093_SB0125

 
                                     LRB093 06586 RLC 06716 b

 1        AN ACT in relation to 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
 5    by  changing  Sections 3-3-2 and 5-5-5 and adding Article 5.5
 6    to Chapter V as follows:

 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
10    term  "Parole  and  Pardon  Board"  as  used  in  any  law of
11    Illinois, shall  read  "Prisoner  Review  Board."  After  the
12    effective  date  of this amendatory Act of 1977, the Prisoner
13    Review Board shall provide by rule for the orderly transition
14    of all files, records, and documents of the Parole and Pardon
15    Board and for such other steps as may be necessary to  effect
16    an orderly transition and shall:
17             (1)  hear by at least one member and through a panel
18        of at least 3 members decide, cases of prisoners who were
19        sentenced  under the law in effect prior to the effective
20        date of this amendatory Act of 1977, and who are eligible
21        for parole;
22             (2)  hear by at least one member and through a panel
23        of at least 3 members decide, the  conditions  of  parole
24        and  the  time of discharge from parole, impose sanctions
25        for violations of parole, and  revoke  parole  for  those
26        sentenced   under   the  law  in  effect  prior  to  this
27        amendatory Act of 1977; provided  that  the  decision  to
28        parole and the conditions of parole for all prisoners who
29        were  sentenced for first degree murder or who received a
30        minimum sentence of 20 years or more  under  the  law  in
31        effect prior to February 1, 1978 shall be determined by a
 
                            -2-      LRB093 06586 RLC 06716 b
 1        majority vote of the Prisoner Review Board;
 2             (3)  hear by at least one member and through a panel
 3        of at least 3 members decide, the conditions of mandatory
 4        supervised   release  and  the  time  of  discharge  from
 5        mandatory  supervised  release,  impose   sanctions   for
 6        violations  of  mandatory  supervised release, and revoke
 7        mandatory supervised release for  those  sentenced  under
 8        the  law  in  effect  after  the  effective  date of this
 9        amendatory Act of 1977;
10             (4)  hear by at least 1 member and through  a  panel
11        of  at  least  3  members,  decide  cases  brought by the
12        Department of  Corrections  against  a  prisoner  in  the
13        custody  of  the  Department  for  alleged  violation  of
14        Department  rules  with  respect  to good conduct credits
15        pursuant to Section 3-6-3  of  this  Code  in  which  the
16        Department  seeks  to revoke good conduct credits, if the
17        amount of time at issue exceeds 30 days or  when,  during
18        any  12  month  period,  the  cumulative amount of credit
19        revoked exceeds 30 days except where  the  infraction  is
20        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 good conduct  credit.  The  Board
23        may  subsequently  approve  the  revocation of additional
24        good conduct credit, if the Department  seeks  to  revoke
25        good  conduct  credit  in excess of thirty days. However,
26        the  Board  shall  not  be  empowered   to   review   the
27        Department's decision with respect to the loss of 30 days
28        of  good  conduct  credit for any prisoner or to increase
29        any  penalty  beyond  the   length   requested   by   the
30        Department;
31             (5)  hear by at least one member and through a panel
32        of  at  least  3  members  decide,  the release dates for
33        certain prisoners sentenced under the  law  in  existence
34        prior  to  the  effective  date of this amendatory Act of
 
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 1        1977, in accordance with Section 3-3-2.1 of this Code;
 2             (6)  hear by at least one member and through a panel
 3        of at least 3 members decide, all  requests  for  pardon,
 4        reprieve    or   commutation,   and   make   confidential
 5        recommendations to the Governor;
 6             (7)  comply with the requirements of the Open Parole
 7        Hearings Act; and
 8             (8)  hear by at least  one  member  and,  through  a
 9        panel  of at least 3 members, decide cases brought by the
10        Department of  Corrections  against  a  prisoner  in  the
11        custody  of  the  Department  for  court  dismissal  of a
12        frivolous lawsuit pursuant to Section  3-6-3(d)  of  this
13        Code  in  which  the Department seeks to revoke up to 180
14        days of good conduct credit, and if the prisoner has  not
15        accumulated  180  days of good conduct credit at the time
16        of  the  dismissal,  then   all   good   conduct   credit
17        accumulated by the prisoner shall be revoked; and.
18             (9)  hear by at least 3 members, and through a panel
19        of  at  least  3  members,  decide as to whether to grant
20        certificates of relief from disabilities or  certificates
21        of good conduct as provided in Article 5.5 of Chapter V.
22        (a-5)  The Prisoner Review Board, with the cooperation of
23    and  in  coordination  with the Department of Corrections and
24    the  Department  of  Central   Management   Services,   shall
25    implement  a  pilot  project  in  3 correctional institutions
26    providing for the conduct of hearings  under  paragraphs  (1)
27    and (4) of subsection (a) of this Section through interactive
28    video conferences.  The project shall be implemented within 6
29    months  after  the  effective  date of this amendatory Act of
30    1996.  Within 6 months after the implementation of the  pilot
31    project,  the  Prisoner Review Board, with the cooperation of
32    and in coordination with the Department  of  Corrections  and
33    the  Department  of Central Management Services, shall report
34    to the Governor and the General Assembly regarding  the  use,
 
                            -4-      LRB093 06586 RLC 06716 b
 1    costs,  effectiveness,  and  future  viability of interactive
 2    video conferences for Prisoner Review Board hearings.
 3        (b)  Upon recommendation of the Department the Board  may
 4    restore good conduct credit previously revoked.
 5        (c)  The  Board  shall  cooperate  with the Department in
 6    promoting  an  effective  system  of  parole  and   mandatory
 7    supervised release.
 8        (d)  The  Board shall promulgate rules for the conduct of
 9    its work, and the Chairman shall file a copy  of  such  rules
10    and  any  amendments  thereto  with the Director and with the
11    Secretary of State.
12        (e)  The Board shall keep records of all of its  official
13    actions and shall make them accessible in accordance with law
14    and the rules of the Board.
15        (f)  The  Board  or  one  who  has allegedly violated the
16    conditions of his parole or mandatory supervised release  may
17    require by subpoena the attendance and testimony of witnesses
18    and  the  production  of documentary evidence relating to any
19    matter under investigation or hearing. The  Chairman  of  the
20    Board  may  sign subpoenas which shall be served by any agent
21    or public official authorized by the Chairman of  the  Board,
22    or  by  any  person  lawfully  authorized to serve a subpoena
23    under the laws of the State of Illinois.  The  attendance  of
24    witnesses, and the production of documentary evidence, may be
25    required from any place in the State to a hearing location in
26    the  State before the Chairman of the Board or his designated
27    agent  or  agents  or  any  duly  constituted  Committee   or
28    Subcommittee  of  the  Board.  Witnesses so summoned shall be
29    paid the same fees and mileage that are paid witnesses in the
30    circuit courts of the State, and witnesses whose  depositions
31    are  taken  and the persons taking those depositions are each
32    entitled to the same fees as are paid for  like  services  in
33    actions  in the circuit courts of the State. Fees and mileage
34    shall be vouchered for payment when the witness is discharged
 
                            -5-      LRB093 06586 RLC 06716 b
 1    from further attendance.
 2        In case of disobedience to  a  subpoena,  the  Board  may
 3    petition  any  circuit  court  of  the  State  for  an  order
 4    requiring  the  attendance  and testimony of witnesses or the
 5    production of documentary evidence or both. A  copy  of  such
 6    petition shall be served by personal service or by registered
 7    or  certified mail upon the person who has failed to obey the
 8    subpoena, and such person shall be advised in writing that  a
 9    hearing  upon  the petition will be requested in a court room
10    to be designated in such  notice  before  the  judge  hearing
11    motions  or  extraordinary remedies at a specified time, on a
12    specified date, not less than 10 nor more than 15 days  after
13    the deposit of the copy of the written notice and petition in
14    the  U.S.  mails  addressed  to  the person at his last known
15    address or after the personal service  of  the  copy  of  the
16    notice  and  petition  upon  such  person. The court upon the
17    filing of such a petition, may order the person  refusing  to
18    obey  the  subpoena to appear at an investigation or hearing,
19    or to there produce documentary evidence, if so  ordered,  or
20    to  give  evidence  relative  to  the  subject matter of that
21    investigation or hearing. Any failure to obey such  order  of
22    the circuit court may be punished by that court as a contempt
23    of court.
24        Each   member  of  the  Board  and  any  hearing  officer
25    designated by the Board shall have the  power  to  administer
26    oaths and to take the testimony of persons under oath.
27        (g)  Except  under  subsection  (a)  of  this  Section, a
28    majority of the members then appointed to the Prisoner Review
29    Board shall constitute a quorum for the  transaction  of  all
30    business of the Board.
31        (h)  The Prisoner Review Board shall annually transmit to
32    the  Director a detailed report of its work for the preceding
33    calendar year. The annual report shall also be transmitted to
34    the Governor for submission to the Legislature.
 
                            -6-      LRB093 06586 RLC 06716 b
 1    (Source:  P.A.  90-14,  eff.  7-1-97;  91-798,  eff.  7-9-00;
 2    91-946, eff. 2-9-01.)

 3        (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
 4        Sec. 5-5-5. Loss and Restoration of Rights.
 5        (a) Conviction and disposition shall not entail the  loss
 6    by  the  defendant  of  any  civil  rights, except under this
 7    Section and Sections 29-6 and 29-10 of The Election Code,  as
 8    now or hereafter amended.
 9        (b)  A  person  convicted of a felony shall be ineligible
10    to hold an office created by the Constitution of  this  State
11    until the completion of his sentence.
12        (c)  A  person  sentenced  to imprisonment shall lose his
13    right to vote until released from imprisonment.
14        (d)  On completion of sentence of  imprisonment  or  upon
15    discharge  from  probation, conditional discharge or periodic
16    imprisonment, or at any time thereafter, all  license  rights
17    and  privileges  granted  under  the  authority of this State
18    which have been revoked or suspended because of conviction of
19    an offense shall be  restored  unless  the  authority  having
20    jurisdiction of such license rights finds after investigation
21    and  hearing  that restoration is not in the public interest.
22    This paragraph (d) shall  not  apply  to  the  suspension  or
23    revocation  of a license to operate a motor vehicle under the
24    Illinois Vehicle Code.
25        (e)  Upon a  person's  discharge  from  incarceration  or
26    parole, or upon a person's discharge from probation or at any
27    time  thereafter,  the  committing  court  may enter an order
28    certifying  that  the  sentence   has   been   satisfactorily
29    completed  when  the  court  believes  it would assist in the
30    rehabilitation of the  person  and  be  consistent  with  the
31    public  welfare. Such order may be entered upon the motion of
32    the defendant or the State or upon the court's own motion.
33        (f)  Upon entry of the order, the court  shall  issue  to
 
                            -7-      LRB093 06586 RLC 06716 b
 1    the  person  in  whose  favor  the  order  has been entered a
 2    certificate stating that his behavior  after  conviction  has
 3    warranted the issuance of the order.
 4        (g)  This  Section  shall  not  affect  the  right  of  a
 5    defendant to collaterally attack his conviction or to rely on
 6    it in bar of subsequent proceedings for the same offense.
 7        (h)  Relief  from forfeitures and disabilities imposed by
 8    law may also be granted under Article 5.5 of this Chapter V.
 9    (Source: P.A. 86-558.)

10        (730 ILCS 5/Chap. V, Art. 5.5 heading new)
11        ARTICLE 5.5. DISCRETIONARY RELIEF  FROM  FORFEITURES  AND
12    DISABILITIES AUTOMATICALLY IMPOSED BY LAW

13        (730 ILCS 5/5-5.5-5 new)
14        Sec.  5-5.5-5.  Definitions and rules of construction. In
15    this Article:
16        "Eligible offender" shall mean  a  person  who  has  been
17    convicted  of  a crime or of an offense, but who has not been
18    convicted more than once of a felony.
19        "Felony" means a conviction of a felony in this State, or
20    of an offense in any other jurisdiction for which a  sentence
21    to  a  term  of  imprisonment  in  excess  of  one year, or a
22    sentence of death, was authorized.
23        For the purposes of this Article the following  rules  of
24    construction apply:
25             (i)  two  or more convictions of felonies charged in
26        separate counts of one indictment or information shall be
27        deemed to be one conviction;
28             (ii)  two or more convictions of felonies charged in
29        2 or more indictments or informations, filed in the  same
30        court prior to entry of judgment under any of them, shall
31        be deemed to be one conviction; and
32             (iii)  a  plea  or  a verdict of guilty upon which a
 
                            -8-      LRB093 06586 RLC 06716 b
 1        sentence  of   probation,   conditional   discharge,   or
 2        supervision  has  been  imposed  shall  be deemed to be a
 3        conviction.

 4        (730 ILCS 5/5-5.5-10 new)
 5        Sec. 5-5.5-10. Certificate of relief from disabilities.
 6        (a) A certificate of  relief  from  disabilities  may  be
 7    granted  as  provided  in this Article to relieve an eligible
 8    offender of any forfeiture or disability, or  to  remove  any
 9    bar to his or her employment, automatically imposed by law by
10    reason  of  his  or  her  conviction  of  the crime or of the
11    offense specified in the certificate. The certificate may  be
12    limited  to one or more enumerated forfeitures, disabilities,
13    or  bars,  or  may  relieve  the  eligible  offender  of  all
14    forfeitures, disabilities, and  bars.  No  certificate  shall
15    apply,  or  be  construed so as to apply, to the right of the
16    person to retain or to be eligible for public office.
17        (b) Notwithstanding any other provision of law, except as
18    otherwise provided in clauses (1) and (2) of this  subsection
19    (b),  a conviction of a crime or of an offense specified in a
20    certificate  of  relief  from  disabilities  does  not  cause
21    automatic forfeiture of any license, permit,  employment,  or
22    franchise,  including the right to register for or vote at an
23    election, or automatic  forfeiture  of  any  other  right  or
24    privilege,  held  by the eligible offender and covered by the
25    certificate. The  conviction  may  not  be  deemed  to  be  a
26    conviction  within  the  meaning of any provision of law that
27    imposes, by reason of a conviction, a bar to any  employment,
28    a  disability  to exercise any right or a disability to apply
29    for or to receive any license, permit, or other authority  or
30    privilege,  covered  by the certificate; provided, however, a
31    conviction for a second or subsequent  violation  of  Section
32    11-501  of  the  Illinois  Vehicle  Code committed within the
33    preceding 10 years shall impose a disability to apply for  or
 
                            -9-      LRB093 06586 RLC 06716 b
 1    receive  a  driver's  license  or  permit  during  the period
 2    provided in  that  Code.  A  certificate  of  relief  from  a
 3    disability  imposed  under  Section  11-501  of  the Illinois
 4    Vehicle Code may only be issued  upon  a  determination  that
 5    compelling circumstances warrant that relief.
 6        (c)  A  certificate of relief from disabilities does not,
 7    however, in any way  prevent  any  judicial,  administrative,
 8    licensing,  or  other  body, board, or authority from relying
 9    upon the conviction specified in the certificate as the basis
10    for the exercise  of  its  discretionary  power  to  suspend,
11    revoke,  or  refuse  to issue or refuse to renew any license,
12    permit, or other authority or privilege.

13        (730 ILCS 5/5-5.5-15 new)
14        Sec. 5-5.5-15. Certificates of relief  from  disabilities
15    issued by courts.
16        (a)  Any   circuit  court  of  this  State  may,  in  its
17    discretion, issue a certificate of relief  from  disabilities
18    to  an  eligible  offender  for a conviction that occurred in
19    that court, if the court imposed a sentence  other  than  one
20    executed by commitment to an institution under the Department
21    of Corrections. The certificate may be issued (i) at the time
22    sentence  is  pronounced,  in  which case it may grant relief
23    from forfeitures as well as from disabilities, or (ii) at any
24    time thereafter,  in  which  case  it  shall  apply  only  to
25    disabilities.
26        (b)  The  certificate  may  not  be  issued  by the court
27    unless the court is satisfied that:
28             (1)  the person to whom it is to be  granted  is  an
29        eligible offender, as defined in Section 5-5.5-5;
30             (2)  the  relief to be granted by the certificate is
31        consistent  with  the  rehabilitation  of  the   eligible
32        offender; and
33             (3)  the  relief to be granted by the certificate is
 
                            -10-     LRB093 06586 RLC 06716 b
 1        consistent with the public interest.
 2        (c) If a certificate of relief from disabilities  is  not
 3    issued  at  the  time sentence is pronounced it shall only be
 4    issued thereafter upon verified application to the court. The
 5    court  may,  for  the  purpose  of  determining  whether  the
 6    certificate shall be issued, request the probation  or  court
 7    services  department  to  conduct  an  investigation  of  the
 8    applicant.   Any  probation  officer  requested  to  make  an
 9    investigation under this Section shall prepare and submit  to
10    the court a written report in accordance with the request.
11        (d)  Any  court  that  has issued a certificate of relief
12    from disabilities may at any time issue a new certificate  to
13    enlarge  the  relief  previously  granted, provided, that the
14    provisions of clauses (1) through (3) of  subsection  (b)  of
15    this   Section   apply  to  the  issuance  of  any  such  new
16    certificate.
17        (e)  Any written report submitted to the court under this
18    Section is confidential and may not be made available to  any
19    person  or  public  or  private agency except if specifically
20    required  or  permitted   by   statute   or   upon   specific
21    authorization  of  the  court.  However,  it  shall  be  made
22    available  by  the  court  for examination by the applicant's
23    attorney, or the applicant himself or herself, if he  or  she
24    has no attorney. In its discretion, the court may except from
25    disclosure  a  part  or  parts  of  the  report  that are not
26    relevant to the granting of  a  certificate,  or  sources  of
27    information   which  have  been  obtained  on  a  promise  of
28    confidentiality,  or  any  other  portion  of   the   report,
29    disclosure  of which would not be in the interest of justice.
30    The action of the court excepting information from disclosure
31    shall be subject to  appellate  review.  The  court,  in  its
32    discretion,  may  hold  a  conference  in  open  court  or in
33    chambers to afford an applicant an opportunity to  controvert
34    or  to comment upon any portions of the report. The court may
 
                            -11-     LRB093 06586 RLC 06716 b
 1    also conduct a summary  hearing  at  the  conference  on  any
 2    matter  relevant  to  the granting of the application and may
 3    take testimony under oath.

 4        (730 ILCS 5/5-5.5-20 new)
 5        Sec. 5-5.5-20. Certificates of relief  from  disabilities
 6    issued by the Prisoner Review Board.
 7        (a)  The  Prisoner  Review  Board shall have the power to
 8    issue a certificate of relief from disabilities to:
 9             (1)   any eligible offender who has  been  committed
10        to   an   institution   under  the  jurisdiction  of  the
11        Department of Corrections. The certificate may be  issued
12        by  the  Board  at the time the offender is released from
13        the  institution  under  the  conditions  of  parole   or
14        mandatory  supervised  release or at any time thereafter;
15        or
16             (2)  any eligible offender who resides  within  this
17        State  and whose judgment of conviction was rendered by a
18        court in any other jurisdiction.
19        (b) If the Prisoner Review Board has issued a certificate
20    of relief from disabilities, the Board may at any time  issue
21    a new certificate enlarging the relief previously granted.
22        (c)  The   Prisoner   Review  Board  may  not  issue  any
23    certificate of relief from disabilities under subsections (a)
24    or (b), unless the Board is satisfied that:
25             (1)  the person to whom it is to be  granted  is  an
26        eligible offender, as defined in Section 5-5.5-5;
27             (2)  the  relief to be granted by the certificate is
28        consistent  with  the  rehabilitation  of  the   eligible
29        offender; and
30             (3)  the  relief to be granted by the certificate is
31        consistent with the public interest.
32        (d)  Any certificate of relief from  disabilities  issued
33    by  the Prisoner Review Board to an eligible offender, who at
 
                            -12-     LRB093 06586 RLC 06716 b
 1    time  of  the  issuance  of  the  certificate  is  under  the
 2    conditions  of  parole  or   mandatory   supervised   release
 3    established  by  the Board, shall be deemed to be a temporary
 4    certificate until such  time  as  the  eligible  offender  is
 5    discharged  from parole or mandatory supervised release, and,
 6    while temporary, the certificate may be revoked by the  Board
 7    for  violation  of  the  conditions  of  parole  or mandatory
 8    supervised release. Revocation shall be upon  notice  to  the
 9    parolee  or releasee, who shall be accorded an opportunity to
10    explain the violation prior to a decision on  the  revocation
11    of  the certificate. If the certificate is not so revoked, it
12    shall become  a  permanent  certificate  upon  expiration  or
13    termination  of the offender's parole or mandatory supervised
14    release term.
15        (e) In granting or revoking a certificate of relief  from
16    disabilities the action of the Prisoner Review Board shall be
17    by  unanimous  vote  of  the  members  authorized to grant or
18    revoke parole or her  conviction  of  the  crime  or  of  the
19    offense  specified in the certificate. The certificate may be
20    limited to one or more enumerated disabilities  or  bars,  or
21    may relieve the individual of all disabilities and bars.

22        (730 ILCS 5/5-5.5-25 new)
23        Sec. 5-5.5-25. Certificate of good conduct.
24        (a)  A  certificate  of  good  conduct  may be granted as
25    provided in this Section to  relieve  an  individual  of  any
26    disability,  or  to  remove any bar to his or her employment,
27    automatically  imposed  by  law  by  reason  of  his  or  her
28    conviction of the crime or of the offense  specified  in  the
29    certificate.  The  certificate  may be limited to one or more
30    enumerated  disabilities  or  bars,  or   may   relieve   the
31    individual of all disabilities and bars.
32        (b)  Notwithstanding   any  other  provision  of  law,  a
33    conviction of a  crime  or  of  an  offense  specified  in  a
 
                            -13-     LRB093 06586 RLC 06716 b
 1    certificate  of  good  conduct  may  not  be  deemed  to be a
 2    conviction within the meaning of any provision  of  law  that
 3    imposes,  by reason of a conviction, a bar to any employment,
 4    a disability to exercise any right or a disability  to  apply
 5    for  or  to receive any license, permit or other authority or
 6    privilege, covered by the certificate.
 7        (c)  A certificate of good conduct may not,  however,  in
 8    any  way  prevent  any judicial administrative, licensing, or
 9    other  body,  board,  or  authority  from   considering   the
10    conviction  specified  in  the certificate in accordance with
11    the provisions of this Article.

12        (730 ILCS 5/5-5.5-30 new)
13        Sec. 5-5.5-30. Issuance of certificate of good conduct.
14        (a)  The Prisoner Review Board, or any 3 members  of  the
15    Board  by  unanimous  vote,  shall  have the power to issue a
16    certificate  of  good  conduct  to  any   person   previously
17    convicted  of  a  crime  in  this  State,  when  the Board is
18    satisfied that:
19             (1)  the applicant has conducted himself or  herself
20        in  a manner warranting the issuance for a minimum period
21        in accordance with the provisions of  subsection  (c)  of
22        this Section;
23             (2)  the  relief to be granted by the certificate is
24        consistent with the rehabilitation of the applicant; and
25             (3)  the relief to be granted is consistent with the
26        public interest.
27        (b)  The Prisoner Review Board, or any 3 members  of  the
28    Board  by  unanimous  vote,  shall  have the power to issue a
29    certificate  of  good  conduct  to  any   person   previously
30    convicted  of  a  crime  in  any other jurisdiction, when the
31    Board is satisfied that:
32             (1)  the applicant has demonstrated that there exist
33        specific facts and circumstances, and  specific  Sections
 
                            -14-     LRB093 06586 RLC 06716 b
 1        of  Illinois State law that have an adverse impact on the
 2        applicant and warrant the application for  relief  to  be
 3        made in Illinois; and
 4             (2)  the  provisions of paragraphs (1), (2), and (3)
 5        of subsection (a) of this Section have been met.
 6        (c)  The minimum period of good conduct by the individual
 7    referred to in  paragraph  (1)  of  subsection  (a)  of  this
 8    Section,  shall  be  as follows: if the most serious crime of
 9    which the individual was  convicted  is  a  misdemeanor,  the
10    minimum period of good conduct shall be one year; if the most
11    serious  crime  of  which  the  individual was convicted is a
12    Class 1, 2, 3, or  4  felony,  the  minimum  period  of  good
13    conduct  shall  be 3 years; and, if the most serious crime of
14    which the individual was convicted is first degree murder  or
15    a Class X felony, the minimum period of good conduct shall be
16    5  years.  Criminal acts committed outside the State shall be
17    classified as acts committed within the State  based  on  the
18    maximum  sentence that could have been imposed based upon the
19    conviction under the laws of the  foreign  jurisdiction.  The
20    minimum  period  of  good  conduct by the individual shall be
21    measured either from the date of  the  payment  of  any  fine
22    imposed  upon  him  or  her,  or  from the date of his or her
23    release from custody by parole, mandatory supervised  release
24    or  commutation  or  termination  of his or her sentence. The
25    Board  shall  have  power  and  it  shall  be  its  duty   to
26    investigate  all  persons when the application is made and to
27    grant or deny the same within a  reasonable  time  after  the
28    making of the application.
29        (d) If the Prisoner Review Board has issued a certificate
30    of  good  conduct,  the  Board  may  at  any time issue a new
31    certificate enlarging the relief previously granted.
32        (e) Any certificate  of  good  conduct  by  the  Prisoner
33    Review Board to an individual who at the time of the issuance
34    of  the  certificate  is  under  the  conditions of parole or
 
                            -15-     LRB093 06586 RLC 06716 b
 1    mandatory supervised release imposed by the Board,  shall  be
 2    deemed  to  be  a temporary certificate until the time as the
 3    individual  is  discharged  from  the  terms  of  parole   or
 4    mandatory  supervised  release,  and,  while  temporary,  the
 5    certificate  may be revoked by the Board for violation of the
 6    conditions  of  parole  or  mandatory   supervised   release.
 7    Revocation  shall  be upon notice to the parolee or releasee,
 8    who shall be accorded an opportunity to explain the violation
 9    prior to a decision on the revocation. If the certificate  is
10    not  so revoked, it shall become a permanent certificate upon
11    expiration  or  termination  of  the  offender's  parole   or
12    mandatory supervised release term.

13        (730 ILCS 5/5-5.5-35 new)
14        Sec.  5-5.5-35.  Effect  of  revocation;  use  of revoked
15    certificate.
16        (a) If a  certificate  of  relief  from  disabilities  is
17    deemed  to  be  temporary  and  the  certificate  is revoked,
18    disabilities  and  forfeitures  thereby  relieved  shall   be
19    reinstated  as  of the date upon which the person to whom the
20    certificate  was  issued  receives  written  notice  of   the
21    revocation.  Any such person shall upon receipt of the notice
22    surrender the certificate to the issuing court or Board.
23        (b) A person who knowingly uses or  attempts  to  use,  a
24    revoked  certificate  of relief from disabilities in order to
25    obtain or to exercise any right or privilege that he  or  she
26    would  not  be  entitled  to  obtain or to exercise without a
27    valid certificate is guilty of a Class A misdemeanor.

28        (730 ILCs 5/5-5.5-40 new)
29        Sec. 5-5.5-40. Forms and filing.
30        (a)  All  applications,  certificates,  and   orders   of
31    revocation  necessary  for the purposes of this Article shall
32    be  upon  forms  prescribed  under  an  agreement  among  the
 
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 1    Director of Corrections and  the  chairman  of  the  Prisoner
 2    Review  Board  and  the Chief Justice of the Supreme Court or
 3    his or her designee. The forms relating  to  certificates  of
 4    relief from disabilities shall be distributed by the Director
 5    of  the  Division of Probation Services and forms relating to
 6    certificates of good conduct  shall  be  distributed  by  the
 7    chairman of the Prisoner Review Board.
 8        (b)   Any   court   or  board  issuing  or  revoking  any
 9    certificate under this Article shall immediately file a  copy
10    of  the  certificate, or of the order of revocation, with the
11    Director of State Police.

12        (730 ILCs 5/5-5.5-45 new)
13        Sec. 5-5.5-45. Certificate not  to  be  deemed  to  be  a
14    pardon.  Nothing contained in this Article shall be deemed to
15    alter or limit or affect the manner of applying  for  pardons
16    to the Governor, and no certificate issued under this Article
17    shall be deemed or construed to be a pardon.

18        Section  99.   Effective  date.   This  Act  takes effect
19    January 1, 2004.