked;
| 20 | | (9) hear by at least 3 members, and, through a panel of | 21 | | at least 3
members, decide whether to grant certificates of | 22 | | relief from
disabilities or certificates of good conduct as | 23 | | provided in Article 5.5 of
Chapter V; | 24 | | (10) upon a petition by a person who has been convicted | 25 | | of a Class 3 or Class 4 felony and who meets the | 26 | | requirements of this paragraph, hear by at least 3 members |
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| 1 | | and, with the unanimous vote of a panel of 3 members, issue | 2 | | a certificate of eligibility for sealing recommending that | 3 | | the court order the sealing of all official
records of the | 4 | | arresting authority, the circuit court clerk, and the | 5 | | Department of State Police concerning the arrest and | 6 | | conviction for the Class 3 or 4 felony. A person may not | 7 | | apply to the Board for a certificate of eligibility for | 8 | | sealing: | 9 | | (A) until 5 years have elapsed since the expiration | 10 | | of his or her sentence; | 11 | | (B) until 5 years have elapsed since any arrests or | 12 | | detentions by a law enforcement officer for an alleged | 13 | | violation of law, other than a petty offense, traffic | 14 | | offense, conservation offense, or local ordinance | 15 | | offense; | 16 | | (C) if convicted of a violation of the Cannabis | 17 | | Control Act, Illinois Controlled Substances Act, the | 18 | | Methamphetamine Control and Community Protection Act, | 19 | | the Methamphetamine Precursor Control Act, or the | 20 | | Methamphetamine Precursor Tracking Act unless the | 21 | | petitioner has completed a drug abuse program for the | 22 | | offense on which sealing is sought and provides proof | 23 | | that he or she has completed the program successfully; | 24 | | (D) if convicted of: | 25 | | (i) a sex offense described in Article 11 or | 26 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of |
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| 1 | | the Criminal Code of 1961 or the Criminal Code of | 2 | | 2012; | 3 | | (ii) aggravated assault; | 4 | | (iii) aggravated battery; | 5 | | (iv) domestic battery; | 6 | | (v) aggravated domestic battery; | 7 | | (vi) violation of an order of protection; | 8 | | (vii) an offense under the Criminal Code of | 9 | | 1961 or the Criminal Code of 2012 involving a | 10 | | firearm; | 11 | | (viii) driving while under the influence of | 12 | | alcohol, other drug or drugs, intoxicating | 13 | | compound or compounds or any combination thereof; | 14 | | (ix) aggravated driving while under the | 15 | | influence of alcohol, other drug or drugs, | 16 | | intoxicating compound or compounds or any | 17 | | combination thereof; or | 18 | | (x) any crime defined as a crime of violence | 19 | | under Section 2 of the Crime Victims Compensation | 20 | | Act. | 21 | | If a person has applied to the Board for a certificate | 22 | | of eligibility for sealing and the Board denies the | 23 | | certificate, the person must wait at least 4 years before | 24 | | filing again or filing for pardon from the Governor unless | 25 | | the Chairman of the Prisoner Review Board grants a waiver. | 26 | | The decision to issue or refrain from issuing a |
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| 1 | | certificate of eligibility for sealing shall be at the | 2 | | Board's sole discretion, and shall not give rise to any | 3 | | cause of action against either the Board or its members. | 4 | | The Board may only authorize the sealing of Class 3 and | 5 | | 4 felony convictions of the petitioner from one information | 6 | | or indictment under this paragraph (10). A petitioner may | 7 | | only receive one certificate of eligibility for sealing | 8 | | under this provision for life; and
| 9 | | (11) upon a petition by a person who after having been | 10 | | convicted of a Class 3 or Class 4 felony thereafter served | 11 | | in the United States Armed Forces or National Guard of this | 12 | | or any other state and had received an honorable discharge | 13 | | from the United States Armed Forces or National Guard or | 14 | | who at the time of filing the petition is enlisted in the | 15 | | United States Armed Forces or National Guard of this or any | 16 | | other state and served one tour of duty 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 expungement recommending | 20 | | that the court order the expungement of all official
| 21 | | records of the arresting authority, the circuit court | 22 | | clerk, and the Department of State Police concerning the | 23 | | arrest and conviction for the Class 3 or 4 felony. A person | 24 | | may not apply to the Board for a certificate of eligibility | 25 | | for expungement: | 26 | | (A) if convicted of: |
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| 1 | | (i) a sex offense described in Article 11 or | 2 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 3 | | the Criminal Code of 1961 or Criminal Code of 2012; | 4 | | (ii) an offense under the Criminal Code of 1961 | 5 | | or Criminal Code of 2012 involving a firearm; or | 6 | | (iii) a crime of violence as defined in Section | 7 | | 2 of the Crime Victims Compensation Act; or | 8 | | (B) if the person has not served in the United | 9 | | States Armed Forces or National Guard of this or any | 10 | | other state or has not received an honorable discharge | 11 | | from the United States Armed Forces or National Guard | 12 | | of this or any other state or who at the time of the | 13 | | filing of the petition is serving in the United States | 14 | | Armed Forces or National Guard of this or any other | 15 | | state and has not completed one tour of duty. | 16 | | If a person has applied to the Board for a certificate | 17 | | of eligibility for expungement and the Board denies the | 18 | | certificate, the person must wait at least 4 years before | 19 | | filing again or filing for a pardon with authorization for | 20 | | expungement from the Governor unless the Governor or | 21 | | Chairman of the Prisoner Review Board grants a waiver. | 22 | | (a-5) The Prisoner Review Board, with the cooperation of | 23 | | and in
coordination with the Department of Corrections and the | 24 | | Department of Central
Management Services, shall implement a | 25 | | pilot project in 3 correctional
institutions providing for the | 26 | | conduct of hearings under paragraphs (1) and
(4)
of subsection |
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| 1 | | (a) of this Section through interactive video conferences.
The
| 2 | | project shall be implemented within 6 months after the | 3 | | effective date of this
amendatory Act of 1996. Within 6 months | 4 | | after the implementation of the pilot
project, the Prisoner | 5 | | Review Board, with the cooperation of and in coordination
with | 6 | | the Department of Corrections and the Department of Central | 7 | | Management
Services, shall report to the Governor and the | 8 | | General Assembly regarding the
use, costs, effectiveness, and | 9 | | future viability of interactive video
conferences for Prisoner | 10 | | Review Board hearings.
| 11 | | (b) Upon recommendation of the Department the Board may | 12 | | restore sentence credit previously revoked.
| 13 | | (c) The Board shall cooperate with the Department in | 14 | | promoting an
effective system of parole and mandatory | 15 | | supervised release.
| 16 | | (d) The Board shall promulgate rules for the conduct of its | 17 | | work,
and the Chairman shall file a copy of such rules and any | 18 | | amendments
thereto with the Director and with the Secretary of | 19 | | State.
| 20 | | (e) The Board shall keep records of all of its official | 21 | | actions and
shall make them accessible in accordance with law | 22 | | and the rules of the
Board.
| 23 | | (f) The Board or one who has allegedly violated the | 24 | | conditions of
his or her parole, aftercare release, or | 25 | | mandatory supervised release may require by subpoena the
| 26 | | attendance and testimony of witnesses and the production of |
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| 1 | | documentary
evidence relating to any matter under | 2 | | investigation or hearing. The
Chairman of the Board may sign | 3 | | subpoenas which shall be served by any
agent or public official | 4 | | authorized by the Chairman of the Board, or by
any person | 5 | | lawfully authorized to serve a subpoena under the laws of the
| 6 | | State of Illinois. The attendance of witnesses, and the | 7 | | production of
documentary evidence, may be required from any | 8 | | place in the State to a
hearing location in the State before | 9 | | the Chairman of the Board or his or her
designated agent or | 10 | | agents or any duly constituted Committee or
Subcommittee of the | 11 | | Board. Witnesses so summoned shall be paid the same
fees and | 12 | | mileage that are paid witnesses in the circuit courts of the
| 13 | | State, and witnesses whose depositions are taken and the | 14 | | persons taking
those depositions are each entitled to the same | 15 | | fees as are paid for
like services in actions in the circuit | 16 | | courts of the State. Fees and
mileage shall be vouchered for | 17 | | payment when the witness is discharged
from further attendance.
| 18 | | In case of disobedience to a subpoena, the Board may | 19 | | petition any
circuit court of the State for an order requiring | 20 | | the attendance and
testimony of witnesses or the production of | 21 | | documentary evidence or
both. A copy of such petition shall be | 22 | | served by personal service or by
registered or certified mail | 23 | | upon the person who has failed to obey the
subpoena, and such | 24 | | person shall be advised in writing that a hearing
upon the | 25 | | petition will be requested in a court room to be designated in
| 26 | | such notice before the judge hearing motions or extraordinary |
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| 1 | | remedies
at a specified time, on a specified date, not less | 2 | | than 10 nor more than
15 days after the deposit of the copy of | 3 | | the written notice and petition
in the U.S. mails addressed to | 4 | | the person at his last known address or
after the personal | 5 | | service of the copy of the notice and petition upon
such | 6 | | person. The court upon the filing of such a petition, may order | 7 | | the
person refusing to obey the subpoena to appear at an | 8 | | investigation or
hearing, or to there produce documentary | 9 | | evidence, if so ordered, or to
give evidence relative to the | 10 | | subject matter of that investigation or
hearing. Any failure to | 11 | | obey such order of the circuit court may be
punished by that | 12 | | court as a contempt of court.
| 13 | | Each member of the Board and any hearing officer designated | 14 | | by the
Board shall have the power to administer oaths and to | 15 | | take the testimony
of persons under oath.
| 16 | | (g) Except under subsection (a) of this Section, a majority | 17 | | of the
members then appointed to the Prisoner Review Board | 18 | | shall constitute a
quorum for the transaction of all business | 19 | | of the Board.
| 20 | | (h) The Prisoner Review Board shall annually transmit to | 21 | | the
Director a detailed report of its work for the preceding | 22 | | calendar year.
The annual report shall also be transmitted to | 23 | | the Governor for
submission to the Legislature.
| 24 | | (Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14; | 25 | | 98-756, eff. 7-16-14; 99-628, eff. 1-1-17 .) |
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| 1 | | (Text of Section after amendment by P.A. 100-1182 ) | 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. One representative supporting |
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| 1 | | parole and one representative opposing parole will be | 2 | | allowed to speak. Their comments shall be limited to making | 3 | | corrections and filling in omissions to the Board's | 4 | | presentation and discussion;
| 5 | | (3) hear by at least one member and through a panel of | 6 | | at least 3 members decide, the conditions
of mandatory | 7 | | supervised release and the time of discharge from mandatory
| 8 | | supervised release, impose sanctions for violations of | 9 | | mandatory
supervised release, and revoke mandatory | 10 | | supervised release for those
sentenced under the law in | 11 | | effect after the effective date of this
amendatory Act of | 12 | | 1977;
| 13 | | (3.5) hear by at least one member and through a panel | 14 | | of at least 3 members decide, the conditions of mandatory | 15 | | supervised release and the time of discharge from mandatory | 16 | | supervised release, to impose sanctions for violations of | 17 | | mandatory supervised release and revoke mandatory | 18 | | supervised release for those serving extended supervised | 19 | | release terms pursuant to paragraph (4) of subsection (d) | 20 | | of Section 5-8-1;
| 21 | | (3.6) hear by at least one member and through a panel | 22 | | of at least 3 members decide whether to revoke aftercare | 23 | | release for those committed to the Department of Juvenile | 24 | | Justice under the Juvenile Court Act of 1987; | 25 | | (4) hear by at least one member and through a panel of | 26 | | at least 3
members,
decide cases brought by the Department |
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| 1 | | of Corrections against a prisoner in
the custody of the | 2 | | Department for alleged violation of Department rules
with | 3 | | respect to sentence credits under Section 3-6-3 of this | 4 | | Code
in which the Department seeks to revoke sentence | 5 | | credits, if the amount
of time at issue exceeds 30 days or | 6 | | when, during any 12 month period, the
cumulative amount of | 7 | | credit revoked exceeds 30 days except where the
infraction | 8 | | is committed or discovered within 60 days of scheduled | 9 | | release.
In such cases, the Department of Corrections may | 10 | | revoke up to 30 days of
sentence credit. The Board may | 11 | | subsequently approve the revocation of
additional sentence | 12 | | credit, if the Department seeks to revoke sentence credit | 13 | | in excess of thirty days. However, the Board shall not be
| 14 | | empowered to review the Department's decision with respect | 15 | | to the loss of
30 days of sentence credit for any prisoner | 16 | | or to increase any penalty
beyond the length requested by | 17 | | the Department;
| 18 | | (5) hear by at least one member and through a panel of | 19 | | at least 3
members decide, the
release dates for certain | 20 | | prisoners sentenced under the law in existence
prior to the | 21 | | effective date of this amendatory Act of 1977, in
| 22 | | accordance with Section 3-3-2.1 of this Code;
| 23 | | (6) hear by at least one member and through a panel of | 24 | | at least 3 members
decide, all requests for pardon, | 25 | | reprieve or commutation, and make confidential
| 26 | | recommendations to the Governor;
|
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| 1 | | (6.5) hear by at least one member who is qualified in | 2 | | the field of juvenile matters and through a panel of at | 3 | | least 3 members, 2 of whom are qualified in the field of | 4 | | juvenile matters, decide parole review cases in accordance | 5 | | with Section 5-4.5-115 5-4.5-110 of this Code and make | 6 | | release determinations of persons under the age of 21 at | 7 | | the time of the commission of an offense or offenses, other | 8 | | than those persons serving sentences for first degree | 9 | | murder or aggravated criminal sexual assault; | 10 | | (6.6) hear by at least a quorum of
the Prisoner Review | 11 | | Board and decide by a majority of members present at the | 12 | | hearing, in accordance with Section 5-4.5-115 5-4.5-110 of | 13 | | this
Code, release determinations of persons under the age | 14 | | of 21 at the
time of the commission of an offense or | 15 | | offenses of those persons serving
sentences for first | 16 | | degree murder or aggravated criminal sexual assault; | 17 | | (7) comply with the requirements of the Open Parole | 18 | | Hearings Act;
| 19 | | (8) hear by at least one member and, through a panel of | 20 | | at least 3
members, decide cases brought by the Department | 21 | | of Corrections against a
prisoner in the custody of the | 22 | | Department for court dismissal of a frivolous
lawsuit | 23 | | pursuant to Section 3-6-3(d) of this Code in which the | 24 | | Department seeks
to revoke up to 180 days of sentence | 25 | | credit, and if the prisoner has not
accumulated 180 days of | 26 | | sentence credit at the time of the dismissal, then
all |
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| 1 | | sentence credit accumulated by the prisoner shall be | 2 | | revoked;
| 3 | | (9) hear by at least 3 members, and, through a panel of | 4 | | at least 3
members, decide whether to grant certificates of | 5 | | relief from
disabilities or certificates of good conduct as | 6 | | provided in Article 5.5 of
Chapter V; | 7 | | (10) upon a petition by a person who has been convicted | 8 | | of a Class 3 or Class 4 felony and who meets the | 9 | | requirements of this paragraph, hear by at least 3 members | 10 | | and, with the unanimous vote of a panel of 3 members, issue | 11 | | a certificate of eligibility for sealing recommending that | 12 | | the court order the sealing of all official
records of the | 13 | | arresting authority, the circuit court clerk, and the | 14 | | Department of State Police concerning the arrest and | 15 | | conviction for the Class 3 or 4 felony. A person may not | 16 | | apply to the Board for a certificate of eligibility for | 17 | | sealing: | 18 | | (A) until 5 years have elapsed since the expiration | 19 | | of his or her sentence; | 20 | | (B) until 5 years have elapsed since any arrests or | 21 | | detentions by a law enforcement officer for an alleged | 22 | | violation of law, other than a petty offense, traffic | 23 | | offense, conservation offense, or local ordinance | 24 | | offense; | 25 | | (C) if convicted of a violation of the Cannabis | 26 | | Control Act, Illinois Controlled Substances Act, the |
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| 1 | | Methamphetamine Control and Community Protection Act, | 2 | | the Methamphetamine Precursor Control Act, or the | 3 | | Methamphetamine Precursor Tracking Act unless the | 4 | | petitioner has completed a drug abuse program for the | 5 | | offense on which sealing is sought and provides proof | 6 | | that he or she has completed the program successfully; | 7 | | (D) if convicted of: | 8 | | (i) a sex offense described in Article 11 or | 9 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 10 | | the Criminal Code of 1961 or the Criminal Code of | 11 | | 2012; | 12 | | (ii) aggravated assault; | 13 | | (iii) aggravated battery; | 14 | | (iv) domestic battery; | 15 | | (v) aggravated domestic battery; | 16 | | (vi) violation of an order of protection; | 17 | | (vii) an offense under the Criminal Code of | 18 | | 1961 or the Criminal Code of 2012 involving a | 19 | | firearm; | 20 | | (viii) driving while under the influence of | 21 | | alcohol, other drug or drugs, intoxicating | 22 | | compound or compounds or any combination thereof; | 23 | | (ix) aggravated driving while under the | 24 | | influence of alcohol, other drug or drugs, | 25 | | intoxicating compound or compounds or any | 26 | | combination thereof; or |
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| 1 | | (x) any crime defined as a crime of violence | 2 | | under Section 2 of the Crime Victims Compensation | 3 | | Act. | 4 | | If a person has applied to the Board for a certificate | 5 | | of eligibility for sealing and the Board denies the | 6 | | certificate, the person must wait at least 4 years before | 7 | | filing again or filing for pardon from the Governor unless | 8 | | the Chairman of the Prisoner Review Board grants a waiver. | 9 | | The decision to issue or refrain from issuing a | 10 | | certificate of eligibility for sealing shall be at the | 11 | | Board's sole discretion, and shall not give rise to any | 12 | | cause of action against either the Board or its members. | 13 | | The Board may only authorize the sealing of Class 3 and | 14 | | 4 felony convictions of the petitioner from one information | 15 | | or indictment under this paragraph (10). A petitioner may | 16 | | only receive one certificate of eligibility for sealing | 17 | | under this provision for life; and
| 18 | | (11) upon a petition by a person who after having been | 19 | | convicted of a Class 3 or Class 4 felony thereafter served | 20 | | in the United States Armed Forces or National Guard of this | 21 | | or any other state and had received an honorable discharge | 22 | | from the United States Armed Forces or National Guard or | 23 | | who at the time of filing the petition is enlisted in the | 24 | | United States Armed Forces or National Guard of this or any | 25 | | other state and served one tour of duty and who meets the | 26 | | requirements of this paragraph, hear by at least 3 members |
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| 1 | | and, with the unanimous vote of a panel of 3 members, issue | 2 | | a certificate of eligibility for expungement recommending | 3 | | that the court order the expungement of all official
| 4 | | records of the arresting authority, the circuit court | 5 | | clerk, and the Department of State Police concerning the | 6 | | arrest and conviction for the Class 3 or 4 felony. A person | 7 | | may not apply to the Board for a certificate of eligibility | 8 | | for expungement: | 9 | | (A) if convicted of: | 10 | | (i) a sex offense described in Article 11 or | 11 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 12 | | the Criminal Code of 1961 or Criminal Code of 2012; | 13 | | (ii) an offense under the Criminal Code of 1961 | 14 | | or Criminal Code of 2012 involving a firearm; or | 15 | | (iii) a crime of violence as defined in Section | 16 | | 2 of the Crime Victims Compensation Act; or | 17 | | (B) if the person has not served in the United | 18 | | States Armed Forces or National Guard of this or any | 19 | | other state or has not received an honorable discharge | 20 | | from the United States Armed Forces or National Guard | 21 | | of this or any other state or who at the time of the | 22 | | filing of the petition is serving in the United States | 23 | | Armed Forces or National Guard of this or any other | 24 | | state and has not completed one tour of duty. | 25 | | If a person has applied to the Board for a certificate | 26 | | of eligibility for expungement and the Board denies the |
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| 1 | | certificate, the person must wait at least 4 years before | 2 | | filing again or filing for a pardon with authorization for | 3 | | expungement from the Governor unless the Governor or | 4 | | Chairman of the Prisoner Review Board grants a waiver. | 5 | | (a-5) The Prisoner Review Board, with the cooperation of | 6 | | and in
coordination with the Department of Corrections and the | 7 | | Department of Central
Management Services, shall implement a | 8 | | pilot project in 3 correctional
institutions providing for the | 9 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 10 | | (a) of this Section through interactive video conferences.
The
| 11 | | project shall be implemented within 6 months after the | 12 | | effective date of this
amendatory Act of 1996. Within 6 months | 13 | | after the implementation of the pilot
project, the Prisoner | 14 | | Review Board, with the cooperation of and in coordination
with | 15 | | the Department of Corrections and the Department of Central | 16 | | Management
Services, shall report to the Governor and the | 17 | | General Assembly regarding the
use, costs, effectiveness, and | 18 | | future viability of interactive video
conferences for Prisoner | 19 | | Review Board hearings.
| 20 | | (b) Upon recommendation of the Department the Board may | 21 | | restore sentence credit previously revoked.
| 22 | | (c) The Board shall cooperate with the Department in | 23 | | promoting an
effective system of parole and mandatory | 24 | | supervised release.
| 25 | | (d) The Board shall promulgate rules for the conduct of its | 26 | | work,
and the Chairman shall file a copy of such rules and any |
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| 1 | | amendments
thereto with the Director and with the Secretary of | 2 | | State.
| 3 | | (e) The Board shall keep records of all of its official | 4 | | actions and
shall make them accessible in accordance with law | 5 | | and the rules of the
Board.
| 6 | | (f) The Board or one who has allegedly violated the | 7 | | conditions of
his or her parole, aftercare release, or | 8 | | mandatory supervised release may require by subpoena the
| 9 | | attendance and testimony of witnesses and the production of | 10 | | documentary
evidence relating to any matter under | 11 | | investigation or hearing. The
Chairman of the Board may sign | 12 | | subpoenas which shall be served by any
agent or public official | 13 | | authorized by the Chairman of the Board, or by
any person | 14 | | lawfully authorized to serve a subpoena under the laws of the
| 15 | | State of Illinois. The attendance of witnesses, and the | 16 | | production of
documentary evidence, may be required from any | 17 | | place in the State to a
hearing location in the State before | 18 | | the Chairman of the Board or his or her
designated agent or | 19 | | agents or any duly constituted Committee or
Subcommittee of the | 20 | | Board. Witnesses so summoned shall be paid the same
fees and | 21 | | mileage that are paid witnesses in the circuit courts of the
| 22 | | State, and witnesses whose depositions are taken and the | 23 | | persons taking
those depositions are each entitled to the same | 24 | | fees as are paid for
like services in actions in the circuit | 25 | | courts of the State. Fees and
mileage shall be vouchered for | 26 | | payment when the witness is discharged
from further attendance.
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| 1 | | In case of disobedience to a subpoena, the Board may | 2 | | petition any
circuit court of the State for an order requiring | 3 | | the attendance and
testimony of witnesses or the production of | 4 | | documentary evidence or
both. A copy of such petition shall be | 5 | | served by personal service or by
registered or certified mail | 6 | | upon the person who has failed to obey the
subpoena, and such | 7 | | person shall be advised in writing that a hearing
upon the | 8 | | petition will be requested in a court room to be designated in
| 9 | | such notice before the judge hearing motions or extraordinary | 10 | | remedies
at a specified time, on a specified date, not less | 11 | | than 10 nor more than
15 days after the deposit of the copy of | 12 | | the written notice and petition
in the U.S. mails addressed to | 13 | | the person at his last known address or
after the personal | 14 | | service of the copy of the notice and petition upon
such | 15 | | person. The court upon the filing of such a petition, may order | 16 | | the
person refusing to obey the subpoena to appear at an | 17 | | investigation or
hearing, or to there produce documentary | 18 | | evidence, if so ordered, or to
give evidence relative to the | 19 | | subject matter of that investigation or
hearing. Any failure to | 20 | | obey such order of the circuit court may be
punished by that | 21 | | court as a contempt of court.
| 22 | | Each member of the Board and any hearing officer designated | 23 | | by the
Board shall have the power to administer oaths and to | 24 | | take the testimony
of persons under oath.
| 25 | | (g) Except under subsection (a) of this Section, a majority | 26 | | of the
members then appointed to the Prisoner Review Board |
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| 1 | | shall constitute a
quorum for the transaction of all business | 2 | | of the Board.
| 3 | | (h) The Prisoner Review Board shall annually transmit to | 4 | | the
Director a detailed report of its work for the preceding | 5 | | calendar year.
The annual report shall also be transmitted to | 6 | | the Governor for
submission to the Legislature.
| 7 | | (Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19; | 8 | | revised 4-3-19.)"; and
| 9 | | on page 32, by replacing lines 10 through 23 with the | 10 | | following: | 11 | | "(h) The Board shall not release any material to the | 12 | | inmate, the inmate's attorney, any third party, or any other | 13 | | person containing any information from a the victim or from a | 14 | | person related to the victim by blood, adoption, or marriage | 15 | | who has written objections, testified at any hearing, or | 16 | | submitted audio or visual objections to the inmate's parole, | 17 | | unless provided with a waiver from that victim objecting party . | 18 | | Victim statements provided to the Board shall be confidential | 19 | | and privileged, including any statements received prior to the | 20 | | effective date of this amendatory Act of the 101st General | 21 | | Assembly, except if the statement was an oral statement made by | 22 | | the victim at a hearing open to the public. The Board shall not | 23 | | release the names or addresses of any person on its victim | 24 | | registry to any other person except the victim, a law | 25 | | enforcement agency, or other victim notification system. |
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| 1 | | (Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14; | 2 | | 98-717, eff. 1-1-15; 99-628, eff. 1-1-17.)
| 3 | | (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
| 4 | | (Text of Section before amendment by P.A. 100-1182 ) | 5 | | Sec. 3-3-9. Violations; changes of conditions; preliminary
| 6 | | hearing; revocation of parole or mandatory supervised release;
| 7 | | revocation hearing. | 8 | | (a) If prior to expiration or termination of the term of
| 9 | | parole or mandatory supervised release, a person violates a
| 10 | | condition set by the Prisoner Review Board or a condition of | 11 | | parole or
mandatory supervised release under Section 3-3-7 of | 12 | | this Code to govern that
term,
the Board may:
| 13 | | (1) continue the existing term, with or without | 14 | | modifying or
enlarging the conditions; or
| 15 | | (2) parole or release the person to a half-way house; | 16 | | or
| 17 | | (3) revoke the parole or mandatory supervised release | 18 | | and
reconfine the person for a term computed in the | 19 | | following
manner:
| 20 | | (i) (A) For those sentenced under the law in effect | 21 | | prior to
this amendatory Act of 1977, the recommitment | 22 | | shall be for any
portion of the imposed maximum term of | 23 | | imprisonment or confinement
which had not been served | 24 | | at the time of parole and the parole
term, less the | 25 | | time elapsed between the parole of the person and
the |
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| 1 | | commission of the violation for which parole was | 2 | | revoked;
| 3 | | (B) Except as set forth in paragraph (C), for
those | 4 | | subject to mandatory supervised release under
| 5 | | paragraph (d) of Section 5-8-1 of this Code, the | 6 | | recommitment
shall be for the total mandatory | 7 | | supervised release term, less
the time elapsed between | 8 | | the release of the person and the
commission of the | 9 | | violation for which mandatory supervised
release is | 10 | | revoked. The Board may also order that a prisoner
serve | 11 | | up to one year of the sentence imposed by the court | 12 | | which
was not served due to the accumulation of | 13 | | sentence credit;
| 14 | | (C) For those subject to sex offender supervision | 15 | | under clause (d)(4) of Section 5-8-1 of this Code, the | 16 | | reconfinement period for violations of clauses (a)(3) | 17 | | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | 18 | | years from the date of reconfinement;
| 19 | |
(ii) the person shall be given credit against | 20 | | the term of
reimprisonment or reconfinement for | 21 | | time spent in custody
since he or she was paroled | 22 | | or released which has not been credited
against | 23 | | another sentence or period of confinement;
| 24 | |
(iii) (blank);
| 25 | |
(iv) this Section is subject to the release | 26 | | under
supervision and the reparole and rerelease |
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| 1 | | provisions of Section
3-3-10.
| 2 | | (b) The Board may revoke parole or mandatory supervised
| 3 | | release for violation of a condition for the duration of the
| 4 | | term and for any further period which is reasonably necessary
| 5 | | for the adjudication of matters arising before its expiration.
| 6 | | The issuance of a warrant of arrest for an alleged violation
of | 7 | | the conditions of parole or mandatory supervised release
shall | 8 | | toll the running of the term until the final determination of | 9 | | the
charge. When
parole or mandatory supervised release is not | 10 | | revoked
that period shall be credited to the term, unless a | 11 | | community-based sanction is imposed as an alternative to | 12 | | revocation and reincarceration, including a diversion | 13 | | established by the Illinois Department of Corrections Parole | 14 | | Services Unit prior to the holding of a preliminary parole | 15 | | revocation hearing. Parolees who are diverted to a | 16 | | community-based sanction shall serve the entire term of parole | 17 | | or mandatory supervised release, if otherwise appropriate.
| 18 | | (b-5) The Board shall revoke parole or mandatory supervised | 19 | | release for violation of the conditions prescribed in paragraph | 20 | | (7.6) of subsection (a) of Section 3-3-7. | 21 | | (c) A person charged with violating a condition of parole | 22 | | or
mandatory supervised release shall have a preliminary | 23 | | hearing
before a hearing officer designated by the Board to | 24 | | determine
if there is cause to hold the person for a revocation | 25 | | hearing.
However, no preliminary hearing need be held when | 26 | | revocation is based
upon new criminal charges and a court finds |
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| 1 | | probable cause on the new
criminal charges or when the | 2 | | revocation
is based upon a new criminal conviction and a | 3 | | certified copy of
that conviction is available.
| 4 | | (d) Parole or mandatory supervised release shall not be
| 5 | | revoked without written notice to the offender setting forth
| 6 | | the violation of parole or mandatory supervised release charged
| 7 | | against him or her.
| 8 | | (e) A hearing on revocation shall be conducted before at
| 9 | | least one member of the Prisoner Review Board. The Board may
| 10 | | meet and order its actions in panels of 3 or more members.
The | 11 | | action of a majority of the panel shall be the action of
the | 12 | | Board. A record
of the hearing shall be made. At the hearing | 13 | | the offender shall
be permitted to:
| 14 | | (1) appear and answer the charge; and
| 15 | | (2) bring witnesses on his or her behalf.
| 16 | | (f) The Board shall either revoke parole or mandatory
| 17 | | supervised release or order the person's term continued with
or | 18 | | without modification or enlargement of the conditions.
| 19 | | (g) Parole or mandatory supervised release shall not be
| 20 | | revoked for failure to make payments under the conditions of
| 21 | | parole or release unless the Board determines that such failure | 22 | | is
due to the offender's willful refusal to pay.
| 23 | | (Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14; | 24 | | 99-628, eff. 1-1-17 .) | 25 | | (Text of Section after amendment by P.A. 100-1182 ) |
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| 1 | | Sec. 3-3-9. Violations; changes of conditions; preliminary
| 2 | | hearing; revocation of parole or mandatory supervised release;
| 3 | | revocation hearing. | 4 | | (a) If prior to expiration or termination of the term of
| 5 | | parole or mandatory supervised release, a person violates a
| 6 | | condition set by the Prisoner Review Board or a condition of | 7 | | parole or
mandatory supervised release under Section 3-3-7 of | 8 | | this Code to govern that
term,
the Board may:
| 9 | | (1) continue the existing term, with or without | 10 | | modifying or
enlarging the conditions; or
| 11 | | (1.5) for those released as a result of youthful | 12 | | offender parole as set forth in Section 5-4.5-115 5-4.5-110 | 13 | | of this Code, order that the inmate be subsequently | 14 | | rereleased to serve a specified mandatory supervised | 15 | | release term not to exceed the full term permitted under | 16 | | the provisions of Section 5-4.5-115 5-4.5-110 and | 17 | | subsection (d) of Section 5-8-1 of this Code and may modify | 18 | | or enlarge the conditions of the release as the Board deems | 19 | | proper; or | 20 | | (2) parole or release the person to a half-way house; | 21 | | or
| 22 | | (3) revoke the parole or mandatory supervised release | 23 | | and
reconfine the person for a term computed in the | 24 | | following
manner:
| 25 | | (i) (A) For those sentenced under the law in effect | 26 | | prior to
this amendatory Act of 1977, the recommitment |
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| 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 paragraphs (C) and (D), | 8 | | for
those subject to mandatory supervised release | 9 | | under
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 | 17 | | sentence 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 | | (D) For those released as a result of youthful | 24 | | offender parole as set forth in Section 5-4.5-115 | 25 | | 5-4.5-110 of this Code, the reconfinement period shall | 26 | | be for the total mandatory supervised release term, |
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| 1 | | less the time elapsed between the release of the person | 2 | | and the commission of the violation for which mandatory | 3 | | supervised release is revoked. The Board may also order | 4 | | that a prisoner serve up to one year of the mandatory | 5 | | supervised release term previously earned. The Board | 6 | | may also order that the inmate be subsequently | 7 | | rereleased to serve a specified mandatory supervised | 8 | | release term not to exceed the full term permitted | 9 | | under the provisions of Section 5-4.5-115 5-4.5-110 | 10 | | and subsection (d) of Section 5-8-1 of this Code and | 11 | | may modify or enlarge the conditions of the release as | 12 | | the Board deems proper; | 13 | |
(ii) the person shall be given credit against the | 14 | | term of
reimprisonment or reconfinement for time spent | 15 | | in custody
since he or she was paroled or released | 16 | | which has not been credited
against another sentence or | 17 | | period of confinement;
| 18 | |
(iii) (blank);
| 19 | |
(iv) this Section is subject to the release under
| 20 | | supervision and the reparole and rerelease provisions | 21 | | of Section
3-3-10.
| 22 | | (b) The Board may revoke parole or mandatory supervised
| 23 | | release for violation of a condition for the duration of the
| 24 | | term and for any further period which is reasonably necessary
| 25 | | for the adjudication of matters arising before its expiration.
| 26 | | The issuance of a warrant of arrest for an alleged violation
of |
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| 1 | | the conditions of parole or mandatory supervised release
shall | 2 | | toll the running of the term until the final determination of | 3 | | the
charge. When
parole or mandatory supervised release is not | 4 | | revoked
that period shall be credited to the term, unless a | 5 | | community-based sanction is imposed as an alternative to | 6 | | revocation and reincarceration, including a diversion | 7 | | established by the Illinois Department of Corrections Parole | 8 | | Services Unit prior to the holding of a preliminary parole | 9 | | revocation hearing. Parolees who are diverted to a | 10 | | community-based sanction shall serve the entire term of parole | 11 | | or mandatory supervised release, if otherwise appropriate.
| 12 | | (b-5) The Board shall revoke parole or mandatory supervised | 13 | | release for violation of the conditions prescribed in paragraph | 14 | | (7.6) of subsection (a) of Section 3-3-7. | 15 | | (c) A person charged with violating a condition of parole | 16 | | or
mandatory supervised release shall have a preliminary | 17 | | hearing
before a hearing officer designated by the Board to | 18 | | determine
if there is cause to hold the person for a revocation | 19 | | hearing.
However, no preliminary hearing need be held when | 20 | | revocation is based
upon new criminal charges and a court finds | 21 | | probable cause on the new
criminal charges or when the | 22 | | revocation
is based upon a new criminal conviction and a | 23 | | certified copy of
that conviction is available.
| 24 | | (d) Parole or mandatory supervised release shall not be
| 25 | | revoked without written notice to the offender setting forth
| 26 | | the violation of parole or mandatory supervised release charged
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| 1 | | against him or her.
| 2 | | (e) A hearing on revocation shall be conducted before at
| 3 | | least one member of the Prisoner Review Board. The Board may
| 4 | | meet and order its actions in panels of 3 or more members.
The | 5 | | action of a majority of the panel shall be the action of
the | 6 | | Board. A record
of the hearing shall be made. At the hearing | 7 | | the offender shall
be permitted to:
| 8 | | (1) appear and answer the charge; and
| 9 | | (2) bring witnesses on his or her behalf.
| 10 | | (f) The Board shall either revoke parole or mandatory
| 11 | | supervised release or order the person's term continued with
or | 12 | | without modification or enlargement of the conditions.
| 13 | | (g) Parole or mandatory supervised release shall not be
| 14 | | revoked for failure to make payments under the conditions of
| 15 | | parole or release unless the Board determines that such failure | 16 | | is
due to the offender's willful refusal to pay.
| 17 | | (Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19; | 18 | | revised 4-3-19.)"; and
| 19 | | by replacing line 22 on page 33 through line 8 on page 34 with | 20 | | the following: | 21 | | " (b-5) Victims registered with the Board shall receive | 22 | | reasonable written notice not less than 30 days prior to the | 23 | | executive clemency hearing date. The victim has the right to | 24 | | submit a victim statement to the Prisoner Review Board for | 25 | | consideration at an executive clemency hearing as provided in |
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| 1 | | subsection (c) of this Section. Victim statements provided to | 2 | | the Board shall be confidential and privileged, including any | 3 | | statements received prior to the effective date of this | 4 | | amendatory Act of the 101st General Assembly, except if the | 5 | | statement was an oral statement made by the victim at a hearing | 6 | | open to the public. | 7 | | (c) The Board shall, if requested and upon due notice,
give | 8 | | a hearing to each application, allowing representation by
| 9 | | counsel, if desired, after which it shall confidentially
advise | 10 | | the Governor by a written report of its recommendations
which | 11 | | shall be determined by majority vote. The written report to the | 12 | | Governor shall be confidential and privileged, including any | 13 | | reports made prior to the effective date of this amendatory Act | 14 | | of the 101st General Assembly. The Board shall
meet to consider | 15 | | such petitions no less than 4 times each
year.
| 16 | | Application for executive clemency under this Section may | 17 | | not be commenced
on behalf of a person who has been sentenced | 18 | | to death without the written
consent of the defendant, unless | 19 | | the defendant, because of a mental or
physical condition, is | 20 | | incapable of asserting his or her own claim."; and | 21 | | by replacing line 1 on page 35 through line 7 on page 36 with | 22 | | the following: | 23 | | "(730 ILCS 5/5-4.5-115) | 24 | | (This Section may contain text from a Public Act with a |
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| 1 | | delayed effective date ) | 2 | | Sec. 5-4.5-115 5-4.5-110 . Parole review of persons under | 3 | | the age of 21 at the time of the commission of an offense. | 4 | | (a) For purposes of this Section, "victim" means a victim | 5 | | of a violent crime as defined in subsection (a) of Section 3 of | 6 | | the Rights of Crime Victims and Witnesses Act including a | 7 | | witness as defined in subsection (b) of Section 3 of the Rights | 8 | | of Crime Victims and Witnesses Act; any person legally related | 9 | | to the victim by blood, marriage, adoption, or guardianship; | 10 | | any friend of the victim; or any concerned citizen. | 11 | | (b) A person under 21 years of age at the time of the | 12 | | commission of an offense or offenses, other than first degree | 13 | | murder, and who is not serving a sentence for first degree | 14 | | murder and who is sentenced on or after June 1, 2019 ( the | 15 | | effective date of Public Act 100-1182) this amendatory Act of | 16 | | the 100th General Assembly shall be eligible for parole review | 17 | | by the Prisoner Review Board after serving 10 years or more of | 18 | | his or her sentence or sentences, except for those serving a | 19 | | sentence or sentences for: (1) aggravated criminal sexual | 20 | | assault who shall be eligible for parole review by the Prisoner | 21 | | Review Board after serving 20 years or more of his or her | 22 | | sentence or sentences or (2) predatory criminal sexual assault | 23 | | of a child who shall not be eligible for parole review by the | 24 | | Prisoner Review Board under this Section. A person under 21 | 25 | | years of age at the time of the commission of first degree | 26 | | murder who is sentenced on or after June 1, 2019 ( the effective |
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| 1 | | date of Public Act 100-1182) this amendatory Act of the 100th | 2 | | General Assembly shall be eligible for parole review by the | 3 | | Prisoner Review Board after serving
20 years or more of his or | 4 | | her sentence or sentences, except for those subject to a term | 5 | | of natural life imprisonment under Section 5-8-1 of this Code | 6 | | or any person subject to sentencing under subsection (c) of | 7 | | Section 5-4.5-105 of this Code. | 8 | | (c) Three years prior to becoming eligible for parole | 9 | | review, the eligible person may file his or her petition for | 10 | | parole review with the Prisoner Review Board.
The petition | 11 | | shall include a copy of the order of commitment and sentence to | 12 | | the Department of Corrections for the offense or offenses for | 13 | | which review is sought. Within 30 days of receipt of this | 14 | | petition, the Prisoner Review Board shall determine whether the | 15 | | petition is appropriately filed, and if so, shall set a date | 16 | | for parole review 3 years from receipt of the petition and | 17 | | notify the Department of Corrections within 10 business days. | 18 | | If the Prisoner Review Board determines that the petition is | 19 | | not appropriately filed, it shall notify the petitioner in | 20 | | writing, including a basis for its determination. | 21 | | (d) Within 6 months of the Prisoner Review Board's | 22 | | determination that the petition was appropriately filed, a | 23 | | representative from the Department of Corrections shall meet | 24 | | with the eligible person and
provide the inmate information | 25 | | about the parole hearing process and personalized | 26 | | recommendations for the inmate regarding his or her work |
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| 1 | | assignments, rehabilitative programs, and institutional | 2 | | behavior. Following this meeting, the eligible person has 7 | 3 | | calendar days to file a written request to the representative | 4 | | from the Department of Corrections who met with the eligible | 5 | | person of any additional programs and services which the | 6 | | eligible person believes should be made available to prepare | 7 | | the eligible person for return to the community. | 8 | | (e) One year prior to the person being eligible for parole, | 9 | | counsel shall be appointed by the Prisoner Review Board upon a | 10 | | finding of indigency. The eligible person may waive appointed | 11 | | counsel or retain his or her own counsel at his or her own | 12 | | expense. | 13 | | (f) Nine months prior to the hearing, the Prisoner Review | 14 | | Board shall provide the eligible person, and his or her | 15 | | counsel, any written documents or materials it will be | 16 | | considering in making its decision unless the written documents | 17 | | or materials are specifically found to: (1) include information | 18 | | which, if disclosed, would damage the therapeutic relationship | 19 | | between the inmate and a mental health professional; (2) | 20 | | subject any person to the actual risk of physical harm; (3) | 21 | | threaten the safety or security of the Department or an | 22 | | institution. In accordance with Section 4.5(d)(4) of the Rights | 23 | | of Crime Victims and Witnesses Act and Section 10 35 of the | 24 | | Open Parole Hearings Act, victim impact statements provided to | 25 | | the Board shall be confidential and privileged, including any | 26 | | statements received prior to the effective date of this |
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| 1 | | amendatory Act of the 101st General Assembly, except if the | 2 | | statement was an oral statement made by the victim at a hearing | 3 | | open to the public. Victim statements either oral, written, | 4 | | video-taped, tape recorded or made by other electronic means | 5 | | shall not be considered public documents under the provisions | 6 | | of the Freedom of Information Act. The inmate or his or her | 7 | | attorney shall not be given a copy of the statement, but shall | 8 | | be informed of the existence of a victim impact statement and | 9 | | the position taken by the victim on the inmate's request for | 10 | | parole. This shall not be construed to permit disclosure to an | 11 | | inmate of any information which might result in the risk of | 12 | | threats or physical harm to a victim. The Prisoner Review Board | 13 | | shall have an ongoing duty to provide the eligible person, and | 14 | | his or her counsel, with any further documents or materials | 15 | | that come into its possession prior to the hearing subject to | 16 | | the limitations contained in this subsection. | 17 | | (g) Not less than 12 months prior to the hearing, the | 18 | | Prisoner Review Board shall provide notification to the State's | 19 | | Attorney of the county from which the person was committed and | 20 | | written notification to the victim or family of the victim of | 21 | | the scheduled hearing place, date, and approximate time. The | 22 | | written notification shall contain: (1) information about
| 23 | | their right to be present, appear in person at the parole | 24 | | hearing, and their right to
make an oral statement and submit | 25 | | information in writing, by videotape, tape
recording, or other | 26 | | electronic means; (2) a toll-free number to call for further
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| 1 | | information about the parole review process; and (3) | 2 | | information regarding
available resources, including | 3 | | trauma-informed therapy, they may access. If the Board does not | 4 | | have knowledge of the current address of the victim or family | 5 | | of the victim, it shall notify the State's Attorney of the | 6 | | county of commitment and request assistance in locating the | 7 | | victim or family of the victim. Those victims or family of the | 8 | | victims who advise the Board in writing that they no longer | 9 | | wish to be notified shall not receive future notices. A victim | 10 | | shall have the right to submit information by videotape, tape | 11 | | recording, or other electronic means. The victim may submit | 12 | | this material prior to or at the parole hearing. The victim | 13 | | also has the right to be heard at the parole hearing. | 14 | | (h) The hearing conducted by the Prisoner Review Board | 15 | | shall be governed by Sections 15 and 20, subsection (f) of | 16 | | Section 5, subsections subsection (a) , (a-5), (b), (b-5), and | 17 | | (c) of Section 10, and subsection (d) of Section 25 , and | 18 | | subsections (a), (b), and (e) of Section 35 of the Open Parole | 19 | | Hearings Act and Part 1610 of Title 20 of the Illinois | 20 | | Administrative Code. The eligible person has a right to be | 21 | | present at the Prisoner Review Board hearing, unless the | 22 | | Prisoner Review Board determines the eligible person's | 23 | | presence is unduly burdensome when conducting a hearing under | 24 | | paragraph (6.6) of subsection (a) of Section 3-3-2 of this | 25 | | Code. If a psychological evaluation is submitted for the | 26 | | Prisoner Review Board's consideration, it shall be prepared by |
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| 1 | | a person who has expertise in adolescent brain development and | 2 | | behavior, and shall take into consideration the diminished | 3 | | culpability of youthful offenders, the hallmark features of | 4 | | youth, and any subsequent growth and increased maturity of the | 5 | | person. At the hearing, the eligible person shall have the | 6 | | right to make a statement on his or her own behalf. | 7 | | (i) Only upon motion for good cause shall the date for the | 8 | | Prisoner Review Board hearing, as set by subsection (b) of this | 9 | | Section, be changed. No less than 15 days prior to the hearing, | 10 | | the Prisoner Review Board shall notify the victim or victim | 11 | | representative, the attorney, and the eligible person of the | 12 | | exact date and time of the hearing. All hearings shall be open | 13 | | to the public. | 14 | | (j) The Prisoner Review Board shall not parole the eligible | 15 | | person if it determines that: | 16 | | (1) there is a substantial risk that the eligible | 17 | | person will not conform to reasonable conditions of parole | 18 | | or aftercare release; or | 19 | | (2) the eligible person's release at that time would | 20 | | deprecate the seriousness of his or her offense or promote | 21 | | disrespect for the law; or | 22 | | (3) the eligible person's release would have a | 23 | | substantially adverse effect on institutional discipline. | 24 | | In considering the factors affecting the release | 25 | | determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner | 26 | | Review Board panel shall consider the diminished culpability of |
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| 1 | | youthful offenders, the hallmark features of youth, and any | 2 | | subsequent growth and maturity of the youthful offender during | 3 | | incarceration. | 4 | | (k) Unless denied parole under subsection (j) of this | 5 | | Section and subject to the provisions of Section 3-3-9 of this | 6 | | Code: (1) the eligible person serving a sentence for any | 7 | | non-first degree murder offense or offenses, shall be released | 8 | | on parole which shall operate to discharge any remaining term | 9 | | of years sentence imposed upon him or her, notwithstanding any | 10 | | required mandatory supervised release period the eligible | 11 | | person is required to serve; and (2) the eligible person | 12 | | serving a sentence for any first degree murder offense, shall | 13 | | be released on mandatory supervised release for a period of 10 | 14 | | years subject to Section 3-3-8, which shall operate to | 15 | | discharge any remaining term of years sentence imposed upon him | 16 | | or her, however in no event shall the eligible person serve a | 17 | | period of mandatory supervised release greater than the | 18 | | aggregate of the discharged underlying sentence and the | 19 | | mandatory supervised release period as sent forth in Section | 20 | | 5-4.5-20. | 21 | | (l) If the Prisoner Review Board denies parole after | 22 | | conducting the hearing under
subsection (j) of this Section, it | 23 | | shall issue a written decision which states the
rationale for | 24 | | denial, including the primary factors considered. This | 25 | | decision shall
be provided to the eligible person and his or | 26 | | her counsel within 30 days. |
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| 1 | | (m) A person denied parole under subsection (j) of this | 2 | | Section, who is not
serving a sentence for either first degree | 3 | | murder or aggravated criminal sexual
assault, shall be eligible | 4 | | for a second parole review by the Prisoner Review Board
5 years | 5 | | after the written decision under subsection (l) of this | 6 | | Section; a person
denied parole under subsection (j) of this | 7 | | Section, who is serving a sentence or
sentences for first | 8 | | degree murder or aggravated criminal sexual assault shall be
| 9 | | eligible for a second and final parole review by the Prisoner | 10 | | Review Board 10
years after the written decision under | 11 | | subsection (k) of this Section. The
procedures for a second | 12 | | parole review shall be governed by subsections (c)
through (k) | 13 | | of this Section. | 14 | | (n) A person denied parole under subsection (m) of this | 15 | | Section, who is not
serving a sentence for either first degree | 16 | | murder or aggravated criminal sexual
assault, shall be eligible | 17 | | for a third and final parole review by the Prisoner Review
| 18 | | Board 5 years after the written decision under subsection (l) | 19 | | of this Section. The
procedures for the third and final parole | 20 | | review shall be governed by subsections
(c) through (k) of this | 21 | | Section. | 22 | | (o) Notwithstanding anything else to the contrary in this | 23 | | Section, nothing in this Section shall be construed to delay | 24 | | parole or mandatory supervised release consideration for | 25 | | petitioners who are or will be eligible for release earlier | 26 | | than this Section provides. Nothing in this Section shall be |
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| 1 | | construed as a limit, substitution, or bar on a person's right | 2 | | to sentencing relief, or any other manner of relief, obtained | 3 | | by order of a court in proceedings other than as provided in | 4 | | this Section.
| 5 | | (Source: P.A. 100-1182, eff. 6-1-19; revised 4-2-19.) | 6 | | (730 ILCS 5/5-4.5-20) | 7 | | (Text of Section before amendment by P.A. 100-1182 ) | 8 | | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | 9 | | degree murder: | 10 | | (a) TERM. The defendant shall be sentenced to imprisonment | 11 | | or, if appropriate, death under Section 9-1 of the Criminal | 12 | | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | 13 | | Imprisonment shall be for a determinate term of (1) not less | 14 | | than 20 years and not more than 60 years; (2) not less than 60 | 15 | | years and not more than 100 years when an extended term is | 16 | | imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural | 17 | | life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| 18 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 19 | | shall not be imposed.
| 20 | | (c) IMPACT INCARCERATION. The impact incarceration program | 21 | | or the county impact incarceration program is not an authorized | 22 | | disposition.
| 23 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 24 | | probation or conditional discharge shall not be imposed.
| 25 | | (e) FINE. Fines may be imposed as provided in Section |
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| 1 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 2 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 3 | | concerning restitution.
| 4 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 5 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 6 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 7 | | (h) DRUG COURT. Drug court is not an authorized | 8 | | disposition.
| 9 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 10 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 11 | | detention prior to judgment.
| 12 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 13 | | for rules and regulations for sentence credit.
| 14 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic | 15 | | monitoring and home detention are not authorized dispositions, | 16 | | except in limited circumstances as provided in Section 5-8A-3 | 17 | | (730 ILCS 5/5-8A-3).
| 18 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 19 | | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | 20 | | mandatory supervised release term shall be 3 years upon release | 21 | | from imprisonment.
| 22 | | (Source: P.A. 100-431, eff. 8-25-17.) | 23 | | (Text of Section after amendment by P.A. 100-1182 ) | 24 | | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | 25 | | degree murder: |
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| 1 | | (a) TERM. The defendant shall be sentenced to imprisonment | 2 | | or, if appropriate, death under Section 9-1 of the Criminal | 3 | | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | 4 | | Imprisonment shall be for a determinate term, subject to | 5 | | Section 5-4.5-115 5-4.5-110 of this Code, of (1) not less than | 6 | | 20 years and not more than 60 years; (2) not less than 60 years | 7 | | and not more than 100 years when an extended term is imposed | 8 | | under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as | 9 | | provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| 10 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 11 | | shall not be imposed.
| 12 | | (c) IMPACT INCARCERATION. The impact incarceration program | 13 | | or the county impact incarceration program is not an authorized | 14 | | disposition.
| 15 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 16 | | probation or conditional discharge shall not be imposed.
| 17 | | (e) FINE. Fines may be imposed as provided in Section | 18 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 19 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 20 | | concerning restitution.
| 21 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 22 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 23 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 24 | | (h) DRUG COURT. Drug court is not an authorized | 25 | | disposition.
| 26 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 |
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| 1 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 2 | | detention prior to judgment.
| 3 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 4 | | for rules and regulations for sentence credit.
| 5 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic | 6 | | monitoring and home detention are not authorized dispositions, | 7 | | except in limited circumstances as provided in Section 5-8A-3 | 8 | | (730 ILCS 5/5-8A-3).
| 9 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 10 | | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | 11 | | mandatory supervised release term shall be 3 years upon release | 12 | | from imprisonment.
| 13 | | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | 14 | | revised 4-3-19.) | 15 | | (730 ILCS 5/5-4.5-25) | 16 | | (Text of Section before amendment by P.A. 100-1182 ) | 17 | | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | 18 | | felony: | 19 | | (a) TERM. The sentence of imprisonment shall be a | 20 | | determinate sentence of not less than 6 years and not more than | 21 | | 30 years. The sentence of imprisonment for an extended term | 22 | | Class X felony, as provided in Section 5-8-2 (730 ILCS | 23 | | 5/5-8-2), shall be not less than 30 years and not more than 60 | 24 | | years.
| 25 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment |
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| 1 | | shall not be imposed.
| 2 | | (c) IMPACT INCARCERATION. The impact incarceration program | 3 | | or the county impact incarceration program is not an authorized | 4 | | disposition.
| 5 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 6 | | probation or conditional discharge shall not be imposed.
| 7 | | (e) FINE. Fines may be imposed as provided in Section | 8 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 9 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 10 | | concerning restitution.
| 11 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 12 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 13 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 14 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 15 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 16 | | program.
| 17 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 18 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 19 | | detention prior to judgment.
| 20 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 21 | | for rules and regulations for sentence credit.
| 22 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 23 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 24 | | electronic monitoring and home detention.
| 25 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 26 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or |
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| 1 | | 5/5-8-1), the parole or mandatory supervised release term shall | 2 | | be 3 years upon release from imprisonment.
| 3 | | (Source: P.A. 100-431, eff. 8-25-17.) | 4 | | (Text of Section after amendment by P.A. 100-1182 ) | 5 | | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | 6 | | felony: | 7 | | (a) TERM. The sentence of imprisonment shall be a | 8 | | determinate sentence, subject to Section 5-4.5-115 5-4.5-110 | 9 | | of this Code, of not less than 6 years and not more than 30 | 10 | | years. The sentence of imprisonment for an extended term Class | 11 | | X felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), | 12 | | subject to Section 5-4.5-115 5-4.5-110 of this Code, shall be | 13 | | not less than 30 years and not more than 60 years.
| 14 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 15 | | shall not be imposed.
| 16 | | (c) IMPACT INCARCERATION. The impact incarceration program | 17 | | or the county impact incarceration program is not an authorized | 18 | | disposition.
| 19 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 20 | | probation or conditional discharge shall not be imposed.
| 21 | | (e) FINE. Fines may be imposed as provided in Section | 22 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 23 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 24 | | concerning restitution.
| 25 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall |
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| 1 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 2 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 3 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 4 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 5 | | program.
| 6 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 7 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 8 | | detention prior to judgment.
| 9 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 10 | | for rules and regulations for sentence credit.
| 11 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 12 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 13 | | electronic monitoring and home detention.
| 14 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 15 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 16 | | 5/5-8-1), the parole or mandatory supervised release term shall | 17 | | be 3 years upon release from imprisonment.
| 18 | | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | 19 | | revised 4-3-19.) | 20 | | (730 ILCS 5/5-4.5-30) | 21 | | (Text of Section before amendment by P.A. 100-1182 ) | 22 | | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | 23 | | felony: | 24 | | (a) TERM. The sentence of imprisonment, other than for | 25 | | second degree murder, shall be a determinate sentence of not |
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| 1 | | less than 4 years and not more than 15 years. The sentence of | 2 | | imprisonment for second degree murder shall be a determinate | 3 | | sentence of not less than 4 years and not more than 20 years. | 4 | | The sentence of imprisonment for an extended term Class 1 | 5 | | felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall | 6 | | be a term not less than 15 years and not more than 30 years.
| 7 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 8 | | imprisonment shall be for a definite term of from 3 to 4 years, | 9 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 10 | | ILCS 5/5-5-3 or 5/5-7-1).
| 11 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 12 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 13 | | the impact incarceration program or the county impact | 14 | | incarceration program.
| 15 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 16 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 17 | | period of probation or conditional discharge shall not exceed 4 | 18 | | years. The court shall specify the conditions of probation or | 19 | | conditional discharge as set forth in Section 5-6-3 (730 ILCS | 20 | | 5/5-6-3). In no case shall an offender be eligible for a | 21 | | disposition of probation or conditional discharge for a Class 1 | 22 | | felony committed while he or she was serving a term of | 23 | | probation or conditional discharge for a felony.
| 24 | | (e) FINE. Fines may be imposed as provided in Section | 25 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 26 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) |
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| 1 | | concerning restitution.
| 2 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 3 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 4 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 5 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 6 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 7 | | program.
| 8 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 9 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 10 | | detention prior to judgment.
| 11 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 12 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 13 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 14 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 15 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 16 | | electronic monitoring and home detention.
| 17 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 18 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 19 | | 5/5-8-1), the parole or mandatory supervised release term shall | 20 | | be 2 years upon release from imprisonment.
| 21 | | (Source: P.A. 100-431, eff. 8-25-17.) | 22 | | (Text of Section after amendment by P.A. 100-1182 ) | 23 | | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | 24 | | felony: | 25 | | (a) TERM. The sentence of imprisonment, other than for |
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| 1 | | second degree murder, shall be a determinate sentence of not | 2 | | less than 4 years and not more than 15 years, subject to | 3 | | Section 5-4.5-115 5-4.5-110 of this Code. The sentence of | 4 | | imprisonment for second degree murder shall be a determinate | 5 | | sentence of not less than 4 years and not more than 20 years, | 6 | | subject to Section 5-4.5-115 5-4.5-110 of this Code. The | 7 | | sentence of imprisonment for an extended term Class 1 felony, | 8 | | as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to | 9 | | Section 5-4.5-115 5-4.5-110 of this Code, shall be a term not | 10 | | less than 15 years and not more than 30 years.
| 11 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 12 | | imprisonment shall be for a definite term of from 3 to 4 years, | 13 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 14 | | ILCS 5/5-5-3 or 5/5-7-1).
| 15 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 16 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 17 | | the impact incarceration program or the county impact | 18 | | incarceration program.
| 19 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 20 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 21 | | period of probation or conditional discharge shall not exceed 4 | 22 | | years. The court shall specify the conditions of probation or | 23 | | conditional discharge as set forth in Section 5-6-3 (730 ILCS | 24 | | 5/5-6-3). In no case shall an offender be eligible for a | 25 | | disposition of probation or conditional discharge for a Class 1 | 26 | | felony committed while he or she was serving a term of |
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| 1 | | probation or conditional discharge for a felony.
| 2 | | (e) FINE. Fines may be imposed as provided in Section | 3 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 4 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 5 | | concerning restitution.
| 6 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 7 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 8 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 9 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 10 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 11 | | program.
| 12 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 13 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 14 | | detention prior to judgment.
| 15 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 16 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 17 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 18 | | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | 19 | | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | 20 | | electronic monitoring and home detention.
| 21 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 22 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 23 | | 5/5-8-1), the parole or mandatory supervised release term shall | 24 | | be 2 years upon release from imprisonment.
| 25 | | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | 26 | | revised 4-3-19.)
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| 1 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 2 | | (Text of Section before amendment by P.A. 100-1182 )
| 3 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 4 | | use of a firearm; mandatory supervised release terms.
| 5 | | (a) Except as otherwise provided in the statute defining | 6 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 7 | | imprisonment for a felony shall be a determinate sentence set | 8 | | by
the court under this Section, according to the following | 9 | | limitations:
| 10 | | (1) for first degree murder,
| 11 | | (a) (blank),
| 12 | | (b) if a trier of fact finds beyond a reasonable
| 13 | | doubt that the murder was accompanied by exceptionally
| 14 | | brutal or heinous behavior indicative of wanton | 15 | | cruelty or, except as set forth
in subsection (a)(1)(c) | 16 | | of this Section, that any of the aggravating factors
| 17 | | listed in subsection (b) or (b-5) of Section 9-1 of the | 18 | | Criminal Code of 1961 or the Criminal Code of 2012 are
| 19 | | present, the court may sentence the defendant, subject | 20 | | to Section 5-4.5-105, to a term of natural life
| 21 | | imprisonment, or
| 22 | | (c) the court shall sentence the defendant to a | 23 | | term of natural life
imprisonment if the defendant, at | 24 | | the time of the commission of the murder, had attained | 25 | | the age of 18, and
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| 1 | | (i) has previously been convicted of first | 2 | | degree murder under
any state or federal law, or
| 3 | | (ii) is found guilty of murdering more
than one | 4 | | victim, or
| 5 | | (iii) is found guilty of murdering a peace | 6 | | officer, fireman, or emergency management worker | 7 | | when
the peace officer, fireman, or emergency | 8 | | management worker was killed in the course of | 9 | | performing his
official duties, or to prevent the | 10 | | peace officer or fireman from
performing his | 11 | | official duties, or in retaliation for the peace | 12 | | officer,
fireman, or emergency management worker | 13 | | from performing his official duties, and the | 14 | | defendant knew or should
have known that the | 15 | | murdered individual was a peace officer, fireman, | 16 | | or emergency management worker, or
| 17 | | (iv) is found guilty of murdering an employee | 18 | | of an institution or
facility of the Department of | 19 | | Corrections, or any similar local
correctional | 20 | | agency, when the employee was killed in the course | 21 | | of
performing his official duties, or to prevent | 22 | | the employee from performing
his official duties, | 23 | | or in retaliation for the employee performing his
| 24 | | official duties, or
| 25 | | (v) is found guilty of murdering an emergency | 26 | | medical
technician - ambulance, emergency medical |
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| 1 | | technician - intermediate, emergency
medical | 2 | | technician - paramedic, ambulance driver or other | 3 | | medical assistance or
first aid person while | 4 | | employed by a municipality or other governmental | 5 | | unit
when the person was killed in the course of | 6 | | performing official duties or
to prevent the | 7 | | person from performing official duties or in | 8 | | retaliation
for performing official duties and the | 9 | | defendant knew or should have known
that the | 10 | | murdered individual was an emergency medical | 11 | | technician - ambulance,
emergency medical | 12 | | technician - intermediate, emergency medical
| 13 | | technician - paramedic, ambulance driver, or other | 14 | | medical
assistant or first aid personnel, or
| 15 | | (vi) (blank), or
| 16 | | (vii) is found guilty of first degree murder | 17 | | and the murder was
committed by reason of any | 18 | | person's activity as a community policing | 19 | | volunteer
or to prevent any person from engaging in | 20 | | activity as a community policing
volunteer. For | 21 | | the purpose of this Section, "community policing | 22 | | volunteer"
has the meaning ascribed to it in | 23 | | Section 2-3.5 of the Criminal Code of 2012.
| 24 | | For purposes of clause (v), "emergency medical | 25 | | technician - ambulance",
"emergency medical technician - | 26 | | intermediate", "emergency medical technician -
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| 1 | | paramedic", have the meanings ascribed to them in the | 2 | | Emergency Medical
Services (EMS) Systems Act.
| 3 | | (d) (i) if the person committed the offense while | 4 | | armed with a
firearm, 15 years shall be added to | 5 | | the term of imprisonment imposed by the
court;
| 6 | | (ii) if, during the commission of the offense, | 7 | | the person
personally discharged a firearm, 20 | 8 | | years shall be added to the term of
imprisonment | 9 | | imposed by the court;
| 10 | | (iii) if, during the commission of the | 11 | | offense, the person
personally discharged a | 12 | | firearm that proximately caused great bodily harm,
| 13 | | permanent disability, permanent disfigurement, or | 14 | | death to another person, 25
years or up to a term | 15 | | of natural life shall be added to the term of
| 16 | | imprisonment imposed by the court.
| 17 | | (2) (blank);
| 18 | | (2.5) for a person who has attained the age of 18 years
| 19 | | at the time of the commission of the offense and
who is | 20 | | convicted under the circumstances described in subdivision | 21 | | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection | 22 | | (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | 23 | | or paragraph (2) of subsection
(d) of Section 12-14, | 24 | | subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | 25 | | of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | 26 | | Section 11-1.40 or paragraph (2) of subsection (b) of |
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| 1 | | Section 12-14.1
of the Criminal Code of 1961 or the | 2 | | Criminal Code of 2012, the sentence shall be a term of | 3 | | natural life
imprisonment.
| 4 | | (b) (Blank).
| 5 | | (c) (Blank).
| 6 | | (d) Subject to
earlier termination under Section 3-3-8, the | 7 | | parole or mandatory
supervised release term shall be written as | 8 | | part of the sentencing order and shall be as follows:
| 9 | | (1) for first degree murder or a Class X felony except | 10 | | for the offenses of predatory criminal sexual assault of a | 11 | | child, aggravated criminal sexual assault, and criminal | 12 | | sexual assault if committed on or after the effective date | 13 | | of this amendatory Act of the 94th General Assembly and | 14 | | except for the offense of aggravated child pornography | 15 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with | 16 | | sentencing under subsection (c-5) of Section 11-20.1 of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 18 | | committed on or after January 1, 2009, 3 years;
| 19 | | (2) for a Class 1 felony or a Class 2 felony except for | 20 | | the offense of criminal sexual assault if committed on or | 21 | | after the effective date of this amendatory Act of the 94th | 22 | | General Assembly and except for the offenses of manufacture | 23 | | and dissemination of child pornography under clauses | 24 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 25 | | of 1961 or the Criminal Code of 2012, if committed on or | 26 | | after January 1, 2009, 2 years;
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| 1 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 2 | | (4) for defendants who commit the offense of predatory | 3 | | criminal sexual assault of a child, aggravated criminal | 4 | | sexual assault, or criminal sexual assault, on or after the | 5 | | effective date of this amendatory Act of the 94th General | 6 | | Assembly, or who commit the offense of aggravated child | 7 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 8 | | with sentencing under subsection (c-5) of Section 11-20.1 | 9 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 10 | | manufacture of child pornography, or dissemination of | 11 | | child pornography after January 1, 2009, the term of | 12 | | mandatory supervised release shall range from a minimum of | 13 | | 3 years to a maximum of the natural life of the defendant;
| 14 | | (5) if the victim is under 18 years of age, for a | 15 | | second or subsequent
offense of aggravated criminal sexual | 16 | | abuse or felony criminal sexual abuse,
4 years, at least | 17 | | the first 2 years of which the defendant shall serve in an
| 18 | | electronic monitoring or home detention program under | 19 | | Article 8A of Chapter V of this Code;
| 20 | | (6) for a felony domestic battery, aggravated domestic | 21 | | battery, stalking, aggravated stalking, and a felony | 22 | | violation of an order of protection, 4 years. | 23 | | (e) (Blank).
| 24 | | (f) (Blank).
| 25 | | (Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431, | 26 | | eff. 8-25-17.) |
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| 1 | | (Text of Section after amendment by P.A. 100-1182 )
| 2 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 3 | | use of a firearm; mandatory supervised release terms.
| 4 | | (a) Except as otherwise provided in the statute defining | 5 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 6 | | imprisonment for a felony shall be a determinate sentence set | 7 | | by
the court under this Section, subject to Section 5-4.5-115 | 8 | | 5-4.5-110 of 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 |
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| 1 | | degree murder under
any state or federal law, or
| 2 | | (ii) is found guilty of murdering more
than one | 3 | | victim, or
| 4 | | (iii) is found guilty of murdering a peace | 5 | | officer, fireman, or emergency management worker | 6 | | when
the peace officer, fireman, or emergency | 7 | | management worker was killed in the course of | 8 | | performing his
official duties, or to prevent the | 9 | | peace officer or fireman from
performing his | 10 | | official duties, or in retaliation for the peace | 11 | | officer,
fireman, or emergency management worker | 12 | | from performing his official duties, and the | 13 | | defendant knew or should
have known that the | 14 | | murdered individual was a peace officer, fireman, | 15 | | or emergency management worker, or
| 16 | | (iv) is found guilty of murdering an employee | 17 | | of an institution or
facility of the Department of | 18 | | Corrections, or any similar local
correctional | 19 | | agency, when the employee was killed in the course | 20 | | of
performing his official duties, or to prevent | 21 | | the employee from performing
his official duties, | 22 | | or in retaliation for the employee performing his
| 23 | | official duties, or
| 24 | | (v) is found guilty of murdering an emergency | 25 | | medical
technician - ambulance, emergency medical | 26 | | technician - intermediate, emergency
medical |
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| 1 | | technician - paramedic, ambulance driver or other | 2 | | medical assistance or
first aid person while | 3 | | employed by a municipality or other governmental | 4 | | unit
when the person was killed in the course of | 5 | | performing official duties or
to prevent the | 6 | | person from performing official duties or in | 7 | | retaliation
for performing official duties and the | 8 | | defendant knew or should have known
that the | 9 | | murdered individual was an emergency medical | 10 | | technician - ambulance,
emergency medical | 11 | | technician - intermediate, emergency medical
| 12 | | technician - paramedic, ambulance driver, or other | 13 | | medical
assistant or first aid personnel, or
| 14 | | (vi) (blank), or
| 15 | | (vii) is found guilty of first degree murder | 16 | | and the murder was
committed by reason of any | 17 | | person's activity as a community policing | 18 | | volunteer
or to prevent any person from engaging in | 19 | | activity as a community policing
volunteer. For | 20 | | the purpose of this Section, "community policing | 21 | | volunteer"
has the meaning ascribed to it in | 22 | | Section 2-3.5 of the Criminal Code of 2012.
| 23 | | For purposes of clause (v), "emergency medical | 24 | | technician - ambulance",
"emergency medical technician - | 25 | | intermediate", "emergency medical technician -
| 26 | | paramedic", have the meanings ascribed to them in the |
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| 1 | | Emergency Medical
Services (EMS) Systems Act.
| 2 | | (d) (i) if the person committed the offense while | 3 | | armed with a
firearm, 15 years shall be added to | 4 | | the term of imprisonment imposed by the
court;
| 5 | | (ii) if, during the commission of the offense, | 6 | | the person
personally discharged a firearm, 20 | 7 | | years shall be added to the term of
imprisonment | 8 | | imposed by the court;
| 9 | | (iii) if, during the commission of the | 10 | | offense, the person
personally discharged a | 11 | | firearm that proximately caused great bodily harm,
| 12 | | permanent disability, permanent disfigurement, or | 13 | | death to another person, 25
years or up to a term | 14 | | of natural life shall be added to the term of
| 15 | | imprisonment imposed by the court.
| 16 | | (2) (blank);
| 17 | | (2.5) for a person who has attained the age of 18 years
| 18 | | at the time of the commission of the offense and
who is | 19 | | convicted under the circumstances described in subdivision | 20 | | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection | 21 | | (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | 22 | | or paragraph (2) of subsection
(d) of Section 12-14, | 23 | | subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | 24 | | of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | 25 | | Section 11-1.40 or paragraph (2) of subsection (b) of | 26 | | Section 12-14.1
of the Criminal Code of 1961 or the |
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| 1 | | Criminal Code of 2012, the sentence shall be a term of | 2 | | natural life
imprisonment.
| 3 | | (b) (Blank).
| 4 | | (c) (Blank).
| 5 | | (d) Subject to
earlier termination under Section 3-3-8, the | 6 | | parole or mandatory
supervised release term shall be written as | 7 | | part of the sentencing order and shall be as follows:
| 8 | | (1) for first degree murder or a Class X felony except | 9 | | for the offenses of predatory criminal sexual assault of a | 10 | | child, aggravated criminal sexual assault, and criminal | 11 | | sexual assault if committed on or after the effective date | 12 | | of this amendatory Act of the 94th General Assembly and | 13 | | except for the offense of aggravated child pornography | 14 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with | 15 | | sentencing under subsection (c-5) of Section 11-20.1 of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 17 | | committed on or after January 1, 2009, 3 years;
| 18 | | (2) for a Class 1 felony or a Class 2 felony except for | 19 | | the offense of criminal sexual assault if committed on or | 20 | | after the effective date of this amendatory Act of the 94th | 21 | | General Assembly and except for the offenses of manufacture | 22 | | and dissemination of child pornography under clauses | 23 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 24 | | of 1961 or the Criminal Code of 2012, if committed on or | 25 | | after January 1, 2009, 2 years;
| 26 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
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| 1 | | (4) for defendants who commit the offense of predatory | 2 | | criminal sexual assault of a child, aggravated criminal | 3 | | sexual assault, or criminal sexual assault, on or after the | 4 | | effective date of this amendatory Act of the 94th General | 5 | | Assembly, or who commit the offense of aggravated child | 6 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 7 | | with sentencing under subsection (c-5) of Section 11-20.1 | 8 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 9 | | manufacture of child pornography, or dissemination of | 10 | | child pornography after January 1, 2009, the term of | 11 | | mandatory supervised release shall range from a minimum of | 12 | | 3 years to a maximum of the natural life of the defendant;
| 13 | | (5) if the victim is under 18 years of age, for a | 14 | | second or subsequent
offense of aggravated criminal sexual | 15 | | abuse or felony criminal sexual abuse,
4 years, at least | 16 | | the first 2 years of which the defendant shall serve in an
| 17 | | electronic monitoring or home detention program under | 18 | | Article 8A of Chapter V of this Code;
| 19 | | (6) for a felony domestic battery, aggravated domestic | 20 | | battery, stalking, aggravated stalking, and a felony | 21 | | violation of an order of protection, 4 years. | 22 | | (e) (Blank).
| 23 | | (f) (Blank).
| 24 | | (Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431, | 25 | | eff. 8-25-17; 100-1182, eff. 6-1-19; revised 4-3-19.) |
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| 1 | | Section 15. The Open Parole Hearings Act is amended by | 2 | | changing Sections 10 and 25 as follows:
| 3 | | (730 ILCS 105/10) (from Ch. 38, par. 1660)
| 4 | | Sec. 10. Victim Victim's statements.
| 5 | | (a) The Board shall receive and consider victim statements. | 6 | | (a-5) Pursuant to paragraph (19) of subsection (b) of | 7 | | Section 4.5 of the Rights of Crime Victims and Witnesses Act | 8 | | Upon request of the victim , the State's Attorney shall forward | 9 | | a
copy of any statement presented at the time of trial to the | 10 | | Prisoner Review
Board to be considered at the time of a parole | 11 | | hearing.
| 12 | | (b) The victim has the right to submit a victim statement | 13 | | for consideration by the Prisoner Review Board in writing, on | 14 | | film, videotape, or other electronic means, or in the form of a | 15 | | recording prior to the parole hearing, or orally at the parole | 16 | | hearing, or by calling the toll-free number established in | 17 | | subsection (f) of Section 4.5 of the Rights of Crime Victims | 18 | | and Witnesses Act. Victim statements shall not be considered | 19 | | public documents under provisions of the Freedom of Information | 20 | | Act. | 21 | | (b-5) Other than as provided in subsection (c), the Board | 22 | | shall not release any material to the inmate, the inmate's | 23 | | attorney, any third party, or any other person that contains | 24 | | any information from a victim who has provided a victim | 25 | | statement to the Board, unless provided with a waiver from that |
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| 1 | | victim. The Board shall not release the names or addresses of | 2 | | any person on its victim registry to any other person except | 3 | | the victim, a law enforcement agency, or other victim | 4 | | notification system. Victim statements provided to the Board | 5 | | shall be confidential and privileged, including any statements | 6 | | received prior to the effective date of this amendatory Act of | 7 | | the 101st General Assembly, except if the statement was an oral | 8 | | statement made by the victim at a hearing open to the public. | 9 | | (c) The inmate or his or her attorney shall be informed of | 10 | | the existence of a victim statement and its contents under | 11 | | provisions of Board rules. This shall not be construed to | 12 | | permit disclosure to an inmate of any information which might | 13 | | result in the risk of threats or physical harm to a victim or | 14 | | complaining witness. | 15 | | (d) The inmate shall be given the opportunity to answer a | 16 | | victim statement, either orally or in writing. | 17 | | (e) All victim statements, except if the statement was an | 18 | | oral statement made by the victim at a hearing open to the | 19 | | public, shall be part of the applicant's, releasee's, or | 20 | | parolee's parole file. The victim may enter a statement either | 21 | | oral, written, on video
tape, or other electronic means in the | 22 | | form and manner described by the
Prisoner Review Board to be | 23 | | considered at the time of a parole consideration
hearing.
| 24 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
| 25 | | (730 ILCS 105/25) (from Ch. 38, par. 1675)
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| 1 | | Sec. 25. Notification of future parole hearings.
| 2 | | (a) The Board shall notify the State's Attorney of the | 3 | | committing county
of the pending hearing and the victim of all | 4 | | forthcoming parole hearings at
least 15 days in advance. | 5 | | Written notification shall contain:
| 6 | | (1) notification of the place of the hearing;
| 7 | | (2) the date and approximate time of the hearing;
| 8 | | (3) their right to enter a statement, to appear in | 9 | | person, and to
submit other information by video tape, tape | 10 | | recording, or other electronic
means in the form and manner | 11 | | described by the Board
or if a victim of a violent crime as | 12 | | defined in
subsection (c) of Section 3 of the Rights of | 13 | | Crime Victims and Witnesses Act,
by calling the toll-free | 14 | | number established in subsection (f) of Section 4.5 of the | 15 | | Rights of Crime Victims and Witnesses Act subsection (f) of | 16 | | that
Section .
| 17 | | Notification to the victims shall be at the last known | 18 | | address of the
victim. It shall be the responsibility of the | 19 | | victim to notify the board of
any changes in address and name.
| 20 | | (b) However, at any time the victim may request by a | 21 | | written certified
statement that the Prisoner Review Board stop | 22 | | sending notice under this
Section.
| 23 | | (c) (Blank).
| 24 | | (d) No later than 7 days after a parole hearing the Board | 25 | | shall send
notice of its decision to the State's Attorney and | 26 | | victim. If parole is
denied, the Board shall within a |
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| 1 | | reasonable period of time notify the
victim of the month and | 2 | | year of the next scheduled hearing.
| 3 | | (Source: P.A. 93-235, eff. 7-22-03.)
| 4 | | (730 ILCS 105/35 rep.) | 5 | | Section 20. The Open Parole Hearings Act is amended by | 6 | | repealing Section 35. | 7 | | Section 95. No acceleration or delay. Where this Act makes | 8 | | changes in a statute that is represented in this Act by text | 9 | | that is not yet or no longer in effect (for example, a Section | 10 | | represented by multiple versions), the use of that text does | 11 | | not accelerate or delay the taking effect of (i) the changes | 12 | | made by this Act or (ii) provisions derived from any other | 13 | | Public Act.".
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