Full Text of HB3512 102nd General Assembly
HB3512 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3512 Introduced 2/22/2021, by Rep. Justin Slaughter SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-3-1 | from Ch. 38, par. 1003-3-1 | 730 ILCS 5/3-3-2 | from Ch. 38, par. 1003-3-2 | 730 ILCS 5/3-3-3 | from Ch. 38, par. 1003-3-3 |
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Amends the Unified Code of Corrections. Provides that the Prisoner Review Board shall be the authority for setting conditions for mandatory supervised release under specified provisions and determining whether a violation of those conditions warrant revocation of mandatory supervised release or the imposition of other sanctions. Provides that the Board shall hear by at least one member and through a panel of at least 3 members determine the conditions of mandatory supervised release, determine the time of discharge from mandatory supervised release, impose sanctions for violations of mandatory supervised release, and revoke mandatory supervised release for those sentenced under specified provisions. Provides that if a person was originally prosecuted under the provisions of the Criminal Code of 1961 or the Criminal Code of 2012, sentenced under the provisions of the Act pursuant to the Juvenile Court Act of 1987, and convicted as an adult and committed to the Department of Juvenile Justice, the Department of Juvenile Justice shall, no less than 120 days prior to the date that the person reaches the age of 21, send written notification to the Prisoner Review Board indicating the day upon which the committed person will achieve the age of 21. Requires the Prisoner Review Board to conduct a hearing with no less than 3 members to determine whether or not the minor shall be assigned mandatory supervised release or be transferred to the Department of Corrections prior to the minor's twenty-first birthday.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-1, 3-3-2, and 3-3-3 as follows:
| 6 | | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
| 7 | | Sec. 3-3-1. Establishment and appointment of Prisoner | 8 | | Review Board.
| 9 | | (a) There shall be a Prisoner Review Board independent of | 10 | | the Department
which shall be:
| 11 | | (1) the paroling authority for persons sentenced under | 12 | | the
law in effect prior to the effective date of this | 13 | | amendatory
Act of 1977;
| 14 | | (1.2) the paroling authority for persons eligible for | 15 | | parole review under Section 5-4.5-115; | 16 | | (1.5) (blank); | 17 | | (1.10) the authority for setting conditions for | 18 | | mandatory supervised release under subsection (f) of | 19 | | Section 3-3-3 of this Code and determining whether a | 20 | | violation of those conditions warrant revocation of | 21 | | mandatory supervised release or the imposition of other | 22 | | sanctions; | 23 | | (2) the board of review for cases involving the |
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| 1 | | revocation
of sentence credits or a suspension or | 2 | | reduction in the
rate of accumulating the credit;
| 3 | | (3) the board of review and recommendation for the | 4 | | exercise
of executive clemency by the Governor;
| 5 | | (4) the authority for establishing release dates for
| 6 | | certain prisoners sentenced under the law in existence | 7 | | prior
to the effective date of this amendatory Act of | 8 | | 1977, in
accordance with Section 3-3-2.1 of this Code;
| 9 | | (5) the authority for setting conditions for parole | 10 | | and
mandatory supervised release under Section 5-8-1(a) of | 11 | | this
Code, and determining whether a violation of those | 12 | | conditions
warrant revocation of parole or mandatory | 13 | | supervised release
or the imposition of other sanctions; | 14 | | and | 15 | | (6) the authority for determining whether a violation | 16 | | of aftercare release conditions warrant revocation of | 17 | | aftercare release.
| 18 | | (b) The Board shall consist of 15 persons appointed by
the | 19 | | Governor by and with the advice and consent of the Senate.
One | 20 | | member of the Board shall be designated by the Governor
to be | 21 | | Chairman and shall serve as Chairman at the pleasure of
the | 22 | | Governor. The members of the Board shall have had at
least 5 | 23 | | years of actual experience in the fields of penology,
| 24 | | corrections work, law enforcement, sociology, law, education,
| 25 | | social work, medicine, psychology, other behavioral sciences,
| 26 | | or a combination thereof. At least 6 members so appointed
must |
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| 1 | | have at least 3 years experience in the field of
juvenile | 2 | | matters. No more than 8 Board members may be members
of the | 3 | | same political party.
| 4 | | Each member of the Board shall serve on a full-time basis
| 5 | | and shall not hold any other salaried public office, whether | 6 | | elective or
appointive, nor any other office or position of | 7 | | profit, nor engage in any
other business, employment, or | 8 | | vocation. The Chairman of the Board shall
receive $35,000 a | 9 | | year, or an amount set by the Compensation Review Board,
| 10 | | whichever is greater, and each other member $30,000, or an | 11 | | amount set by the
Compensation Review Board, whichever is | 12 | | greater.
| 13 | | (c) Notwithstanding any other provision of this Section,
| 14 | | the term of each member of the Board
who was appointed by the | 15 | | Governor and is in office on June 30, 2003 shall
terminate at | 16 | | the close of business on that date or when all of the successor
| 17 | | members to be appointed pursuant to this amendatory Act of the | 18 | | 93rd General
Assembly have been appointed by the Governor, | 19 | | whichever occurs later. As soon
as possible, the Governor | 20 | | shall appoint persons to fill the vacancies created
by this | 21 | | amendatory Act.
| 22 | | Of the initial members appointed under this amendatory Act | 23 | | of the 93rd
General Assembly, the Governor shall appoint 5 | 24 | | members whose terms shall expire
on the third Monday
in | 25 | | January 2005, 5 members whose terms shall expire on the
third | 26 | | Monday in January 2007, and 5 members whose terms
shall expire |
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| 1 | | on the third Monday in January 2009. Their respective | 2 | | successors
shall be appointed for terms of 6 years from the | 3 | | third Monday
in January of the year of appointment. Each | 4 | | member shall
serve until his or her successor is appointed and | 5 | | qualified.
| 6 | | Any member may be removed by the Governor for | 7 | | incompetence, neglect of duty,
malfeasance or inability to | 8 | | serve.
| 9 | | (d) The Chairman of the Board shall be its chief executive | 10 | | and
administrative officer. The Board may have an Executive | 11 | | Director; if so,
the Executive Director shall be appointed by | 12 | | the Governor with the advice and
consent of the Senate. The | 13 | | salary and duties of the Executive Director shall
be fixed by | 14 | | the Board.
| 15 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)
| 16 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 17 | | Sec. 3-3-2. Powers and duties.
| 18 | | (a) The Parole and Pardon Board is abolished and the term | 19 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 20 | | read "Prisoner Review
Board." After February 1, 1978 ( the | 21 | | effective date of Public Act 81-1099) this amendatory Act of | 22 | | 1977 , the
Prisoner Review Board shall provide by rule for the | 23 | | orderly transition of
all files, records, and documents of the | 24 | | Parole and Pardon Board and for
such other steps as may be | 25 | | necessary to effect an orderly transition and shall:
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| 1 | | (1) hear by at least one member and through a panel of | 2 | | at least 3 members
decide, cases of prisoners
who were | 3 | | sentenced under the law in effect prior to February 1, | 4 | | 1978 ( the effective
date of Public Act 81-1099) this | 5 | | amendatory Act of 1977 , and who are eligible for parole;
| 6 | | (2) hear by at least one member and through a panel of | 7 | | at least 3 members decide, the conditions of
parole and | 8 | | the time of discharge from parole, impose sanctions for
| 9 | | violations of parole, and revoke
parole for those | 10 | | sentenced under the law in effect prior to February 1, | 11 | | 1978 (the effective
date of Public Act 81-1099) this | 12 | | amendatory
Act of 1977 ; provided that the decision to | 13 | | parole and the conditions of
parole for all prisoners who | 14 | | were sentenced for first degree murder or who
received a | 15 | | minimum sentence of 20 years or more under the law in | 16 | | effect
prior to February 1, 1978 shall be determined by a | 17 | | majority vote of the
Prisoner Review Board. One | 18 | | representative supporting parole and one representative | 19 | | opposing parole will be allowed to speak. Their comments | 20 | | shall be limited to making corrections and filling in | 21 | | omissions to the Board's presentation and discussion;
| 22 | | (3) hear by at least one member and through a panel of | 23 | | at least 3 members decide, the conditions
of mandatory | 24 | | supervised release and the time of discharge from | 25 | | mandatory
supervised release, impose sanctions for | 26 | | violations of mandatory
supervised release, and revoke |
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| 1 | | mandatory supervised release for those
sentenced under the | 2 | | law in effect after February 1, 1978 ( the effective date | 3 | | of Public Act 81-1099) this
amendatory Act of 1977 ;
| 4 | | (3.5) hear by at least one member and through a panel | 5 | | of at least 3 members decide, the conditions of mandatory | 6 | | supervised release and the time of discharge from | 7 | | mandatory supervised release, to impose sanctions for | 8 | | violations of mandatory supervised release and revoke | 9 | | mandatory supervised release for those serving extended | 10 | | supervised release terms pursuant to paragraph (4) of | 11 | | subsection (d) of Section 5-8-1;
| 12 | | (3.6) hear by at least one member and through a panel | 13 | | of at least 3 members decide whether to revoke aftercare | 14 | | release for those committed to the Department of Juvenile | 15 | | Justice under the Juvenile Court Act of 1987; | 16 | | (4) hear by at least one member and through a panel of | 17 | | at least 3
members,
decide cases brought by the Department | 18 | | of Corrections against a prisoner in
the custody of the | 19 | | Department for alleged violation of Department rules
with | 20 | | respect to sentence credits under Section 3-6-3 of this | 21 | | Code
in which the Department seeks to revoke sentence | 22 | | credits, if the amount
of time at issue exceeds 30 days or | 23 | | when, during any 12-month 12 month period, the
cumulative | 24 | | amount of credit revoked exceeds 30 days except where the
| 25 | | infraction is committed or discovered within 60 days of | 26 | | scheduled release.
In such cases, the Department of |
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| 1 | | Corrections may revoke up to 30 days of
sentence credit. | 2 | | The Board may subsequently approve the revocation of
| 3 | | additional sentence credit, if the Department seeks to | 4 | | revoke sentence credit in excess of 30 thirty days. | 5 | | However, the Board shall not be
empowered to review the | 6 | | Department's decision with respect to the loss of
30 days | 7 | | of sentence credit for any prisoner or to increase any | 8 | | penalty
beyond the length requested by the Department;
| 9 | | (5) hear by at least one member and through a panel of | 10 | | at least 3
members decide, the
release dates for certain | 11 | | prisoners sentenced under the law in existence
prior to | 12 | | February 1, 1978 ( the effective date of Public Act | 13 | | 81-1099) this amendatory Act of 1977 , in
accordance with | 14 | | Section 3-3-2.1 of this Code;
| 15 | | (6) hear by at least one member and through a panel of | 16 | | at least 3 members
decide, all requests for pardon, | 17 | | reprieve or commutation, and make confidential
| 18 | | recommendations to the Governor;
| 19 | | (6.5) hear by at least one member who is qualified in | 20 | | the field of juvenile matters and through a panel of at | 21 | | least 3 members, 2 of whom are qualified in the field of | 22 | | juvenile matters, decide parole review cases in accordance | 23 | | with Section 5-4.5-115 of this Code and make release | 24 | | determinations of persons under the age of 21 at the time | 25 | | of the commission of an offense or offenses, other than | 26 | | those persons serving sentences for first degree murder or |
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| 1 | | aggravated criminal sexual assault; | 2 | | (6.6) hear by at least a quorum of
the Prisoner Review | 3 | | Board and decide by a majority of members present at the | 4 | | hearing, in accordance with Section 5-4.5-115 of this
| 5 | | Code, release determinations of persons under the age of | 6 | | 21 at the
time of the commission of an offense or offenses | 7 | | of those persons serving
sentences for first degree murder | 8 | | or aggravated criminal sexual assault; | 9 | | (6.7) hear by at least one member and through a panel | 10 | | of at least 3 members determine the conditions of | 11 | | mandatory supervised release, determine the time of | 12 | | discharge from mandatory supervised release, impose | 13 | | sanctions for violations of mandatory supervised release, | 14 | | and revoke mandatory supervised release for those | 15 | | sentenced under subsection (f) of Section 3-3-3 of this | 16 | | Code; | 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 | 26 | | of 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 | 5 | | of relief from
disabilities or certificates of good | 6 | | conduct as provided in Article 5.5 of
Chapter V; | 7 | | (10) upon a petition by a person who has been | 8 | | convicted 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 | 19 | | expiration of his or her sentence; | 20 | | (B) until 5 years have elapsed since any arrests | 21 | | or detentions by a law enforcement officer for an | 22 | | alleged violation of law, other than a petty offense, | 23 | | traffic offense, conservation offense, or local | 24 | | ordinance 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 | 14 | | and 4 felony convictions of the petitioner from one | 15 | | information or indictment under this paragraph (10). A | 16 | | petitioner may only receive one certificate of eligibility | 17 | | for sealing 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 | 21 | | this or any other state and had received an honorable | 22 | | discharge from the United States Armed Forces or National | 23 | | Guard or who at the time of filing the petition is enlisted | 24 | | in the United States Armed Forces or National Guard of | 25 | | this or any other state and served one tour of duty and who | 26 | | meets the requirements of this paragraph, hear by at least |
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| 1 | | 3 members and, with the unanimous vote of a panel of 3 | 2 | | members, issue a certificate of eligibility for | 3 | | expungement recommending that the court order the | 4 | | expungement of all official
records of the arresting | 5 | | authority, the circuit court clerk, and the Department of | 6 | | State Police concerning the arrest and conviction for the | 7 | | Class 3 or 4 felony. A person may not apply to the Board | 8 | | for a certificate of eligibility 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 | 13 | | 2012; | 14 | | (ii) an offense under the Criminal Code of | 15 | | 1961 or Criminal Code of 2012 involving a firearm; | 16 | | or | 17 | | (iii) a crime of violence as defined in | 18 | | Section 2 of the Crime Victims Compensation Act; | 19 | | or | 20 | | (B) if the person has not served in the United | 21 | | States Armed Forces or National Guard of this or any | 22 | | other state or has not received an honorable discharge | 23 | | from the United States Armed Forces or National Guard | 24 | | of this or any other state or who at the time of the | 25 | | filing of the petition is serving in the United States | 26 | | Armed Forces or National Guard of this or any other |
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| 1 | | state and has not completed one tour of duty. | 2 | | If a person has applied to the Board for a certificate | 3 | | of eligibility for expungement and the Board denies the | 4 | | certificate, the person must wait at least 4 years before | 5 | | filing again or filing for a pardon with authorization for | 6 | | expungement from the Governor unless the Governor or | 7 | | Chairman of the Prisoner Review Board grants a waiver. | 8 | | (a-5) The Prisoner Review Board, with the cooperation of | 9 | | and in
coordination with the Department of Corrections and the | 10 | | Department of Central
Management Services, shall implement a | 11 | | pilot project in 3 correctional
institutions providing for the | 12 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 13 | | (a) of this Section through interactive video conferences.
The
| 14 | | project shall be implemented within 6 months after January 1, | 15 | | 1997 ( the effective date of Public Act 89-490) this
amendatory | 16 | | Act of 1996 . Within 6 months after the implementation of the | 17 | | pilot
project, the Prisoner Review Board, with the cooperation | 18 | | of and in coordination
with the Department of Corrections and | 19 | | the Department of Central Management
Services, shall report to | 20 | | the Governor and the General Assembly regarding the
use, | 21 | | costs, effectiveness, and future viability of interactive | 22 | | video
conferences for Prisoner Review Board hearings.
| 23 | | (b) Upon recommendation of the Department the Board may | 24 | | restore sentence credit previously revoked.
| 25 | | (c) The Board shall cooperate with the Department in | 26 | | promoting an
effective system of parole and mandatory |
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| 1 | | supervised release.
| 2 | | (d) The Board shall promulgate rules for the conduct of | 3 | | its work,
and the Chairman shall file a copy of such rules and | 4 | | any amendments
thereto with the Director and with the | 5 | | Secretary of State.
| 6 | | (e) The Board shall keep records of all of its official | 7 | | actions and
shall make them accessible in accordance with law | 8 | | and the rules of the
Board.
| 9 | | (f) The Board or one who has allegedly violated the | 10 | | conditions of
his or her parole, aftercare release, or | 11 | | mandatory supervised release may require by subpoena the
| 12 | | attendance and testimony of witnesses and the production of | 13 | | documentary
evidence relating to any matter under | 14 | | investigation or hearing. The
Chairman of the Board may sign | 15 | | subpoenas which shall be served by any
agent or public | 16 | | official authorized by the Chairman of the Board, or by
any | 17 | | person lawfully authorized to serve a subpoena under the laws | 18 | | of the
State of Illinois. The attendance of witnesses, and the | 19 | | production of
documentary evidence, may be required from any | 20 | | place in the State to a
hearing location in the State before | 21 | | the Chairman of the Board or his or her
designated agent or | 22 | | agents or any duly constituted Committee or
Subcommittee of | 23 | | the Board. Witnesses so summoned shall be paid the same
fees | 24 | | and mileage that are paid witnesses in the circuit courts of | 25 | | the
State, and witnesses whose depositions are taken and the | 26 | | persons taking
those depositions are each entitled to the same |
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| 1 | | fees as are paid for
like services in actions in the circuit | 2 | | courts of the State. Fees and
mileage shall be vouchered for | 3 | | payment when the witness is discharged
from further | 4 | | attendance.
| 5 | | In case of disobedience to a subpoena, the Board may | 6 | | petition any
circuit court of the State for an order requiring | 7 | | the attendance and
testimony of witnesses or the production of | 8 | | documentary evidence or
both. A copy of such petition shall be | 9 | | served by personal service or by
registered or certified mail | 10 | | upon the person who has failed to obey the
subpoena, and such | 11 | | person shall be advised in writing that a hearing
upon the | 12 | | petition will be requested in a court room to be designated in
| 13 | | such notice before the judge hearing motions or extraordinary | 14 | | remedies
at a specified time, on a specified date, not less | 15 | | than 10 nor more than
15 days after the deposit of the copy of | 16 | | the written notice and petition
in the U.S. mail mails | 17 | | addressed to the person at his or her last known address or
| 18 | | after the personal service of the copy of the notice and | 19 | | petition upon
such person. The court upon the filing of such a | 20 | | petition, may order the
person refusing to obey the subpoena | 21 | | to appear at an investigation or
hearing, or to there produce | 22 | | documentary evidence, if so ordered, or to
give evidence | 23 | | relative to the subject matter of that investigation or
| 24 | | hearing. Any failure to obey such order of the circuit court | 25 | | may be
punished by that court as a contempt of court.
| 26 | | Each member of the Board and any hearing officer |
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| 1 | | designated by the
Board shall have the power to administer | 2 | | oaths and to take the testimony
of persons under oath.
| 3 | | (g) Except under subsection (a) of this Section, a | 4 | | majority of the
members then appointed to the Prisoner Review | 5 | | Board shall constitute a
quorum for the transaction of all | 6 | | business of the Board.
| 7 | | (h) The Prisoner Review Board shall annually transmit to | 8 | | the
Director a detailed report of its work for the preceding | 9 | | calendar year.
The annual report shall also be transmitted to | 10 | | the Governor for
submission to the Legislature.
| 11 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20; | 12 | | revised 8-19-20.)
| 13 | | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
| 14 | | Sec. 3-3-3. Eligibility for parole or release.
| 15 | | (a) Except for those offenders who accept the fixed | 16 | | release
date established by the Prisoner Review Board under | 17 | | Section
3-3-2.1, every person serving a term of imprisonment | 18 | | under
the law in effect prior to the effective date of this
| 19 | | amendatory Act of 1977 shall be eligible for parole when
he or | 20 | | she has served:
| 21 | | (1) the minimum term of an indeterminate sentence less
| 22 | | time credit for good behavior, or 20 years less time | 23 | | credit
for good behavior, whichever is less; or
| 24 | | (2) 20 years of a life sentence less time credit for | 25 | | good behavior; or
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| 1 | | (3) 20 years or one-third of a determinate sentence,
| 2 | | whichever is less, less time credit for good behavior.
| 3 | | (b) No person sentenced under this amendatory Act of 1977 | 4 | | or who accepts
a release date under Section 3-3-2.1 shall be | 5 | | eligible for parole.
| 6 | | (c) Except for those sentenced to a term of natural
life | 7 | | imprisonment, every person sentenced to imprisonment
under | 8 | | this amendatory Act of 1977 or given a release date
under | 9 | | Section 3-3-2.1 of this Act shall serve the full term
of a | 10 | | determinate sentence less time credit for good behavior
and | 11 | | shall then be released under the mandatory supervised
release | 12 | | provisions of paragraph (d) of Section 5-8-1 of this Code.
| 13 | | (d) No person serving a term of natural life imprisonment | 14 | | may be paroled
or released except through executive clemency.
| 15 | | (e) Every person committed to the Department of Juvenile | 16 | | Justice under the Juvenile
Court Act
of 1987 and confined in | 17 | | the State correctional
institutions or facilities if such | 18 | | juvenile has not been
tried as an adult shall be eligible for | 19 | | aftercare release under Section 3-2.5-85 of this Code.
| 20 | | However, if a juvenile has been tried as an adult he or she | 21 | | shall
only be eligible for parole or mandatory supervised | 22 | | release
as an adult under this Section. | 23 | | (f) If a person was originally prosecuted under the | 24 | | provisions of the Criminal Code of 1961 or the Criminal Code of | 25 | | 2012, sentenced under the provisions of this Act pursuant to | 26 | | Section 5-805 of the Juvenile Court Act of 1987, and convicted |
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| 1 | | as an adult and committed to the Department of Juvenile | 2 | | Justice under Section 5-8-6, the Department of Juvenile | 3 | | Justice shall, no less than 120 days prior to the date that the | 4 | | person reaches the age of 21, send written notification to the | 5 | | Prisoner Review Board indicating the day upon which the | 6 | | committed person will achieve the age of 21. The Prisoner | 7 | | Review Board shall conduct a hearing with no less than 3 | 8 | | members to determine whether or not the minor shall be | 9 | | assigned mandatory supervised release or be transferred to the | 10 | | Department of Corrections prior to the minor's twenty-first | 11 | | birthday.
| 12 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
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