Full Text of SB1475 102nd General Assembly
SB1475sam001 102ND GENERAL ASSEMBLY | Sen. Jason Plummer Filed: 4/15/2021
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| 1 | | AMENDMENT TO SENATE BILL 1475
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1475 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 3-3-1 as follows:
| 6 | | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
| 7 | | Sec. 3-3-1. Establishment and appointment of Prisoner | 8 | | Review Board.
| 9 | | (a) There shall be a Prisoner Review Board independent of | 10 | | the 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); |
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| 1 | | (2) the board of review for cases involving the | 2 | | revocation
of sentence credits or a suspension or | 3 | | reduction in the
rate of accumulating the credit;
| 4 | | (3) the board of review and recommendation for the | 5 | | exercise
of executive clemency by the Governor;
| 6 | | (4) the authority for establishing release dates for
| 7 | | certain prisoners sentenced under the law in existence | 8 | | prior
to the effective date of this amendatory Act of | 9 | | 1977, in
accordance with Section 3-3-2.1 of this Code;
| 10 | | (5) the authority for setting conditions for parole | 11 | | and
mandatory supervised release under Section 5-8-1(a) of | 12 | | this
Code, and determining whether a violation of those | 13 | | conditions
warrant revocation of parole or mandatory | 14 | | supervised release
or the imposition of other sanctions; | 15 | | and | 16 | | (6) the authority for determining whether a violation | 17 | | of aftercare release conditions warrant revocation of | 18 | | aftercare release.
| 19 | | (b) The Board shall consist of 15 persons appointed by
the | 20 | | Governor by and with the advice and consent of the Senate. The | 21 | | Senate shall confirm or reject an appointee to the Board | 22 | | within either: (1) 30 session days after the person has been | 23 | | appointed by the Governor or (2) 90 calendar days after the | 24 | | person has been appointed by the Governor, whichever occurs | 25 | | first. Failure of the Senate to confirm or reject the person | 26 | | appointed within this time period shall be deemed a rejection |
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| 1 | | of the appointment by the Senate. An appointee to the Board | 2 | | whose name has been withdrawn as a nominee to the Board by the | 3 | | Governor is ineligible to serve on the Board for a period of 2 | 4 | | years after the date of withdrawal.
One member of the Board | 5 | | shall be designated by the Governor
to be Chairman and shall | 6 | | serve as Chairman at the pleasure of
the Governor. The members | 7 | | of the Board shall have had at
least 5 years of actual | 8 | | experience in the fields of penology,
corrections work, law | 9 | | enforcement, sociology, law, education,
social work, medicine, | 10 | | psychology, other behavioral sciences,
or a combination | 11 | | thereof. At least 6 members so appointed
must have at least 3 | 12 | | years experience in the field of
juvenile matters. No more | 13 | | than 8 Board members may be members
of the same political | 14 | | party.
| 15 | | Each member of the Board shall serve on a full-time basis
| 16 | | and shall not hold any other salaried public office, whether | 17 | | elective or
appointive, nor any other office or position of | 18 | | profit, nor engage in any
other business, employment, or | 19 | | vocation. The Chairman of the Board shall
receive $35,000 a | 20 | | year, or an amount set by the Compensation Review Board,
| 21 | | whichever is greater, and each other member $30,000, or an | 22 | | amount set by the
Compensation Review Board, whichever is | 23 | | greater.
| 24 | | (c) Notwithstanding any other provision of this Section,
| 25 | | the term of each member of the Board
who was appointed by the | 26 | | Governor and is in office on June 30, 2003 shall
terminate at |
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| 1 | | the close of business on that date or when all of the successor
| 2 | | members to be appointed pursuant to this amendatory Act of the | 3 | | 93rd General
Assembly have been appointed by the Governor, | 4 | | whichever occurs later. As soon
as possible, the Governor | 5 | | shall appoint persons to fill the vacancies created
by this | 6 | | amendatory Act.
| 7 | | Of the initial members appointed under this amendatory Act | 8 | | of the 93rd
General Assembly, the Governor shall appoint 5 | 9 | | members whose terms shall expire
on the third Monday
in | 10 | | January 2005, 5 members whose terms shall expire on the
third | 11 | | Monday in January 2007, and 5 members whose terms
shall expire | 12 | | on the third Monday in January 2009. Their respective | 13 | | successors
shall be appointed for terms of 6 years from the | 14 | | third Monday
in January of the year of appointment. Each | 15 | | member shall
serve until his or her successor is appointed and | 16 | | qualified.
| 17 | | Any member may be removed by the Governor for | 18 | | incompetence, neglect of duty,
malfeasance or inability to | 19 | | serve.
| 20 | | (d) The Chairman of the Board shall be its chief executive | 21 | | and
administrative officer. The Board may have an Executive | 22 | | Director; if so,
the Executive Director shall be appointed by | 23 | | the Governor with the advice and
consent of the Senate. The | 24 | | salary and duties of the Executive Director shall
be fixed by | 25 | | the Board.
| 26 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)".
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