Full Text of SB2073 103rd General Assembly
SB2073sam001 103RD GENERAL ASSEMBLY | Sen. Seth Lewis Filed: 3/3/2023
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| 1 | | AMENDMENT TO SENATE BILL 2073
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2073 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-3, 3-3-4, and 5-4.5-115 as follows:
| 6 | | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
| 7 | | Sec. 3-3-3. Eligibility for parole or release.
| 8 | | (a) Except for those offenders who accept the fixed | 9 | | release
date established by the Prisoner Review Board under | 10 | | Section
3-3-2.1, every person serving a term of imprisonment | 11 | | under
the law in effect prior to the effective date of this
| 12 | | amendatory Act of 1977 shall be eligible for parole when
he or | 13 | | she has served:
| 14 | | (1) the minimum term of an indeterminate sentence less
| 15 | | time credit for good behavior, or 20 years less time | 16 | | credit
for good behavior, whichever is less; or
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| 1 | | (2) 20 years of a life sentence less time credit for | 2 | | good behavior; or
| 3 | | (3) 20 years or one-third of a determinate sentence,
| 4 | | whichever is less, less time credit for good behavior.
| 5 | | (b) No person sentenced under this amendatory Act of 1977 | 6 | | or who accepts
a release date under Section 3-3-2.1 shall be | 7 | | eligible for parole.
| 8 | | (c) Except for those sentenced to a term of natural
life | 9 | | imprisonment, every person sentenced to imprisonment
under | 10 | | this amendatory Act of 1977 or given a release date
under | 11 | | Section 3-3-2.1 of this Act shall serve the full term
of a | 12 | | determinate sentence less time credit for good behavior
and | 13 | | shall then be released under the mandatory supervised
release | 14 | | provisions of paragraph (d) of Section 5-8-1 of this Code.
| 15 | | (d) Except as provided in Section 5-4.5-115, no No person | 16 | | serving a term of natural life imprisonment may be paroled
or | 17 | | released except through executive clemency.
| 18 | | (e) Every person committed to the Department of Juvenile | 19 | | Justice under the Juvenile
Court Act
of 1987 and confined in | 20 | | the State correctional
institutions or facilities if such | 21 | | juvenile has not been
tried as an adult shall be eligible for | 22 | | aftercare release under Section 3-2.5-85 of this Code.
| 23 | | However, if a juvenile has been tried as an adult he or she | 24 | | shall
only be eligible for parole or mandatory supervised | 25 | | release
as an adult under this Section.
| 26 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
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| 1 | | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4)
| 2 | | Sec. 3-3-4. Preparation for parole hearing.
| 3 | | (a) The Prisoner Review Board shall consider the parole
of | 4 | | each eligible person committed to the Department of | 5 | | Corrections at
least 30 days prior to the date he or she shall | 6 | | first become
eligible for parole.
| 7 | | (a-5) The Prisoner Review Board, no less than 15 days in | 8 | | advance of a person's scheduled parole hearing, shall send by | 9 | | certified mail notice of the parole hearing's place, date, and | 10 | | approximate time to: (1) the State's Attorney's office of the | 11 | | county where a person eligible for parole was convicted; (2) | 12 | | the victim of the crime for which the person eligible for | 13 | | parole was convicted, if not deceased; and (3) the victim's | 14 | | family. These provisions are in addition to the provisions | 15 | | that apply to notification to the State's Attorney's office | 16 | | under subsection (e), notification of a parole hearing under | 17 | | Section 25 of the Open Parole Hearings Act, notification to | 18 | | victims under Section 4.5 of the Rights of Crime Victims and | 19 | | Witnesses Act, notification of parole review under subsection | 20 | | (g) of Section 5-4.5-115, and any other notifications to | 21 | | State's Attorneys' offices, victims, and victims' families | 22 | | under any other law of this State. | 23 | | (b) A person eligible for parole shall, no less than 15 | 24 | | days in advance of
his or her parole interview, prepare a | 25 | | parole plan in accordance
with the rules of the Prisoner |
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| 1 | | Review Board. The person
shall be assisted in preparing his or | 2 | | her parole plan by personnel
of the Department of Corrections, | 3 | | and may, for this purpose, be released
on furlough under | 4 | | Article 11. The Department shall also provide
assistance in | 5 | | obtaining information and records helpful to
the individual | 6 | | for his or her parole hearing. If the person eligible for | 7 | | parole has a petition or any written submissions prepared on | 8 | | his or her behalf by an attorney or other representative, the | 9 | | attorney or representative for the person eligible for parole | 10 | | must serve by certified mail the State's Attorney of the | 11 | | county where he or she was prosecuted with the petition or any | 12 | | written submissions 15 days after his or her parole interview. | 13 | | The State's Attorney shall provide the attorney for the person | 14 | | eligible for parole with a copy of his or her letter in | 15 | | opposition to parole via certified mail within 5 business days | 16 | | of the en banc hearing.
| 17 | | (c) Any member of the Board shall have access at all
| 18 | | reasonable times to any committed person and to his or her | 19 | | master
record file within the Department, and the Department | 20 | | shall
furnish such a report to the Board
concerning the | 21 | | conduct and character of any such person prior to his or her | 22 | | parole interview.
| 23 | | (d) In making its determination of parole, the Board
shall | 24 | | consider:
| 25 | | (1) (blank);
| 26 | | (2) the report under Section 3-8-2 or 3-10-2;
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| 1 | | (3) a report by the Department and any report by the
| 2 | | chief administrative officer of the institution or | 3 | | facility;
| 4 | | (4) a parole progress report;
| 5 | | (5) a medical and psychological report, if requested
| 6 | | by the Board;
| 7 | | (6) material in writing, or on film, video tape or | 8 | | other electronic
means in the form of a recording | 9 | | submitted by the person whose parole
is being considered;
| 10 | | (7) material in writing, or on film, video tape or | 11 | | other electronic
means in the form of a recording or | 12 | | testimony submitted by the State's
Attorney and the victim | 13 | | or a concerned citizen pursuant to the Rights of Crime | 14 | | Victims and Witnesses Act; and
| 15 | | (8) the person's eligibility for commitment under the | 16 | | Sexually Violent Persons Commitment Act. | 17 | | (e) The prosecuting State's Attorney's office shall | 18 | | receive from the Board reasonable
written notice not less than | 19 | | 30 days prior to the parole interview and may
submit relevant | 20 | | information by oral argument or testimony of victims and | 21 | | concerned citizens, or both, in writing, or on film, video | 22 | | tape or other
electronic means or in the form of a recording to | 23 | | the Board for its
consideration. Upon written request of the | 24 | | State's Attorney's office, the Prisoner Review Board shall | 25 | | hear protests to parole, except in counties of 1,500,000 or | 26 | | more inhabitants where there shall be standing objections to |
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| 1 | | all such petitions. If a State's Attorney who represents a | 2 | | county of less than 1,500,000 inhabitants requests a protest | 3 | | hearing, the inmate's counsel or other representative shall | 4 | | also receive notice of such request.
This hearing shall take | 5 | | place the month following the inmate's parole interview. If | 6 | | the inmate's parole interview is rescheduled then the Prisoner | 7 | | Review Board shall promptly notify the State's Attorney of the | 8 | | new date. The person eligible for parole shall be heard at the | 9 | | next scheduled en banc hearing date. If the case is to be | 10 | | continued, the State's Attorney's office and the attorney or | 11 | | representative for the person eligible for parole will be | 12 | | notified of any continuance within 5 business days. The | 13 | | State's Attorney may waive the written notice.
| 14 | | (f) The victim of the violent crime for which the prisoner | 15 | | has been
sentenced shall receive notice of a parole hearing as | 16 | | provided in paragraph
(4) of subsection (d) of Section 4.5 of | 17 | | the Rights of Crime Victims and Witnesses
Act.
| 18 | | (g) Any recording considered under the provisions of | 19 | | subsection (d)(6),
(d)(7) or (e) of this Section shall be in | 20 | | the form designated by the Board.
Such recording shall be both | 21 | | visual and aural. Every voice on the
recording and person | 22 | | present shall be identified and the recording shall
contain | 23 | | either a visual or aural statement of the person submitting | 24 | | such
recording, the date of the recording and the name of the | 25 | | person whose
parole eligibility is being considered. Such | 26 | | recordings shall be retained by
the Board and shall be deemed |
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| 1 | | to be submitted at any subsequent parole hearing
if the victim | 2 | | or State's Attorney submits in writing a declaration clearly
| 3 | | identifying such recording as representing the present | 4 | | position of the
victim or State's Attorney regarding the | 5 | | issues to be considered at the parole
hearing.
| 6 | | (h) The Board shall not release any material to the | 7 | | inmate, the inmate's attorney, any third party, or any other | 8 | | person containing any information from a victim who has | 9 | | written objections, testified at any hearing, or submitted | 10 | | audio or visual objections to the inmate's parole, unless | 11 | | provided with a waiver from that victim. Victim statements | 12 | | provided to the Board shall be confidential and privileged, | 13 | | including any statements received prior to the effective date | 14 | | of this amendatory Act of the 101st General Assembly, except | 15 | | if the statement was an oral statement made by the victim at a | 16 | | hearing open to the public. The Board shall not release the | 17 | | names or addresses of any person on its victim registry to any | 18 | | other person except the victim, a law enforcement agency, or | 19 | | other victim notification system. | 20 | | (Source: P.A. 101-288, eff. 1-1-20 .)
| 21 | | (730 ILCS 5/5-4.5-115) | 22 | | (Text of Section before amendment by P.A. 102-1128 ) | 23 | | Sec. 5-4.5-115. Parole review of persons under the age of | 24 | | 21 at the time of the commission of an offense. | 25 | | (a) For purposes of this Section, "victim" means a victim |
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| 1 | | of a violent crime as defined in subsection (a) of Section 3 of | 2 | | the Rights of Crime Victims and Witnesses Act including a | 3 | | witness as defined in subsection (b) of Section 3 of the Rights | 4 | | of Crime Victims and Witnesses Act; any person legally related | 5 | | to the victim by blood, marriage, adoption, or guardianship; | 6 | | any friend of the victim; or any concerned citizen. | 7 | | (b) A person under 21 years of age at the time of the | 8 | | commission of an offense or offenses, other than first degree | 9 | | murder, and who is not serving a sentence for first degree | 10 | | murder and who is sentenced on or after June 1, 2019 (the | 11 | | effective date of Public Act 100-1182) shall be eligible for | 12 | | parole review by the Prisoner Review Board after serving 10 | 13 | | years or more of his or her sentence or sentences, except for | 14 | | those serving a sentence or sentences for: (1) aggravated | 15 | | criminal sexual assault who shall be eligible for parole | 16 | | review by the Prisoner Review Board after serving 20 years or | 17 | | more of his or her sentence or sentences or (2) predatory | 18 | | criminal sexual assault of a child who shall not be eligible | 19 | | for parole review by the Prisoner Review Board under this | 20 | | Section. A person under 21 years of age at the time of the | 21 | | commission of first degree murder who is sentenced on or after | 22 | | June 1, 2019 (the effective date of Public Act 100-1182) shall | 23 | | be eligible for parole review by the Prisoner Review Board | 24 | | after serving
20 years or more of his or her sentence or | 25 | | sentences, except for those subject to a term of natural life | 26 | | imprisonment under Section 5-8-1 of this Code or any person |
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| 1 | | subject to sentencing under subsection (c) of Section | 2 | | 5-4.5-105 of this Code. | 3 | | (c) Three years prior to becoming eligible for parole | 4 | | review, the eligible person may file his or her petition for | 5 | | parole review with the Prisoner Review Board.
The petition | 6 | | shall include a copy of the order of commitment and sentence to | 7 | | the Department of Corrections for the offense or offenses for | 8 | | which review is sought. Within 30 days of receipt of this | 9 | | petition, the Prisoner Review Board shall determine whether | 10 | | the petition is appropriately filed, and if so, shall set a | 11 | | date for parole review 3 years from receipt of the petition and | 12 | | notify the Department of Corrections within 10 business days. | 13 | | If the Prisoner Review Board determines that the petition is | 14 | | not appropriately filed, it shall notify the petitioner in | 15 | | writing, including a basis for its determination. | 16 | | (d) Within 6 months of the Prisoner Review Board's | 17 | | determination that the petition was appropriately filed, a | 18 | | representative from the Department of Corrections shall meet | 19 | | with the eligible person and
provide the inmate information | 20 | | about the parole hearing process and personalized | 21 | | recommendations for the inmate regarding his or her work | 22 | | assignments, rehabilitative programs, and institutional | 23 | | behavior. Following this meeting, the eligible person has 7 | 24 | | calendar days to file a written request to the representative | 25 | | from the Department of Corrections who met with the eligible | 26 | | person of any additional programs and services which the |
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| 1 | | eligible person believes should be made available to prepare | 2 | | the eligible person for return to the community. | 3 | | (e) One year prior to the person being eligible for | 4 | | parole, counsel shall be appointed by the Prisoner Review | 5 | | Board upon a finding of indigency. The eligible person may | 6 | | waive appointed counsel or retain his or her own counsel at his | 7 | | or her own expense. | 8 | | (f) Nine months prior to the hearing, the Prisoner Review | 9 | | Board shall provide the eligible person, and his or her | 10 | | counsel, any written documents or materials it will be | 11 | | considering in making its decision unless the written | 12 | | documents or materials are specifically found to: (1) include | 13 | | information which, if disclosed, would damage the therapeutic | 14 | | relationship between the inmate and a mental health | 15 | | professional; (2) subject any person to the actual risk of | 16 | | physical harm; (3) threaten the safety or security of the | 17 | | Department or an institution. In accordance with Section | 18 | | 4.5(d)(4) of the Rights of Crime Victims and Witnesses Act and | 19 | | Section 10 of the Open Parole Hearings Act, victim statements | 20 | | provided to the Board shall be confidential and privileged, | 21 | | including any statements received prior to the effective date | 22 | | of this amendatory Act of the 101st General Assembly, except | 23 | | if the statement was an oral statement made by the victim at a | 24 | | hearing open to the public. Victim statements shall not be | 25 | | considered public documents under the provisions of the | 26 | | Freedom of Information Act. The inmate or his or her attorney |
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| 1 | | shall not be given a copy of the statement, but shall be | 2 | | informed of the existence of a victim statement and the | 3 | | position taken by the victim on the inmate's request for | 4 | | parole. This shall not be construed to permit disclosure to an | 5 | | inmate of any information which might result in the risk of | 6 | | threats or physical harm to a victim. The Prisoner Review | 7 | | Board shall have an ongoing duty to provide the eligible | 8 | | person, and his or her counsel, with any further documents or | 9 | | materials that come into its possession prior to the hearing | 10 | | subject to the limitations contained in this subsection. | 11 | | (g) Not less than 12 months prior to the hearing, the | 12 | | Prisoner Review Board shall provide notification to the | 13 | | State's Attorney of the county from which the person was | 14 | | committed and written notification to the victim or family of | 15 | | the victim of the scheduled hearing place, date, and | 16 | | approximate time. The written notification shall contain: (1) | 17 | | information about
their right to be present, appear in person | 18 | | at the parole hearing, and their right to
make an oral | 19 | | statement and submit information in writing, by videotape, | 20 | | tape
recording, or other electronic means; (2) a toll-free | 21 | | number to call for further
information about the parole review | 22 | | process; and (3) information regarding
available resources, | 23 | | including trauma-informed therapy, they may access. If the | 24 | | Board does not have knowledge of the current address of the | 25 | | victim or family of the victim, it shall notify the State's | 26 | | Attorney of the county of commitment and request assistance in |
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| 1 | | locating the victim or family of the victim. Those victims or | 2 | | family of the victims who advise the Board in writing that they | 3 | | no longer wish to be notified shall not receive future | 4 | | notices. A victim shall have the right to submit information | 5 | | by videotape, tape recording, or other electronic means. The | 6 | | victim may submit this material prior to or at the parole | 7 | | hearing. The victim also has the right to be heard at the | 8 | | parole hearing. | 9 | | (h) The hearing conducted by the Prisoner Review Board | 10 | | shall be governed by Sections 15 and 20, subsection (f) of | 11 | | Section 5, subsections (a), (a-5), (b), (b-5), and (c) of | 12 | | Section 10, and subsection (d) of Section 25 of the Open Parole | 13 | | Hearings Act and Part 1610 of Title 20 of the Illinois | 14 | | Administrative Code. The eligible person has a right to be | 15 | | present at the Prisoner Review Board hearing, unless the | 16 | | Prisoner Review Board determines the eligible person's | 17 | | presence is unduly burdensome when conducting a hearing under | 18 | | paragraph (6.6) of subsection (a) of Section 3-3-2 of this | 19 | | Code. If a psychological evaluation is submitted for the | 20 | | Prisoner Review Board's consideration, it shall be prepared by | 21 | | a person who has expertise in adolescent brain development and | 22 | | behavior, and shall take into consideration the diminished | 23 | | culpability of youthful offenders, the hallmark features of | 24 | | youth, and any subsequent growth and increased maturity of the | 25 | | person. At the hearing, the eligible person shall have the | 26 | | right to make a statement on his or her own behalf. |
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| 1 | | (i) Only upon motion for good cause shall the date for the | 2 | | Prisoner Review Board hearing, as set by subsection (b) of | 3 | | this Section, be changed. No less than 15 days prior to the | 4 | | hearing, the Prisoner Review Board shall notify the victim or | 5 | | victim representative, the attorney, and the eligible person | 6 | | of the exact date and time of the hearing. All hearings shall | 7 | | be open to the public. | 8 | | (j) The Prisoner Review Board shall not parole the | 9 | | eligible person if it determines that: | 10 | | (1) there is a substantial risk that the eligible | 11 | | person will not conform to reasonable conditions of parole | 12 | | or aftercare release; or | 13 | | (2) the eligible person's release at that time would | 14 | | deprecate the seriousness of his or her offense or promote | 15 | | disrespect for the law; or | 16 | | (3) the eligible person's release would have a | 17 | | substantially adverse effect on institutional discipline. | 18 | | In considering the factors affecting the release | 19 | | determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner | 20 | | Review Board panel shall consider the diminished culpability | 21 | | of youthful offenders, the hallmark features of youth, and any | 22 | | subsequent growth and maturity of the youthful offender during | 23 | | incarceration. | 24 | | (k) Unless denied parole under subsection (j) of this | 25 | | Section and subject to the provisions of Section 3-3-9 of this | 26 | | Code: (1) the eligible person serving a sentence for any |
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| 1 | | non-first degree murder offense or offenses, shall be released | 2 | | on parole which shall operate to discharge any remaining term | 3 | | of years sentence imposed upon him or her, notwithstanding any | 4 | | required mandatory supervised release period the eligible | 5 | | person is required to serve; and (2) the eligible person | 6 | | serving a sentence for any first degree murder offense, shall | 7 | | be released on mandatory supervised release for a period of 10 | 8 | | years subject to Section 3-3-8, which shall operate to | 9 | | discharge any remaining term of years sentence imposed upon | 10 | | him or her, however in no event shall the eligible person serve | 11 | | a period of mandatory supervised release greater than the | 12 | | aggregate of the discharged underlying sentence and the | 13 | | mandatory supervised release period as sent forth in Section | 14 | | 5-4.5-20. | 15 | | (l) If the Prisoner Review Board denies parole after | 16 | | conducting the hearing under
subsection (j) of this Section, | 17 | | it shall issue a written decision which states the
rationale | 18 | | for denial, including the primary factors considered. This | 19 | | decision shall
be provided to the eligible person and his or | 20 | | her counsel within 30 days. | 21 | | (m) A person denied parole under subsection (j) of this | 22 | | Section, who is not
serving a sentence for either first degree | 23 | | murder or aggravated criminal sexual
assault, shall be | 24 | | eligible for a second parole review by the Prisoner Review | 25 | | Board
5 years after the written decision under subsection (l) | 26 | | of this Section; a person
denied parole under subsection (j) |
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| 1 | | of this Section, who is serving a sentence or
sentences for | 2 | | first degree murder or aggravated criminal sexual assault | 3 | | shall be
eligible for a second and final parole review by the | 4 | | Prisoner Review Board 10
years after the written decision | 5 | | under subsection (k) of this Section. The
procedures for a | 6 | | second parole review shall be governed by subsections (c)
| 7 | | through (k) of this Section. | 8 | | (n) A person denied parole under subsection (m) of this | 9 | | Section, who is not
serving a sentence for either first degree | 10 | | murder or aggravated criminal sexual
assault, shall be | 11 | | eligible for a third and final parole review by the Prisoner | 12 | | Review
Board 5 years after the written decision under | 13 | | subsection (l) of this Section. The
procedures for the third | 14 | | and final parole review shall be governed by subsections
(c) | 15 | | through (k) of this Section. | 16 | | (o) Notwithstanding anything else to the contrary in this | 17 | | Section, nothing in this Section shall be construed to delay | 18 | | parole or mandatory supervised release consideration for | 19 | | petitioners who are or will be eligible for release earlier | 20 | | than this Section provides. Nothing in this Section shall be | 21 | | construed as a limit, substitution, or bar on a person's right | 22 | | to sentencing relief, or any other manner of relief, obtained | 23 | | by order of a court in proceedings other than as provided in | 24 | | this Section.
| 25 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .) |
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| 1 | | (Text of Section after amendment by P.A. 102-1128 ) | 2 | | Sec. 5-4.5-115. Parole review of persons under the age of | 3 | | 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) Any 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) shall be eligible for | 16 | | parole review by the Prisoner Review Board after serving 10 | 17 | | years or more of his or her sentence or sentences, except for | 18 | | those serving a sentence or sentences for: (1) aggravated | 19 | | criminal sexual assault who shall be eligible for parole | 20 | | review by the Prisoner Review Board after serving 20 years or | 21 | | more of his or her sentence or sentences or (2) predatory | 22 | | criminal sexual assault of a child who shall not be eligible | 23 | | for parole review by the Prisoner Review Board under this | 24 | | Section. Any A person under 21 years of age at the time of the | 25 | | commission of first degree murder who is sentenced on or after | 26 | | June 1, 2019 (the effective date of Public Act 100-1182) shall |
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| 1 | | be eligible for parole review by the Prisoner Review Board | 2 | | after serving
20 years or more of his or her sentence or | 3 | | sentences, except for those subject to a term of natural life | 4 | | imprisonment under Section 5-8-1 of this Code or any person | 5 | | subject to sentencing under subsection (c) of Section | 6 | | 5-4.5-105 of this Code, who shall be eligible for parole | 7 | | review by the Prisoner Review Board after serving 40 years or | 8 | | more of his or her sentence or sentences. | 9 | | (c) Up to 3 Three years prior to becoming eligible for | 10 | | parole review, the eligible person may file his or her | 11 | | petition for parole review with the Prisoner Review Board.
The | 12 | | petition shall include a copy of the order of commitment and | 13 | | sentence to the Department of Corrections for the offense or | 14 | | offenses for which review is sought. Within 30 days of receipt | 15 | | of this petition, the Prisoner Review Board shall determine | 16 | | whether the petition is appropriately filed, and if so, shall | 17 | | set a date for a parole review hearing one year from the date
| 18 | | the petition is deemed appropriately filed or on the date of
| 19 | | eligibility for parole review, whichever is later, 3 years | 20 | | from receipt of the petition and notify the Department of | 21 | | Corrections within 10 business days. If the Prisoner Review | 22 | | Board determines that the petition is not appropriately filed, | 23 | | it shall notify the petitioner in writing, including a basis | 24 | | for its determination. | 25 | | (d) Within 6 months of the Prisoner Review Board's | 26 | | determination that the petition was appropriately filed, a |
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| 1 | | representative from the Department of Corrections shall meet | 2 | | with the eligible person and
provide the inmate information | 3 | | about the parole hearing process and personalized | 4 | | recommendations for the inmate regarding his or her work | 5 | | assignments, rehabilitative programs, and institutional | 6 | | behavior. Following this meeting, the eligible person has 7 | 7 | | calendar days to file a written request to the representative | 8 | | from the Department of Corrections who met with the eligible | 9 | | person of any additional programs and services which the | 10 | | eligible person believes should be made available to prepare | 11 | | the eligible person for return to the community. | 12 | | (e) One year prior to the person being eligible for parole | 13 | | review hearing , counsel shall be appointed by the Prisoner | 14 | | Review Board upon a finding of indigency. The eligible person | 15 | | may waive appointed counsel or retain his or her own counsel at | 16 | | his or her own expense. | 17 | | (f) Nine months prior to the hearing, the Prisoner Review | 18 | | Board shall provide the eligible person, and his or her | 19 | | counsel, any written documents or materials it will be | 20 | | considering in making its decision unless the written | 21 | | documents or materials are specifically found to: (1) include | 22 | | information which, if disclosed, would damage the therapeutic | 23 | | relationship between the inmate and a mental health | 24 | | professional; (2) subject any person to the actual risk of | 25 | | physical harm; (3) threaten the safety or security of the | 26 | | Department or an institution. In accordance with Section |
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| 1 | | 4.5(d)(4) of the Rights of Crime Victims and Witnesses Act and | 2 | | Section 10 of the Open Parole Hearings Act, victim statements | 3 | | provided to the Board shall be confidential and privileged, | 4 | | including any statements received prior to the effective date | 5 | | of this amendatory Act of the 101st General Assembly, except | 6 | | if the statement was an oral statement made by the victim at a | 7 | | hearing open to the public. Victim statements shall not be | 8 | | considered public documents under the provisions of the | 9 | | Freedom of Information Act. The inmate or his or her attorney | 10 | | shall not be given a copy of the statement, but shall be | 11 | | informed of the existence of a victim statement and the | 12 | | position taken by the victim on the inmate's request for | 13 | | parole. This shall not be construed to permit disclosure to an | 14 | | inmate of any information which might result in the risk of | 15 | | threats or physical harm to a victim. The Prisoner Review | 16 | | Board shall have an ongoing duty to provide the eligible | 17 | | person, and his or her counsel, with any further documents or | 18 | | materials that come into its possession prior to the hearing | 19 | | subject to the limitations contained in this subsection. | 20 | | (g) Not less than 12 months prior to the hearing, the | 21 | | Prisoner Review Board shall by certified mail provide | 22 | | notification to the State's Attorney of the county from which | 23 | | the person was committed and by certified mail written | 24 | | notification to the victim or family of the victim of the | 25 | | scheduled hearing place, date, and approximate time. The | 26 | | written notification shall contain: (1) information about
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| 1 | | their right to be present, appear in person at the parole | 2 | | hearing, and their right to
make an oral statement and submit | 3 | | information in writing, by videotape, tape
recording, or other | 4 | | electronic means; (2) a toll-free number to call for further
| 5 | | information about the parole review process; and (3) | 6 | | information regarding
available resources, including | 7 | | trauma-informed therapy, they may access. If the Board does | 8 | | not have knowledge of the current address of the victim or | 9 | | family of the victim, it shall notify the State's Attorney of | 10 | | the county of commitment and request assistance in locating | 11 | | the victim or family of the victim. Those victims or family of | 12 | | the victims who advise the Board in writing that they no longer | 13 | | wish to be notified shall not receive future notices. A victim | 14 | | shall have the right to submit information by videotape, tape | 15 | | recording, or other electronic means. The victim may submit | 16 | | this material prior to or at the parole hearing. The victim | 17 | | also has the right to be heard at the parole hearing. | 18 | | (h) The hearing conducted by the Prisoner Review Board | 19 | | shall be governed by Sections 15 and 20, subsection (f) of | 20 | | Section 5, subsections (a), (a-5), (b), (b-5), and (c) of | 21 | | Section 10, and subsection (d) of Section 25 of the Open Parole | 22 | | Hearings Act and Part 1610 of Title 20 of the Illinois | 23 | | Administrative Code. The eligible person has a right to be | 24 | | present at the Prisoner Review Board hearing, unless the | 25 | | Prisoner Review Board determines the eligible person's | 26 | | presence is unduly burdensome when conducting a hearing under |
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| 1 | | paragraph (6.6) of subsection (a) of Section 3-3-2 of this | 2 | | Code. If a psychological evaluation is submitted for the | 3 | | Prisoner Review Board's consideration, it shall be prepared by | 4 | | a person who has expertise in adolescent brain development and | 5 | | behavior, and shall take into consideration the diminished | 6 | | culpability of youthful offenders, the hallmark features of | 7 | | youth, and any subsequent growth and increased maturity of the | 8 | | person. At the hearing, the eligible person shall have the | 9 | | right to make a statement on his or her own behalf. | 10 | | (i) Only upon motion for good cause shall the date for the | 11 | | Prisoner Review Board hearing, as set by subsection (b) of | 12 | | this Section, be changed. No less than 15 days prior to the | 13 | | hearing, the Prisoner Review Board shall notify the victim or | 14 | | victim representative, the attorney, and the eligible person | 15 | | of the exact date and time of the hearing. All hearings shall | 16 | | be open to the public. | 17 | | (j) The Prisoner Review Board shall not parole the | 18 | | eligible person if it determines that: | 19 | | (1) there is a substantial risk that the eligible | 20 | | person will not conform to reasonable conditions of parole | 21 | | or aftercare release; or | 22 | | (2) the eligible person's release at that time would | 23 | | deprecate the seriousness of his or her offense or promote | 24 | | disrespect for the law; or | 25 | | (3) the eligible person's release would have a | 26 | | substantially adverse effect on institutional discipline. |
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| 1 | | In considering the factors affecting the release | 2 | | determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner | 3 | | Review Board panel shall consider the diminished culpability | 4 | | of youthful offenders, the hallmark features of youth, and any | 5 | | subsequent growth and maturity of the youthful offender during | 6 | | incarceration. | 7 | | (k) Unless denied parole under subsection (j) of this | 8 | | Section and subject to the provisions of Section 3-3-9 of this | 9 | | Code: (1) the eligible person serving a sentence for any | 10 | | non-first degree murder offense or offenses, shall be released | 11 | | on parole which shall operate to discharge any remaining term | 12 | | of years sentence imposed upon him or her, notwithstanding any | 13 | | required mandatory supervised release period the eligible | 14 | | person is required to serve; and (2) the eligible person | 15 | | serving a sentence for any first degree murder offense, shall | 16 | | be released on mandatory supervised release for a period of 10 | 17 | | years subject to Section 3-3-8, which shall operate to | 18 | | discharge any remaining term of years sentence imposed upon | 19 | | him or her, however in no event shall the eligible person serve | 20 | | a period of mandatory supervised release greater than the | 21 | | aggregate of the discharged underlying sentence and the | 22 | | mandatory supervised release period as sent forth in Section | 23 | | 5-4.5-20. | 24 | | (l) If the Prisoner Review Board denies parole after | 25 | | conducting the hearing under
subsection (j) of this Section, | 26 | | it shall issue a written decision which states the
rationale |
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| 1 | | for denial, including the primary factors considered. This | 2 | | decision shall
be provided to the eligible person and his or | 3 | | her counsel within 30 days. | 4 | | (m) A person denied parole under subsection (j) of this | 5 | | Section, who is not
serving a sentence for either first degree | 6 | | murder or aggravated criminal sexual
assault, shall be | 7 | | eligible for a second parole review by the Prisoner Review | 8 | | Board
5 years after the written decision under subsection (l) | 9 | | of this Section; a person
denied parole under subsection (j) | 10 | | of this Section, who is serving a sentence or
sentences for | 11 | | first degree murder or aggravated criminal sexual assault | 12 | | shall be
eligible for a second and final parole review by the | 13 | | Prisoner Review Board 10
years after the written decision | 14 | | under subsection (k) of this Section. The
procedures for a | 15 | | second parole review shall be governed by subsections (c)
| 16 | | through (k) of this Section. | 17 | | (n) A person denied parole under subsection (m) of this | 18 | | Section, who is not
serving a sentence for either first degree | 19 | | murder or aggravated criminal sexual
assault, shall be | 20 | | eligible for a third and final parole review by the Prisoner | 21 | | Review
Board 5 years after the written decision under | 22 | | subsection (l) of this Section. The
procedures for the third | 23 | | and final parole review shall be governed by subsections
(c) | 24 | | through (k) of this Section. | 25 | | (o) Notwithstanding anything else to the contrary in this | 26 | | Section, nothing in this Section shall be construed to delay |
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| 1 | | parole or mandatory supervised release consideration for | 2 | | petitioners who are or will be eligible for release earlier | 3 | | than this Section provides. Nothing in this Section shall be | 4 | | construed as a limit, substitution, or bar on a person's right | 5 | | to sentencing relief, or any other manner of relief, obtained | 6 | | by order of a court in proceedings other than as provided in | 7 | | this Section. This Section applies retroactively on the
| 8 | | effective date of this amendatory Act of the 103rd General
| 9 | | Assembly.
| 10 | | (Source: P.A. 101-288, eff. 1-1-20; 102-1128, eff. 1-1-24.)
| 11 | | Section 95. No acceleration or delay. Where this Act makes | 12 | | changes in a statute that is represented in this Act by text | 13 | | that is not yet or no longer in effect (for example, a Section | 14 | | represented by multiple versions), the use of that text does | 15 | | not accelerate or delay the taking effect of (i) the changes | 16 | | made by this Act or (ii) provisions derived from any other | 17 | | Public Act. | 18 | | Section 99. Effective date. This Act takes effect July 1, | 19 | | 2024.".
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