Public Act 099-0268
 
SB1560 EnrolledLRB099 10707 RLC 30983 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 5-710 and 5-750 as follows:
 
    (705 ILCS 405/5-710)
    Sec. 5-710. Kinds of sentencing orders.
    (1) The following kinds of sentencing orders may be made in
respect of wards of the court:
        (a) Except as provided in Sections 5-805, 5-810, 5-815,
    a minor who is found guilty under Section 5-620 may be:
            (i) put on probation or conditional discharge and
        released to his or her parents, guardian or legal
        custodian, provided, however, that any such minor who
        is not committed to the Department of Juvenile Justice
        under this subsection and who is found to be a
        delinquent for an offense which is first degree murder,
        a Class X felony, or a forcible felony shall be placed
        on probation;
            (ii) placed in accordance with Section 5-740, with
        or without also being put on probation or conditional
        discharge;
            (iii) required to undergo a substance abuse
        assessment conducted by a licensed provider and
        participate in the indicated clinical level of care;
            (iv) on and after the effective date of this
        amendatory Act of the 98th General Assembly and before
        January 1, 2017, placed in the guardianship of the
        Department of Children and Family Services, but only if
        the delinquent minor is under 16 years of age or,
        pursuant to Article II of this Act, a minor for whom an
        independent basis of abuse, neglect, or dependency
        exists. On and after January 1, 2017, placed in the
        guardianship of the Department of Children and Family
        Services, but only if the delinquent minor is under 15
        years of age or, pursuant to Article II of this Act, a
        minor for whom an independent basis of abuse, neglect,
        or dependency exists. An independent basis exists when
        the allegations or adjudication of abuse, neglect, or
        dependency do not arise from the same facts, incident,
        or circumstances which give rise to a charge or
        adjudication of delinquency;
            (v) placed in detention for a period not to exceed
        30 days, either as the exclusive order of disposition
        or, where appropriate, in conjunction with any other
        order of disposition issued under this paragraph,
        provided that any such detention shall be in a juvenile
        detention home and the minor so detained shall be 10
        years of age or older. However, the 30-day limitation
        may be extended by further order of the court for a
        minor under age 15 committed to the Department of
        Children and Family Services if the court finds that
        the minor is a danger to himself or others. The minor
        shall be given credit on the sentencing order of
        detention for time spent in detention under Sections
        5-501, 5-601, 5-710, or 5-720 of this Article as a
        result of the offense for which the sentencing order
        was imposed. The court may grant credit on a sentencing
        order of detention entered under a violation of
        probation or violation of conditional discharge under
        Section 5-720 of this Article for time spent in
        detention before the filing of the petition alleging
        the violation. A minor shall not be deprived of credit
        for time spent in detention before the filing of a
        violation of probation or conditional discharge
        alleging the same or related act or acts. The
        limitation that the minor shall only be placed in a
        juvenile detention home does not apply as follows:
            Persons 18 years of age and older who have a
        petition of delinquency filed against them may be
        confined in an adult detention facility. In making a
        determination whether to confine a person 18 years of
        age or older who has a petition of delinquency filed
        against the person, these factors, among other
        matters, shall be considered:
                (A) the age of the person;
                (B) any previous delinquent or criminal
            history of the person;
                (C) any previous abuse or neglect history of
            the person;
                (D) any mental health history of the person;
            and
                (E) any educational history of the person;
            (vi) ordered partially or completely emancipated
        in accordance with the provisions of the Emancipation
        of Minors Act;
            (vii) subject to having his or her driver's license
        or driving privileges suspended for such time as
        determined by the court but only until he or she
        attains 18 years of age;
            (viii) put on probation or conditional discharge
        and placed in detention under Section 3-6039 of the
        Counties Code for a period not to exceed the period of
        incarceration permitted by law for adults found guilty
        of the same offense or offenses for which the minor was
        adjudicated delinquent, and in any event no longer than
        upon attainment of age 21; this subdivision (viii)
        notwithstanding any contrary provision of the law;
            (ix) ordered to undergo a medical or other
        procedure to have a tattoo symbolizing allegiance to a
        street gang removed from his or her body; or
            (x) placed in electronic home detention under Part
        7A of this Article.
        (b) A minor found to be guilty may be committed to the
    Department of Juvenile Justice under Section 5-750 if the
    minor is at least 13 years and under 20 years of age or
    older, provided that the commitment to the Department of
    Juvenile Justice shall be made only if a term of
    imprisonment in the penitentiary system of the Department
    of Corrections incarceration is permitted by law for adults
    found guilty of the offense for which the minor was
    adjudicated delinquent. The court shall include in the
    sentencing order any pre-custody credits the minor is
    entitled to under Section 5-4.5-100 of the Unified Code of
    Corrections. The time during which a minor is in custody
    before being released upon the request of a parent,
    guardian or legal custodian shall also be considered as
    time spent in custody detention.
        (c) When a minor is found to be guilty for an offense
    which is a violation of the Illinois Controlled Substances
    Act, the Cannabis Control Act, or the Methamphetamine
    Control and Community Protection Act and made a ward of the
    court, the court may enter a disposition order requiring
    the minor to undergo assessment, counseling or treatment in
    a substance abuse program approved by the Department of
    Human Services.
    (2) Any sentencing order other than commitment to the
Department of Juvenile Justice may provide for protective
supervision under Section 5-725 and may include an order of
protection under Section 5-730.
    (3) Unless the sentencing order expressly so provides, it
does not operate to close proceedings on the pending petition,
but is subject to modification until final closing and
discharge of the proceedings under Section 5-750.
    (4) In addition to any other sentence, the court may order
any minor found to be delinquent to make restitution, in
monetary or non-monetary form, under the terms and conditions
of Section 5-5-6 of the Unified Code of Corrections, except
that the "presentencing hearing" referred to in that Section
shall be the sentencing hearing for purposes of this Section.
The parent, guardian or legal custodian of the minor may be
ordered by the court to pay some or all of the restitution on
the minor's behalf, pursuant to the Parental Responsibility
Law. The State's Attorney is authorized to act on behalf of any
victim in seeking restitution in proceedings under this
Section, up to the maximum amount allowed in Section 5 of the
Parental Responsibility Law.
    (5) Any sentencing order where the minor is committed or
placed in accordance with Section 5-740 shall provide for the
parents or guardian of the estate of the minor to pay to the
legal custodian or guardian of the person of the minor such
sums as are determined by the custodian or guardian of the
person of the minor as necessary for the minor's needs. The
payments may not exceed the maximum amounts provided for by
Section 9.1 of the Children and Family Services Act.
    (6) Whenever the sentencing order requires the minor to
attend school or participate in a program of training, the
truant officer or designated school official shall regularly
report to the court if the minor is a chronic or habitual
truant under Section 26-2a of the School Code. Notwithstanding
any other provision of this Act, in instances in which
educational services are to be provided to a minor in a
residential facility where the minor has been placed by the
court, costs incurred in the provision of those educational
services must be allocated based on the requirements of the
School Code.
    (7) In no event shall a guilty minor be committed to the
Department of Juvenile Justice for a period of time in excess
of that period for which an adult could be committed for the
same act. The court shall include in the sentencing order a
limitation on the period of confinement not to exceed the
maximum period of imprisonment the court could impose under
Article V of the Unified Code of Corrections.
    (7.5) In no event shall a guilty minor be committed to the
Department of Juvenile Justice or placed in detention when the
act for which the minor was adjudicated delinquent would not be
illegal if committed by an adult.
    (8) A minor found to be guilty for reasons that include a
violation of Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012 shall be ordered to perform community
service for not less than 30 and not more than 120 hours, if
community service is available in the jurisdiction. The
community service shall include, but need not be limited to,
the cleanup and repair of the damage that was caused by the
violation or similar damage to property located in the
municipality or county in which the violation occurred. The
order may be in addition to any other order authorized by this
Section.
    (8.5) A minor found to be guilty for reasons that include a
violation of Section 3.02 or Section 3.03 of the Humane Care
for Animals Act or paragraph (d) of subsection (1) of Section
21-1 of the Criminal Code of 1961 or paragraph (4) of
subsection (a) of Section 21-1 of the Criminal Code of 2012
shall be ordered to undergo medical or psychiatric treatment
rendered by a psychiatrist or psychological treatment rendered
by a clinical psychologist. The order may be in addition to any
other order authorized by this Section.
    (9) In addition to any other sentencing order, the court
shall order any minor found to be guilty for an act which would
constitute, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
aggravated criminal sexual abuse, or criminal sexual abuse if
committed by an adult to undergo medical testing to determine
whether the defendant has any sexually transmissible disease
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agency of
acquired immunodeficiency syndrome (AIDS). Any medical test
shall be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the minor's person. Except as
otherwise provided by law, the results of the test shall be
kept strictly confidential by all medical personnel involved in
the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the sentencing
order was entered for the judge's inspection in camera. Acting
in accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom the results of the testing may be revealed. The court
shall notify the minor of the results of the test for infection
with the human immunodeficiency virus (HIV). The court shall
also notify the victim if requested by the victim, and if the
victim is under the age of 15 and if requested by the victim's
parents or legal guardian, the court shall notify the victim's
parents or the legal guardian, of the results of the test for
infection with the human immunodeficiency virus (HIV). The
court shall provide information on the availability of HIV
testing and counseling at the Department of Public Health
facilities to all parties to whom the results of the testing
are revealed. The court shall order that the cost of any test
shall be paid by the county and may be taxed as costs against
the minor.
    (10) When a court finds a minor to be guilty the court
shall, before entering a sentencing order under this Section,
make a finding whether the offense committed either: (a) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the minor's membership in or
allegiance to an organized gang, or (b) involved a violation of
subsection (a) of Section 12-7.1 of the Criminal Code of 1961
or the Criminal Code of 2012, a violation of any Section of
Article 24 of the Criminal Code of 1961 or the Criminal Code of
2012, or a violation of any statute that involved the wrongful
use of a firearm. If the court determines the question in the
affirmative, and the court does not commit the minor to the
Department of Juvenile Justice, the court shall order the minor
to perform community service for not less than 30 hours nor
more than 120 hours, provided that community service is
available in the jurisdiction and is funded and approved by the
county board of the county where the offense was committed. The
community service shall include, but need not be limited to,
the cleanup and repair of any damage caused by a violation of
Section 21-1.3 of the Criminal Code of 1961 or the Criminal
Code of 2012 and similar damage to property located in the
municipality or county in which the violation occurred. When
possible and reasonable, the community service shall be
performed in the minor's neighborhood. This order shall be in
addition to any other order authorized by this Section except
for an order to place the minor in the custody of the
Department of Juvenile Justice. For the purposes of this
Section, "organized gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
    (11) If the court determines that the offense was committed
in furtherance of the criminal activities of an organized gang,
as provided in subsection (10), and that the offense involved
the operation or use of a motor vehicle or the use of a
driver's license or permit, the court shall notify the
Secretary of State of that determination and of the period for
which the minor shall be denied driving privileges. If, at the
time of the determination, the minor does not hold a driver's
license or permit, the court shall provide that the minor shall
not be issued a driver's license or permit until his or her
18th birthday. If the minor holds a driver's license or permit
at the time of the determination, the court shall provide that
the minor's driver's license or permit shall be revoked until
his or her 21st birthday, or until a later date or occurrence
determined by the court. If the minor holds a driver's license
at the time of the determination, the court may direct the
Secretary of State to issue the minor a judicial driving
permit, also known as a JDP. The JDP shall be subject to the
same terms as a JDP issued under Section 6-206.1 of the
Illinois Vehicle Code, except that the court may direct that
the JDP be effective immediately.
    (12) If a minor is found to be guilty of a violation of
subsection (a-7) of Section 1 of the Prevention of Tobacco Use
by Minors Act, the court may, in its discretion, and upon
recommendation by the State's Attorney, order that minor and
his or her parents or legal guardian to attend a smoker's
education or youth diversion program as defined in that Act if
that program is available in the jurisdiction where the
offender resides. Attendance at a smoker's education or youth
diversion program shall be time-credited against any community
service time imposed for any first violation of subsection
(a-7) of Section 1 of that Act. In addition to any other
penalty that the court may impose for a violation of subsection
(a-7) of Section 1 of that Act, the court, upon request by the
State's Attorney, may in its discretion require the offender to
remit a fee for his or her attendance at a smoker's education
or youth diversion program.
    For purposes of this Section, "smoker's education program"
or "youth diversion program" includes, but is not limited to, a
seminar designed to educate a person on the physical and
psychological effects of smoking tobacco products and the
health consequences of smoking tobacco products that can be
conducted with a locality's youth diversion program.
    In addition to any other penalty that the court may impose
under this subsection (12):
        (a) If a minor violates subsection (a-7) of Section 1
    of the Prevention of Tobacco Use by Minors Act, the court
    may impose a sentence of 15 hours of community service or a
    fine of $25 for a first violation.
        (b) A second violation by a minor of subsection (a-7)
    of Section 1 of that Act that occurs within 12 months after
    the first violation is punishable by a fine of $50 and 25
    hours of community service.
        (c) A third or subsequent violation by a minor of
    subsection (a-7) of Section 1 of that Act that occurs
    within 12 months after the first violation is punishable by
    a $100 fine and 30 hours of community service.
        (d) Any second or subsequent violation not within the
    12-month time period after the first violation is
    punishable as provided for a first violation.
(Source: P.A. 97-1150, eff. 1-25-13; 98-536, eff. 8-23-13;
98-803, eff. 1-1-15.)
 
    (705 ILCS 405/5-750)
    Sec. 5-750. Commitment to the Department of Juvenile
Justice.
    (1) Except as provided in subsection (2) of this Section,
when any delinquent has been adjudged a ward of the court under
this Act, the court may commit him or her to the Department of
Juvenile Justice, if it finds that (a) his or her parents,
guardian or legal custodian are unfit or are unable, for some
reason other than financial circumstances alone, to care for,
protect, train or discipline the minor, or are unwilling to do
so, and the best interests of the minor and the public will not
be served by placement under Section 5-740, or it is necessary
to ensure the protection of the public from the consequences of
criminal activity of the delinquent; and (b) commitment to the
Department of Juvenile Justice is the least restrictive
alternative based on evidence that efforts were made to locate
less restrictive alternatives to secure confinement and the
reasons why efforts were unsuccessful in locating a less
restrictive alternative to secure confinement. Before the
court commits a minor to the Department of Juvenile Justice, it
shall make a finding that secure confinement is necessary,
following a review of the following individualized factors:
        (A) Age of the minor.
        (B) Criminal background of the minor.
        (C) Review of results of any assessments of the minor,
    including child centered assessments such as the CANS.
        (D) Educational background of the minor, indicating
    whether the minor has ever been assessed for a learning
    disability, and if so what services were provided as well
    as any disciplinary incidents at school.
        (E) Physical, mental and emotional health of the minor,
    indicating whether the minor has ever been diagnosed with a
    health issue and if so what services were provided and
    whether the minor was compliant with services.
        (F) Community based services that have been provided to
    the minor, and whether the minor was compliant with the
    services, and the reason the services were unsuccessful.
        (G) Services within the Department of Juvenile Justice
    that will meet the individualized needs of the minor.
    (1.5) Before the court commits a minor to the Department of
Juvenile Justice, the court must find reasonable efforts have
been made to prevent or eliminate the need for the minor to be
removed from the home, or reasonable efforts cannot, at this
time, for good cause, prevent or eliminate the need for
removal, and removal from home is in the best interests of the
minor, the minor's family, and the public.
    (2) When a minor of the age of at least 13 years is
adjudged delinquent for the offense of first degree murder, the
court shall declare the minor a ward of the court and order the
minor committed to the Department of Juvenile Justice until the
minor's 21st birthday, without the possibility of aftercare
release, furlough, or non-emergency authorized absence for a
period of 5 years from the date the minor was committed to the
Department of Juvenile Justice, except that the time that a
minor spent in custody for the instant offense before being
committed to the Department of Juvenile Justice shall be
considered as time credited towards that 5 year period. Upon
release from a Department facility, a minor adjudged delinquent
for first degree murder shall be placed on aftercare release
until the age of 21, unless sooner discharged from aftercare
release or custodianship is otherwise terminated in accordance
with this Act or as otherwise provided for by law. Nothing in
this subsection (2) shall preclude the State's Attorney from
seeking to prosecute a minor as an adult as an alternative to
proceeding under this Act.
    (3) Except as provided in subsection (2), the commitment of
a delinquent to the Department of Juvenile Justice shall be for
an indeterminate term which shall automatically terminate upon
the delinquent attaining the age of 21 years or upon completion
of that period for which an adult could be committed for the
same act, whichever occurs sooner, unless the delinquent is
sooner discharged from aftercare release or custodianship is
otherwise terminated in accordance with this Act or as
otherwise provided for by law.
    (3.5) Every delinquent minor committed to the Department of
Juvenile Justice under this Act shall be eligible for aftercare
release without regard to the length of time the minor has been
confined or whether the minor has served any minimum term
imposed. Aftercare release shall be administered by the
Department of Juvenile Justice, under the direction of the
Director. Unless sooner discharged, the Department of Juvenile
Justice shall discharge a minor from aftercare release upon
completion of the following aftercare release terms:
        (a) One and a half years from the date a minor is
    released from a Department facility, if the minor was
    committed for a Class X felony;
        (b) One year from the date a minor is released from a
    Department facility, if the minor was committed for a Class
    1 or 2 felony; and
        (c) Six months from the date a minor is released from a
    Department facility, if the minor was committed for a Class
    3 felony or lesser offense.
    (4) When the court commits a minor to the Department of
Juvenile Justice, it shall order him or her conveyed forthwith
to the appropriate reception station or other place designated
by the Department of Juvenile Justice, and shall appoint the
Director of Juvenile Justice legal custodian of the minor. The
clerk of the court shall issue to the Director of Juvenile
Justice a certified copy of the order, which constitutes proof
of the Director's authority. No other process need issue to
warrant the keeping of the minor.
    (5) If a minor is committed to the Department of Juvenile
Justice, the clerk of the court shall forward to the
Department:
        (a) the sentencing order disposition ordered;
        (b) all reports;
        (c) the court's statement of the basis for ordering the
    disposition; and
        (d) any sex offender evaluations;
        (e) any risk assessment or substance abuse treatment
    eligibility screening and assessment of the minor by an
    agent designated by the State to provide assessment
    services for the courts;
        (f) the number of days, if any, which the minor has
    been in custody and for which he or she is entitled to
    credit against the sentence, which information shall be
    provided to the clerk by the sheriff;
        (g) any medical or mental health records or summaries
    of the minor;
        (h) the municipality where the arrest of the minor
    occurred, the commission of the offense occurred, and the
    minor resided at the time of commission; and
        (i) all additional matters which the court directs the
    clerk to transmit.
    (6) Whenever the Department of Juvenile Justice lawfully
discharges from its custody and control a minor committed to
it, the Director of Juvenile Justice shall petition the court
for an order terminating his or her custodianship. The
custodianship shall terminate automatically 30 days after
receipt of the petition unless the court orders otherwise.
    (7) If, while on aftercare release, a minor committed to
the Department of Juvenile Justice is charged under the
criminal laws of this State with an offense that could result
in a sentence of imprisonment within the Department of
Corrections, the commitment to the Department of Juvenile
Justice and all rights and duties created by that commitment
are automatically suspended pending final disposition of the
criminal charge. If the minor is found guilty of the criminal
charge and sentenced to a term of imprisonment in the
penitentiary system of the Department of Corrections, the
commitment to the Department of Juvenile Justice shall be
automatically terminated. If the criminal charge is dismissed,
the minor is found not guilty, or the minor completes a
criminal sentence other than imprisonment within the
Department of Corrections, the previously imposed commitment
to the Department of Juvenile Justice and the full aftercare
release term shall be automatically reinstated unless
custodianship is sooner terminated. Nothing in this subsection
(7) shall preclude the court from ordering another sentence
under Section 5-710 of this Act or from terminating the
Department's custodianship while the commitment to the
Department is suspended.
(Source: P.A. 97-362, eff. 1-1-12; 98-558, eff. 1-1-14.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Sections 3-2.5-80, 3-3-5, 3-3-8, and 3-3-10 as
follows:
 
    (730 ILCS 5/3-2.5-80)
    Sec. 3-2.5-80. Supervision on Aftercare Release.
    (a) The Department shall retain custody of all youth placed
on aftercare release or released under Section 3-3-10 of this
Code. The Department shall supervise those youth during their
aftercare release period in accordance with the conditions set
by the Prisoner Review Board.
    (b) A copy of youth's conditions of aftercare release shall
be signed by the youth and given to the youth and to his or her
aftercare specialist who shall report on the youth's progress
under the rules of the Prisoner Review Board. Aftercare
specialists and supervisors shall have the full power of peace
officers in the retaking of any releasee who has allegedly
violated his or her aftercare release conditions. The aftercare
specialist may shall request the Department of Juvenile Justice
to issue a warrant for the arrest of any releasee who has
allegedly violated his or her aftercare release conditions.
    (c) The aftercare supervisor shall request the Department
of Juvenile Justice to issue an aftercare release violation
warrant, and the Department of Juvenile Justice shall issue an
aftercare release violation warrant, under the following
circumstances:
        (1) if the releasee has a subsequent delinquency
    petition filed against him or her alleging commission of
    commits an act that constitutes a felony using a firearm or
    knife;
        (2) if the releasee is required to and fails to comply
    with the requirements of the Sex Offender Registration Act;
        (3) (blank); or if the releasee is charged with:
            (A) a felony offense of domestic battery under
        Section 12-3.2 of the Criminal Code of 2012;
            (B) aggravated domestic battery under Section
        12-3.3 of the Criminal Code of 2012;
            (C) stalking under Section 12-7.3 of the Criminal
        Code of 2012;
            (D) aggravated stalking under Section 12-7.4 of
        the Criminal Code of 2012;
            (E) violation of an order of protection under
        Section 12-3.4 of the Criminal Code of 2012; or
            (F) any offense that would require registration as
        a sex offender under the Sex Offender Registration Act;
        or
        (4) if the releasee is on aftercare release for a
    murder, a Class X felony or a Class 1 felony violation of
    the Criminal Code of 2012, or any felony that requires
    registration as a sex offender under the Sex Offender
    Registration Act and a subsequent delinquency petition is
    filed against him or her alleging commission of commits an
    act that constitutes first degree murder, a Class X felony,
    a Class 1 felony, a Class 2 felony, or a Class 3 felony.
        Personnel designated by the Department of Juvenile
    Justice or another peace officer may detain an alleged
    aftercare release violator until a warrant for his or her
    return to the Department of Juvenile Justice can be issued.
    The releasee may be delivered to any secure place until he
    or she can be transported to the Department of Juvenile
    Justice. The aftercare specialist or the Department of
    Juvenile Justice shall file a violation report with notice
    of charges with the Prisoner Review Board.
    (d) The aftercare specialist shall regularly advise and
consult with the releasee and assist the youth in adjusting to
community life in accord with this Section.
    (e) If the aftercare releasee has been convicted of a sex
offense as defined in the Sex Offender Management Board Act,
the aftercare specialist shall periodically, but not less than
once a month, verify that the releasee is in compliance with
paragraph (7.6) of subsection (a) of Section 3-3-7.
    (f) The aftercare specialist shall keep those records as
the Prisoner Review Board or Department may require. All
records shall be entered in the master file of the youth.
(Source: P.A. 98-558, eff. 1-1-14.)
 
    (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)
    Sec. 3-3-5. Hearing and Determination.
    (a) The Prisoner Review Board shall meet as often as need
requires to consider the cases of persons eligible for parole
and aftercare release. Except as otherwise provided in
paragraph (2) of subsection (a) of Section 3-3-2 of this Act,
the Prisoner Review Board may meet and order its actions in
panels of 3 or more members. The action of a majority of the
panel shall be the action of the Board. In consideration of
persons committed to the Department of Juvenile Justice, the
panel shall have at least a majority of members experienced in
juvenile matters.
    (b) If the person under consideration for parole or
aftercare release is in the custody of the Department, at least
one member of the Board shall interview him or her, and a
report of that interview shall be available for the Board's
consideration. However, in the discretion of the Board, the
interview need not be conducted if a psychiatric examination
determines that the person could not meaningfully contribute to
the Board's consideration. The Board may in its discretion
parole or release on aftercare a person who is then outside the
jurisdiction on his or her record without an interview. The
Board need not hold a hearing or interview a person who is
paroled or released on aftercare under paragraphs (d) or (e) of
this Section or released on Mandatory release under Section
3-3-10.
    (c) The Board shall not parole or release a person eligible
for parole or aftercare release if it determines that:
        (1) there is a substantial risk that he or she will not
    conform to reasonable conditions of parole or aftercare
    release; or
        (2) his or her release at that time would deprecate the
    seriousness of his or her offense or promote disrespect for
    the law; or
        (3) his or her release would have a substantially
    adverse effect on institutional discipline.
    (d) A person committed under the Juvenile Court Act or the
Juvenile Court Act of 1987 who has not been sooner released
shall be released on aftercare on or before his or her 20th
birthday or upon completion of the maximum term of confinement
ordered by the court under Section 5-710 of the Juvenile Court
Act of 1987, whichever is sooner, to begin serving a period of
aftercare release under Section 3-3-8.
    (e) A person who has served the maximum term of
imprisonment imposed at the time of sentencing less time credit
for good behavior shall be released on parole to serve a period
of parole under Section 5-8-1.
    (f) The Board shall render its decision within a reasonable
time after hearing and shall state the basis therefor both in
the records of the Board and in written notice to the person on
whose application it has acted. In its decision, the Board
shall set the person's time for parole or aftercare release, or
if it denies parole or aftercare release it shall provide for a
rehearing not less frequently than once every year, except that
the Board may, after denying parole, schedule a rehearing no
later than 5 years from the date of the parole denial, if the
Board finds that it is not reasonable to expect that parole
would be granted at a hearing prior to the scheduled rehearing
date. If the Board shall parole or release a person, and, if he
or she is not released within 90 days from the effective date
of the order granting parole or aftercare release, the matter
shall be returned to the Board for review.
    (f-1) If the Board paroles or releases a person who is
eligible for commitment as a sexually violent person, the
effective date of the Board's order shall be stayed for 90 days
for the purpose of evaluation and proceedings under the
Sexually Violent Persons Commitment Act.
    (g) The Board shall maintain a registry of decisions in
which parole has been granted, which shall include the name and
case number of the prisoner, the highest charge for which the
prisoner was sentenced, the length of sentence imposed, the
date of the sentence, the date of the parole, and the basis for
the decision of the Board to grant parole and the vote of the
Board on any such decisions. The registry shall be made
available for public inspection and copying during business
hours and shall be a public record pursuant to the provisions
of the Freedom of Information Act.
    (h) The Board shall promulgate rules regarding the exercise
of its discretion under this Section.
(Source: P.A. 97-522, eff. 1-1-12; 97-1075, eff. 8-24-12;
98-558, eff. 1-1-14.)
 
    (730 ILCS 5/3-3-8)  (from Ch. 38, par. 1003-3-8)
    Sec. 3-3-8. Length of parole, aftercare release, and
mandatory supervised release; discharge.)
    (a) The length of parole for a person sentenced under the
law in effect prior to the effective date of this amendatory
Act of 1977 and the length of mandatory supervised release for
those sentenced under the law in effect on and after such
effective date shall be as set out in Section 5-8-1 unless
sooner terminated under paragraph (b) of this Section. The
aftercare release period of a juvenile committed to the
Department under the Juvenile Court Act or the Juvenile Court
Act of 1987 shall be as set out in Section 5-750 of the
Juvenile Court Act of 1987 extend until he or she is 21 years
of age unless sooner terminated under paragraph (b) of this
Section or under the Juvenile Court Act of 1987.
    (b) The Prisoner Review Board may enter an order releasing
and discharging one from parole, aftercare release, or
mandatory supervised release, and his or her commitment to the
Department, when it determines that he or she is likely to
remain at liberty without committing another offense.
    (b-1) Provided that the subject is in compliance with the
terms and conditions of his or her parole, aftercare release,
or mandatory supervised release, the Prisoner Review Board may
reduce the period of a parolee or releasee's parole, aftercare
release, or mandatory supervised release by 90 days upon the
parolee or releasee receiving a high school diploma or upon
passage of high school equivalency testing during the period of
his or her parole, aftercare release, or mandatory supervised
release. This reduction in the period of a subject's term of
parole, aftercare release, or mandatory supervised release
shall be available only to subjects who have not previously
earned a high school diploma or who have not previously passed
high school equivalency testing.
    (c) The order of discharge shall become effective upon
entry of the order of the Board. The Board shall notify the
clerk of the committing court of the order. Upon receipt of
such copy, the clerk shall make an entry on the record judgment
that the sentence or commitment has been satisfied pursuant to
the order.
    (d) Rights of the person discharged under this Section
shall be restored under Section 5-5-5. This Section is subject
to Section 5-750 of the Juvenile Court Act of 1987.
(Source: P.A. 97-531, eff. 1-1-12; 98-558, eff. 1-1-14; 98-718,
eff. 1-1-15.)
 
    (730 ILCS 5/3-3-10)  (from Ch. 38, par. 1003-3-10)
    Sec. 3-3-10. Eligibility after Revocation; Release under
Supervision.
    (a) A person whose parole, aftercare release, or mandatory
supervised release has been revoked may be reparoled or
rereleased by the Board at any time to the full parole,
aftercare release, or mandatory supervised release term under
Section 3-3-8, except that the time which the person shall
remain subject to the Board shall not exceed (1) the imposed
maximum term of imprisonment or confinement and the parole term
for those sentenced under the law in effect prior to the
effective date of this amendatory Act of 1977 or (2) the term
of imprisonment imposed by the court and the mandatory
supervised release term for those sentenced under the law in
effect on and after such effective date.
    (b) If the Board sets no earlier release date:
        (1) A person sentenced for any violation of law which
    occurred before January 1, 1973, shall be released under
    supervision 6 months prior to the expiration of his or her
    maximum sentence of imprisonment less good time credit
    under Section 3-6-3.
        (2) Any person who has violated the conditions of his
    or her parole or aftercare release and been reconfined
    under Section 3-3-9 shall be released under supervision 6
    months prior to the expiration of the term of his or her
    reconfinement under paragraph (a) of Section 3-3-9 less
    good time credit under Section 3-6-3. This paragraph shall
    not apply to persons serving terms of mandatory supervised
    release or aftercare release.
        (3) Nothing herein shall require the release of a
    person who has violated his or her parole within 6 months
    of the date when his or her release under this Section
    would otherwise be mandatory.
    (c) Persons released under this Section shall be subject to
Sections 3-3-6, 3-3-7, 3-3-9, 3-14-1, 3-14-2, 3-14-2.5,
3-14-3, and 3-14-4.
(Source: P.A. 98-558, eff. 1-1-14.)