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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | ||||||||||||||||||||||||
5 | changing Sections 3-3-2 and 5-8-1 and by adding Section 5-8-1.4 | ||||||||||||||||||||||||
6 | 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 term | ||||||||||||||||||||||||
10 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||||||||||||||||||||
11 | read "Prisoner Review
Board." After the effective date of this | ||||||||||||||||||||||||
12 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||||||||||||||||||||
13 | by rule for the orderly transition of
all files, records, and | ||||||||||||||||||||||||
14 | documents of the Parole and Pardon Board and for
such other | ||||||||||||||||||||||||
15 | steps as may be necessary to effect an orderly transition and | ||||||||||||||||||||||||
16 | shall:
| ||||||||||||||||||||||||
17 | (1) hear by at least one member and through a panel of | ||||||||||||||||||||||||
18 | at least 3 members
decide, cases of prisoners
who were | ||||||||||||||||||||||||
19 | sentenced under the law in effect prior to 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 of | ||||||||||||||||||||||||
23 | at least 3 members decide, the conditions of
parole and the |
| |||||||
| |||||||
1 | time of discharge from parole, impose sanctions for
| ||||||
2 | violations of parole, and revoke
parole for those sentenced | ||||||
3 | under the law in effect prior to this amendatory
Act of | ||||||
4 | 1977; provided that the decision to parole and the | ||||||
5 | conditions of
parole for all prisoners who were sentenced | ||||||
6 | for first degree murder or who
received a minimum sentence | ||||||
7 | of 20 years or more under the law in effect
prior to | ||||||
8 | February 1, 1978 shall be determined by a majority vote of | ||||||
9 | the
Prisoner Review Board;
| ||||||
10 | (3) hear by at least one member and through a panel of | ||||||
11 | at least 3 members decide, the conditions
of mandatory | ||||||
12 | supervised release and the time of discharge from mandatory
| ||||||
13 | supervised release, impose sanctions for violations of | ||||||
14 | mandatory
supervised release, and revoke mandatory | ||||||
15 | supervised release for those
sentenced under the law in | ||||||
16 | effect after the effective date of this
amendatory Act of | ||||||
17 | 1977;
| ||||||
18 | (3.5) hear by at least one member and through a panel | ||||||
19 | of at least 3 members decide, the conditions of mandatory | ||||||
20 | supervised release and the time of discharge from mandatory | ||||||
21 | supervised release, to impose sanctions for violations of | ||||||
22 | mandatory supervised release and revoke mandatory | ||||||
23 | supervised release for those serving extended supervised | ||||||
24 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
25 | of Section 5-8-1;
| ||||||
26 | (4) hear by at least 1 member and through a panel of at |
| |||||||
| |||||||
1 | least 3
members,
decide cases brought by the Department of | ||||||
2 | Corrections against a prisoner in
the custody of the | ||||||
3 | Department for alleged violation of Department rules
with | ||||||
4 | respect to good conduct credits pursuant to Section 3-6-3 | ||||||
5 | of this Code
in which the Department seeks to revoke good | ||||||
6 | conduct credits, if the amount
of time at issue exceeds 30 | ||||||
7 | days or when, during any 12 month period, the
cumulative | ||||||
8 | amount of credit revoked exceeds 30 days except where the
| ||||||
9 | infraction is committed or discovered within 60 days of | ||||||
10 | scheduled release.
In such cases, the Department of | ||||||
11 | Corrections may revoke up to 30 days of
good conduct | ||||||
12 | credit. The Board may subsequently approve the revocation | ||||||
13 | of
additional good conduct credit, if the Department seeks | ||||||
14 | to revoke good
conduct credit in excess of thirty days. | ||||||
15 | However, the Board shall not be
empowered to review the | ||||||
16 | Department's decision with respect to the loss of
30 days | ||||||
17 | of good conduct credit for any prisoner or to increase any | ||||||
18 | penalty
beyond the length requested by the Department;
| ||||||
19 | (5) hear by at least one member and through a panel of | ||||||
20 | at least 3
members decide, the
release dates for certain | ||||||
21 | prisoners sentenced under the law in existence
prior to the | ||||||
22 | effective date of this amendatory Act of 1977, in
| ||||||
23 | accordance with Section 3-3-2.1 of this Code;
| ||||||
24 | (6) hear by at least one member and through a panel of | ||||||
25 | at least 3 members
decide, all requests for pardon, | ||||||
26 | reprieve or commutation, and make confidential
|
| |||||||
| |||||||
1 | recommendations to the Governor;
| ||||||
2 | (7) comply with the requirements of the Open Parole | ||||||
3 | Hearings Act;
| ||||||
4 | (8) hear by at least one member and, through a panel of | ||||||
5 | at least 3
members, decide cases brought by the Department | ||||||
6 | of Corrections against a
prisoner in the custody of the | ||||||
7 | Department for court dismissal of a frivolous
lawsuit | ||||||
8 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
9 | Department seeks
to revoke up to 180 days of good conduct | ||||||
10 | credit, and if the prisoner has not
accumulated 180 days of | ||||||
11 | good conduct credit at the time of the dismissal, then
all | ||||||
12 | good conduct credit accumulated by the prisoner shall be | ||||||
13 | revoked;
and
| ||||||
14 | (9) hear by at least 3 members, and, through a panel of | ||||||
15 | at least 3
members, decide whether to grant certificates of | ||||||
16 | relief from
disabilities or certificates of good conduct as | ||||||
17 | provided in Article 5.5 of
Chapter V.
| ||||||
18 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
19 | and in
coordination with the Department of Corrections and the | ||||||
20 | Department of Central
Management Services, shall implement a | ||||||
21 | pilot project in 3 correctional
institutions providing for the | ||||||
22 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
23 | (a) of this Section through interactive video conferences.
The
| ||||||
24 | project shall be implemented within 6 months after the | ||||||
25 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
26 | after the implementation of the pilot
project, the Prisoner |
| |||||||
| |||||||
1 | Review Board, with the cooperation of and in coordination
with | ||||||
2 | the Department of Corrections and the Department of Central | ||||||
3 | Management
Services, shall report to the Governor and the | ||||||
4 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
5 | future viability of interactive video
conferences for Prisoner | ||||||
6 | Review Board hearings.
| ||||||
7 | (b) Upon recommendation of the Department the Board may | ||||||
8 | restore good
conduct credit previously revoked.
| ||||||
9 | (c) The Board shall cooperate with the Department in | ||||||
10 | promoting an
effective system of parole and mandatory | ||||||
11 | supervised release.
| ||||||
12 | (d) The Board shall promulgate rules for the conduct of its | ||||||
13 | work,
and the Chairman shall file a copy of such rules and any | ||||||
14 | amendments
thereto with the Director and with the Secretary of | ||||||
15 | State.
| ||||||
16 | (e) The Board shall keep records of all of its official | ||||||
17 | actions and
shall make them accessible in accordance with law | ||||||
18 | and the rules of the
Board.
| ||||||
19 | (f) The Board or one who has allegedly violated the | ||||||
20 | conditions of
his parole or mandatory supervised release may | ||||||
21 | require by subpoena the
attendance and testimony of witnesses | ||||||
22 | and the production of documentary
evidence relating to any | ||||||
23 | matter under investigation or hearing. The
Chairman of the | ||||||
24 | Board may sign subpoenas which shall be served by any
agent or | ||||||
25 | public official authorized by the Chairman of the Board, or by
| ||||||
26 | any person lawfully authorized to serve a subpoena under the |
| |||||||
| |||||||
1 | laws of the
State of Illinois. The attendance of witnesses, and | ||||||
2 | the production of
documentary evidence, may be required from | ||||||
3 | any place in the State to a
hearing location in the State | ||||||
4 | before the Chairman of the Board or his
designated agent or | ||||||
5 | agents or any duly constituted Committee or
Subcommittee of the | ||||||
6 | Board. Witnesses so summoned shall be paid the same
fees and | ||||||
7 | mileage that are paid witnesses in the circuit courts of the
| ||||||
8 | State, and witnesses whose depositions are taken and the | ||||||
9 | persons taking
those depositions are each entitled to the same | ||||||
10 | fees as are paid for
like services in actions in the circuit | ||||||
11 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
12 | payment when the witness is discharged
from further attendance.
| ||||||
13 | In case of disobedience to a subpoena, the Board may | ||||||
14 | petition any
circuit court of the State for an order requiring | ||||||
15 | the attendance and
testimony of witnesses or the production of | ||||||
16 | documentary evidence or
both. A copy of such petition shall be | ||||||
17 | served by personal service or by
registered or certified mail | ||||||
18 | upon the person who has failed to obey the
subpoena, and such | ||||||
19 | person shall be advised in writing that a hearing
upon the | ||||||
20 | petition will be requested in a court room to be designated in
| ||||||
21 | such notice before the judge hearing motions or extraordinary | ||||||
22 | remedies
at a specified time, on a specified date, not less | ||||||
23 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
24 | the written notice and petition
in the U.S. mails addressed to | ||||||
25 | the person at his last known address or
after the personal | ||||||
26 | service of the copy of the notice and petition upon
such |
| |||||||
| |||||||
1 | person. The court upon the filing of such a petition, may order | ||||||
2 | the
person refusing to obey the subpoena to appear at an | ||||||
3 | investigation or
hearing, or to there produce documentary | ||||||
4 | evidence, if so ordered, or to
give evidence relative to the | ||||||
5 | subject matter of that investigation or
hearing. Any failure to | ||||||
6 | obey such order of the circuit court may be
punished by that | ||||||
7 | court as a contempt of court.
| ||||||
8 | Each member of the Board and any hearing officer designated | ||||||
9 | by the
Board shall have the power to administer oaths and to | ||||||
10 | take the testimony
of persons under oath.
| ||||||
11 | (g) Except under subsection (a) of this Section, a majority | ||||||
12 | of the
members then appointed to the Prisoner Review Board | ||||||
13 | shall constitute a
quorum for the transaction of all business | ||||||
14 | of the Board.
| ||||||
15 | (h) The Prisoner Review Board shall annually transmit to | ||||||
16 | the
Director a detailed report of its work for the preceding | ||||||
17 | calendar year.
The annual report shall also be transmitted to | ||||||
18 | the Governor for
submission to the Legislature.
| ||||||
19 | (i) The Prisoner Review Board may grant elderly sentence | ||||||
20 | adjustments in accordance with Section 5-8-1.4. | ||||||
21 | (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
| ||||||
22 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
23 | (Text of Section after amendment by P.A. 95-983 )
| ||||||
24 | Sec. 5-8-1. Sentence of Imprisonment for Felony.
| ||||||
25 | (a) Except as otherwise provided in the statute defining |
| |||||||
| |||||||
1 | the offense and except as otherwise provided in Section | ||||||
2 | 5-8-1.4 , a
sentence of imprisonment for a felony shall be a | ||||||
3 | determinate sentence set by
the court under this Section, | ||||||
4 | according to the following limitations:
| ||||||
5 | (1) for first degree murder,
| ||||||
6 | (a) a term shall be not less than 20 years
and not | ||||||
7 | more than 60 years, or
| ||||||
8 | (b) if a trier of fact finds beyond a reasonable
| ||||||
9 | doubt that the murder was accompanied by exceptionally
| ||||||
10 | brutal or heinous behavior indicative of wanton | ||||||
11 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
12 | of this Section, that any of the aggravating factors
| ||||||
13 | listed in subsection (b) of Section 9-1 of the Criminal | ||||||
14 | Code of 1961 are
present, the court may sentence the | ||||||
15 | defendant to a term of natural life
imprisonment, or
| ||||||
16 | (c) the court shall sentence the defendant to a | ||||||
17 | term of natural life
imprisonment when the death | ||||||
18 | penalty is not imposed if the defendant,
| ||||||
19 | (i) has previously been convicted of first | ||||||
20 | degree murder under
any state or federal law, or
| ||||||
21 | (ii) is a person who, at the time of the | ||||||
22 | commission of the murder,
had attained the age of | ||||||
23 | 17 or more and is found guilty of murdering an
| ||||||
24 | individual under 12 years of age; or, irrespective | ||||||
25 | of the defendant's age at
the time of the | ||||||
26 | commission of the offense, is found guilty of |
| |||||||
| |||||||
1 | murdering more
than one victim, or
| ||||||
2 | (iii) is found guilty of murdering a peace | ||||||
3 | officer, fireman, or emergency management worker | ||||||
4 | when
the peace officer, fireman, or emergency | ||||||
5 | management worker was killed in the course of | ||||||
6 | performing his
official duties, or to prevent the | ||||||
7 | peace officer or fireman from
performing his | ||||||
8 | official duties, or in retaliation for the peace | ||||||
9 | officer,
fireman, or emergency management worker | ||||||
10 | from performing his official duties, and the | ||||||
11 | defendant knew or should
have known that the | ||||||
12 | murdered individual was a peace officer, fireman, | ||||||
13 | or emergency management worker, or
| ||||||
14 | (iv) is found guilty of murdering an employee | ||||||
15 | of an institution or
facility of the Department of | ||||||
16 | Corrections, or any similar local
correctional | ||||||
17 | agency, when the employee was killed in the course | ||||||
18 | of
performing his official duties, or to prevent | ||||||
19 | the employee from performing
his official duties, | ||||||
20 | or in retaliation for the employee performing his
| ||||||
21 | official duties, or
| ||||||
22 | (v) is found guilty of murdering an emergency | ||||||
23 | medical
technician - ambulance, emergency medical | ||||||
24 | technician - intermediate, emergency
medical | ||||||
25 | technician - paramedic, ambulance driver or other | ||||||
26 | medical assistance or
first aid person while |
| |||||||
| |||||||
1 | employed by a municipality or other governmental | ||||||
2 | unit
when the person was killed in the course of | ||||||
3 | performing official duties or
to prevent the | ||||||
4 | person from performing official duties or in | ||||||
5 | retaliation
for performing official duties and the | ||||||
6 | defendant knew or should have known
that the | ||||||
7 | murdered individual was an emergency medical | ||||||
8 | technician - ambulance,
emergency medical | ||||||
9 | technician - intermediate, emergency medical
| ||||||
10 | technician - paramedic, ambulance driver, or other | ||||||
11 | medical
assistant or first aid personnel, or
| ||||||
12 | (vi) is a person who, at the time of the | ||||||
13 | commission of the murder,
had not attained the age | ||||||
14 | of 17, and is found guilty of murdering a person | ||||||
15 | under
12 years of age and the murder is committed | ||||||
16 | during the course of aggravated
criminal sexual | ||||||
17 | assault, criminal sexual assault, or aggravated | ||||||
18 | kidnaping,
or
| ||||||
19 | (vii) is found guilty of first degree murder | ||||||
20 | and the murder was
committed by reason of any | ||||||
21 | person's activity as a community policing | ||||||
22 | volunteer
or to prevent any person from engaging in | ||||||
23 | activity as a community policing
volunteer. For | ||||||
24 | the purpose of this Section, "community policing | ||||||
25 | volunteer"
has the meaning ascribed to it in | ||||||
26 | Section 2-3.5 of the Criminal Code of 1961.
|
| |||||||
| |||||||
1 | For purposes of clause (v), "emergency medical | ||||||
2 | technician - ambulance",
"emergency medical technician - | ||||||
3 | intermediate", "emergency medical technician -
| ||||||
4 | paramedic", have the meanings ascribed to them in the | ||||||
5 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
6 | (d) (i) if the person committed the offense while | ||||||
7 | armed with a
firearm, 15 years shall be added to | ||||||
8 | the term of imprisonment imposed by the
court;
| ||||||
9 | (ii) if, during the commission of the offense, | ||||||
10 | the person
personally discharged a firearm, 20 | ||||||
11 | years shall be added to the term of
imprisonment | ||||||
12 | imposed by the court;
| ||||||
13 | (iii) if, during the commission of the | ||||||
14 | offense, the person
personally discharged a | ||||||
15 | firearm that proximately caused great bodily harm,
| ||||||
16 | permanent disability, permanent disfigurement, or | ||||||
17 | death to another person, 25
years or up to a term | ||||||
18 | of natural life shall be added to the term of
| ||||||
19 | imprisonment imposed by the court.
| ||||||
20 | (1.5) for second degree murder, a term shall be not | ||||||
21 | less than 4 years
and not more than 20 years;
| ||||||
22 | (2) for a person adjudged a habitual criminal under | ||||||
23 | Article 33B of
the Criminal Code of 1961, as amended, the | ||||||
24 | sentence shall be a term of
natural life imprisonment;
| ||||||
25 | (2.5) for a person convicted under the circumstances | ||||||
26 | described in
paragraph (3) of subsection (b) of Section |
| |||||||
| |||||||
1 | 12-13, paragraph (2) of subsection
(d) of Section 12-14, | ||||||
2 | paragraph (1.2) of subsection (b) of
Section 12-14.1, or | ||||||
3 | paragraph (2) of subsection (b) of Section 12-14.1
of the | ||||||
4 | Criminal Code of 1961, the sentence shall be a term of | ||||||
5 | natural life
imprisonment;
| ||||||
6 | (3) except as otherwise provided in the statute | ||||||
7 | defining the
offense, for a Class X felony, the sentence | ||||||
8 | shall be not less than 6
years and not more than 30 years;
| ||||||
9 | (4) for a Class 1 felony, other than second degree | ||||||
10 | murder, the sentence
shall be not less than 4 years and not | ||||||
11 | more than 15 years;
| ||||||
12 | (5) for a Class 2 felony, the sentence shall be not | ||||||
13 | less than 3
years and not more than 7 years;
| ||||||
14 | (6) for a Class 3 felony, the sentence shall be not | ||||||
15 | less than 2
years and not more than 5 years;
| ||||||
16 | (7) for a Class 4 felony, the sentence shall be not | ||||||
17 | less than 1 year
and not more than 3 years.
| ||||||
18 | (b) The sentencing judge in each felony conviction shall | ||||||
19 | set forth
his reasons for imposing the particular sentence he | ||||||
20 | enters in the case,
as provided in Section 5-4-1 of this Code. | ||||||
21 | Those reasons may include
any mitigating or aggravating factors | ||||||
22 | specified in this Code, or the
lack of any such circumstances, | ||||||
23 | as well as any other such factors as the
judge shall set forth | ||||||
24 | on the record that are consistent with the
purposes and | ||||||
25 | principles of sentencing set out in this Code.
| ||||||
26 | (c) A motion to reduce a sentence may be made, or the court |
| |||||||
| |||||||
1 | may reduce
a sentence without motion, within 30 days after the | ||||||
2 | sentence is imposed.
A defendant's challenge to the correctness | ||||||
3 | of a sentence or to any aspect of
the sentencing hearing shall | ||||||
4 | be made by a written motion filed within 30 days
following the | ||||||
5 | imposition of sentence. However, the court may not increase a
| ||||||
6 | sentence once it is imposed.
| ||||||
7 | If a motion filed pursuant to this subsection is timely | ||||||
8 | filed within 30 days
after the sentence is imposed, the | ||||||
9 | proponent of the motion shall exercise due
diligence in seeking | ||||||
10 | a determination on the motion and the court shall
thereafter | ||||||
11 | decide such motion within a reasonable time.
| ||||||
12 | If a motion filed pursuant to this subsection is timely | ||||||
13 | filed within 30 days
after the sentence is imposed, then for | ||||||
14 | purposes of perfecting an appeal, a
final judgment shall not be | ||||||
15 | considered to have been entered until the motion to
reduce a | ||||||
16 | sentence has been decided by order entered by the trial court.
| ||||||
17 | A motion filed pursuant to this subsection shall not be | ||||||
18 | considered to have
been timely
filed unless it is filed with | ||||||
19 | the circuit court clerk within 30 days after
the sentence is | ||||||
20 | imposed together with a notice of motion, which notice of
| ||||||
21 | motion shall set the motion on the court's calendar on a date | ||||||
22 | certain within
a reasonable time after the date of filing.
| ||||||
23 | (d) Except where a term of natural life is imposed, every | ||||||
24 | sentence
shall include as though written therein a term in | ||||||
25 | addition to the term
of imprisonment. For those sentenced under | ||||||
26 | the law in effect prior to
February 1, 1978, such term shall be |
| |||||||
| |||||||
1 | identified as a parole
term. For those sentenced on or after | ||||||
2 | February 1, 1978, such term
shall be identified as a mandatory | ||||||
3 | supervised release term. Subject to
earlier termination under | ||||||
4 | Section 3-3-8, the parole or mandatory
supervised release term | ||||||
5 | shall be as follows:
| ||||||
6 | (1) for first degree murder or a Class X felony except | ||||||
7 | for the offenses of predatory criminal sexual assault of a | ||||||
8 | child, aggravated criminal sexual assault, and criminal | ||||||
9 | sexual assault if committed on or after the effective date | ||||||
10 | of this amendatory Act of the 94th General Assembly and | ||||||
11 | except for the offense of aggravated child pornography | ||||||
12 | under Section 11-20.3 of the Criminal Code of 1961, if | ||||||
13 | committed on or after January 1, 2009, 3 years;
| ||||||
14 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
15 | the offense of criminal sexual assault if committed on or | ||||||
16 | after the effective date of this amendatory Act of the 94th | ||||||
17 | General Assembly and except for the offenses of manufacture | ||||||
18 | and dissemination of child pornography under clauses | ||||||
19 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
20 | of 1961, if committed on or after January 1, 2009, 2 years;
| ||||||
21 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
22 | (4) for defendants who commit the offense of predatory | ||||||
23 | criminal sexual assault of a child, aggravated criminal | ||||||
24 | sexual assault, or criminal sexual assault, on or after the | ||||||
25 | effective date of this amendatory Act of the 94th General | ||||||
26 | Assembly, or who commit the offense of aggravated child |
| |||||||
| |||||||
1 | pornography, manufacture of child pornography, or | ||||||
2 | dissemination of child pornography after January 1, 2009, | ||||||
3 | the term of mandatory supervised release shall range from a | ||||||
4 | minimum of 3 years to a maximum of the natural life of the | ||||||
5 | defendant;
| ||||||
6 | (5) if the victim is under 18 years of age, for a | ||||||
7 | second or subsequent
offense of aggravated criminal sexual | ||||||
8 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
9 | the first 2 years of which the defendant shall serve in an
| ||||||
10 | electronic home detention program under Article 8A of | ||||||
11 | Chapter V of this Code.
| ||||||
12 | (e) A defendant who has a previous and unexpired sentence | ||||||
13 | of
imprisonment imposed by another state or by any district | ||||||
14 | court of the
United States and who, after sentence for a
crime | ||||||
15 | in Illinois, must return to serve the unexpired prior sentence | ||||||
16 | may
have his sentence by the Illinois court ordered to be | ||||||
17 | concurrent with
the prior sentence in the other state. The | ||||||
18 | court may order that any time
served on the unexpired portion | ||||||
19 | of the sentence in the other state,
prior to his return to | ||||||
20 | Illinois, shall be credited on his Illinois
sentence. The other | ||||||
21 | state shall be furnished with a copy of the order
imposing | ||||||
22 | sentence which shall provide that, when the offender is
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23 | released from confinement of the other state, whether by parole | ||||||
24 | or by
termination of sentence, the offender shall be | ||||||
25 | transferred by the
Sheriff of the committing county to the | ||||||
26 | Illinois Department of
Corrections. The court shall cause the |
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1 | Department of Corrections to be
notified of such sentence at | ||||||
2 | the time of commitment and to be provided
with copies of all | ||||||
3 | records regarding the sentence.
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4 | (f) A defendant who has a previous and unexpired sentence | ||||||
5 | of imprisonment
imposed by an Illinois circuit court for a | ||||||
6 | crime in this State and who is
subsequently sentenced to a term | ||||||
7 | of imprisonment by another state or by
any district court of | ||||||
8 | the United States and who has served a term of
imprisonment | ||||||
9 | imposed by the other state or district court of the United
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10 | States, and must return to serve the unexpired prior sentence | ||||||
11 | imposed by
the Illinois Circuit Court may apply to the court | ||||||
12 | which imposed sentence to
have his sentence reduced.
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13 | The circuit court may order that any time served on the | ||||||
14 | sentence imposed
by the other state or district court of the | ||||||
15 | United States be credited on
his Illinois sentence. Such | ||||||
16 | application for reduction of a sentence under
this subsection | ||||||
17 | (f) shall be made within 30 days after the defendant has
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18 | completed the sentence imposed by the other state or district | ||||||
19 | court of the
United States.
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20 | (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; | ||||||
21 | 94-715, eff. 12-13-05; 95-983, eff. 6-1-09.)
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22 | (730 ILCS 5/5-8-1.4 new) | ||||||
23 | Sec. 5-8-1.4. Elderly sentence adjustment; pilot program. | ||||||
24 | (a) A committed person as defined in subsection (c) of | ||||||
25 | Section 3-1-2 of this Code who is at least 50 years of age and |
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1 | who has served at least 25 consecutive years of imprisonment in | ||||||
2 | a Department of Corrections institution or facility and is | ||||||
3 | serving a sentence other than death may petition the Prisoner | ||||||
4 | Review Board for an elderly sentence adjustment as provided in | ||||||
5 | this Section. If the committed person files such a petition, | ||||||
6 | the families of the victims of the committed person's offenses | ||||||
7 | shall be notified in a timely manner after the filing of the | ||||||
8 | petition. | ||||||
9 | (b) The Prisoner Review Board may grant the petitioner an | ||||||
10 | elderly sentence adjustment if the petitioner documents and | ||||||
11 | demonstrates to the Prisoner Review Board the following: | ||||||
12 | (1) successful participation by the committed person | ||||||
13 | in programs designed to restore the committed person as a | ||||||
14 | useful and productive person in the community upon release | ||||||
15 | and if such programs are not available that the committed | ||||||
16 | person has attempted to participate in such programs; | ||||||
17 | (2) genuine reform and changed behavior by the | ||||||
18 | committed person over a period of years; | ||||||
19 | (3) the committed person's remorse for actions that | ||||||
20 | have caused pain and suffering to victims of his or her | ||||||
21 | offenses; | ||||||
22 | (4) the committed person's ability to socialize with | ||||||
23 | others in an acceptable manner; | ||||||
24 | (5) the committed person's renunciation of criminal | ||||||
25 | activity and gang affiliation if the committed person was a | ||||||
26 | member of a gang. |
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1 | (c) The petition shall contain: | ||||||
2 | (1) documentation of the committed person's relevant | ||||||
3 | medical history, including current medical prognosis; | ||||||
4 | (2) the committed person's prison and criminal | ||||||
5 | history. The criminal history shall include any claims of | ||||||
6 | innocence and the degree of the committed person's | ||||||
7 | responsibility for his or her convictions and if such | ||||||
8 | claims of responsibility have impacted the committed | ||||||
9 | person's feeling of remorse. | ||||||
10 | (d) The Prisoner Review Board shall consider the petition | ||||||
11 | in its entirety and may not order the release of the committed | ||||||
12 | person if the Prisoner Review Board finds that the committed | ||||||
13 | person poses a threat to public safety. If the Prisoner Review | ||||||
14 | Board determines that a committed person is eligible for a | ||||||
15 | sentence adjustment under this Section and determines that the | ||||||
16 | committed person should receive a sentence adjustment, the | ||||||
17 | Prisoner Review Board shall set the conditions for the | ||||||
18 | committed person's release from prison before the expiration of | ||||||
19 | the committed person's sentence. The Prisoner Review Board when | ||||||
20 | adjusting a sentence shall require 10 hours of community | ||||||
21 | service for each year served in prison and require electronic | ||||||
22 | monitoring for at least 6 months. | ||||||
23 | (e) A petition for sentencing adjustment under the | ||||||
24 | provisions of this Section shall be submitted only once unless | ||||||
25 | the Prisoner Review Board decides unusual circumstances | ||||||
26 | warrant another hearing. |
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1 | (f)(1) The Department of Corrections shall develop a pilot | ||||||||||||||||||||||||||||||||||||||||
2 | program patterned after the Impact of Crime on Victims Class | ||||||||||||||||||||||||||||||||||||||||
3 | (ICVC), including the Restorative Justice segment, used by the | ||||||||||||||||||||||||||||||||||||||||
4 | Missouri Department of Corrections. This pilot program shall be | ||||||||||||||||||||||||||||||||||||||||
5 | implemented in one maximum security prison for women and one | ||||||||||||||||||||||||||||||||||||||||
6 | maximum security prison for men. The ICVC shall be made | ||||||||||||||||||||||||||||||||||||||||
7 | available to prisoners eligible for elderly sentence | ||||||||||||||||||||||||||||||||||||||||
8 | adjustment on a voluntary basis. | ||||||||||||||||||||||||||||||||||||||||
9 | (2) The Department of Corrections shall promulgate rules | ||||||||||||||||||||||||||||||||||||||||
10 | and regulations for operation of the pilot program established | ||||||||||||||||||||||||||||||||||||||||
11 | pursuant to this subsection (f). | ||||||||||||||||||||||||||||||||||||||||
12 | (3) Any proposed program or strategy created under this | ||||||||||||||||||||||||||||||||||||||||
13 | subsection (f) shall be developed after identification of a | ||||||||||||||||||||||||||||||||||||||||
14 | need in the community for such programs, through consultation | ||||||||||||||||||||||||||||||||||||||||
15 | with representatives of the general public, judiciary, law | ||||||||||||||||||||||||||||||||||||||||
16 | enforcement, and defense and prosecution bar. | ||||||||||||||||||||||||||||||||||||||||
17 | (4) The Department of Corrections may staff programs | ||||||||||||||||||||||||||||||||||||||||
18 | created under this subsection (f) with employees of the | ||||||||||||||||||||||||||||||||||||||||
19 | Department or may contract with other public or private | ||||||||||||||||||||||||||||||||||||||||
20 | agencies for delivery of services as otherwise provided by law. | ||||||||||||||||||||||||||||||||||||||||
21 | (5) The pilot program shall include wrap-around victim | ||||||||||||||||||||||||||||||||||||||||
22 | services to ensure the safety of victims upon the release of a | ||||||||||||||||||||||||||||||||||||||||
23 | committed person under an elderly sentence adjustment program.
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