Public Act 095-0082
 
HB0855 Enrolled LRB095 03681 RLC 23708 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 Unified Code of Corrections is amended by
changing Section 3-3-9 as follows:
 
    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)
    Sec. 3-3-9. Violations; changes of conditions; preliminary
hearing; revocation of parole or mandatory supervised release;
revocation hearing.
    (a) If prior to expiration or termination of the term of
parole or mandatory supervised release, a person violates a
condition set by the Prisoner Review Board or a condition of
parole or mandatory supervised release under Section 3-3-7 of
this Code to govern that term, the Board may:
        (1) continue the existing term, with or without
    modifying or enlarging the conditions; or
        (2) parole or release the person to a half-way house;
    or
        (3) revoke the parole or mandatory supervised release
    and reconfine the person for a term computed in the
    following manner:
            (i) (A) For those sentenced under the law in effect
        prior to this amendatory Act of 1977, the recommitment
        shall be for any portion of the imposed maximum term of
        imprisonment or confinement which had not been served
        at the time of parole and the parole term, less the
        time elapsed between the parole of the person and the
        commission of the violation for which parole was
        revoked;
            (B) Except as set forth in paragraph (C), for those
        subject to mandatory supervised release under
        paragraph (d) of Section 5-8-1 of this Code, the
        recommitment shall be for the total mandatory
        supervised release term, less the time elapsed between
        the release of the person and the commission of the
        violation for which mandatory supervised release is
        revoked. The Board may also order that a prisoner serve
        up to one year of the sentence imposed by the court
        which was not served due to the accumulation of good
        conduct credit;
            (C) For those subject to sex offender supervision
        under clause (d)(4) of Section 5-8-1 of this Code, the
        reconfinement period for violations of clauses (a)(3)
        through (b-1)(15) of Section 3-3-7 shall not exceed 2
        years from the date of reconfinement.
            (ii) the person shall be given credit against the
        term of reimprisonment or reconfinement for time spent
        in custody since he was paroled or released which has
        not been credited against another sentence or period of
        confinement;
            (iii) persons committed under the Juvenile Court
        Act or the Juvenile Court Act of 1987 shall be
        recommitted until the age of 21;
            (iv) this Section is subject to the release under
        supervision and the reparole and rerelease provisions
        of Section 3-3-10.
    (b) The Board may revoke parole or mandatory supervised
release for violation of a condition for the duration of the
term and for any further period which is reasonably necessary
for the adjudication of matters arising before its expiration.
The issuance of a warrant of arrest for an alleged violation of
the conditions of parole or mandatory supervised release shall
toll the running of the term until the final determination of
the charge. When , but where parole or mandatory supervised
release is not revoked that period shall be credited to the
term, unless a community-based sanction is imposed as an
alternative to revocation and reincarceration, including a
diversion established by the Illinois Department of
Corrections Parole Services Unit prior to the holding of a
preliminary parole revocation hearing. Parolees who are
diverted to a community-based sanction shall serve the entire
term of parole or mandatory supervised release, if otherwise
appropriate.
    (b-5) The Board shall revoke parole or mandatory supervised
release for violation of the conditions prescribed in paragraph
(7.6) of subsection (a) of Section 3-3-7.
    (c) A person charged with violating a condition of parole
or mandatory supervised release shall have a preliminary
hearing before a hearing officer designated by the Board to
determine if there is cause to hold the person for a revocation
hearing. However, no preliminary hearing need be held when
revocation is based upon new criminal charges and a court finds
probable cause on the new criminal charges or when the
revocation is based upon a new criminal conviction and a
certified copy of that conviction is available.
    (d) Parole or mandatory supervised release shall not be
revoked without written notice to the offender setting forth
the violation of parole or mandatory supervised release charged
against him.
    (e) A hearing on revocation shall be conducted before at
least one member of the Prisoner Review Board. The 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 member hearing the matter and at least
a majority of the panel shall be experienced in juvenile
matters. A record of the hearing shall be made. At the hearing
the offender shall be permitted to:
        (1) appear and answer the charge; and
        (2) bring witnesses on his behalf.
    (f) The Board shall either revoke parole or mandatory
supervised release or order the person's term continued with or
without modification or enlargement of the conditions.
    (g) Parole or mandatory supervised release shall not be
revoked for failure to make payments under the conditions of
parole or release unless the Board determines that such failure
is due to the offender's willful refusal to pay.
(Source: P.A. 94-161, eff. 7-11-05; 94-165, eff. 7-11-05;
94-696, eff. 6-1-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2007