Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
CORRECTIONS
(730 ILCS 5/) Unified Code of Corrections.
730 ILCS 5/3-3-9
(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
|
|
(1.5) for those released as a result of youthful
|
| offender parole as set forth in Section 5-4.5-115 of this Code, order that the inmate be subsequently rereleased to serve a specified mandatory supervised release term not to exceed the full term permitted under the provisions of Section 5-4.5-115 and subsection (d) of Section 5-8-1 of this Code and may modify or enlarge the conditions of the release as the Board deems proper; or
|
|
(2) parole or release the person to a half-way house;
|
|
(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 paragraphs (C) and
|
| (D), 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 sentence 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;
|
|
(D) For those released as a result of youthful
|
| offender parole as set forth in Section 5-4.5-115 of this Code, the reconfinement period 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 mandatory supervised release term previously earned. The Board may also order that the inmate be subsequently rereleased to serve a specified mandatory supervised release term not to exceed the full term permitted under the provisions of Section 5-4.5-115 and subsection (d) of Section 5-8-1 of this Code and may modify or enlarge the conditions of the release as the Board deems proper;
|
|
(ii) the person shall be given credit against the
|
| term of reimprisonment or reconfinement for time spent in custody since he or she was paroled or released which has not been credited against another sentence or period of confinement;
|
|
(iii) (blank);
(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
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 or her.
(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. 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 or her 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. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)
|
(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 or mandatory supervised release
has been revoked may be reparoled or rereleased by the
Board at any time to the full parole 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 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.
|
|
(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.
(d) This Section shall not apply to a juvenile committed to the Department of Juvenile Justice under the Juvenile Court Act of 1987 serving terms of aftercare release.
(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; 99-628, eff. 1-1-17 .)
|
(730 ILCS 5/3-3-11.05)
Sec. 3-3-11.05. State Council for Interstate Compacts for the State of Illinois.
(a) Membership and appointing authority.
(1) A State Compact Administrator for the Interstate |
| Compact for Adult Offender Supervision shall be appointed by the Governor. The Adult Offender Supervision Compact Administrator shall be a representative of the Illinois Department of Corrections and shall act as the day-to-day administrator for the Interstate Compact for Adult Offender Supervision. The State Compact Administrator shall serve as the State's Commissioner to the Interstate Commission for Adult Offenders, as provided in Article IV of the Compact. The Adult Offender Supervision Compact Administrator shall serve as Chairperson of the State Council for Interstate Compacts, except that the State Compact Administrator for the Interstate Compact for Juveniles may be designated by the State Council to serve as Chairperson for the State Council when juvenile issues come before the council.
|
|
(2) A Deputy Compact Administrator from probation
|
| shall be appointed by the Supreme Court.
|
|
(3) A representative shall be appointed by the
|
| Speaker of the House of Representatives.
|
|
(4) A representative shall be appointed by the
|
| Minority Leader of the House of Representatives.
|
|
(5) A representative shall be appointed by the
|
|
(6) A representative shall be appointed by the
|
| Minority Leader of the Senate.
|
|
(7) A judicial representative shall be appointed by
|
|
(8) A representative from a crime victims' advocacy
|
| group shall be appointed by the Governor.
|
|
(9) A parole representative shall be appointed by the
|
|
(10) A probation representative shall be appointed by
|
| the Director of the Administrative Office of the Illinois Courts.
|
|
(11) A representative shall be appointed by the
|
| Director of Juvenile Justice.
|
|
(12) The Deputy Compact Administrator (Juvenile)
|
| appointed by the Secretary of Human Services.
|
|
(13) The State Compact Administrator of the
|
| Interstate Compact for Juveniles.
|
|
(14) The persons appointed under clauses (1) through
|
| (13) of this subsection (a) shall be voting members of the State Council. With the approval of the State Council, persons representing other organizations that may have an interest in the Compact may also be appointed to serve as non-voting members of the State Council by those interested organizations. Those organizations may include, but are not limited to, the Illinois Sheriffs' Association, the Illinois Association of Chiefs of Police, the Illinois State's Attorneys Association, and the Office of Attorney General.
|
|
(b) Terms of appointment.
(1) The Compact Administrators and the Deputy
|
| Compact Administrators shall serve at the will of their respective appointing authorities.
|
|
(2) The crime victims' advocacy group representative
|
| and the judicial representative shall each serve an initial term of 2 years. Thereafter, they shall each serve for a term of 4 years.
|
|
(3) The representatives appointed by the Speaker of
|
| the House of Representatives, the President of the Senate, the Minority Leader of the House of Representatives, and the Minority Leader of the Senate shall each serve for a term of 4 years. If one of these representatives shall not be able to fulfill the completion of his or her term, then another representative shall be appointed by his or her respective appointing authority for the remainder of his or her term.
|
|
(4) The probation representative and the parole
|
| representative shall each serve a term of 2 years.
|
|
(5) The time frame limiting the initial term of
|
| appointments for voting representatives listed in clauses (2) through (4) of this subsection (b) shall not begin until more than 50% of the appointments have been made by the respective appointing authorities.
|
|
(c) Duties and responsibilities.
(1) The duties and responsibilities of the State
|
|
(A) To appoint the State Compact Administrator as
|
| Illinois' Commissioner on the Interstate Commission.
|
|
(B) To develop by-laws for the operation of the
|
|
(C) To establish policies and procedures for the
|
| Interstate Compact operations in Illinois.
|
|
(D) To monitor and remediate Compact compliance
|
|
(E) To promote system training and public
|
| awareness regarding the Compact's mission and mandates.
|
|
(F) To meet at least twice a year and otherwise
|
| as called by the Chairperson.
|
|
(G) To allow for the appointment of non-voting
|
| members as deemed appropriate.
|
|
(H) To issue rules in accordance with Article 5
|
| of the Illinois Administrative Procedure Act.
|
|
(I) To publish Interstate Commission rules.
(d) Funding. The State shall appropriate funds to the Department of
Corrections to
support the operations of the State Council and its membership dues to the
Interstate
Commission.
(e) Penalties. Procedures for assessment of penalties imposed pursuant to
Article
XII of the Compact shall be established by the State Council.
(f) Notification of ratification of Compact. The State Compact
Administrator
shall notify the Governor and Secretary of State when 35 States have enacted
the Compact.
(Source: P.A. 95-937, eff. 8-26-08.)
|