Full Text of HB5126 102nd General Assembly
HB5126 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5126 Introduced 1/27/2022, by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
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Amends the Unified Code of Corrections. Provides that at least 5 members of the Prisoner Review Board shall have actual experience in the law enforcement profession as law enforcement officers or prosecutors. Provides that the decision to parole and the conditions of
parole for all prisoners who were sentenced for first degree murder shall be determined by at least a two-thirds vote of the entire membership of the Prisoner Review Board. Provides that at the parole hearing one representative of the person under consideration for parole designated by that person or his or her legal representative may present oral testimony in support of parole, one representative of law enforcement from the county of conviction designated by the State's Attorney of that county may present oral testimony concerning the impact of parole on public safety and the community, and one family member of each victim of the crime committed by the person under consideration for parole may present oral testimony of the impact the person under consideration for parole has made on his or her life and his or her family's lives. Provides that a person intending to present oral testimony at the parole hearing shall give the Board at least 7 days notice prior to the hearing. Amends the Open Parole Hearings Act. Provides that en banc hearings of the Board shall be available for live viewing by the public through livestream made available on the Prisoner Review Board's website. Provides that a Board decision concerning
parole, or parole or aftercare release revocation for an inmate convicted of first degree murder shall be sent to the Governor and the Governor shall either grant or deny parole, or parole or aftercare release revocation of an inmate convicted of first degree murder, and the decision shall be final upon action by the Governor. The decision of the Governor concerning
parole, or parole or aftercare release revocation of an inmate convicted of first degree murder, shall be delivered to the inmate. Provides that those decisions are subject to disclosure under the Freedom of Information Act.
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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, 3-3-5, and 3-3-13 and by | 6 | | adding Section 3-3-0.5 as follows: | 7 | | (730 ILCS 5/3-3-0.5 new) | 8 | | Sec. 3-3-0.5. Mission of the Prisoner Review Board.
The | 9 | | mission of the Illinois Prisoner Review Board is to protect | 10 | | the rights of victims of crime, their families, and the | 11 | | citizens of Illinois by ensuring that the rule of law is upheld | 12 | | and justice is carried out.
The Board has the responsibility | 13 | | to give voice to victims, their family members, and public | 14 | | safety officials when an inmate's situation is being reviewed | 15 | | by the Board. The Board has the ability to impose release | 16 | | conditions for incarcerated individuals who are exiting penal | 17 | | facilities, revoke and restore good conduct credits from | 18 | | inmates, and conduct hearings to determine whether parolees | 19 | | have violated conditions of parole. The Board, in its | 20 | | determinations, shall award significant weight to the | 21 | | statements and positions of victims and their family members | 22 | | in recommending parole.
The Board also has the power to make | 23 | | recommendations to the Governor relative to clemency petitions |
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| 1 | | for those convicted of violating Illinois' laws.
| 2 | | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
| 3 | | Sec. 3-3-1. Establishment and appointment of Prisoner | 4 | | Review Board.
| 5 | | (a) There shall be a Prisoner Review Board independent of | 6 | | the Department
which shall be:
| 7 | | (1) the paroling authority for persons sentenced under | 8 | | the
law in effect prior to the effective date of this | 9 | | amendatory
Act of 1977;
| 10 | | (1.2) the paroling authority for persons eligible for | 11 | | parole review under Section 5-4.5-115; | 12 | | (1.5) (blank); | 13 | | (2) the board of review for cases involving the | 14 | | revocation
of sentence credits or a suspension or | 15 | | reduction in the
rate of accumulating the credit;
| 16 | | (3) the board of review and recommendation for the | 17 | | exercise
of executive clemency by the Governor;
| 18 | | (4) the authority for establishing release dates for
| 19 | | certain prisoners sentenced under the law in existence | 20 | | prior
to the effective date of this amendatory Act of | 21 | | 1977, in
accordance with Section 3-3-2.1 of this Code;
| 22 | | (5) the authority for setting conditions for parole | 23 | | and
mandatory supervised release under Section 5-8-1(a) of | 24 | | this
Code, and determining whether a violation of those | 25 | | conditions
warrant revocation of parole or mandatory |
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| 1 | | supervised release
or the imposition of other sanctions; | 2 | | (6) the authority for determining whether a violation | 3 | | of aftercare release conditions warrant revocation of | 4 | | aftercare release; and
| 5 | | (7) the authority to release medically infirm or | 6 | | disabled prisoners under Section 3-3-14. | 7 | | (b) The Board shall consist of 15 persons appointed by
the | 8 | | Governor by and with the advice and consent of the Senate.
One | 9 | | member of the Board shall be designated by the Governor
to be | 10 | | Chairman and shall serve as Chairman at the pleasure of
the | 11 | | Governor. The members of the Board shall have had at
least 5 | 12 | | years of actual experience in the fields of penology,
| 13 | | corrections work, law enforcement, sociology, law, education,
| 14 | | social work, medicine, psychology, other behavioral sciences,
| 15 | | or a combination thereof. At least 6 members so appointed
must | 16 | | have at least 3 years experience in the field of
juvenile | 17 | | matters. No more than 8 Board members may be members
of the | 18 | | same political party. At least 5 members shall have actual | 19 | | experience in the law enforcement profession as law | 20 | | enforcement officers or prosecutors.
| 21 | | Each member of the Board shall serve on a full-time basis
| 22 | | and shall not hold any other salaried public office, whether | 23 | | elective or
appointive, nor any other office or position of | 24 | | profit, nor engage in any
other business, employment, or | 25 | | vocation. The Chairman of the Board shall
receive $35,000 a | 26 | | year, or an amount set by the Compensation Review Board,
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| 1 | | whichever is greater, and each other member $30,000, or an | 2 | | amount set by the
Compensation Review Board, whichever is | 3 | | greater.
| 4 | | (c) Notwithstanding any other provision of this Section,
| 5 | | the term of each member of the Board
who was appointed by the | 6 | | Governor and is in office on June 30, 2003 shall
terminate at | 7 | | the close of business on that date or when all of the successor
| 8 | | members to be appointed pursuant to this amendatory Act of the | 9 | | 93rd General
Assembly have been appointed by the Governor, | 10 | | whichever occurs later. As soon
as possible, the Governor | 11 | | shall appoint persons to fill the vacancies created
by this | 12 | | amendatory Act.
| 13 | | Of the initial members appointed under this amendatory Act | 14 | | of the 93rd
General Assembly, the Governor shall appoint 5 | 15 | | members whose terms shall expire
on the third Monday
in | 16 | | January 2005, 5 members whose terms shall expire on the
third | 17 | | Monday in January 2007, and 5 members whose terms
shall expire | 18 | | on the third Monday in January 2009. Their respective | 19 | | successors
shall be appointed for terms of 6 years from the | 20 | | third Monday
in January of the year of appointment. Each | 21 | | member shall
serve until his or her successor is appointed and | 22 | | qualified.
| 23 | | Any member may be removed by the Governor for | 24 | | incompetence, neglect of duty,
malfeasance or inability to | 25 | | serve.
| 26 | | (d) The Chairman of the Board shall be its chief executive |
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| 1 | | and
administrative officer. The Board may have an Executive | 2 | | Director; if so,
the Executive Director shall be appointed by | 3 | | the Governor with the advice and
consent of the Senate. The | 4 | | salary and duties of the Executive Director shall
be fixed by | 5 | | the Board.
| 6 | | (Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22 .)
| 7 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 8 | | Sec. 3-3-2. Powers and duties.
| 9 | | (a) The Parole and Pardon Board is abolished and the term | 10 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 11 | | read "Prisoner Review
Board." After February 1, 1978 (the | 12 | | effective date of Public Act 81-1099), the
Prisoner Review | 13 | | Board shall provide by rule for the orderly transition of
all | 14 | | files, records, and documents of the Parole and Pardon Board | 15 | | and for
such other steps as may be necessary to effect an | 16 | | orderly transition and shall:
| 17 | | (1) hear by at least one member and through a panel of | 18 | | at least 3 members
decide, cases of prisoners
who were | 19 | | sentenced under the law in effect prior to February 1, | 20 | | 1978 (the effective
date of Public Act 81-1099), and who | 21 | | are eligible for parole;
| 22 | | (2) hear by at least one member and through a panel of | 23 | | at least 3 members decide, the conditions of
parole and | 24 | | the time of discharge from parole, impose sanctions for
| 25 | | violations of parole, and revoke
parole for those |
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| 1 | | sentenced under the law in effect prior to February 1, | 2 | | 1978 (the effective
date of Public Act 81-1099); provided | 3 | | that the decision to parole and the conditions of
parole | 4 | | for all prisoners , except those prisoners sentenced for | 5 | | first degree murder, who were sentenced for first degree | 6 | | murder or who
received a minimum sentence of 20 years or | 7 | | more under the law in effect
prior to February 1, 1978 | 8 | | shall be determined by a majority vote of the
Prisoner | 9 | | Review Board. The decision to parole and the conditions of
| 10 | | parole for all prisoners who were sentenced for first | 11 | | degree murder shall be determined by a vote of at least a | 12 | | two-thirds of the entire membership of the Board. One | 13 | | representative supporting parole and one representative | 14 | | opposing parole will be allowed to speak. Their comments | 15 | | shall be limited to making corrections and filling in | 16 | | omissions to the Board's presentation and discussion;
| 17 | | (3) hear by at least one member and through a panel of | 18 | | at least 3 members decide, the conditions
of mandatory | 19 | | supervised release and the time of discharge from | 20 | | mandatory
supervised release, impose sanctions for | 21 | | violations of mandatory
supervised release, and revoke | 22 | | mandatory supervised release for those
sentenced under the | 23 | | law in effect after February 1, 1978 (the effective date | 24 | | of Public Act 81-1099);
| 25 | | (3.5) hear by at least one member and through a panel | 26 | | of at least 3 members decide, the conditions of mandatory |
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| 1 | | supervised release and the time of discharge from | 2 | | mandatory supervised release, to impose sanctions for | 3 | | violations of mandatory supervised release and revoke | 4 | | mandatory supervised release for those serving extended | 5 | | supervised release terms pursuant to paragraph (4) of | 6 | | subsection (d) of Section 5-8-1;
| 7 | | (3.6) hear by at least one member and through a panel | 8 | | of at least 3 members decide whether to revoke aftercare | 9 | | release for those committed to the Department of Juvenile | 10 | | Justice under the Juvenile Court Act of 1987; | 11 | | (4) hear by at least one member and through a panel of | 12 | | at least 3
members,
decide cases brought by the Department | 13 | | of Corrections against a prisoner in
the custody of the | 14 | | Department for alleged violation of Department rules
with | 15 | | respect to sentence credits under Section 3-6-3 of this | 16 | | Code
in which the Department seeks to revoke sentence | 17 | | credits, if the amount
of time at issue exceeds 30 days or | 18 | | when, during any 12-month period, the
cumulative amount of | 19 | | credit revoked exceeds 30 days except where the
infraction | 20 | | is committed or discovered within 60 days of scheduled | 21 | | release.
In such cases, the Department of Corrections may | 22 | | revoke up to 30 days of
sentence credit. The Board may | 23 | | subsequently approve the revocation of
additional sentence | 24 | | credit, if the Department seeks to revoke sentence credit | 25 | | in excess of 30 days. However, the Board shall not be
| 26 | | empowered to review the Department's decision with respect |
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| 1 | | to the loss of
30 days of sentence credit for any prisoner | 2 | | or to increase any penalty
beyond the length requested by | 3 | | the Department;
| 4 | | (5) hear by at least one member and through a panel of | 5 | | at least 3
members decide, the
release dates for certain | 6 | | prisoners sentenced under the law in existence
prior to | 7 | | February 1, 1978 (the effective date of Public Act | 8 | | 81-1099), in
accordance with Section 3-3-2.1 of this Code;
| 9 | | (6) hear by at least one member and through a panel of | 10 | | at least 3 members
decide, all requests for pardon, | 11 | | reprieve or commutation, and make confidential
| 12 | | recommendations to the Governor;
| 13 | | (6.5) hear by at least one member who is qualified in | 14 | | the field of juvenile matters and through a panel of at | 15 | | least 3 members, 2 of whom are qualified in the field of | 16 | | juvenile matters, decide parole review cases in accordance | 17 | | with Section 5-4.5-115 of this Code and make release | 18 | | determinations of persons under the age of 21 at the time | 19 | | of the commission of an offense or offenses, other than | 20 | | those persons serving sentences for first degree murder or | 21 | | aggravated criminal sexual assault; | 22 | | (6.6) hear by at least a quorum of
the Prisoner Review | 23 | | Board and decide by a majority of members present at the | 24 | | hearing, in accordance with Section 5-4.5-115 of this
| 25 | | Code, release determinations of persons under the age of | 26 | | 21 at the
time of the commission of an offense or offenses |
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| 1 | | of those persons serving
sentences for first degree murder | 2 | | or aggravated criminal sexual assault; | 3 | | (7) comply with the requirements of the Open Parole | 4 | | Hearings Act;
| 5 | | (8) hear by at least one member and, through a panel of | 6 | | at least 3
members, decide cases brought by the Department | 7 | | of Corrections against a
prisoner in the custody of the | 8 | | Department for court dismissal of a frivolous
lawsuit | 9 | | pursuant to Section 3-6-3(d) of this Code in which the | 10 | | Department seeks
to revoke up to 180 days of sentence | 11 | | credit, and if the prisoner has not
accumulated 180 days | 12 | | of sentence credit at the time of the dismissal, then
all | 13 | | sentence credit accumulated by the prisoner shall be | 14 | | revoked;
| 15 | | (9) hear by at least 3 members, and, through a panel of | 16 | | at least 3
members, decide whether to grant certificates | 17 | | of relief from
disabilities or certificates of good | 18 | | conduct as provided in Article 5.5 of
Chapter V; | 19 | | (10) upon a petition by a person who has been | 20 | | convicted of a Class 3 or Class 4 felony and who meets the | 21 | | requirements of this paragraph, hear by at least 3 members | 22 | | and, with the unanimous vote of a panel of 3 members, issue | 23 | | a certificate of eligibility for sealing recommending that | 24 | | the court order the sealing of all official
records of the | 25 | | arresting authority, the circuit court clerk, and the | 26 | | Illinois State Police concerning the arrest and conviction |
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| 1 | | for the Class 3 or 4 felony. A person may not apply to the | 2 | | Board for a certificate of eligibility for sealing: | 3 | | (A) until 5 years have elapsed since the | 4 | | expiration of his or her sentence; | 5 | | (B) until 5 years have elapsed since any arrests | 6 | | or detentions by a law enforcement officer for an | 7 | | alleged violation of law, other than a petty offense, | 8 | | traffic offense, conservation offense, or local | 9 | | ordinance offense; | 10 | | (C) if convicted of a violation of the Cannabis | 11 | | Control Act, Illinois Controlled Substances Act, the | 12 | | Methamphetamine Control and Community Protection Act, | 13 | | the Methamphetamine Precursor Control Act, or the | 14 | | Methamphetamine Precursor Tracking Act unless the | 15 | | petitioner has completed a drug abuse program for the | 16 | | offense on which sealing is sought and provides proof | 17 | | that he or she has completed the program successfully; | 18 | | (D) if convicted of: | 19 | | (i) a sex offense described in Article 11 or | 20 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 21 | | the Criminal Code of 1961 or the Criminal Code of | 22 | | 2012; | 23 | | (ii) aggravated assault; | 24 | | (iii) aggravated battery; | 25 | | (iv) domestic battery; | 26 | | (v) aggravated domestic battery; |
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| 1 | | (vi) violation of an order of protection; | 2 | | (vii) an offense under the Criminal Code of | 3 | | 1961 or the Criminal Code of 2012 involving a | 4 | | firearm; | 5 | | (viii) driving while under the influence of | 6 | | alcohol, other drug or drugs, intoxicating | 7 | | compound or compounds, or any combination thereof; | 8 | | (ix) aggravated driving while under the | 9 | | influence of alcohol, other drug or drugs, | 10 | | intoxicating compound or compounds, or any | 11 | | combination thereof; or | 12 | | (x) any crime defined as a crime of violence | 13 | | under Section 2 of the Crime Victims Compensation | 14 | | Act. | 15 | | If a person has applied to the Board for a certificate | 16 | | of eligibility for sealing and the Board denies the | 17 | | certificate, the person must wait at least 4 years before | 18 | | filing again or filing for pardon from the Governor unless | 19 | | the Chairman of the Prisoner Review Board grants a waiver. | 20 | | The decision to issue or refrain from issuing a | 21 | | certificate of eligibility for sealing shall be at the | 22 | | Board's sole discretion, and shall not give rise to any | 23 | | cause of action against either the Board or its members. | 24 | | The Board may only authorize the sealing of Class 3 | 25 | | and 4 felony convictions of the petitioner from one | 26 | | information or indictment under this paragraph (10). A |
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| 1 | | petitioner may only receive one certificate of eligibility | 2 | | for sealing under this provision for life; and
| 3 | | (11) upon a petition by a person who after having been | 4 | | convicted of a Class 3 or Class 4 felony thereafter served | 5 | | in the United States Armed Forces or National Guard of | 6 | | this or any other state and had received an honorable | 7 | | discharge from the United States Armed Forces or National | 8 | | Guard or who at the time of filing the petition is enlisted | 9 | | in the United States Armed Forces or National Guard of | 10 | | this or any other state and served one tour of duty and who | 11 | | meets the requirements of this paragraph, hear by at least | 12 | | 3 members and, with the unanimous vote of a panel of 3 | 13 | | members, issue a certificate of eligibility for | 14 | | expungement recommending that the court order the | 15 | | expungement of all official
records of the arresting | 16 | | authority, the circuit court clerk, and the Illinois State | 17 | | Police concerning the arrest and conviction for the Class | 18 | | 3 or 4 felony. A person may not apply to the Board for a | 19 | | certificate of eligibility for expungement: | 20 | | (A) if convicted of: | 21 | | (i) a sex offense described in Article 11 or | 22 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 23 | | the Criminal Code of 1961 or Criminal Code of | 24 | | 2012; | 25 | | (ii) an offense under the Criminal Code of | 26 | | 1961 or Criminal Code of 2012 involving a firearm; |
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| 1 | | or | 2 | | (iii) a crime of violence as defined in | 3 | | Section 2 of the Crime Victims Compensation Act; | 4 | | or | 5 | | (B) if the person has not served in the United | 6 | | States Armed Forces or National Guard of this or any | 7 | | other state or has not received an honorable discharge | 8 | | from the United States Armed Forces or National Guard | 9 | | of this or any other state or who at the time of the | 10 | | filing of the petition is serving in the United States | 11 | | Armed Forces or National Guard of this or any other | 12 | | state and has not completed one tour of duty. | 13 | | If a person has applied to the Board for a certificate | 14 | | of eligibility for expungement and the Board denies the | 15 | | certificate, the person must wait at least 4 years before | 16 | | filing again or filing for a pardon with authorization for | 17 | | expungement from the Governor unless the Governor or | 18 | | Chairman of the Prisoner Review Board grants a waiver. | 19 | | (a-5) The Prisoner Review Board, with the cooperation of | 20 | | and in
coordination with the Department of Corrections and the | 21 | | Department of Central
Management Services, shall implement a | 22 | | pilot project in 3 correctional
institutions providing for the | 23 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 24 | | (a) of this Section through interactive video conferences.
The
| 25 | | project shall be implemented within 6 months after January 1, | 26 | | 1997 (the effective date of Public Act 89-490). Within 6 |
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| 1 | | months after the implementation of the pilot
project, the | 2 | | Prisoner Review Board, with the cooperation of and in | 3 | | coordination
with the Department of Corrections and the | 4 | | Department of Central Management
Services, shall report to the | 5 | | Governor and the General Assembly regarding the
use, costs, | 6 | | effectiveness, and future viability of interactive video
| 7 | | conferences for Prisoner Review Board hearings.
| 8 | | (b) Upon recommendation of the Department the Board may | 9 | | restore sentence credit previously revoked.
| 10 | | (c) The Board shall cooperate with the Department in | 11 | | promoting an
effective system of parole and mandatory | 12 | | supervised release.
| 13 | | (d) The Board shall promulgate rules for the conduct of | 14 | | its work,
and the Chairman shall file a copy of such rules and | 15 | | any amendments
thereto with the Director and with the | 16 | | Secretary of State.
| 17 | | (e) The Board shall keep records of all of its official | 18 | | actions and
shall make them accessible in accordance with law | 19 | | and the rules of the
Board.
| 20 | | (f) The Board or one who has allegedly violated the | 21 | | conditions of
his or her parole, aftercare release, or | 22 | | mandatory supervised release may require by subpoena the
| 23 | | attendance and testimony of witnesses and the production of | 24 | | documentary
evidence relating to any matter under | 25 | | investigation or hearing. The
Chairman of the Board may sign | 26 | | subpoenas which shall be served by any
agent or public |
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| 1 | | official authorized by the Chairman of the Board, or by
any | 2 | | person lawfully authorized to serve a subpoena under the laws | 3 | | of the
State of Illinois. The attendance of witnesses, and the | 4 | | production of
documentary evidence, may be required from any | 5 | | place in the State to a
hearing location in the State before | 6 | | the Chairman of the Board or his or her
designated agent or | 7 | | agents or any duly constituted Committee or
Subcommittee of | 8 | | the Board. Witnesses so summoned shall be paid the same
fees | 9 | | and mileage that are paid witnesses in the circuit courts of | 10 | | the
State, and witnesses whose depositions are taken and the | 11 | | persons taking
those depositions are each entitled to the same | 12 | | fees as are paid for
like services in actions in the circuit | 13 | | courts of the State. Fees and
mileage shall be vouchered for | 14 | | payment when the witness is discharged
from further | 15 | | attendance.
| 16 | | In case of disobedience to a subpoena, the Board may | 17 | | petition any
circuit court of the State for an order requiring | 18 | | the attendance and
testimony of witnesses or the production of | 19 | | documentary evidence or
both. A copy of such petition shall be | 20 | | served by personal service or by
registered or certified mail | 21 | | upon the person who has failed to obey the
subpoena, and such | 22 | | person shall be advised in writing that a hearing
upon the | 23 | | petition will be requested in a court room to be designated in
| 24 | | such notice before the judge hearing motions or extraordinary | 25 | | remedies
at a specified time, on a specified date, not less | 26 | | than 10 nor more than
15 days after the deposit of the copy of |
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| 1 | | the written notice and petition
in the U.S. mail addressed to | 2 | | the person at his or her last known address or
after the | 3 | | personal service of the copy of the notice and petition upon
| 4 | | such person. The court upon the filing of such a petition, may | 5 | | order the
person refusing to obey the subpoena to appear at an | 6 | | investigation or
hearing, or to there produce documentary | 7 | | evidence, if so ordered, or to
give evidence relative to the | 8 | | subject matter of that investigation or
hearing. Any failure | 9 | | to obey such order of the circuit court may be
punished by that | 10 | | court as a contempt of court.
| 11 | | Each member of the Board and any hearing officer | 12 | | designated by the
Board shall have the power to administer | 13 | | oaths and to take the testimony
of persons under oath.
| 14 | | (g) Except under subsection (a) of this Section, a | 15 | | majority of the
members then appointed to the Prisoner Review | 16 | | Board shall constitute a
quorum for the transaction of all | 17 | | business of the Board.
| 18 | | (h) The Prisoner Review Board shall annually transmit to | 19 | | the
Director a detailed report of its work for the preceding | 20 | | calendar year.
The annual report shall also be transmitted to | 21 | | the Governor for
submission to the Legislature.
| 22 | | (Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21; | 23 | | 102-558, eff. 8-20-21.)
| 24 | | (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| 25 | | Sec. 3-3-5. Hearing and determination.
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| 1 | | (a) The Prisoner
Review Board shall meet as often as need | 2 | | requires to consider
the cases of persons eligible for parole. | 3 | | Except as otherwise
provided in paragraph (2) of subsection | 4 | | (a) of Section 3-3-2
of this Act, the Prisoner Review Board may | 5 | | meet and
order its actions in panels of 3 or more members. The | 6 | | action
of a majority of the panel shall be the action of the | 7 | | Board.
| 8 | | (b) If the person under consideration for parole is in the
| 9 | | custody of the Department, at least one member of the Board
| 10 | | shall interview him or her, and a report of that interview | 11 | | shall be
available for the Board's consideration. However, in | 12 | | the
discretion of the Board, the interview need not be | 13 | | conducted
if a psychiatric examination determines that the | 14 | | person could
not meaningfully contribute to the Board's | 15 | | consideration. The
Board may in its discretion parole a person | 16 | | who is then outside
the jurisdiction on his or her record | 17 | | without an interview. The Board
need not hold a hearing or | 18 | | interview a person who is paroled
under paragraphs (d) or (e) | 19 | | of this Section or released on
Mandatory release under Section | 20 | | 3-3-10.
| 21 | | (b-5) At the parole hearing (i) one representative of the | 22 | | person under consideration for parole designated by that | 23 | | person or his or her legal representative may present oral | 24 | | testimony in support of parole, (ii) one representative of law | 25 | | enforcement from the county of conviction designated by the | 26 | | State's Attorney of that county may present oral testimony |
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| 1 | | concerning the impact of parole on public safety and the | 2 | | community, and (iii) one family member of each victim of the | 3 | | crime committed by the person under consideration for parole | 4 | | may present oral testimony of the impact the person under | 5 | | consideration for parole has made on his or her life and his or | 6 | | her family's lives. A person intending to present oral | 7 | | testimony at the parole hearing under this subsection (b-5) | 8 | | shall give the Board at least 7 days notice prior to the | 9 | | hearing. | 10 | | (c) The Board shall not parole a person eligible for
| 11 | | parole if it determines that:
| 12 | | (1) there is a substantial risk that he or she will not
| 13 | | conform to reasonable conditions of parole or aftercare | 14 | | release; or
| 15 | | (2) his or her release at that time would deprecate | 16 | | the
seriousness of his or her offense or promote | 17 | | disrespect for the law; or
| 18 | | (3) his or her release would have a substantially | 19 | | adverse
effect on institutional discipline.
| 20 | | (d) (Blank).
| 21 | | (e) A person who has served the maximum term of
| 22 | | imprisonment imposed at the time of sentencing less time
| 23 | | credit for good behavior shall be released on parole to
serve a | 24 | | period of parole under Section 5-8-1.
| 25 | | (f) The Board shall render its decision within a
| 26 | | reasonable time after hearing and shall state the basis
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| 1 | | therefor both in the records of the Board and in written
notice | 2 | | to the person on whose application it has acted.
In its | 3 | | decision, the Board shall set the person's time
for parole, or | 4 | | if it denies parole it shall provide for
a rehearing not less | 5 | | frequently than once every
year, except that the Board may,
| 6 | | after denying parole,
schedule a rehearing no later than 5 | 7 | | years from the date of the parole
denial, if the Board finds | 8 | | that it is not reasonable to expect that parole
would be | 9 | | granted at a hearing prior to the scheduled rehearing date. If | 10 | | the
Board shall parole a person, and, if he or she is not | 11 | | released within 90 days from
the effective date of the order | 12 | | granting parole, the matter shall be
returned to the Board for | 13 | | review.
| 14 | | (f-1) If the Board paroles a person who is eligible for | 15 | | commitment as a sexually violent person, the effective date of | 16 | | the Board's order shall be stayed for 90 days for the purpose | 17 | | of evaluation and proceedings under the Sexually Violent | 18 | | Persons Commitment Act. | 19 | | (g) The Board shall maintain a registry of decisions in | 20 | | which parole
has been granted, which shall include the name | 21 | | and case number of the
prisoner, the highest charge for which | 22 | | the prisoner was sentenced, the
length of sentence imposed, | 23 | | the date of the sentence, the date of the
parole, and the basis | 24 | | for the decision of the Board to grant parole and the
vote of | 25 | | the Board on any such decisions. The registry shall be made | 26 | | available
for public inspection and copying during business |
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| 1 | | hours and shall be a public
record pursuant to the provisions | 2 | | of the Freedom of Information Act.
| 3 | | (h) The Board shall promulgate rules regarding the | 4 | | exercise
of its discretion under this Section.
| 5 | | (Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; | 6 | | 99-628, eff. 1-1-17 .)
| 7 | | (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
| 8 | | Sec. 3-3-13. Procedure for executive clemency.
| 9 | | (a) Petitions seeking pardon, commutation, or reprieve | 10 | | shall be
addressed to the Governor and filed with the Prisoner | 11 | | Review
Board. The petition shall be in writing and signed by | 12 | | the
person under conviction or by a person on his behalf. It | 13 | | shall
contain a brief history of the case, the reasons for | 14 | | seeking
executive clemency, and other relevant information the | 15 | | Board may require.
| 16 | | (a-5) After a petition has been denied by the Governor, | 17 | | the Board may not
accept a repeat petition for executive | 18 | | clemency for the same person until one
full year has elapsed | 19 | | from the date of the denial. The Chairman of the Board
may | 20 | | waive the one-year requirement if the petitioner offers in | 21 | | writing
new information that was unavailable to the petitioner | 22 | | at the time
of the filing of the prior petition and which the | 23 | | Chairman determines to be
significant. The Chairman also may | 24 | | waive the one-year
waiting period if the petitioner can show | 25 | | that a change in circumstances of a
compelling humanitarian |
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| 1 | | nature has arisen since the denial of the prior
petition.
| 2 | | (b) Notice of the proposed application shall be given by
| 3 | | the Board to the committing court and the state's attorney of
| 4 | | the county where the conviction was had.
| 5 | | (b-5) Victims registered with the Board shall receive | 6 | | reasonable written notice within 7 days after the filing of | 7 | | the application for executive clemency and if the victim has | 8 | | not submitted a victim statement 30 days prior to the | 9 | | executive clemency hearing date, the Board shall send a second | 10 | | written notice to the victim not less than 30 days prior to the | 11 | | executive clemency hearing date . The victim has the right to | 12 | | submit a victim statement to the Prisoner Review Board for | 13 | | consideration at an executive clemency hearing as provided in | 14 | | subsection (c) of this Section. The victim has a right to ask | 15 | | for an extension to submit a victim statement of an additional | 16 | | 45 days from the date the victim receives notice. A hearing | 17 | | shall not commence if the victim has requested additional | 18 | | time. Victim statements provided to the Board shall be | 19 | | confidential and privileged, including any statements received | 20 | | prior to the effective date of this amendatory Act of the 101st | 21 | | General Assembly, except if the statement was an oral | 22 | | statement made by the victim at a hearing open to the public. | 23 | | (c) The Board shall, upon due notice,
give a hearing to | 24 | | each application, allowing representation by
counsel, if | 25 | | desired, after which it shall confidentially
advise the | 26 | | Governor by a written report of its recommendations
which |
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| 1 | | shall be determined by majority vote. The written report to | 2 | | the Governor shall be public, the Board shall redact | 3 | | information which may identify a victim confidential and | 4 | | privileged, including any reports made prior to the effective | 5 | | date of this amendatory Act of the 101st General Assembly . The | 6 | | Board shall
meet to consider such petitions no less than 4 | 7 | | times each
year.
| 8 | | Application for executive clemency under this Section may | 9 | | not be commenced
on behalf of a person who has been sentenced | 10 | | to death without the written
consent of the defendant, unless | 11 | | the defendant, because of a mental or
physical condition, is | 12 | | incapable of asserting his or her own claim.
| 13 | | (d) The Governor shall decide each application and
| 14 | | communicate his decision to the Board which shall notify the
| 15 | | petitioner.
| 16 | | In the event a petitioner who has been convicted of a Class | 17 | | X felony is
granted a release, after the Governor has | 18 | | communicated such decision to
the Board, the Board shall give | 19 | | written notice to the Sheriff of the county
from which the | 20 | | offender was sentenced if such sheriff has requested that
such | 21 | | notice be given on a continuing basis. In cases where arrest of | 22 | | the
offender or the commission of the offense took place in any | 23 | | municipality
with a population of more than 10,000 persons, | 24 | | the Board shall also give
written notice to the proper law | 25 | | enforcement agency for said municipality
which has requested | 26 | | notice on a continuing basis.
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| 1 | | (e) Nothing in this Section shall be construed to limit | 2 | | the power of the
Governor under the constitution to grant a | 3 | | reprieve, commutation of sentence,
or pardon.
| 4 | | (Source: P.A. 101-288, eff. 1-1-20 .)
| 5 | | Section 10. The Open Parole Hearings Act is amended by | 6 | | changing Sections 15 and 20 as follows:
| 7 | | (730 ILCS 105/15) (from Ch. 38, par. 1665)
| 8 | | Sec. 15. Open hearings.
| 9 | | (a) The Board may restrict the number of individuals | 10 | | allowed to attend
parole, or parole or aftercare release | 11 | | revocation hearings in accordance with physical
limitations, | 12 | | security requirements of the hearing facilities or those
| 13 | | giving repetitive or cumulative testimony. The Board may also | 14 | | restrict attendance at an aftercare release or aftercare | 15 | | release revocation hearing in order to protect the | 16 | | confidentiality of the youth.
| 17 | | (b) The Board may deny admission or continued attendance | 18 | | at parole hearings, or
parole or aftercare release revocation | 19 | | hearings to individuals who:
| 20 | | (1) threaten or present danger to the security of the | 21 | | institution in
which the hearing is being held;
| 22 | | (2) threaten or present a danger to other attendees or | 23 | | participants; or
| 24 | | (3) disrupt the hearing.
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| 1 | | (b-5) En banc hearings of the Board shall be available for | 2 | | live viewing by the public through livestream made available | 3 | | on the Prisoner Review Board's website. | 4 | | (c) Upon formal action of a majority of the Board members | 5 | | present, the
Board may close parole hearings and parole or | 6 | | aftercare release revocation hearings in order to:
| 7 | | (1) deliberate upon the oral testimony and any other | 8 | | relevant
information received from applicants, parolees, | 9 | | releasees, victims, or others; or
| 10 | | (2) provide applicants, releasees, and parolees the | 11 | | opportunity to challenge
information other than that which | 12 | | if the person's identity were to be
exposed would possibly | 13 | | subject them to bodily harm or death, which they
believe | 14 | | detrimental to their parole determination hearing or | 15 | | revocation
proceedings.
| 16 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
| 17 | | (730 ILCS 105/20) (from Ch. 38, par. 1670)
| 18 | | Sec. 20. Finality of Board decisions. | 19 | | (a) Except as otherwise provided in subsection (b), a A | 20 | | Board decision concerning
parole, or parole or aftercare | 21 | | release revocation shall be final at the time the decision is
| 22 | | delivered to the inmate, subject to any rehearing granted | 23 | | under Board rules. | 24 | | (b) A Board decision concerning
parole, or parole or | 25 | | aftercare release revocation for an inmate convicted of first |
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| 1 | | degree murder shall be sent to the Governor and the Governor | 2 | | shall either grant or deny parole, or parole or aftercare | 3 | | release revocation, and the decision shall be final upon | 4 | | action by the Governor. The decision of the Governor | 5 | | concerning
parole, or parole or aftercare release revocation | 6 | | of an inmate convicted of first degree murder, shall be | 7 | | delivered to the inmate. Decisions of the Governor under this | 8 | | subsection (b) are subject to disclosure under the Freedom of | 9 | | Information Act.
| 10 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 730 ILCS 5/3-3-0.5 new | | | 4 | | 730 ILCS 5/3-3-1 | from Ch. 38, par. 1003-3-1 | | 5 | | 730 ILCS 5/3-3-2 | from Ch. 38, par. 1003-3-2 | | 6 | | 730 ILCS 5/3-3-5 | from Ch. 38, par. 1003-3-5 | | 7 | | 730 ILCS 5/3-3-13 | from Ch. 38, par. 1003-3-13 | | 8 | | 730 ILCS 105/15 | from Ch. 38, par. 1665 | | 9 | | 730 ILCS 105/20 | from Ch. 38, par. 1670 |
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