Full Text of SB2120 102nd General Assembly
SB2120 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2120 Introduced 2/26/2021, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-3-3 | from Ch. 38, par. 1003-3-3 | 730 ILCS 5/3-3-5 | from Ch. 38, par. 1003-3-5 | 730 ILCS 5/3-3-14 new | |
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Amends the Unified Code of Corrections. Provides that a committed person who has attained the age of 60 years and served at least 20 consecutive years of imprisonment or a committed person who has served 25 consecutive years of imprisonment may submit a petition to the Prisoner Review Board seeking parole. Provides that the petition shall contain a statement by the petitioner, documentation of rehabilitation, character references, evidence of program participation, employment history, criminal history, disciplinary history, and housing plans upon release. Provides that victims' families shall be given timely notification and the opportunity to participate in the parole hearing. Provides that a Board hearing shall be conducted by at least 8 members, with a majority vote needed to grant the petition. Provides when a petitioner is eligible to reapply if parole is denied. Effective immediately.
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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 3-3-3, 3-3-5 and adding Section 3-3-14 as | 6 | | follows:
| 7 | | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
| 8 | | Sec. 3-3-3. Eligibility for parole or release.
| 9 | | (a) Except for those offenders who accept the fixed | 10 | | release
date established by the Prisoner Review Board under | 11 | | Section
3-3-2.1, every person serving a term of imprisonment | 12 | | under
the law in effect prior to the effective date of this
| 13 | | amendatory Act of 1977 shall be eligible for parole when
he or | 14 | | she has served:
| 15 | | (1) the minimum term of an indeterminate sentence less
| 16 | | time credit for good behavior, or 20 years less time | 17 | | credit
for good behavior, whichever is less; or
| 18 | | (2) 20 years of a life sentence less time credit for | 19 | | good behavior; or
| 20 | | (3) 20 years or one-third of a determinate sentence,
| 21 | | whichever is less, less time credit for good behavior.
| 22 | | (b) Except as otherwise provided in Section 3-3-14 of this | 23 | | Act, no No person sentenced under this amendatory Act of 1977 |
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| 1 | | or who accepts
a release date under Section 3-3-2.1 shall be | 2 | | eligible for parole.
| 3 | | (c) Except as otherwise provided in Section 3-3-14 of this
| 4 | | Act Except for those sentenced to a term of natural
life | 5 | | imprisonment , every person sentenced to imprisonment
under | 6 | | this amendatory Act of 1977 or given a release date
under | 7 | | Section 3-3-2.1 of this Act shall serve the full term
of a | 8 | | determinate sentence less time credit for good behavior
and | 9 | | shall then be released under the mandatory supervised
release | 10 | | provisions of paragraph (d) of Section 5-8-1 of this Code.
| 11 | | (d) Except as otherwise provided in Section 3-3-14 of this | 12 | | Act, no No person serving a term of natural life imprisonment | 13 | | may be paroled
or released except through executive clemency.
| 14 | | (e) Every person committed to the Department of Juvenile | 15 | | Justice under the Juvenile
Court Act
of 1987 and confined in | 16 | | the State correctional
institutions or facilities if such | 17 | | juvenile has not been
tried as an adult shall be eligible for | 18 | | aftercare release under Section 3-2.5-85 of this Code.
| 19 | | However, if a juvenile has been tried as an adult he or she | 20 | | shall
only be eligible for parole or mandatory supervised | 21 | | release
as an adult under this Section.
| 22 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
| 23 | | (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| 24 | | Sec. 3-3-5. Hearing and determination.
| 25 | | (a) The Prisoner
Review Board shall meet as often as need |
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| 1 | | requires to consider
the cases of persons eligible for parole. | 2 | | Except as otherwise
provided in paragraph (2) of subsection | 3 | | (a) of Section 3-3-2
or Section 3-3-14 of this Act, the | 4 | | Prisoner Review Board may meet and
order its actions in panels | 5 | | of 3 or more members. The action
of a majority of the panel | 6 | | shall be the action of the Board.
| 7 | | (b) If the person under consideration for parole is in the
| 8 | | custody of the Department, at least one member of the Board
| 9 | | shall interview him or her, and a report of that interview | 10 | | shall be
available for the Board's consideration. However, in | 11 | | the
discretion of the Board, the interview need not be | 12 | | conducted
if a psychiatric examination determines that the | 13 | | person could
not meaningfully contribute to the Board's | 14 | | consideration. The
Board may in its discretion parole a person | 15 | | who is then outside
the jurisdiction on his or her record | 16 | | without an interview. The Board
need not hold a hearing or | 17 | | interview a person who is paroled
under paragraphs (d) or (e) | 18 | | of this Section or released on
Mandatory release under Section | 19 | | 3-3-10.
| 20 | | (c) The Board shall not parole a person eligible for
| 21 | | parole if it determines that:
| 22 | | (1) there is a substantial risk that he or she will not
| 23 | | conform to reasonable conditions of parole or aftercare | 24 | | release; or
| 25 | | (2) his or her release at that time would deprecate | 26 | | the
seriousness of his or her offense or promote |
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| 1 | | disrespect for the law; or
| 2 | | (3) his or her release would have a substantially | 3 | | adverse
effect on institutional discipline.
| 4 | | (d) (Blank).
| 5 | | (e) A person who has served the maximum term of
| 6 | | imprisonment imposed at the time of sentencing less time
| 7 | | credit for good behavior shall be released on parole to
serve a | 8 | | period of parole under Section 5-8-1.
| 9 | | (f) The Board shall render its decision within a
| 10 | | reasonable time after hearing and shall state the basis
| 11 | | therefor both in the records of the Board and in written
notice | 12 | | to the person on whose application it has acted.
In its | 13 | | decision, the Board shall set the person's time
for parole, or | 14 | | if it denies parole it shall provide for
a rehearing not less | 15 | | frequently than once every
year, except that the Board may,
| 16 | | after denying parole,
schedule a rehearing no later than 5 | 17 | | years from the date of the parole
denial, if the Board finds | 18 | | that it is not reasonable to expect that parole
would be | 19 | | granted at a hearing prior to the scheduled rehearing date. If | 20 | | the
Board shall parole a person, and, if he or she is not | 21 | | released within 90 days from
the effective date of the order | 22 | | granting parole, the matter shall be
returned to the Board for | 23 | | review.
| 24 | | (f-1) If the Board paroles a person who is eligible for | 25 | | commitment as a sexually violent person, the effective date of | 26 | | the Board's order shall be stayed for 90 days for the purpose |
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| 1 | | of evaluation and proceedings under the Sexually Violent | 2 | | Persons Commitment Act. | 3 | | (g) The Board shall maintain a registry of decisions in | 4 | | which parole
has been granted, which shall include the name | 5 | | and case number of the
prisoner, the highest charge for which | 6 | | the prisoner was sentenced, the
length of sentence imposed, | 7 | | the date of the sentence, the date of the
parole, and the basis | 8 | | for the decision of the Board to grant parole and the
vote of | 9 | | the Board on any such decisions. The registry shall be made | 10 | | available
for public inspection and copying during business | 11 | | hours and shall be a public
record pursuant to the provisions | 12 | | of the Freedom of Information Act.
| 13 | | (h) The Board shall promulgate rules regarding the | 14 | | exercise
of its discretion under this Section.
| 15 | | (Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; | 16 | | 99-628, eff. 1-1-17 .)
| 17 | | (730 ILCS 5/3-3-14 new) | 18 | | Sec. 3-3-14. Long term imprisonment; petition for parole. | 19 | | (a) A committed person who has attained the age of 60 years | 20 | | and served at least 20 consecutive years of imprisonment or a | 21 | | committed person who has served 25 consecutive years of | 22 | | imprisonment may submit a petition to the Prisoner Review | 23 | | Board seeking parole. | 24 | | (b) The petition shall contain: | 25 | | (1) a statement by the petitioner as to the reasons |
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| 1 | | why the petitioner believes he or she should be paroled, | 2 | | including estimated costs of continuing imprisonment; | 3 | | (2)
documentation of the petitioner's rehabilitation | 4 | | during the period of the petitioner's incarceration, | 5 | | including remorse for his or her criminal behavior, if | 6 | | applicable, and his or her commitment not to recidivate; | 7 | | (3) character references and community support for the | 8 | | petitioner's release; | 9 | | (4) evidence of the petitioner's participation in | 10 | | educational, vocational, substance abuse, behavior | 11 | | modification programs, life skills courses, re-entry | 12 | | planning, or correctional industry programs and | 13 | | independent efforts at rehabilitation; | 14 | | (5) evidence of the petitioner's employment history in | 15 | | the correctional institution; | 16 | | (6) the petitioner's criminal history; | 17 | | (7) the petitioner's disciplinary history while | 18 | | incarcerated in the correctional institution; and | 19 | | (8) the petitioner's plans for housing upon release | 20 | | from incarceration. | 21 | | If the programs described in paragraph (4) of this | 22 | | subsection (b) or employment opportunities were not available | 23 | | in the correctional institution, the Board shall not penalize | 24 | | the committed person in his or her petition for parole under | 25 | | this Section. | 26 | | (c) Victims' families shall be notified in a timely manner |
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| 1 | | and provided opportunity to participate at the parole
hearing | 2 | | concerning the petitioner's application for parole under this | 3 | | Section in accordance with the Rights of Crime Victims and | 4 | | Witnesses Act, the Open Parole Hearings Act, and this Article. | 5 | | (d) Prisoner Review Board hearings under this Section | 6 | | shall be conducted by a panel of at least 8 members of the | 7 | | Board and a majority vote of the panel is required to grant the | 8 | | petition and release the petitioner on parole. | 9 | | (e) When parole is denied under this Section a written | 10 | | statement shall be submitted by the Board that shall include | 11 | | when the petitioner is eligible to reapply for parole under | 12 | | this Section; which hearing shall be held no later than 3 years | 13 | | after denial of parole.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law. |
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