Full Text of SB2077 103rd General Assembly
SB2077 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2077 Introduced 2/9/2023, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-3-9 | from Ch. 38, par. 1003-3-9 |
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Amends the Unified Code of Corrections. Deletes provision that the Prisoner Review Board shall revoke parole or mandatory supervised release for violations of the requirement that if the parolee or releasee was convicted for an offense that would qualify
the accused as a sexual predator under the Sex Offender Registration Act on or after January 1, 2007, wear an approved electronic monitoring device for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term and if convicted for an offense of criminal sexual assault, aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual abuse, aggravated criminal sexual abuse, or ritualized abuse of a child committed on or after August 11, 2009 when the victim was under 18 years of age at the time of the commission of the offense and the defendant used force or the threat of force in the commission of the offense wear an approved electronic monitoring device that has Global Positioning System (GPS) capability for the duration of the person's parole, mandatory supervised release term, or extended mandatory supervised release term. Makes other changes concerning violations of parole or mandatory supervised release. Provides for different conditions if the parolee or releasee violates a criminal statute of any jurisdiction during the parole or release term than for violations of other conditions of parole or mandatory supervised release.
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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 Section 3-3-9 as follows:
| 6 | | (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
| 7 | | Sec. 3-3-9. Violations; changes of conditions; preliminary
| 8 | | hearing; revocation of parole or mandatory supervised release;
| 9 | | revocation hearing. | 10 | | (a) If prior to expiration or termination of the term of
| 11 | | parole or mandatory supervised release, a person violates a
| 12 | | condition set by the Prisoner Review Board or a condition of | 13 | | parole or
mandatory supervised release under paragraphs (2) | 14 | | through (21) of subsection (a) of Section 3-3-7 of this Code to | 15 | | govern that
term,
the Board may:
| 16 | | (1) continue the existing term, with or without | 17 | | modifying or
enlarging the conditions; or
| 18 | | (1.5) for those released as a result of youthful | 19 | | offender parole as set forth in Section 5-4.5-115 of this | 20 | | Code, order that the inmate be subsequently rereleased to | 21 | | serve a specified mandatory supervised release term not to | 22 | | exceed the full term permitted under the provisions of | 23 | | Section 5-4.5-115 and subsection (d) of Section 5-8-1 of |
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| 1 | | this Code and may modify or enlarge the conditions of the | 2 | | release as the Board deems proper; or | 3 | | (2) parole or release the person to a half-way house . | 4 | | ; or
| 5 | | (3) (blank). | 6 | | (a-1) If prior to expiration or termination of the term of | 7 | | parole or mandatory supervised release, a person violates a | 8 | | condition set by the Prisoner Review Board or a condition of | 9 | | parole or mandatory supervised release under paragraph (1) of | 10 | | subsection (a) of Section 3-3-7 of this Code to govern that | 11 | | term, the Board may: | 12 | | (1) continue the existing term, with or without | 13 | | modifying or enlarging the conditions; | 14 | | (2) for those released as a result of youthful | 15 | | offender parole as set forth in Section 5-4.5-115 of this | 16 | | Code, order that the inmate be subsequently re-released to | 17 | | serve a specified mandatory supervised release term not to | 18 | | exceed the full term permitted under the provisions of | 19 | | Section 5-4.5-115 and subsection (d) of Section 5-8-1 of | 20 | | this Code and may modify or enlarge the conditions of the | 21 | | release as the Board deems proper; | 22 | | (3) parole or release the person to a half-way house; | 23 | | (4) revoke the parole or mandatory supervised release | 24 | | and reconfine the person for a term computed in the | 25 | | following manner: | 26 | | (i)(A) For those sentenced under the law in effect |
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| 1 | | prior to February 1, 1978 (the effective date of | 2 | | Public Act 80-1099), the recommitment shall be for any | 3 | | portion of the imposed maximum term of imprisonment or | 4 | | confinement which had not been served at the time of | 5 | | parole and the parole term, less the time elapsed | 6 | | between the parole of the person and the commission of | 7 | | the violation for which parole was revoked; | 8 | | (B) Except as set forth in clauses (C) and (D) of | 9 | | this subparagraph (i), for those subject to mandatory | 10 | | supervised release under paragraph (d) of Section | 11 | | 5-8-1 of this Code, the recommitment shall be for the | 12 | | total mandatory supervised release term, less the time | 13 | | elapsed between the release of the person and the | 14 | | commission of the violation for which mandatory | 15 | | supervised release is revoked. The Board may also | 16 | | order that a prisoner serve up to one year of the | 17 | | sentence imposed by the court which was not served due | 18 | | to the accumulation of sentence credit; | 19 | | (C) For those subject to sex offender supervision | 20 | | under clause (d)(4) of Section 5-8-1 of this Code, the | 21 | | reconfinement period for violations of clauses (a)(3) | 22 | | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | 23 | | years from the date of reconfinement; | 24 | | (D) For those released as a result of youthful | 25 | | offender parole as set forth in Section 5-4.5-115 of | 26 | | this Code, the reconfinement period shall be for the |
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| 1 | | total mandatory supervised release term, less the time | 2 | | elapsed between the release of the person and the | 3 | | commission of the violation for which mandatory | 4 | | supervised release is revoked. The Board may also | 5 | | order that a prisoner serve up to one year of the | 6 | | mandatory supervised release term previously earned. | 7 | | The Board may also order that the inmate be | 8 | | subsequently rereleased to serve a specified mandatory | 9 | | supervised release term not to exceed the full term | 10 | | permitted under the provisions of Section 5-4.5-115 | 11 | | and subsection (d) of Section 5-8-1 of this Code and | 12 | | may modify or enlarge the conditions of the release as | 13 | | the Board deems proper; | 14 | | (ii) the person shall be given credit against the | 15 | | term of reimprisonment or reconfinement for time spent | 16 | | in custody since he or she was paroled or released | 17 | | which has not been credited against another sentence | 18 | | or period of confinement; | 19 | | (iii) this Section is subject to the release under | 20 | | supervision and the reparole and rerelease provisions | 21 | | of Section 3-3-10. revoke the parole or mandatory | 22 | | supervised release and
reconfine the person for a term | 23 | | computed in the following
manner:
| 24 | | (i) (A) For those sentenced under the law in | 25 | | effect prior to
this amendatory Act of 1977, the | 26 | | recommitment shall be for any
portion of the imposed |
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| 1 | | maximum term of imprisonment or confinement
which had | 2 | | not been served at the time of parole and the parole
| 3 | | term, less the time elapsed between the parole of the | 4 | | person and
the commission of the violation for which | 5 | | parole was revoked;
| 6 | | (B) Except as set forth in paragraphs (C) and (D), | 7 | | for
those subject to mandatory supervised release | 8 | | under
paragraph (d) of Section 5-8-1 of this Code, the | 9 | | recommitment
shall be for the total mandatory | 10 | | supervised release term, less
the time elapsed between | 11 | | the release of the person and the
commission of the | 12 | | violation for which mandatory supervised
release is | 13 | | revoked. The Board may also order that a prisoner
| 14 | | serve up to one year of the sentence imposed by the | 15 | | court which
was not served due to the accumulation of | 16 | | sentence credit;
| 17 | | (C) For those subject to sex offender supervision | 18 | | under clause (d)(4) of Section 5-8-1 of this Code, the | 19 | | reconfinement period for violations of clauses (a)(3) | 20 | | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | 21 | | years from the date of reconfinement;
| 22 | | (D) For those released as a result of youthful | 23 | | offender parole as set forth in Section 5-4.5-115 of | 24 | | this Code, the reconfinement period shall be for the | 25 | | total mandatory supervised release term, less the time | 26 | | elapsed between the release of the person and the |
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| 1 | | commission of the violation for which mandatory | 2 | | supervised release is revoked. The Board may also | 3 | | order that a prisoner serve up to one year of the | 4 | | mandatory supervised release term previously earned. | 5 | | The Board may also order that the inmate be | 6 | | subsequently rereleased to serve a specified mandatory | 7 | | supervised release term not to exceed the full term | 8 | | permitted under the provisions of Section 5-4.5-115 | 9 | | and subsection (d) of Section 5-8-1 of this Code and | 10 | | may modify or enlarge the conditions of the release as | 11 | | the Board deems proper; | 12 | |
(ii) the person shall be given credit against the | 13 | | term of
reimprisonment or reconfinement for time spent | 14 | | in custody
since he or she was paroled or released | 15 | | which has not been credited
against another sentence | 16 | | or period of confinement;
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(iii) (blank);
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(iv) this Section is subject to the release under
| 19 | | supervision and the reparole and rerelease provisions | 20 | | of Section
3-3-10.
| 21 | | (b) The Board may revoke parole or mandatory supervised
| 22 | | release for violation of a condition for the duration of the
| 23 | | term and for any further period which is reasonably necessary
| 24 | | for the adjudication of matters arising before its expiration.
| 25 | | The issuance of a warrant of arrest for an alleged violation
of | 26 | | the conditions of parole or mandatory supervised release
shall |
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| 1 | | toll the running of the term until the final determination of | 2 | | the
charge. When
parole or mandatory supervised release is not | 3 | | revoked
that period shall be credited to the term, unless a | 4 | | community-based sanction is imposed as an alternative to | 5 | | revocation and reincarceration, including a diversion | 6 | | established by the Illinois Department of Corrections Parole | 7 | | Services Unit prior to the holding of a preliminary parole | 8 | | revocation hearing. Parolees who are diverted to a | 9 | | community-based sanction shall serve the entire term of parole | 10 | | or mandatory supervised release, if otherwise appropriate.
| 11 | | (b-5) (Blank). The Board shall revoke parole or mandatory | 12 | | supervised release for violation of the conditions prescribed | 13 | | in paragraph (7.6) of subsection (a) of Section 3-3-7. | 14 | | (c) A person charged with violating a condition of parole | 15 | | or
mandatory supervised release shall have a preliminary | 16 | | hearing
before a hearing officer designated by the Board to | 17 | | determine
if there is cause to hold the person for a revocation | 18 | | hearing.
However, no preliminary hearing need be held when | 19 | | revocation is based
upon new criminal charges and a court | 20 | | finds probable cause on the new
criminal charges or when the | 21 | | revocation
is based upon a new criminal conviction and a | 22 | | certified copy of
that conviction is available.
| 23 | | (d) Parole or mandatory supervised release shall not be
| 24 | | revoked without written notice to the offender setting forth
| 25 | | the violation of parole or mandatory supervised release | 26 | | charged
against him or her.
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| 1 | | (e) A hearing on revocation shall be conducted before at
| 2 | | least one member of the Prisoner Review Board. The Board may
| 3 | | meet and order its actions in panels of 3 or more members.
The | 4 | | action of a majority of the panel shall be the action of
the | 5 | | Board. A record
of the hearing shall be made. At the hearing | 6 | | the offender shall
be permitted to:
| 7 | | (1) appear and answer the charge; and
| 8 | | (2) bring witnesses on his or her behalf.
| 9 | | (f) The Board shall either revoke parole or mandatory
| 10 | | supervised release or order the person's term continued with
| 11 | | or without modification or enlargement of the conditions.
| 12 | | (g) Parole or mandatory supervised release shall not be
| 13 | | revoked for failure to make payments under the conditions of
| 14 | | parole or release unless the Board determines that such | 15 | | failure is
due to the offender's willful refusal to pay.
| 16 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)
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