Rep. Justin Slaughter
Filed: 4/9/2019
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1 | AMENDMENT TO HOUSE BILL 3584
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2 | AMENDMENT NO. ______. Amend House Bill 3584, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, on page 20, by replacing line 15 with the following: | ||||||
5 | "(d) Procedures after the imposition of sentence. | ||||||
6 | (1) The Prisoner Review Board shall inform a victim | ||||||
7 | or"; and | ||||||
8 | by replacing line 11 on page 22 through line 2 on page 23 with | ||||||
9 | the following:
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10 | "(4) The victim of the crime for which the prisoner has | ||||||
11 | been sentenced has the right to register with the Prisoner | ||||||
12 | Review Board's victim registry. Victims registered with the | ||||||
13 | Board
shall receive reasonable written notice not less than 30 | ||||||
14 | days prior to the
parole hearing or target aftercare release | ||||||
15 | date . The victim has the right to submit a victim statement for | ||||||
16 | consideration by the Prisoner Review Board or the Department of | ||||||
17 | Juvenile Justice in writing, on film, videotape, or other |
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1 | electronic means, or in the form of a recording prior to the | ||||||
2 | parole hearing or target aftercare release date, or in person | ||||||
3 | at the parole hearing or aftercare release protest hearing, or | ||||||
4 | by calling the toll-free number established in subsection (f) | ||||||
5 | of this Section. and may submit, in writing, on film, videotape | ||||||
6 | or other
electronic means or in the form of a recording prior | ||||||
7 | to the parole hearing or target aftercare release date or in | ||||||
8 | person at the parole hearing or aftercare release protest | ||||||
9 | hearing
or if a victim of a violent crime, by calling the
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10 | toll-free number established in subsection (f) of this Section, | ||||||
11 | information
for
consideration by the Prisoner Review Board or | ||||||
12 | Department of Juvenile Justice. The
victim shall be notified | ||||||
13 | within 7 days after the prisoner has been granted
parole or | ||||||
14 | aftercare release and shall be informed of the right to inspect | ||||||
15 | the registry of parole
decisions, established under subsection | ||||||
16 | (g) of Section 3-3-5 of the Unified
Code of Corrections. The | ||||||
17 | provisions of this paragraph (4) are subject to the
Open Parole | ||||||
18 | Hearings Act. Victim statements provided to the Board shall be | ||||||
19 | confidential and privileged, including any statements received | ||||||
20 | prior to the effective date of this amendatory Act of the 101st | ||||||
21 | General Assembly, except if the statement was an oral statement | ||||||
22 | made by the victim at a hearing open to the public. | ||||||
23 | (4-1) The crime victim has the right to submit a victim | ||||||
24 | statement for consideration by the Prisoner Review Board or the | ||||||
25 | Department of Juvenile Justice prior to or at a hearing to | ||||||
26 | determine the conditions of mandatory supervised release of a |
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1 | person sentenced to a determinate sentence or at a hearing on | ||||||
2 | revocation of mandatory supervised release of a person | ||||||
3 | sentenced to a determinate sentence. A victim statement may be | ||||||
4 | submitted in writing, on film, videotape, or other electronic | ||||||
5 | means, or in the form of a recording, or orally at a hearing, | ||||||
6 | or by calling the toll-free number established in subsection | ||||||
7 | (f) of this Section. Victim statements provided to the Board | ||||||
8 | shall be confidential and privileged, including any statements | ||||||
9 | received prior to the effective date of this amendatory Act of | ||||||
10 | the 101st General Assembly, except if the statement was an oral | ||||||
11 | statement made by the victim at a hearing open to the public. | ||||||
12 | (4-2) The crime victim has the right to submit a victim | ||||||
13 | statement to the Prisoner Review Board for consideration at an | ||||||
14 | executive clemency hearing as provided in Section 3-3-13 of the | ||||||
15 | Unified Code of Corrections. A victim statement may be | ||||||
16 | submitted in writing, on film, videotape, or other electronic | ||||||
17 | means, or in the form of a recording prior to a hearing, or | ||||||
18 | orally at a hearing, or by calling the toll-free number | ||||||
19 | established in subsection (f) of this Section. Victim | ||||||
20 | statements provided to the Board shall be confidential and | ||||||
21 | privileged, including any statements received prior to the | ||||||
22 | effective date of this amendatory Act of the 101st General | ||||||
23 | Assembly, except if the statement was an oral statement made by | ||||||
24 | the victim at a hearing open to the public. "; and | ||||||
25 | by replacing line 19 on page 24 through line 4 on page 25 with |
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1 | the following: | ||||||
2 | "(f) The Prisoner Review To permit a crime victim of a | ||||||
3 | violent crime to provide information to the
Prisoner Review | ||||||
4 | Board or the Department of Juvenile Justice for consideration | ||||||
5 | by the
Board or Department at a parole hearing or before an | ||||||
6 | aftercare release decision of a person who committed the crime | ||||||
7 | against
the victim in accordance with clause (d)(4) of this | ||||||
8 | Section or at a proceeding
to determine the conditions of | ||||||
9 | mandatory supervised release of a person
sentenced to a | ||||||
10 | determinate sentence or at a hearing on revocation of mandatory
| ||||||
11 | supervised release of a person sentenced to a determinate | ||||||
12 | sentence, the Board
shall establish a toll-free number that may | ||||||
13 | be accessed by the crime victim of
a violent crime to present a | ||||||
14 | victim statement that information to the Board in accordance | ||||||
15 | with paragraphs (4), (4-1), and (4-2) of subsection (d) ."; and | ||||||
16 | on page 28, by replacing lines 7 through 14 with the following: | ||||||
17 | " (b-5) The crime victim has the right to register with the | ||||||
18 | Prisoner Review Board's victim registry. The crime victim has | ||||||
19 | the right to submit a victim statement to the Board for | ||||||
20 | consideration at hearings as provided in Section 4.5. Victim | ||||||
21 | statements provided to the Board shall be confidential and | ||||||
22 | privileged, including any statements received prior to the | ||||||
23 | effective date of this amendatory Act of the 101st General | ||||||
24 | Assembly, except if the statement was an oral statement made by | ||||||
25 | the victim at a hearing open to the public. "; and |
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1 | on page 29, by replacing line 2 with the following: | ||||||
2 | "changing Sections 3-3-1, 3-3-2, 3-3-4, 3-3-9, 3-3-13, | ||||||
3 | 5-4.5-20, 5-4.5-25, 5-4.5-30, and 5-8-1 and by renumbering and | ||||||
4 | changing Section 5-4.5-10 as added by Public Act 100-1182 as | ||||||
5 | follows:
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6 | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
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7 | (Text of Section before amendment by P.A. 100-1182 ) | ||||||
8 | Sec. 3-3-1. Establishment and appointment of Prisoner | ||||||
9 | Review Board.
| ||||||
10 | (a) There shall be a Prisoner Review Board independent of | ||||||
11 | the Department
which shall be:
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12 | (1) the paroling authority for persons sentenced under | ||||||
13 | the
law in effect prior to the effective date of this | ||||||
14 | amendatory
Act of 1977;
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15 | (1.5) (blank); | ||||||
16 | (2) the board of review for cases involving the | ||||||
17 | revocation
of sentence credits or a suspension or reduction | ||||||
18 | in the
rate of accumulating the credit;
| ||||||
19 | (3) the board of review and recommendation for the | ||||||
20 | exercise
of executive clemency by the Governor;
| ||||||
21 | (4) the authority for establishing release dates for
| ||||||
22 | certain prisoners sentenced under the law in existence | ||||||
23 | prior
to the effective date of this amendatory Act of 1977, | ||||||
24 | in
accordance with Section 3-3-2.1 of this Code;
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1 | (5) the authority for setting conditions for parole and
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2 | mandatory supervised release under Section 5-8-1(a) of | ||||||
3 | this
Code, and determining whether a violation of those | ||||||
4 | conditions
warrant revocation of parole or mandatory | ||||||
5 | supervised release
or the imposition of other sanctions; | ||||||
6 | and | ||||||
7 | (6) the authority for determining whether a violation | ||||||
8 | of aftercare release conditions warrant revocation of | ||||||
9 | aftercare release.
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10 | (b) The Board shall consist of 15 persons appointed by
the | ||||||
11 | Governor by and with the advice and consent of the Senate.
One | ||||||
12 | member of the Board shall be designated by the Governor
to be | ||||||
13 | Chairman and shall serve as Chairman at the pleasure of
the | ||||||
14 | Governor. The members of the Board shall have had at
least 5 | ||||||
15 | years of actual experience in the fields of penology,
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16 | corrections work, law enforcement, sociology, law, education,
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17 | social work, medicine, psychology, other behavioral sciences,
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18 | or a combination thereof. At least 6 members so appointed
must | ||||||
19 | have had at least 3 years experience in the field of
juvenile | ||||||
20 | matters. No more than 8 Board members may be members
of the | ||||||
21 | same political party.
| ||||||
22 | Each member of the Board shall serve on a full-time basis
| ||||||
23 | and shall not hold any other salaried public office, whether | ||||||
24 | elective or
appointive, nor any other office or position of | ||||||
25 | profit, nor engage in any
other business, employment, or | ||||||
26 | vocation. The Chairman of the Board shall
receive $35,000 a |
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| |||||||
1 | year, or an amount set by the Compensation Review Board,
| ||||||
2 | whichever is greater, and each other member $30,000, or an | ||||||
3 | amount set by the
Compensation Review Board, whichever is | ||||||
4 | greater.
| ||||||
5 | (c) Notwithstanding any other provision of this Section,
| ||||||
6 | the term of each member of the Board
who was appointed by the | ||||||
7 | Governor and is in office on June 30, 2003 shall
terminate at | ||||||
8 | the close of business on that date or when all of the successor
| ||||||
9 | members to be appointed pursuant to this amendatory Act of the | ||||||
10 | 93rd General
Assembly have been appointed by the Governor, | ||||||
11 | whichever occurs later. As soon
as possible, the Governor shall | ||||||
12 | appoint persons to fill the vacancies created
by this | ||||||
13 | amendatory Act.
| ||||||
14 | Of the initial members appointed under this amendatory Act | ||||||
15 | of the 93rd
General Assembly, the Governor shall appoint 5 | ||||||
16 | members whose terms shall expire
on the third Monday
in January | ||||||
17 | 2005, 5 members whose terms shall expire on the
third Monday in | ||||||
18 | January 2007, and 5 members whose terms
shall expire on the | ||||||
19 | third Monday in January 2009. Their respective successors
shall | ||||||
20 | be appointed for terms of 6 years from the third Monday
in | ||||||
21 | January of the year of appointment. Each member shall
serve | ||||||
22 | until his or her successor is appointed and qualified.
| ||||||
23 | Any member may be removed by the Governor for incompetence, | ||||||
24 | neglect of duty,
malfeasance or inability to serve.
| ||||||
25 | (d) The Chairman of the Board shall be its chief executive | ||||||
26 | and
administrative officer. The Board may have an Executive |
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| |||||||
1 | Director; if so,
the Executive Director shall be appointed by | ||||||
2 | the Governor with the advice and
consent of the Senate. The | ||||||
3 | salary and duties of the Executive Director shall
be fixed by | ||||||
4 | the Board.
| ||||||
5 | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .) | ||||||
6 | (Text of Section after amendment by P.A. 100-1182 ) | ||||||
7 | Sec. 3-3-1. Establishment and appointment of Prisoner | ||||||
8 | Review Board.
| ||||||
9 | (a) There shall be a Prisoner Review Board independent of | ||||||
10 | the Department
which shall be:
| ||||||
11 | (1) the paroling authority for persons sentenced under | ||||||
12 | the
law in effect prior to the effective date of this | ||||||
13 | amendatory
Act of 1977;
| ||||||
14 | (1.2) the paroling authority for persons eligible for | ||||||
15 | parole review under Section 5-4.5-115 5-4.5-110 ; | ||||||
16 | (1.5) (blank); | ||||||
17 | (2) the board of review for cases involving the | ||||||
18 | revocation
of sentence credits or a suspension or reduction | ||||||
19 | in the
rate of accumulating the credit;
| ||||||
20 | (3) the board of review and recommendation for the | ||||||
21 | exercise
of executive clemency by the Governor;
| ||||||
22 | (4) the authority for establishing release dates for
| ||||||
23 | certain prisoners sentenced under the law in existence | ||||||
24 | prior
to the effective date of this amendatory Act of 1977, | ||||||
25 | in
accordance with Section 3-3-2.1 of this Code;
|
| |||||||
| |||||||
1 | (5) the authority for setting conditions for parole and
| ||||||
2 | mandatory supervised release under Section 5-8-1(a) of | ||||||
3 | this
Code, and determining whether a violation of those | ||||||
4 | conditions
warrant revocation of parole or mandatory | ||||||
5 | supervised release
or the imposition of other sanctions; | ||||||
6 | and | ||||||
7 | (6) the authority for determining whether a violation | ||||||
8 | of aftercare release conditions warrant revocation of | ||||||
9 | aftercare release.
| ||||||
10 | (b) The Board shall consist of 15 persons appointed by
the | ||||||
11 | Governor by and with the advice and consent of the Senate.
One | ||||||
12 | member of the Board shall be designated by the Governor
to be | ||||||
13 | Chairman and shall serve as Chairman at the pleasure of
the | ||||||
14 | Governor. The members of the Board shall have had at
least 5 | ||||||
15 | years of actual experience in the fields of penology,
| ||||||
16 | corrections work, law enforcement, sociology, law, education,
| ||||||
17 | social work, medicine, psychology, other behavioral sciences,
| ||||||
18 | or a combination thereof. At least 6 members so appointed
must | ||||||
19 | have at least 3 years experience in the field of
juvenile | ||||||
20 | matters. No more than 8 Board members may be members
of the | ||||||
21 | same political party.
| ||||||
22 | Each member of the Board shall serve on a full-time basis
| ||||||
23 | and shall not hold any other salaried public office, whether | ||||||
24 | elective or
appointive, nor any other office or position of | ||||||
25 | profit, nor engage in any
other business, employment, or | ||||||
26 | vocation. The Chairman of the Board shall
receive $35,000 a |
| |||||||
| |||||||
1 | year, or an amount set by the Compensation Review Board,
| ||||||
2 | whichever is greater, and each other member $30,000, or an | ||||||
3 | amount set by the
Compensation Review Board, whichever is | ||||||
4 | greater.
| ||||||
5 | (c) Notwithstanding any other provision of this Section,
| ||||||
6 | the term of each member of the Board
who was appointed by the | ||||||
7 | Governor and is in office on June 30, 2003 shall
terminate at | ||||||
8 | the close of business on that date or when all of the successor
| ||||||
9 | members to be appointed pursuant to this amendatory Act of the | ||||||
10 | 93rd General
Assembly have been appointed by the Governor, | ||||||
11 | whichever occurs later. As soon
as possible, the Governor shall | ||||||
12 | appoint persons to fill the vacancies created
by this | ||||||
13 | amendatory Act.
| ||||||
14 | Of the initial members appointed under this amendatory Act | ||||||
15 | of the 93rd
General Assembly, the Governor shall appoint 5 | ||||||
16 | members whose terms shall expire
on the third Monday
in January | ||||||
17 | 2005, 5 members whose terms shall expire on the
third Monday in | ||||||
18 | January 2007, and 5 members whose terms
shall expire on the | ||||||
19 | third Monday in January 2009. Their respective successors
shall | ||||||
20 | be appointed for terms of 6 years from the third Monday
in | ||||||
21 | January of the year of appointment. Each member shall
serve | ||||||
22 | until his or her successor is appointed and qualified.
| ||||||
23 | Any member may be removed by the Governor for incompetence, | ||||||
24 | neglect of duty,
malfeasance or inability to serve.
| ||||||
25 | (d) The Chairman of the Board shall be its chief executive | ||||||
26 | and
administrative officer. The Board may have an Executive |
| |||||||
| |||||||
1 | Director; if so,
the Executive Director shall be appointed by | ||||||
2 | the Governor with the advice and
consent of the Senate. The | ||||||
3 | salary and duties of the Executive Director shall
be fixed by | ||||||
4 | the Board.
| ||||||
5 | (Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19; | ||||||
6 | revised 4-3-19.)
| ||||||
7 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| ||||||
8 | (Text of Section before amendment by P.A. 100-1182 ) | ||||||
9 | Sec. 3-3-2. Powers and duties.
| ||||||
10 | (a) The Parole and Pardon Board is abolished and the term | ||||||
11 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||
12 | read "Prisoner Review
Board." After the effective date of this | ||||||
13 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||
14 | by rule for the orderly transition of
all files, records, and | ||||||
15 | documents of the Parole and Pardon Board and for
such other | ||||||
16 | steps as may be necessary to effect an orderly transition and | ||||||
17 | shall:
| ||||||
18 | (1) hear by at least one member and through a panel of | ||||||
19 | at least 3 members
decide, cases of prisoners
who were | ||||||
20 | sentenced under the law in effect prior to the effective
| ||||||
21 | date of this amendatory Act of 1977, and who are eligible | ||||||
22 | for parole;
| ||||||
23 | (2) hear by at least one member and through a panel of | ||||||
24 | at least 3 members decide, the conditions of
parole and the | ||||||
25 | time of discharge from parole, impose sanctions for
|
| |||||||
| |||||||
1 | violations of parole, and revoke
parole for those sentenced | ||||||
2 | under the law in effect prior to this amendatory
Act of | ||||||
3 | 1977; provided that the decision to parole and the | ||||||
4 | conditions of
parole for all prisoners who were sentenced | ||||||
5 | for first degree murder or who
received a minimum sentence | ||||||
6 | of 20 years or more under the law in effect
prior to | ||||||
7 | February 1, 1978 shall be determined by a majority vote of | ||||||
8 | the
Prisoner Review Board. One representative supporting | ||||||
9 | parole and one representative opposing parole will be | ||||||
10 | allowed to speak. Their comments shall be limited to making | ||||||
11 | corrections and filling in omissions to the Board's | ||||||
12 | presentation and discussion;
| ||||||
13 | (3) hear by at least one member and through a panel of | ||||||
14 | at least 3 members decide, the conditions
of mandatory | ||||||
15 | supervised release and the time of discharge from mandatory
| ||||||
16 | supervised release, impose sanctions for violations of | ||||||
17 | mandatory
supervised release, and revoke mandatory | ||||||
18 | supervised release for those
sentenced under the law in | ||||||
19 | effect after the effective date of this
amendatory Act of | ||||||
20 | 1977;
| ||||||
21 | (3.5) hear by at least one member and through a panel | ||||||
22 | of at least 3 members decide, the conditions of mandatory | ||||||
23 | supervised release and the time of discharge from mandatory | ||||||
24 | supervised release, to impose sanctions for violations of | ||||||
25 | mandatory supervised release and revoke mandatory | ||||||
26 | supervised release for those serving extended supervised |
| |||||||
| |||||||
1 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
2 | of Section 5-8-1;
| ||||||
3 | (3.6) hear by at least one member and through a panel | ||||||
4 | of at least 3 members decide whether to revoke aftercare | ||||||
5 | release for those committed to the Department of Juvenile | ||||||
6 | Justice under the Juvenile Court Act of 1987; | ||||||
7 | (4) hear by at least one member and through a panel of | ||||||
8 | at least 3
members,
decide cases brought by the Department | ||||||
9 | of Corrections against a prisoner in
the custody of the | ||||||
10 | Department for alleged violation of Department rules
with | ||||||
11 | respect to sentence credits under Section 3-6-3 of this | ||||||
12 | Code
in which the Department seeks to revoke sentence | ||||||
13 | credits, if the amount
of time at issue exceeds 30 days or | ||||||
14 | when, during any 12 month period, the
cumulative amount of | ||||||
15 | credit revoked exceeds 30 days except where the
infraction | ||||||
16 | is committed or discovered within 60 days of scheduled | ||||||
17 | release.
In such cases, the Department of Corrections may | ||||||
18 | revoke up to 30 days of
sentence credit. The Board may | ||||||
19 | subsequently approve the revocation of
additional sentence | ||||||
20 | credit, if the Department seeks to revoke sentence credit | ||||||
21 | in excess of thirty days. However, the Board shall not be
| ||||||
22 | empowered to review the Department's decision with respect | ||||||
23 | to the loss of
30 days of sentence credit for any prisoner | ||||||
24 | or to increase any penalty
beyond the length requested by | ||||||
25 | the Department;
| ||||||
26 | (5) hear by at least one member and through a panel of |
| |||||||
| |||||||
1 | at least 3
members decide, the
release dates for certain | ||||||
2 | prisoners sentenced under the law in existence
prior to the | ||||||
3 | effective date of this amendatory Act of 1977, in
| ||||||
4 | accordance with Section 3-3-2.1 of this Code;
| ||||||
5 | (6) hear by at least one member and through a panel of | ||||||
6 | at least 3 members
decide, all requests for pardon, | ||||||
7 | reprieve or commutation, and make confidential
| ||||||
8 | recommendations to the Governor;
| ||||||
9 | (7) comply with the requirements of the Open Parole | ||||||
10 | Hearings Act;
| ||||||
11 | (8) hear by at least one member and, through a panel of | ||||||
12 | at least 3
members, decide cases brought by the Department | ||||||
13 | of Corrections against a
prisoner in the custody of the | ||||||
14 | Department for court dismissal of a frivolous
lawsuit | ||||||
15 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
16 | Department seeks
to revoke up to 180 days of sentence | ||||||
17 | credit, and if the prisoner has not
accumulated 180 days of | ||||||
18 | sentence credit at the time of the dismissal, then
all | ||||||
19 | sentence credit accumulated by the prisoner shall be | ||||||
20 | revoked;
| ||||||
21 | (9) hear by at least 3 members, and, through a panel of | ||||||
22 | at least 3
members, decide whether to grant certificates of | ||||||
23 | relief from
disabilities or certificates of good conduct as | ||||||
24 | provided in Article 5.5 of
Chapter V; | ||||||
25 | (10) upon a petition by a person who has been convicted | ||||||
26 | of a Class 3 or Class 4 felony and who meets the |
| |||||||
| |||||||
1 | requirements of this paragraph, hear by at least 3 members | ||||||
2 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
3 | a certificate of eligibility for sealing recommending that | ||||||
4 | the court order the sealing of all official
records of the | ||||||
5 | arresting authority, the circuit court clerk, and the | ||||||
6 | Department of State Police concerning the arrest and | ||||||
7 | conviction for the Class 3 or 4 felony. A person may not | ||||||
8 | apply to the Board for a certificate of eligibility for | ||||||
9 | sealing: | ||||||
10 | (A) until 5 years have elapsed since the expiration | ||||||
11 | of his or her sentence; | ||||||
12 | (B) until 5 years have elapsed since any arrests or | ||||||
13 | detentions by a law enforcement officer for an alleged | ||||||
14 | violation of law, other than a petty offense, traffic | ||||||
15 | offense, conservation offense, or local ordinance | ||||||
16 | offense; | ||||||
17 | (C) if convicted of a violation of the Cannabis | ||||||
18 | Control Act, Illinois Controlled Substances Act, the | ||||||
19 | Methamphetamine Control and Community Protection Act, | ||||||
20 | the Methamphetamine Precursor Control Act, or the | ||||||
21 | Methamphetamine Precursor Tracking Act unless the | ||||||
22 | petitioner has completed a drug abuse program for the | ||||||
23 | offense on which sealing is sought and provides proof | ||||||
24 | that he or she has completed the program successfully; | ||||||
25 | (D) if convicted of: | ||||||
26 | (i) a sex offense described in Article 11 or |
| |||||||
| |||||||
1 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
2 | the Criminal Code of 1961 or the Criminal Code of | ||||||
3 | 2012; | ||||||
4 | (ii) aggravated assault; | ||||||
5 | (iii) aggravated battery; | ||||||
6 | (iv) domestic battery; | ||||||
7 | (v) aggravated domestic battery; | ||||||
8 | (vi) violation of an order of protection; | ||||||
9 | (vii) an offense under the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012 involving a | ||||||
11 | firearm; | ||||||
12 | (viii) driving while under the influence of | ||||||
13 | alcohol, other drug or drugs, intoxicating | ||||||
14 | compound or compounds or any combination thereof; | ||||||
15 | (ix) aggravated driving while under the | ||||||
16 | influence of alcohol, other drug or drugs, | ||||||
17 | intoxicating compound or compounds or any | ||||||
18 | combination thereof; or | ||||||
19 | (x) any crime defined as a crime of violence | ||||||
20 | under Section 2 of the Crime Victims Compensation | ||||||
21 | Act. | ||||||
22 | If a person has applied to the Board for a certificate | ||||||
23 | of eligibility for sealing and the Board denies the | ||||||
24 | certificate, the person must wait at least 4 years before | ||||||
25 | filing again or filing for pardon from the Governor unless | ||||||
26 | the Chairman of the Prisoner Review Board grants a waiver. |
| |||||||
| |||||||
1 | The decision to issue or refrain from issuing a | ||||||
2 | certificate of eligibility for sealing shall be at the | ||||||
3 | Board's sole discretion, and shall not give rise to any | ||||||
4 | cause of action against either the Board or its members. | ||||||
5 | The Board may only authorize the sealing of Class 3 and | ||||||
6 | 4 felony convictions of the petitioner from one information | ||||||
7 | or indictment under this paragraph (10). A petitioner may | ||||||
8 | only receive one certificate of eligibility for sealing | ||||||
9 | under this provision for life; and
| ||||||
10 | (11) upon a petition by a person who after having been | ||||||
11 | convicted of a Class 3 or Class 4 felony thereafter served | ||||||
12 | in the United States Armed Forces or National Guard of this | ||||||
13 | or any other state and had received an honorable discharge | ||||||
14 | from the United States Armed Forces or National Guard or | ||||||
15 | who at the time of filing the petition is enlisted in the | ||||||
16 | United States Armed Forces or National Guard of this or any | ||||||
17 | other state and served one tour of duty and who meets the | ||||||
18 | requirements of this paragraph, hear by at least 3 members | ||||||
19 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
20 | a certificate of eligibility for expungement recommending | ||||||
21 | that the court order the expungement of all official
| ||||||
22 | records of the arresting authority, the circuit court | ||||||
23 | clerk, and the Department of State Police concerning the | ||||||
24 | arrest and conviction for the Class 3 or 4 felony. A person | ||||||
25 | may not apply to the Board for a certificate of eligibility | ||||||
26 | for expungement: |
| |||||||
| |||||||
1 | (A) if convicted of: | ||||||
2 | (i) a sex offense described in Article 11 or | ||||||
3 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
4 | the Criminal Code of 1961 or Criminal Code of 2012; | ||||||
5 | (ii) an offense under the Criminal Code of 1961 | ||||||
6 | or Criminal Code of 2012 involving a firearm; or | ||||||
7 | (iii) a crime of violence as defined in Section | ||||||
8 | 2 of the Crime Victims Compensation Act; or | ||||||
9 | (B) if the person has not served in the United | ||||||
10 | States Armed Forces or National Guard of this or any | ||||||
11 | other state or has not received an honorable discharge | ||||||
12 | from the United States Armed Forces or National Guard | ||||||
13 | of this or any other state or who at the time of the | ||||||
14 | filing of the petition is serving in the United States | ||||||
15 | Armed Forces or National Guard of this or any other | ||||||
16 | state and has not completed one tour of duty. | ||||||
17 | If a person has applied to the Board for a certificate | ||||||
18 | of eligibility for expungement and the Board denies the | ||||||
19 | certificate, the person must wait at least 4 years before | ||||||
20 | filing again or filing for a pardon with authorization for | ||||||
21 | expungement from the Governor unless the Governor or | ||||||
22 | Chairman of the Prisoner Review Board grants a waiver. | ||||||
23 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
24 | and in
coordination with the Department of Corrections and the | ||||||
25 | Department of Central
Management Services, shall implement a | ||||||
26 | pilot project in 3 correctional
institutions providing for the |
| |||||||
| |||||||
1 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
2 | (a) of this Section through interactive video conferences.
The
| ||||||
3 | project shall be implemented within 6 months after the | ||||||
4 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
5 | after the implementation of the pilot
project, the Prisoner | ||||||
6 | Review Board, with the cooperation of and in coordination
with | ||||||
7 | the Department of Corrections and the Department of Central | ||||||
8 | Management
Services, shall report to the Governor and the | ||||||
9 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
10 | future viability of interactive video
conferences for Prisoner | ||||||
11 | Review Board hearings.
| ||||||
12 | (b) Upon recommendation of the Department the Board may | ||||||
13 | restore sentence credit previously revoked.
| ||||||
14 | (c) The Board shall cooperate with the Department in | ||||||
15 | promoting an
effective system of parole and mandatory | ||||||
16 | supervised release.
| ||||||
17 | (d) The Board shall promulgate rules for the conduct of its | ||||||
18 | work,
and the Chairman shall file a copy of such rules and any | ||||||
19 | amendments
thereto with the Director and with the Secretary of | ||||||
20 | State.
| ||||||
21 | (e) The Board shall keep records of all of its official | ||||||
22 | actions and
shall make them accessible in accordance with law | ||||||
23 | and the rules of the
Board.
| ||||||
24 | (f) The Board or one who has allegedly violated the | ||||||
25 | conditions of
his or her parole, aftercare release, or | ||||||
26 | mandatory supervised release may require by subpoena the
|
| |||||||
| |||||||
1 | attendance and testimony of witnesses and the production of | ||||||
2 | documentary
evidence relating to any matter under | ||||||
3 | investigation or hearing. The
Chairman of the Board may sign | ||||||
4 | subpoenas which shall be served by any
agent or public official | ||||||
5 | authorized by the Chairman of the Board, or by
any person | ||||||
6 | lawfully authorized to serve a subpoena under the laws of the
| ||||||
7 | State of Illinois. The attendance of witnesses, and the | ||||||
8 | production of
documentary evidence, may be required from any | ||||||
9 | place in the State to a
hearing location in the State before | ||||||
10 | the Chairman of the Board or his or her
designated agent or | ||||||
11 | agents or any duly constituted Committee or
Subcommittee of the | ||||||
12 | Board. Witnesses so summoned shall be paid the same
fees and | ||||||
13 | mileage that are paid witnesses in the circuit courts of the
| ||||||
14 | State, and witnesses whose depositions are taken and the | ||||||
15 | persons taking
those depositions are each entitled to the same | ||||||
16 | fees as are paid for
like services in actions in the circuit | ||||||
17 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
18 | payment when the witness is discharged
from further attendance.
| ||||||
19 | In case of disobedience to a subpoena, the Board may | ||||||
20 | petition any
circuit court of the State for an order requiring | ||||||
21 | the attendance and
testimony of witnesses or the production of | ||||||
22 | documentary evidence or
both. A copy of such petition shall be | ||||||
23 | served by personal service or by
registered or certified mail | ||||||
24 | upon the person who has failed to obey the
subpoena, and such | ||||||
25 | person shall be advised in writing that a hearing
upon the | ||||||
26 | petition will be requested in a court room to be designated in
|
| |||||||
| |||||||
1 | such notice before the judge hearing motions or extraordinary | ||||||
2 | remedies
at a specified time, on a specified date, not less | ||||||
3 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
4 | the written notice and petition
in the U.S. mails addressed to | ||||||
5 | the person at his last known address or
after the personal | ||||||
6 | service of the copy of the notice and petition upon
such | ||||||
7 | person. The court upon the filing of such a petition, may order | ||||||
8 | the
person refusing to obey the subpoena to appear at an | ||||||
9 | investigation or
hearing, or to there produce documentary | ||||||
10 | evidence, if so ordered, or to
give evidence relative to the | ||||||
11 | subject matter of that investigation or
hearing. Any failure to | ||||||
12 | obey such order of the circuit court may be
punished by that | ||||||
13 | court as a contempt of court.
| ||||||
14 | Each member of the Board and any hearing officer designated | ||||||
15 | by the
Board shall have the power to administer oaths and to | ||||||
16 | take the testimony
of persons under oath.
| ||||||
17 | (g) Except under subsection (a) of this Section, a majority | ||||||
18 | of the
members then appointed to the Prisoner Review Board | ||||||
19 | shall constitute a
quorum for the transaction of all business | ||||||
20 | of the Board.
| ||||||
21 | (h) The Prisoner Review Board shall annually transmit to | ||||||
22 | the
Director a detailed report of its work for the preceding | ||||||
23 | calendar year.
The annual report shall also be transmitted to | ||||||
24 | the Governor for
submission to the Legislature.
| ||||||
25 | (Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14; | ||||||
26 | 98-756, eff. 7-16-14; 99-628, eff. 1-1-17 .) |
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 100-1182 ) | ||||||
2 | Sec. 3-3-2. Powers and duties.
| ||||||
3 | (a) The Parole and Pardon Board is abolished and the term | ||||||
4 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||
5 | read "Prisoner Review
Board." After the effective date of this | ||||||
6 | amendatory Act of 1977, the
Prisoner Review Board shall provide | ||||||
7 | by rule for the orderly transition of
all files, records, and | ||||||
8 | documents of the Parole and Pardon Board and for
such other | ||||||
9 | steps as may be necessary to effect an orderly transition and | ||||||
10 | shall:
| ||||||
11 | (1) hear by at least one member and through a panel of | ||||||
12 | at least 3 members
decide, cases of prisoners
who were | ||||||
13 | sentenced under the law in effect prior to the effective
| ||||||
14 | date of this amendatory Act of 1977, and who are eligible | ||||||
15 | for parole;
| ||||||
16 | (2) hear by at least one member and through a panel of | ||||||
17 | at least 3 members decide, the conditions of
parole and the | ||||||
18 | time of discharge from parole, impose sanctions for
| ||||||
19 | violations of parole, and revoke
parole for those sentenced | ||||||
20 | under the law in effect prior to this amendatory
Act of | ||||||
21 | 1977; provided that the decision to parole and the | ||||||
22 | conditions of
parole for all prisoners who were sentenced | ||||||
23 | for first degree murder or who
received a minimum sentence | ||||||
24 | of 20 years or more under the law in effect
prior to | ||||||
25 | February 1, 1978 shall be determined by a majority vote of |
| |||||||
| |||||||
1 | the
Prisoner Review Board. One representative supporting | ||||||
2 | parole and one representative opposing parole will be | ||||||
3 | allowed to speak. Their comments shall be limited to making | ||||||
4 | corrections and filling in omissions to the Board's | ||||||
5 | presentation and discussion;
| ||||||
6 | (3) hear by at least one member and through a panel of | ||||||
7 | at least 3 members decide, the conditions
of mandatory | ||||||
8 | supervised release and the time of discharge from mandatory
| ||||||
9 | supervised release, impose sanctions for violations of | ||||||
10 | mandatory
supervised release, and revoke mandatory | ||||||
11 | supervised release for those
sentenced under the law in | ||||||
12 | effect after the effective date of this
amendatory Act of | ||||||
13 | 1977;
| ||||||
14 | (3.5) hear by at least one member and through a panel | ||||||
15 | of at least 3 members decide, the conditions of mandatory | ||||||
16 | supervised release and the time of discharge from mandatory | ||||||
17 | supervised release, to impose sanctions for violations of | ||||||
18 | mandatory supervised release and revoke mandatory | ||||||
19 | supervised release for those serving extended supervised | ||||||
20 | release terms pursuant to paragraph (4) of subsection (d) | ||||||
21 | of Section 5-8-1;
| ||||||
22 | (3.6) hear by at least one member and through a panel | ||||||
23 | of at least 3 members decide whether to revoke aftercare | ||||||
24 | release for those committed to the Department of Juvenile | ||||||
25 | Justice under the Juvenile Court Act of 1987; | ||||||
26 | (4) hear by at least one member and through a panel of |
| |||||||
| |||||||
1 | at least 3
members,
decide cases brought by the Department | ||||||
2 | of Corrections against a prisoner in
the custody of the | ||||||
3 | Department for alleged violation of Department rules
with | ||||||
4 | respect to sentence credits under Section 3-6-3 of this | ||||||
5 | Code
in which the Department seeks to revoke sentence | ||||||
6 | credits, if the amount
of time at issue exceeds 30 days or | ||||||
7 | when, during any 12 month period, the
cumulative amount of | ||||||
8 | credit revoked exceeds 30 days except where the
infraction | ||||||
9 | is committed or discovered within 60 days of scheduled | ||||||
10 | release.
In such cases, the Department of Corrections may | ||||||
11 | revoke up to 30 days of
sentence credit. The Board may | ||||||
12 | subsequently approve the revocation of
additional sentence | ||||||
13 | credit, if the Department seeks to revoke sentence credit | ||||||
14 | in excess of thirty days. However, the Board shall not be
| ||||||
15 | empowered to review the Department's decision with respect | ||||||
16 | to the loss of
30 days of sentence credit for any prisoner | ||||||
17 | or to increase any penalty
beyond the length requested by | ||||||
18 | 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 | (6.5) hear by at least one member who is qualified in | ||||||
3 | the field of juvenile matters and through a panel of at | ||||||
4 | least 3 members, 2 of whom are qualified in the field of | ||||||
5 | juvenile matters, decide parole review cases in accordance | ||||||
6 | with Section 5-4.5-115 5-4.5-110 of this Code and make | ||||||
7 | release determinations of persons under the age of 21 at | ||||||
8 | the time of the commission of an offense or offenses, other | ||||||
9 | than those persons serving sentences for first degree | ||||||
10 | murder or aggravated criminal sexual assault; | ||||||
11 | (6.6) hear by at least a quorum of
the Prisoner Review | ||||||
12 | Board and decide by a majority of members present at the | ||||||
13 | hearing, in accordance with Section 5-4.5-115 5-4.5-110 of | ||||||
14 | this
Code, release determinations of persons under the age | ||||||
15 | of 21 at the
time of the commission of an offense or | ||||||
16 | offenses of those persons serving
sentences for first | ||||||
17 | degree murder or aggravated criminal sexual assault; | ||||||
18 | (7) comply with the requirements of the Open Parole | ||||||
19 | Hearings Act;
| ||||||
20 | (8) hear by at least one member and, through a panel of | ||||||
21 | at least 3
members, decide cases brought by the Department | ||||||
22 | of Corrections against a
prisoner in the custody of the | ||||||
23 | Department for court dismissal of a frivolous
lawsuit | ||||||
24 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
25 | Department seeks
to revoke up to 180 days of sentence | ||||||
26 | credit, and if the prisoner has not
accumulated 180 days of |
| |||||||
| |||||||
1 | sentence credit at the time of the dismissal, then
all | ||||||
2 | sentence credit accumulated by the prisoner shall be | ||||||
3 | revoked;
| ||||||
4 | (9) hear by at least 3 members, and, through a panel of | ||||||
5 | at least 3
members, decide whether to grant certificates of | ||||||
6 | relief from
disabilities or certificates of good conduct as | ||||||
7 | provided in Article 5.5 of
Chapter V; | ||||||
8 | (10) upon a petition by a person who has been convicted | ||||||
9 | of a Class 3 or Class 4 felony and who meets the | ||||||
10 | requirements of this paragraph, hear by at least 3 members | ||||||
11 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
12 | a certificate of eligibility for sealing recommending that | ||||||
13 | the court order the sealing of all official
records of the | ||||||
14 | arresting authority, the circuit court clerk, and the | ||||||
15 | Department of State Police concerning the arrest and | ||||||
16 | conviction for the Class 3 or 4 felony. A person may not | ||||||
17 | apply to the Board for a certificate of eligibility for | ||||||
18 | sealing: | ||||||
19 | (A) until 5 years have elapsed since the expiration | ||||||
20 | of his or her sentence; | ||||||
21 | (B) until 5 years have elapsed since any arrests or | ||||||
22 | detentions by a law enforcement officer for an alleged | ||||||
23 | violation of law, other than a petty offense, traffic | ||||||
24 | offense, conservation offense, or local ordinance | ||||||
25 | offense; | ||||||
26 | (C) if convicted of a violation of the Cannabis |
| |||||||
| |||||||
1 | Control Act, Illinois Controlled Substances Act, the | ||||||
2 | Methamphetamine Control and Community Protection Act, | ||||||
3 | the Methamphetamine Precursor Control Act, or the | ||||||
4 | Methamphetamine Precursor Tracking Act unless the | ||||||
5 | petitioner has completed a drug abuse program for the | ||||||
6 | offense on which sealing is sought and provides proof | ||||||
7 | that he or she has completed the program successfully; | ||||||
8 | (D) if convicted of: | ||||||
9 | (i) a sex offense described in Article 11 or | ||||||
10 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
11 | the Criminal Code of 1961 or the Criminal Code of | ||||||
12 | 2012; | ||||||
13 | (ii) aggravated assault; | ||||||
14 | (iii) aggravated battery; | ||||||
15 | (iv) domestic battery; | ||||||
16 | (v) aggravated domestic battery; | ||||||
17 | (vi) violation of an order of protection; | ||||||
18 | (vii) an offense under the Criminal Code of | ||||||
19 | 1961 or the Criminal Code of 2012 involving a | ||||||
20 | firearm; | ||||||
21 | (viii) driving while under the influence of | ||||||
22 | alcohol, other drug or drugs, intoxicating | ||||||
23 | compound or compounds or any combination thereof; | ||||||
24 | (ix) aggravated driving while under the | ||||||
25 | influence of alcohol, other drug or drugs, | ||||||
26 | intoxicating compound or compounds or any |
| |||||||
| |||||||
1 | combination thereof; or | ||||||
2 | (x) any crime defined as a crime of violence | ||||||
3 | under Section 2 of the Crime Victims Compensation | ||||||
4 | Act. | ||||||
5 | If a person has applied to the Board for a certificate | ||||||
6 | of eligibility for sealing and the Board denies the | ||||||
7 | certificate, the person must wait at least 4 years before | ||||||
8 | filing again or filing for pardon from the Governor unless | ||||||
9 | the Chairman of the Prisoner Review Board grants a waiver. | ||||||
10 | The decision to issue or refrain from issuing a | ||||||
11 | certificate of eligibility for sealing shall be at the | ||||||
12 | Board's sole discretion, and shall not give rise to any | ||||||
13 | cause of action against either the Board or its members. | ||||||
14 | The Board may only authorize the sealing of Class 3 and | ||||||
15 | 4 felony convictions of the petitioner from one information | ||||||
16 | or indictment under this paragraph (10). A petitioner may | ||||||
17 | only receive one certificate of eligibility for sealing | ||||||
18 | under this provision for life; and
| ||||||
19 | (11) upon a petition by a person who after having been | ||||||
20 | convicted of a Class 3 or Class 4 felony thereafter served | ||||||
21 | in the United States Armed Forces or National Guard of this | ||||||
22 | or any other state and had received an honorable discharge | ||||||
23 | from the United States Armed Forces or National Guard or | ||||||
24 | who at the time of filing the petition is enlisted in the | ||||||
25 | United States Armed Forces or National Guard of this or any | ||||||
26 | other state and served one tour of duty and who meets the |
| |||||||
| |||||||
1 | requirements of this paragraph, hear by at least 3 members | ||||||
2 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
3 | a certificate of eligibility for expungement recommending | ||||||
4 | that the court order the expungement of all official
| ||||||
5 | records of the arresting authority, the circuit court | ||||||
6 | clerk, and the Department of State Police concerning the | ||||||
7 | arrest and conviction for the Class 3 or 4 felony. A person | ||||||
8 | may not apply to the Board for a certificate of eligibility | ||||||
9 | for expungement: | ||||||
10 | (A) if convicted of: | ||||||
11 | (i) a sex offense described in Article 11 or | ||||||
12 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
13 | the Criminal Code of 1961 or Criminal Code of 2012; | ||||||
14 | (ii) an offense under the Criminal Code of 1961 | ||||||
15 | or Criminal Code of 2012 involving a firearm; or | ||||||
16 | (iii) a crime of violence as defined in Section | ||||||
17 | 2 of the Crime Victims Compensation Act; or | ||||||
18 | (B) if the person has not served in the United | ||||||
19 | States Armed Forces or National Guard of this or any | ||||||
20 | other state or has not received an honorable discharge | ||||||
21 | from the United States Armed Forces or National Guard | ||||||
22 | of this or any other state or who at the time of the | ||||||
23 | filing of the petition is serving in the United States | ||||||
24 | Armed Forces or National Guard of this or any other | ||||||
25 | state and has not completed one tour of duty. | ||||||
26 | If a person has applied to the Board for a certificate |
| |||||||
| |||||||
1 | of eligibility for expungement and the Board denies the | ||||||
2 | certificate, the person must wait at least 4 years before | ||||||
3 | filing again or filing for a pardon with authorization for | ||||||
4 | expungement from the Governor unless the Governor or | ||||||
5 | Chairman of the Prisoner Review Board grants a waiver. | ||||||
6 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
7 | and in
coordination with the Department of Corrections and the | ||||||
8 | Department of Central
Management Services, shall implement a | ||||||
9 | pilot project in 3 correctional
institutions providing for the | ||||||
10 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
11 | (a) of this Section through interactive video conferences.
The
| ||||||
12 | project shall be implemented within 6 months after the | ||||||
13 | effective date of this
amendatory Act of 1996. Within 6 months | ||||||
14 | after the implementation of the pilot
project, the Prisoner | ||||||
15 | Review Board, with the cooperation of and in coordination
with | ||||||
16 | the Department of Corrections and the Department of Central | ||||||
17 | Management
Services, shall report to the Governor and the | ||||||
18 | General Assembly regarding the
use, costs, effectiveness, and | ||||||
19 | future viability of interactive video
conferences for Prisoner | ||||||
20 | Review Board hearings.
| ||||||
21 | (b) Upon recommendation of the Department the Board may | ||||||
22 | restore sentence credit previously revoked.
| ||||||
23 | (c) The Board shall cooperate with the Department in | ||||||
24 | promoting an
effective system of parole and mandatory | ||||||
25 | supervised release.
| ||||||
26 | (d) The Board shall promulgate rules for the conduct of its |
| |||||||
| |||||||
1 | work,
and the Chairman shall file a copy of such rules and any | ||||||
2 | amendments
thereto with the Director and with the Secretary of | ||||||
3 | State.
| ||||||
4 | (e) The Board shall keep records of all of its official | ||||||
5 | actions and
shall make them accessible in accordance with law | ||||||
6 | and the rules of the
Board.
| ||||||
7 | (f) The Board or one who has allegedly violated the | ||||||
8 | conditions of
his or her parole, aftercare release, or | ||||||
9 | mandatory supervised release may require by subpoena the
| ||||||
10 | attendance and testimony of witnesses and the production of | ||||||
11 | documentary
evidence relating to any matter under | ||||||
12 | investigation or hearing. The
Chairman of the Board may sign | ||||||
13 | subpoenas which shall be served by any
agent or public official | ||||||
14 | authorized by the Chairman of the Board, or by
any person | ||||||
15 | lawfully authorized to serve a subpoena under the laws of the
| ||||||
16 | State of Illinois. The attendance of witnesses, and the | ||||||
17 | production of
documentary evidence, may be required from any | ||||||
18 | place in the State to a
hearing location in the State before | ||||||
19 | the Chairman of the Board or his or her
designated agent or | ||||||
20 | agents or any duly constituted Committee or
Subcommittee of the | ||||||
21 | Board. Witnesses so summoned shall be paid the same
fees and | ||||||
22 | mileage that are paid witnesses in the circuit courts of the
| ||||||
23 | State, and witnesses whose depositions are taken and the | ||||||
24 | persons taking
those depositions are each entitled to the same | ||||||
25 | fees as are paid for
like services in actions in the circuit | ||||||
26 | courts of the State. Fees and
mileage shall be vouchered for |
| |||||||
| |||||||
1 | payment when the witness is discharged
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 requiring | ||||||
4 | the attendance and
testimony of witnesses or the production of | ||||||
5 | documentary evidence or
both. A copy of such petition shall be | ||||||
6 | served by personal service or by
registered or certified mail | ||||||
7 | upon the person who has failed to obey the
subpoena, and such | ||||||
8 | person shall be advised in writing that a hearing
upon the | ||||||
9 | petition will be requested in a court room to be designated in
| ||||||
10 | such notice before the judge hearing motions or extraordinary | ||||||
11 | remedies
at a specified time, on a specified date, not less | ||||||
12 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
13 | the written notice and petition
in the U.S. mails addressed to | ||||||
14 | the person at his last known address or
after the personal | ||||||
15 | service of the copy of the notice and petition upon
such | ||||||
16 | person. The court upon the filing of such a petition, may order | ||||||
17 | the
person refusing to obey the subpoena to appear at an | ||||||
18 | investigation or
hearing, or to there produce documentary | ||||||
19 | evidence, if so ordered, or to
give evidence relative to the | ||||||
20 | subject matter of that investigation or
hearing. Any failure to | ||||||
21 | obey such order of the circuit court may be
punished by that | ||||||
22 | court as a contempt of court.
| ||||||
23 | Each member of the Board and any hearing officer designated | ||||||
24 | by the
Board shall have the power to administer oaths and to | ||||||
25 | take the testimony
of persons under oath.
| ||||||
26 | (g) Except under subsection (a) of this Section, a majority |
| |||||||
| |||||||
1 | of the
members then appointed to the Prisoner Review Board | ||||||
2 | shall constitute a
quorum for the transaction of all business | ||||||
3 | of the Board.
| ||||||
4 | (h) The Prisoner Review Board shall annually transmit to | ||||||
5 | the
Director a detailed report of its work for the preceding | ||||||
6 | calendar year.
The annual report shall also be transmitted to | ||||||
7 | the Governor for
submission to the Legislature.
| ||||||
8 | (Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19; | ||||||
9 | revised 4-3-19.)"; and
| ||||||
10 | by replacing line 17 on page 32 through line 4 on page 33 with | ||||||
11 | the following: | ||||||
12 | "(h) The Board shall not release any material to the | ||||||
13 | inmate, the inmate's attorney, any third party, or any other | ||||||
14 | person containing any information from a the victim or from a | ||||||
15 | person related to the victim by blood, adoption, or marriage | ||||||
16 | who has written objections, testified at any hearing, or | ||||||
17 | submitted audio or visual objections to the inmate's parole, | ||||||
18 | unless provided with a waiver from that victim objecting party . | ||||||
19 | Victim statements provided to the Board shall be confidential | ||||||
20 | and privileged, including any statements received prior to the | ||||||
21 | effective date of this amendatory Act of the 101st General | ||||||
22 | Assembly, except if the statement was an oral statement made by | ||||||
23 | the victim at a hearing open to the public. The Board shall not | ||||||
24 | release the names or addresses of any person on its victim | ||||||
25 | registry to any other person except the victim, a law |
| |||||||
| |||||||
1 | enforcement agency, or other victim notification system. | ||||||
2 | (Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14; | ||||||
3 | 98-717, eff. 1-1-15; 99-628, eff. 1-1-17.)
| ||||||
4 | (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
| ||||||
5 | (Text of Section before amendment by P.A. 100-1182 ) | ||||||
6 | Sec. 3-3-9. Violations; changes of conditions; preliminary
| ||||||
7 | hearing; revocation of parole or mandatory supervised release;
| ||||||
8 | revocation hearing. | ||||||
9 | (a) If prior to expiration or termination of the term of
| ||||||
10 | parole or mandatory supervised release, a person violates a
| ||||||
11 | condition set by the Prisoner Review Board or a condition of | ||||||
12 | parole or
mandatory supervised release under Section 3-3-7 of | ||||||
13 | this Code to govern that
term,
the Board may:
| ||||||
14 | (1) continue the existing term, with or without | ||||||
15 | modifying or
enlarging the conditions; or
| ||||||
16 | (2) parole or release the person to a half-way house; | ||||||
17 | or
| ||||||
18 | (3) revoke the parole or mandatory supervised release | ||||||
19 | and
reconfine the person for a term computed in the | ||||||
20 | following
manner:
| ||||||
21 | (i) (A) For those sentenced under the law in effect | ||||||
22 | prior to
this amendatory Act of 1977, the recommitment | ||||||
23 | shall be for any
portion of the imposed maximum term of | ||||||
24 | imprisonment or confinement
which had not been served | ||||||
25 | at the time of parole and the parole
term, less the |
| |||||||
| |||||||
1 | time elapsed between the parole of the person and
the | ||||||
2 | commission of the violation for which parole was | ||||||
3 | revoked;
| ||||||
4 | (B) Except as set forth in paragraph (C), for
those | ||||||
5 | subject to mandatory supervised release under
| ||||||
6 | paragraph (d) of Section 5-8-1 of this Code, the | ||||||
7 | recommitment
shall be for the total mandatory | ||||||
8 | supervised release term, less
the time elapsed between | ||||||
9 | the release of the person and the
commission of the | ||||||
10 | violation for which mandatory supervised
release is | ||||||
11 | revoked. The Board may also order that a prisoner
serve | ||||||
12 | up to one year of the sentence imposed by the court | ||||||
13 | which
was not served due to the accumulation of | ||||||
14 | sentence credit;
| ||||||
15 | (C) For those subject to sex offender supervision | ||||||
16 | under clause (d)(4) of Section 5-8-1 of this Code, the | ||||||
17 | reconfinement period for violations of clauses (a)(3) | ||||||
18 | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | ||||||
19 | years from the date of reconfinement;
| ||||||
20 |
(ii) the person shall be given credit against | ||||||
21 | the term of
reimprisonment or reconfinement for | ||||||
22 | time spent in custody
since he or she was paroled | ||||||
23 | or released which has not been credited
against | ||||||
24 | another sentence or period of confinement;
| ||||||
25 |
(iii) (blank);
| ||||||
26 |
(iv) this Section is subject to the release |
| |||||||
| |||||||
1 | under
supervision and the reparole and rerelease | ||||||
2 | provisions of Section
3-3-10.
| ||||||
3 | (b) The Board may revoke parole or mandatory supervised
| ||||||
4 | release for violation of a condition for the duration of the
| ||||||
5 | term and for any further period which is reasonably necessary
| ||||||
6 | for the adjudication of matters arising before its expiration.
| ||||||
7 | The issuance of a warrant of arrest for an alleged violation
of | ||||||
8 | the conditions of parole or mandatory supervised release
shall | ||||||
9 | toll the running of the term until the final determination of | ||||||
10 | the
charge. When
parole or mandatory supervised release is not | ||||||
11 | revoked
that period shall be credited to the term, unless a | ||||||
12 | community-based sanction is imposed as an alternative to | ||||||
13 | revocation and reincarceration, including a diversion | ||||||
14 | established by the Illinois Department of Corrections Parole | ||||||
15 | Services Unit prior to the holding of a preliminary parole | ||||||
16 | revocation hearing. Parolees who are diverted to a | ||||||
17 | community-based sanction shall serve the entire term of parole | ||||||
18 | or mandatory supervised release, if otherwise appropriate.
| ||||||
19 | (b-5) The Board shall revoke parole or mandatory supervised | ||||||
20 | release for violation of the conditions prescribed in paragraph | ||||||
21 | (7.6) of subsection (a) of Section 3-3-7. | ||||||
22 | (c) A person charged with violating a condition of parole | ||||||
23 | or
mandatory supervised release shall have a preliminary | ||||||
24 | hearing
before a hearing officer designated by the Board to | ||||||
25 | determine
if there is cause to hold the person for a revocation | ||||||
26 | hearing.
However, no preliminary hearing need be held when |
| |||||||
| |||||||
1 | revocation is based
upon new criminal charges and a court finds | ||||||
2 | probable cause on the new
criminal charges or when the | ||||||
3 | revocation
is based upon a new criminal conviction and a | ||||||
4 | certified copy of
that conviction is available.
| ||||||
5 | (d) Parole or mandatory supervised release shall not be
| ||||||
6 | revoked without written notice to the offender setting forth
| ||||||
7 | the violation of parole or mandatory supervised release charged
| ||||||
8 | against him or her.
| ||||||
9 | (e) A hearing on revocation shall be conducted before at
| ||||||
10 | least one member of the Prisoner Review Board. The Board may
| ||||||
11 | meet and order its actions in panels of 3 or more members.
The | ||||||
12 | action of a majority of the panel shall be the action of
the | ||||||
13 | Board. A record
of the hearing shall be made. At the hearing | ||||||
14 | the offender shall
be permitted to:
| ||||||
15 | (1) appear and answer the charge; and
| ||||||
16 | (2) bring witnesses on his or her behalf.
| ||||||
17 | (f) The Board shall either revoke parole or mandatory
| ||||||
18 | supervised release or order the person's term continued with
or | ||||||
19 | without modification or enlargement of the conditions.
| ||||||
20 | (g) Parole or mandatory supervised release shall not be
| ||||||
21 | revoked for failure to make payments under the conditions of
| ||||||
22 | parole or release unless the Board determines that such failure | ||||||
23 | is
due to the offender's willful refusal to pay.
| ||||||
24 | (Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14; | ||||||
25 | 99-628, eff. 1-1-17 .) |
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 100-1182 ) | ||||||
2 | Sec. 3-3-9. Violations; changes of conditions; preliminary
| ||||||
3 | hearing; revocation of parole or mandatory supervised release;
| ||||||
4 | revocation hearing. | ||||||
5 | (a) If prior to expiration or termination of the term of
| ||||||
6 | parole or mandatory supervised release, a person violates a
| ||||||
7 | condition set by the Prisoner Review Board or a condition of | ||||||
8 | parole or
mandatory supervised release under Section 3-3-7 of | ||||||
9 | this Code to govern that
term,
the Board may:
| ||||||
10 | (1) continue the existing term, with or without | ||||||
11 | modifying or
enlarging the conditions; or
| ||||||
12 | (1.5) for those released as a result of youthful | ||||||
13 | offender parole as set forth in Section 5-4.5-115 5-4.5-110 | ||||||
14 | of this Code, order that the inmate be subsequently | ||||||
15 | rereleased to serve a specified mandatory supervised | ||||||
16 | release term not to exceed the full term permitted under | ||||||
17 | the provisions of Section 5-4.5-115 5-4.5-110 and | ||||||
18 | subsection (d) of Section 5-8-1 of this Code and may modify | ||||||
19 | or enlarge the conditions of the release as the Board deems | ||||||
20 | proper; or | ||||||
21 | (2) parole or release the person to a half-way house; | ||||||
22 | or
| ||||||
23 | (3) revoke the parole or mandatory supervised release | ||||||
24 | and
reconfine the person for a term computed in the | ||||||
25 | following
manner:
| ||||||
26 | (i) (A) For those sentenced under the law in effect |
| |||||||
| |||||||
1 | prior to
this amendatory Act of 1977, the recommitment | ||||||
2 | shall be for any
portion of the imposed maximum term of | ||||||
3 | imprisonment or confinement
which had not been served | ||||||
4 | at the time of parole and the parole
term, less the | ||||||
5 | time elapsed between the parole of the person and
the | ||||||
6 | commission of the violation for which parole was | ||||||
7 | revoked;
| ||||||
8 | (B) Except as set forth in paragraphs (C) and (D), | ||||||
9 | for
those subject to mandatory supervised release | ||||||
10 | under
paragraph (d) of Section 5-8-1 of this Code, the | ||||||
11 | recommitment
shall be for the total mandatory | ||||||
12 | supervised release term, less
the time elapsed between | ||||||
13 | the release of the person and the
commission of the | ||||||
14 | violation for which mandatory supervised
release is | ||||||
15 | revoked. The Board may also order that a prisoner
serve | ||||||
16 | up to one year of the sentence imposed by the court | ||||||
17 | which
was not served due to the accumulation of | ||||||
18 | sentence credit;
| ||||||
19 | (C) For those subject to sex offender supervision | ||||||
20 | under clause (d)(4) of Section 5-8-1 of this Code, the | ||||||
21 | reconfinement period for violations of clauses (a)(3) | ||||||
22 | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | ||||||
23 | years from the date of reconfinement;
| ||||||
24 | (D) For those released as a result of youthful | ||||||
25 | offender parole as set forth in Section 5-4.5-115 | ||||||
26 | 5-4.5-110 of this Code, the reconfinement period shall |
| |||||||
| |||||||
1 | be for the total mandatory supervised release term, | ||||||
2 | less the time elapsed between the release of the person | ||||||
3 | and the commission of the violation for which mandatory | ||||||
4 | supervised release is revoked. The Board may also order | ||||||
5 | that a prisoner serve up to one year of the mandatory | ||||||
6 | supervised release term previously earned. The Board | ||||||
7 | may also order that the inmate be subsequently | ||||||
8 | rereleased to serve a specified mandatory supervised | ||||||
9 | release term not to exceed the full term permitted | ||||||
10 | under the provisions of Section 5-4.5-115 5-4.5-110 | ||||||
11 | and subsection (d) of Section 5-8-1 of this Code and | ||||||
12 | may modify or enlarge the conditions of the release as | ||||||
13 | the Board deems proper; | ||||||
14 |
(ii) the person shall be given credit against the | ||||||
15 | term of
reimprisonment or reconfinement for time spent | ||||||
16 | in custody
since he or she was paroled or released | ||||||
17 | which has not been credited
against another sentence or | ||||||
18 | period of confinement;
| ||||||
19 |
(iii) (blank);
| ||||||
20 |
(iv) this Section is subject to the release under
| ||||||
21 | supervision and the reparole and rerelease provisions | ||||||
22 | of Section
3-3-10.
| ||||||
23 | (b) The Board may revoke parole or mandatory supervised
| ||||||
24 | release for violation of a condition for the duration of the
| ||||||
25 | term and for any further period which is reasonably necessary
| ||||||
26 | for the adjudication of matters arising before its expiration.
|
| |||||||
| |||||||
1 | The issuance of a warrant of arrest for an alleged violation
of | ||||||
2 | the conditions of parole or mandatory supervised release
shall | ||||||
3 | toll the running of the term until the final determination of | ||||||
4 | the
charge. When
parole or mandatory supervised release is not | ||||||
5 | revoked
that period shall be credited to the term, unless a | ||||||
6 | community-based sanction is imposed as an alternative to | ||||||
7 | revocation and reincarceration, including a diversion | ||||||
8 | established by the Illinois Department of Corrections Parole | ||||||
9 | Services Unit prior to the holding of a preliminary parole | ||||||
10 | revocation hearing. Parolees who are diverted to a | ||||||
11 | community-based sanction shall serve the entire term of parole | ||||||
12 | or mandatory supervised release, if otherwise appropriate.
| ||||||
13 | (b-5) The Board shall revoke parole or mandatory supervised | ||||||
14 | release for violation of the conditions prescribed in paragraph | ||||||
15 | (7.6) of subsection (a) of Section 3-3-7. | ||||||
16 | (c) A person charged with violating a condition of parole | ||||||
17 | or
mandatory supervised release shall have a preliminary | ||||||
18 | hearing
before a hearing officer designated by the Board to | ||||||
19 | determine
if there is cause to hold the person for a revocation | ||||||
20 | hearing.
However, no preliminary hearing need be held when | ||||||
21 | revocation is based
upon new criminal charges and a court finds | ||||||
22 | probable cause on the new
criminal charges or when the | ||||||
23 | revocation
is based upon a new criminal conviction and a | ||||||
24 | certified copy of
that conviction is available.
| ||||||
25 | (d) Parole or mandatory supervised release shall not be
| ||||||
26 | revoked without written notice to the offender setting forth
|
| |||||||
| |||||||
1 | the violation of parole or mandatory supervised release charged
| ||||||
2 | against him or her.
| ||||||
3 | (e) A hearing on revocation shall be conducted before at
| ||||||
4 | least one member of the Prisoner Review Board. The Board may
| ||||||
5 | meet and order its actions in panels of 3 or more members.
The | ||||||
6 | action of a majority of the panel shall be the action of
the | ||||||
7 | Board. A record
of the hearing shall be made. At the hearing | ||||||
8 | the offender shall
be permitted to:
| ||||||
9 | (1) appear and answer the charge; and
| ||||||
10 | (2) bring witnesses on his or her behalf.
| ||||||
11 | (f) The Board shall either revoke parole or mandatory
| ||||||
12 | supervised release or order the person's term continued with
or | ||||||
13 | without modification or enlargement of the conditions.
| ||||||
14 | (g) Parole or mandatory supervised release shall not be
| ||||||
15 | revoked for failure to make payments under the conditions of
| ||||||
16 | parole or release unless the Board determines that such failure | ||||||
17 | is
due to the offender's willful refusal to pay.
| ||||||
18 | (Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19; | ||||||
19 | revised 4-3-19.)"; and
| ||||||
20 | on page 34, by replacing lines 3 through 15 with the following: | ||||||
21 | " (b-5) Victims registered with the Board shall receive | ||||||
22 | reasonable written notice not less than 30 days prior to the | ||||||
23 | executive clemency hearing date. The victim has the right to | ||||||
24 | submit a victim statement to the Prisoner Review Board for | ||||||
25 | consideration at an executive clemency hearing as provided in |
| |||||||
| |||||||
1 | subsection (c) of this Section. Victim statements provided to | ||||||
2 | the Board shall be confidential and privileged, including any | ||||||
3 | statements received prior to the effective date of this | ||||||
4 | amendatory Act of the 101st General Assembly, except if the | ||||||
5 | statement was an oral statement made by the victim at a hearing | ||||||
6 | open to the public. | ||||||
7 | (c) The Board shall, if requested and upon due notice,
give | ||||||
8 | a hearing to each application, allowing representation by
| ||||||
9 | counsel, if desired, after which it shall confidentially
advise | ||||||
10 | the Governor by a written report of its recommendations
which | ||||||
11 | shall be determined by majority vote. The written report to the | ||||||
12 | Governor shall be confidential and privileged, including any | ||||||
13 | reports made prior to the effective date of this amendatory Act | ||||||
14 | of the 101st General Assembly. The Board shall
meet to consider | ||||||
15 | such petitions no less than 4 times each
year.
| ||||||
16 | Application for executive clemency under this Section may | ||||||
17 | not be commenced
on behalf of a person who has been sentenced | ||||||
18 | to death without the written
consent of the defendant, unless | ||||||
19 | the defendant, because of a mental or
physical condition, is | ||||||
20 | incapable of asserting his or her own claim."; and | ||||||
21 | by replacing line 8 on page 35 through line 13 on page 36 with | ||||||
22 | the following: | ||||||
23 | "(730 ILCS 5/5-4.5-115) | ||||||
24 | (This Section may contain text from a Public Act with a |
| |||||||
| |||||||
1 | delayed effective date ) | ||||||
2 | Sec. 5-4.5-115 5-4.5-110 . Parole review of persons under | ||||||
3 | the age of 21 at the time of the commission of an offense. | ||||||
4 | (a) For purposes of this Section, "victim" means a victim | ||||||
5 | of a violent crime as defined in subsection (a) of Section 3 of | ||||||
6 | the Rights of Crime Victims and Witnesses Act including a | ||||||
7 | witness as defined in subsection (b) of Section 3 of the Rights | ||||||
8 | of Crime Victims and Witnesses Act; any person legally related | ||||||
9 | to the victim by blood, marriage, adoption, or guardianship; | ||||||
10 | any friend of the victim; or any concerned citizen. | ||||||
11 | (b) A person under 21 years of age at the time of the | ||||||
12 | commission of an offense or offenses, other than first degree | ||||||
13 | murder, and who is not serving a sentence for first degree | ||||||
14 | murder and who is sentenced on or after June 1, 2019 ( the | ||||||
15 | effective date of Public Act 100-1182) this amendatory Act of | ||||||
16 | the 100th General Assembly shall be eligible for parole review | ||||||
17 | by the Prisoner Review Board after serving 10 years or more of | ||||||
18 | his or her sentence or sentences, except for those serving a | ||||||
19 | sentence or sentences for: (1) aggravated criminal sexual | ||||||
20 | assault who shall be eligible for parole review by the Prisoner | ||||||
21 | Review Board after serving 20 years or more of his or her | ||||||
22 | sentence or sentences or (2) predatory criminal sexual assault | ||||||
23 | of a child who shall not be eligible for parole review by the | ||||||
24 | Prisoner Review Board under this Section. A person under 21 | ||||||
25 | years of age at the time of the commission of first degree | ||||||
26 | murder who is sentenced on or after June 1, 2019 ( the effective |
| |||||||
| |||||||
1 | date of Public Act 100-1182) this amendatory Act of the 100th | ||||||
2 | General Assembly shall be eligible for parole review by the | ||||||
3 | Prisoner Review Board after serving
20 years or more of his or | ||||||
4 | her sentence or sentences, except for those subject to a term | ||||||
5 | of natural life imprisonment under Section 5-8-1 of this Code | ||||||
6 | or any person subject to sentencing under subsection (c) of | ||||||
7 | Section 5-4.5-105 of this Code. | ||||||
8 | (c) Three years prior to becoming eligible for parole | ||||||
9 | review, the eligible person may file his or her petition for | ||||||
10 | parole review with the Prisoner Review Board.
The petition | ||||||
11 | shall include a copy of the order of commitment and sentence to | ||||||
12 | the Department of Corrections for the offense or offenses for | ||||||
13 | which review is sought. Within 30 days of receipt of this | ||||||
14 | petition, the Prisoner Review Board shall determine whether the | ||||||
15 | petition is appropriately filed, and if so, shall set a date | ||||||
16 | for parole review 3 years from receipt of the petition and | ||||||
17 | notify the Department of Corrections within 10 business days. | ||||||
18 | If the Prisoner Review Board determines that the petition is | ||||||
19 | not appropriately filed, it shall notify the petitioner in | ||||||
20 | writing, including a basis for its determination. | ||||||
21 | (d) Within 6 months of the Prisoner Review Board's | ||||||
22 | determination that the petition was appropriately filed, a | ||||||
23 | representative from the Department of Corrections shall meet | ||||||
24 | with the eligible person and
provide the inmate information | ||||||
25 | about the parole hearing process and personalized | ||||||
26 | recommendations for the inmate regarding his or her work |
| |||||||
| |||||||
1 | assignments, rehabilitative programs, and institutional | ||||||
2 | behavior. Following this meeting, the eligible person has 7 | ||||||
3 | calendar days to file a written request to the representative | ||||||
4 | from the Department of Corrections who met with the eligible | ||||||
5 | person of any additional programs and services which the | ||||||
6 | eligible person believes should be made available to prepare | ||||||
7 | the eligible person for return to the community. | ||||||
8 | (e) One year prior to the person being eligible for parole, | ||||||
9 | counsel shall be appointed by the Prisoner Review Board upon a | ||||||
10 | finding of indigency. The eligible person may waive appointed | ||||||
11 | counsel or retain his or her own counsel at his or her own | ||||||
12 | expense. | ||||||
13 | (f) Nine months prior to the hearing, the Prisoner Review | ||||||
14 | Board shall provide the eligible person, and his or her | ||||||
15 | counsel, any written documents or materials it will be | ||||||
16 | considering in making its decision unless the written documents | ||||||
17 | or materials are specifically found to: (1) include information | ||||||
18 | which, if disclosed, would damage the therapeutic relationship | ||||||
19 | between the inmate and a mental health professional; (2) | ||||||
20 | subject any person to the actual risk of physical harm; (3) | ||||||
21 | threaten the safety or security of the Department or an | ||||||
22 | institution. In accordance with Section 4.5(d)(4) of the Rights | ||||||
23 | of Crime Victims and Witnesses Act and Section 10 35 of the | ||||||
24 | Open Parole Hearings Act, victim impact statements provided to | ||||||
25 | the Board shall be confidential and privileged, including any | ||||||
26 | statements received prior to the effective date of this |
| |||||||
| |||||||
1 | amendatory Act of the 101st General Assembly, except if the | ||||||
2 | statement was an oral statement made by the victim at a hearing | ||||||
3 | open to the public. Victim statements either oral, written, | ||||||
4 | video-taped, tape recorded or made by other electronic means | ||||||
5 | shall not be considered public documents under the provisions | ||||||
6 | of the Freedom of Information Act. The inmate or his or her | ||||||
7 | attorney shall not be given a copy of the statement, but shall | ||||||
8 | be informed of the existence of a victim impact statement and | ||||||
9 | the position taken by the victim on the inmate's request for | ||||||
10 | parole. This shall not be construed to permit disclosure to an | ||||||
11 | inmate of any information which might result in the risk of | ||||||
12 | threats or physical harm to a victim. The Prisoner Review Board | ||||||
13 | shall have an ongoing duty to provide the eligible person, and | ||||||
14 | his or her counsel, with any further documents or materials | ||||||
15 | that come into its possession prior to the hearing subject to | ||||||
16 | the limitations contained in this subsection. | ||||||
17 | (g) Not less than 12 months prior to the hearing, the | ||||||
18 | Prisoner Review Board shall provide notification to the State's | ||||||
19 | Attorney of the county from which the person was committed and | ||||||
20 | written notification to the victim or family of the victim of | ||||||
21 | the scheduled hearing place, date, and approximate time. The | ||||||
22 | written notification shall contain: (1) information about
| ||||||
23 | their right to be present, appear in person at the parole | ||||||
24 | hearing, and their right to
make an oral statement and submit | ||||||
25 | information in writing, by videotape, tape
recording, or other | ||||||
26 | electronic means; (2) a toll-free number to call for further
|
| |||||||
| |||||||
1 | information about the parole review process; and (3) | ||||||
2 | information regarding
available resources, including | ||||||
3 | trauma-informed therapy, they may access. If the Board does not | ||||||
4 | have knowledge of the current address of the victim or family | ||||||
5 | of the victim, it shall notify the State's Attorney of the | ||||||
6 | county of commitment and request assistance in locating the | ||||||
7 | victim or family of the victim. Those victims or family of the | ||||||
8 | victims who advise the Board in writing that they no longer | ||||||
9 | wish to be notified shall not receive future notices. A victim | ||||||
10 | shall have the right to submit information by videotape, tape | ||||||
11 | recording, or other electronic means. The victim may submit | ||||||
12 | this material prior to or at the parole hearing. The victim | ||||||
13 | also has the right to be heard at the parole hearing. | ||||||
14 | (h) The hearing conducted by the Prisoner Review Board | ||||||
15 | shall be governed by Sections 15 and 20, subsection (f) of | ||||||
16 | Section 5, subsections subsection (a) , (a-5), (b), (b-5), and | ||||||
17 | (c) of Section 10, and subsection (d) of Section 25 , and | ||||||
18 | subsections (a), (b), and (e) of Section 35 of the Open Parole | ||||||
19 | Hearings Act and Part 1610 of Title 20 of the Illinois | ||||||
20 | Administrative Code. The eligible person has a right to be | ||||||
21 | present at the Prisoner Review Board hearing, unless the | ||||||
22 | Prisoner Review Board determines the eligible person's | ||||||
23 | presence is unduly burdensome when conducting a hearing under | ||||||
24 | paragraph (6.6) of subsection (a) of Section 3-3-2 of this | ||||||
25 | Code. If a psychological evaluation is submitted for the | ||||||
26 | Prisoner Review Board's consideration, it shall be prepared by |
| |||||||
| |||||||
1 | a person who has expertise in adolescent brain development and | ||||||
2 | behavior, and shall take into consideration the diminished | ||||||
3 | culpability of youthful offenders, the hallmark features of | ||||||
4 | youth, and any subsequent growth and increased maturity of the | ||||||
5 | person. At the hearing, the eligible person shall have the | ||||||
6 | right to make a statement on his or her own behalf. | ||||||
7 | (i) Only upon motion for good cause shall the date for the | ||||||
8 | Prisoner Review Board hearing, as set by subsection (b) of this | ||||||
9 | Section, be changed. No less than 15 days prior to the hearing, | ||||||
10 | the Prisoner Review Board shall notify the victim or victim | ||||||
11 | representative, the attorney, and the eligible person of the | ||||||
12 | exact date and time of the hearing. All hearings shall be open | ||||||
13 | to the public. | ||||||
14 | (j) The Prisoner Review Board shall not parole the eligible | ||||||
15 | person if it determines that: | ||||||
16 | (1) there is a substantial risk that the eligible | ||||||
17 | person will not conform to reasonable conditions of parole | ||||||
18 | or aftercare release; or | ||||||
19 | (2) the eligible person's release at that time would | ||||||
20 | deprecate the seriousness of his or her offense or promote | ||||||
21 | disrespect for the law; or | ||||||
22 | (3) the eligible person's release would have a | ||||||
23 | substantially adverse effect on institutional discipline. | ||||||
24 | In considering the factors affecting the release | ||||||
25 | determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner | ||||||
26 | Review Board panel shall consider the diminished culpability of |
| |||||||
| |||||||
1 | youthful offenders, the hallmark features of youth, and any | ||||||
2 | subsequent growth and maturity of the youthful offender during | ||||||
3 | incarceration. | ||||||
4 | (k) Unless denied parole under subsection (j) of this | ||||||
5 | Section and subject to the provisions of Section 3-3-9 of this | ||||||
6 | Code: (1) the eligible person serving a sentence for any | ||||||
7 | non-first degree murder offense or offenses, shall be released | ||||||
8 | on parole which shall operate to discharge any remaining term | ||||||
9 | of years sentence imposed upon him or her, notwithstanding any | ||||||
10 | required mandatory supervised release period the eligible | ||||||
11 | person is required to serve; and (2) the eligible person | ||||||
12 | serving a sentence for any first degree murder offense, shall | ||||||
13 | be released on mandatory supervised release for a period of 10 | ||||||
14 | years subject to Section 3-3-8, which shall operate to | ||||||
15 | discharge any remaining term of years sentence imposed upon him | ||||||
16 | or her, however in no event shall the eligible person serve a | ||||||
17 | period of mandatory supervised release greater than the | ||||||
18 | aggregate of the discharged underlying sentence and the | ||||||
19 | mandatory supervised release period as sent forth in Section | ||||||
20 | 5-4.5-20. | ||||||
21 | (l) If the Prisoner Review Board denies parole after | ||||||
22 | conducting the hearing under
subsection (j) of this Section, it | ||||||
23 | shall issue a written decision which states the
rationale for | ||||||
24 | denial, including the primary factors considered. This | ||||||
25 | decision shall
be provided to the eligible person and his or | ||||||
26 | her counsel within 30 days. |
| |||||||
| |||||||
1 | (m) A person denied parole under subsection (j) of this | ||||||
2 | Section, who is not
serving a sentence for either first degree | ||||||
3 | murder or aggravated criminal sexual
assault, shall be eligible | ||||||
4 | for a second parole review by the Prisoner Review Board
5 years | ||||||
5 | after the written decision under subsection (l) of this | ||||||
6 | Section; a person
denied parole under subsection (j) of this | ||||||
7 | Section, who is serving a sentence or
sentences for first | ||||||
8 | degree murder or aggravated criminal sexual assault shall be
| ||||||
9 | eligible for a second and final parole review by the Prisoner | ||||||
10 | Review Board 10
years after the written decision under | ||||||
11 | subsection (k) of this Section. The
procedures for a second | ||||||
12 | parole review shall be governed by subsections (c)
through (k) | ||||||
13 | of this Section. | ||||||
14 | (n) A person denied parole under subsection (m) of this | ||||||
15 | Section, who is not
serving a sentence for either first degree | ||||||
16 | murder or aggravated criminal sexual
assault, shall be eligible | ||||||
17 | for a third and final parole review by the Prisoner Review
| ||||||
18 | Board 5 years after the written decision under subsection (l) | ||||||
19 | of this Section. The
procedures for the third and final parole | ||||||
20 | review shall be governed by subsections
(c) through (k) of this | ||||||
21 | Section. | ||||||
22 | (o) Notwithstanding anything else to the contrary in this | ||||||
23 | Section, nothing in this Section shall be construed to delay | ||||||
24 | parole or mandatory supervised release consideration for | ||||||
25 | petitioners who are or will be eligible for release earlier | ||||||
26 | than this Section provides. Nothing in this Section shall be |
| |||||||
| |||||||
1 | construed as a limit, substitution, or bar on a person's right | ||||||
2 | to sentencing relief, or any other manner of relief, obtained | ||||||
3 | by order of a court in proceedings other than as provided in | ||||||
4 | this Section.
| ||||||
5 | (Source: P.A. 100-1182, eff. 6-1-19; revised 4-2-19.) | ||||||
6 | (730 ILCS 5/5-4.5-20) | ||||||
7 | (Text of Section before amendment by P.A. 100-1182 ) | ||||||
8 | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | ||||||
9 | degree murder: | ||||||
10 | (a) TERM. The defendant shall be sentenced to imprisonment | ||||||
11 | or, if appropriate, death under Section 9-1 of the Criminal | ||||||
12 | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | ||||||
13 | Imprisonment shall be for a determinate term of (1) not less | ||||||
14 | than 20 years and not more than 60 years; (2) not less than 60 | ||||||
15 | years and not more than 100 years when an extended term is | ||||||
16 | imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural | ||||||
17 | life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| ||||||
18 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
19 | shall not be imposed.
| ||||||
20 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
21 | or the county impact incarceration program is not an authorized | ||||||
22 | disposition.
| ||||||
23 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
24 | probation or conditional discharge shall not be imposed.
| ||||||
25 | (e) FINE. Fines may be imposed as provided in Section |
| |||||||
| |||||||
1 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
2 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
3 | concerning restitution.
| ||||||
4 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
5 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
6 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
7 | (h) DRUG COURT. Drug court is not an authorized | ||||||
8 | disposition.
| ||||||
9 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
10 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
11 | detention prior to judgment.
| ||||||
12 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
13 | for rules and regulations for sentence credit.
| ||||||
14 | (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic | ||||||
15 | monitoring and home detention are not authorized dispositions, | ||||||
16 | except in limited circumstances as provided in Section 5-8A-3 | ||||||
17 | (730 ILCS 5/5-8A-3).
| ||||||
18 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
19 | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | ||||||
20 | mandatory supervised release term shall be 3 years upon release | ||||||
21 | from imprisonment.
| ||||||
22 | (Source: P.A. 100-431, eff. 8-25-17.) | ||||||
23 | (Text of Section after amendment by P.A. 100-1182 ) | ||||||
24 | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | ||||||
25 | degree murder: |
| |||||||
| |||||||
1 | (a) TERM. The defendant shall be sentenced to imprisonment | ||||||
2 | or, if appropriate, death under Section 9-1 of the Criminal | ||||||
3 | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | ||||||
4 | Imprisonment shall be for a determinate term, subject to | ||||||
5 | Section 5-4.5-115 5-4.5-110 of this Code, of (1) not less than | ||||||
6 | 20 years and not more than 60 years; (2) not less than 60 years | ||||||
7 | and not more than 100 years when an extended term is imposed | ||||||
8 | under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as | ||||||
9 | provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| ||||||
10 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
11 | shall not be imposed.
| ||||||
12 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
13 | or the county impact incarceration program is not an authorized | ||||||
14 | disposition.
| ||||||
15 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
16 | probation or conditional discharge shall not be imposed.
| ||||||
17 | (e) FINE. Fines may be imposed as provided in Section | ||||||
18 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
19 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
20 | concerning restitution.
| ||||||
21 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
22 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
23 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
24 | (h) DRUG COURT. Drug court is not an authorized | ||||||
25 | disposition.
| ||||||
26 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 |
| |||||||
| |||||||
1 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
2 | detention prior to judgment.
| ||||||
3 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
4 | for rules and regulations for sentence credit.
| ||||||
5 | (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic | ||||||
6 | monitoring and home detention are not authorized dispositions, | ||||||
7 | except in limited circumstances as provided in Section 5-8A-3 | ||||||
8 | (730 ILCS 5/5-8A-3).
| ||||||
9 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
10 | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | ||||||
11 | mandatory supervised release term shall be 3 years upon release | ||||||
12 | from imprisonment.
| ||||||
13 | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | ||||||
14 | revised 4-3-19.) | ||||||
15 | (730 ILCS 5/5-4.5-25) | ||||||
16 | (Text of Section before amendment by P.A. 100-1182 ) | ||||||
17 | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | ||||||
18 | felony: | ||||||
19 | (a) TERM. The sentence of imprisonment shall be a | ||||||
20 | determinate sentence of not less than 6 years and not more than | ||||||
21 | 30 years. The sentence of imprisonment for an extended term | ||||||
22 | Class X felony, as provided in Section 5-8-2 (730 ILCS | ||||||
23 | 5/5-8-2), shall be not less than 30 years and not more than 60 | ||||||
24 | years.
| ||||||
25 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment |
| |||||||
| |||||||
1 | shall not be imposed.
| ||||||
2 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
3 | or the county impact incarceration program is not an authorized | ||||||
4 | disposition.
| ||||||
5 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
6 | probation or conditional discharge shall not be imposed.
| ||||||
7 | (e) FINE. Fines may be imposed as provided in Section | ||||||
8 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
9 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
10 | concerning restitution.
| ||||||
11 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
12 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
13 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
14 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
15 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
16 | program.
| ||||||
17 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
18 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
19 | detention prior to judgment.
| ||||||
20 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
21 | for rules and regulations for sentence credit.
| ||||||
22 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
23 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
24 | electronic monitoring and home detention.
| ||||||
25 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
26 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or |
| |||||||
| |||||||
1 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
2 | be 3 years upon release from imprisonment.
| ||||||
3 | (Source: P.A. 100-431, eff. 8-25-17.) | ||||||
4 | (Text of Section after amendment by P.A. 100-1182 ) | ||||||
5 | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | ||||||
6 | felony: | ||||||
7 | (a) TERM. The sentence of imprisonment shall be a | ||||||
8 | determinate sentence, subject to Section 5-4.5-115 5-4.5-110 | ||||||
9 | of this Code, of not less than 6 years and not more than 30 | ||||||
10 | years. The sentence of imprisonment for an extended term Class | ||||||
11 | X felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), | ||||||
12 | subject to Section 5-4.5-115 5-4.5-110 of this Code, shall be | ||||||
13 | not less than 30 years and not more than 60 years.
| ||||||
14 | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | ||||||
15 | shall not be imposed.
| ||||||
16 | (c) IMPACT INCARCERATION. The impact incarceration program | ||||||
17 | or the county impact incarceration program is not an authorized | ||||||
18 | disposition.
| ||||||
19 | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | ||||||
20 | probation or conditional discharge shall not be imposed.
| ||||||
21 | (e) FINE. Fines may be imposed as provided in Section | ||||||
22 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
23 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
24 | concerning restitution.
| ||||||
25 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall |
| |||||||
| |||||||
1 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
2 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
3 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
4 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
5 | program.
| ||||||
6 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
7 | ILCS 5/5-4.5-100) concerning no credit for time spent in home | ||||||
8 | detention prior to judgment.
| ||||||
9 | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | ||||||
10 | for rules and regulations for sentence credit.
| ||||||
11 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
12 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
13 | electronic monitoring and home detention.
| ||||||
14 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
15 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
16 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
17 | be 3 years upon release from imprisonment.
| ||||||
18 | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | ||||||
19 | revised 4-3-19.) | ||||||
20 | (730 ILCS 5/5-4.5-30) | ||||||
21 | (Text of Section before amendment by P.A. 100-1182 ) | ||||||
22 | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | ||||||
23 | felony: | ||||||
24 | (a) TERM. The sentence of imprisonment, other than for | ||||||
25 | second degree murder, shall be a determinate sentence of not |
| |||||||
| |||||||
1 | less than 4 years and not more than 15 years. The sentence of | ||||||
2 | imprisonment for second degree murder shall be a determinate | ||||||
3 | sentence of not less than 4 years and not more than 20 years. | ||||||
4 | The sentence of imprisonment for an extended term Class 1 | ||||||
5 | felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall | ||||||
6 | be a term not less than 15 years and not more than 30 years.
| ||||||
7 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
8 | imprisonment shall be for a definite term of from 3 to 4 years, | ||||||
9 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
10 | ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
11 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
12 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
13 | the impact incarceration program or the county impact | ||||||
14 | incarceration program.
| ||||||
15 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
16 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
17 | period of probation or conditional discharge shall not exceed 4 | ||||||
18 | years. The court shall specify the conditions of probation or | ||||||
19 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
20 | 5/5-6-3). In no case shall an offender be eligible for a | ||||||
21 | disposition of probation or conditional discharge for a Class 1 | ||||||
22 | felony committed while he or she was serving a term of | ||||||
23 | probation or conditional discharge for a felony.
| ||||||
24 | (e) FINE. Fines may be imposed as provided in Section | ||||||
25 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
26 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) |
| |||||||
| |||||||
1 | concerning restitution.
| ||||||
2 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
3 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
4 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
5 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
6 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
7 | program.
| ||||||
8 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
9 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
10 | detention prior to judgment.
| ||||||
11 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
12 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
13 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
14 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
15 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
16 | electronic monitoring and home detention.
| ||||||
17 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
18 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
19 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
20 | be 2 years upon release from imprisonment.
| ||||||
21 | (Source: P.A. 100-431, eff. 8-25-17.) | ||||||
22 | (Text of Section after amendment by P.A. 100-1182 ) | ||||||
23 | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 | ||||||
24 | felony: | ||||||
25 | (a) TERM. The sentence of imprisonment, other than for |
| |||||||
| |||||||
1 | second degree murder, shall be a determinate sentence of not | ||||||
2 | less than 4 years and not more than 15 years, subject to | ||||||
3 | Section 5-4.5-115 5-4.5-110 of this Code. The sentence of | ||||||
4 | imprisonment for second degree murder shall be a determinate | ||||||
5 | sentence of not less than 4 years and not more than 20 years, | ||||||
6 | subject to Section 5-4.5-115 5-4.5-110 of this Code. The | ||||||
7 | sentence of imprisonment for an extended term Class 1 felony, | ||||||
8 | as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to | ||||||
9 | Section 5-4.5-115 5-4.5-110 of this Code, shall be a term not | ||||||
10 | less than 15 years and not more than 30 years.
| ||||||
11 | (b) PERIODIC IMPRISONMENT. A sentence of periodic | ||||||
12 | imprisonment shall be for a definite term of from 3 to 4 years, | ||||||
13 | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | ||||||
14 | ILCS 5/5-5-3 or 5/5-7-1).
| ||||||
15 | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | ||||||
16 | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | ||||||
17 | the impact incarceration program or the county impact | ||||||
18 | incarceration program.
| ||||||
19 | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | ||||||
20 | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | ||||||
21 | period of probation or conditional discharge shall not exceed 4 | ||||||
22 | years. The court shall specify the conditions of probation or | ||||||
23 | conditional discharge as set forth in Section 5-6-3 (730 ILCS | ||||||
24 | 5/5-6-3). In no case shall an offender be eligible for a | ||||||
25 | disposition of probation or conditional discharge for a Class 1 | ||||||
26 | felony committed while he or she was serving a term of |
| |||||||
| |||||||
1 | probation or conditional discharge for a felony.
| ||||||
2 | (e) FINE. Fines may be imposed as provided in Section | ||||||
3 | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| ||||||
4 | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | ||||||
5 | concerning restitution.
| ||||||
6 | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | ||||||
7 | be concurrent or consecutive as provided in Section 5-8-4 (730 | ||||||
8 | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| ||||||
9 | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | ||||||
10 | Act (730 ILCS 166/20) concerning eligibility for a drug court | ||||||
11 | program.
| ||||||
12 | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | ||||||
13 | ILCS 5/5-4.5-100) concerning credit for time spent in home | ||||||
14 | detention prior to judgment.
| ||||||
15 | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | ||||||
16 | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | ||||||
17 | (730 ILCS 130/) for rules and regulations for sentence credit.
| ||||||
18 | (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section | ||||||
19 | 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for | ||||||
20 | electronic monitoring and home detention.
| ||||||
21 | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | ||||||
22 | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | ||||||
23 | 5/5-8-1), the parole or mandatory supervised release term shall | ||||||
24 | be 2 years upon release from imprisonment.
| ||||||
25 | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | ||||||
26 | revised 4-3-19.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
2 | (Text of Section before amendment by P.A. 100-1182 )
| ||||||
3 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
4 | use of a firearm; mandatory supervised release terms.
| ||||||
5 | (a) Except as otherwise provided in the statute defining | ||||||
6 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
7 | imprisonment for a felony shall be a determinate sentence set | ||||||
8 | by
the court under this Section, according to the following | ||||||
9 | limitations:
| ||||||
10 | (1) for first degree murder,
| ||||||
11 | (a) (blank),
| ||||||
12 | (b) if a trier of fact finds beyond a reasonable
| ||||||
13 | doubt that the murder was accompanied by exceptionally
| ||||||
14 | brutal or heinous behavior indicative of wanton | ||||||
15 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
16 | of this Section, that any of the aggravating factors
| ||||||
17 | listed in subsection (b) or (b-5) of Section 9-1 of the | ||||||
18 | Criminal Code of 1961 or the Criminal Code of 2012 are
| ||||||
19 | present, the court may sentence the defendant, subject | ||||||
20 | to Section 5-4.5-105, to a term of natural life
| ||||||
21 | imprisonment, or
| ||||||
22 | (c) the court shall sentence the defendant to a | ||||||
23 | term of natural life
imprisonment if the defendant, at | ||||||
24 | the time of the commission of the murder, had attained | ||||||
25 | the age of 18, and
|
| |||||||
| |||||||
1 | (i) has previously been convicted of first | ||||||
2 | degree murder under
any state or federal law, or
| ||||||
3 | (ii) is found guilty of murdering more
than one | ||||||
4 | victim, or
| ||||||
5 | (iii) is found guilty of murdering a peace | ||||||
6 | officer, fireman, or emergency management worker | ||||||
7 | when
the peace officer, fireman, or emergency | ||||||
8 | management worker was killed in the course of | ||||||
9 | performing his
official duties, or to prevent the | ||||||
10 | peace officer or fireman from
performing his | ||||||
11 | official duties, or in retaliation for the peace | ||||||
12 | officer,
fireman, or emergency management worker | ||||||
13 | from performing his official duties, and the | ||||||
14 | defendant knew or should
have known that the | ||||||
15 | murdered individual was a peace officer, fireman, | ||||||
16 | or emergency management worker, or
| ||||||
17 | (iv) is found guilty of murdering an employee | ||||||
18 | of an institution or
facility of the Department of | ||||||
19 | Corrections, or any similar local
correctional | ||||||
20 | agency, when the employee was killed in the course | ||||||
21 | of
performing his official duties, or to prevent | ||||||
22 | the employee from performing
his official duties, | ||||||
23 | or in retaliation for the employee performing his
| ||||||
24 | official duties, or
| ||||||
25 | (v) is found guilty of murdering an emergency | ||||||
26 | medical
technician - ambulance, emergency medical |
| |||||||
| |||||||
1 | technician - intermediate, emergency
medical | ||||||
2 | technician - paramedic, ambulance driver or other | ||||||
3 | medical assistance or
first aid person while | ||||||
4 | employed by a municipality or other governmental | ||||||
5 | unit
when the person was killed in the course of | ||||||
6 | performing official duties or
to prevent the | ||||||
7 | person from performing official duties or in | ||||||
8 | retaliation
for performing official duties and the | ||||||
9 | defendant knew or should have known
that the | ||||||
10 | murdered individual was an emergency medical | ||||||
11 | technician - ambulance,
emergency medical | ||||||
12 | technician - intermediate, emergency medical
| ||||||
13 | technician - paramedic, ambulance driver, or other | ||||||
14 | medical
assistant or first aid personnel, or
| ||||||
15 | (vi) (blank), or
| ||||||
16 | (vii) is found guilty of first degree murder | ||||||
17 | and the murder was
committed by reason of any | ||||||
18 | person's activity as a community policing | ||||||
19 | volunteer
or to prevent any person from engaging in | ||||||
20 | activity as a community policing
volunteer. For | ||||||
21 | the purpose of this Section, "community policing | ||||||
22 | volunteer"
has the meaning ascribed to it in | ||||||
23 | Section 2-3.5 of the Criminal Code of 2012.
| ||||||
24 | For purposes of clause (v), "emergency medical | ||||||
25 | technician - ambulance",
"emergency medical technician - | ||||||
26 | intermediate", "emergency medical technician -
|
| |||||||
| |||||||
1 | paramedic", have the meanings ascribed to them in the | ||||||
2 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
3 | (d) (i) if the person committed the offense while | ||||||
4 | armed with a
firearm, 15 years shall be added to | ||||||
5 | the term of imprisonment imposed by the
court;
| ||||||
6 | (ii) if, during the commission of the offense, | ||||||
7 | the person
personally discharged a firearm, 20 | ||||||
8 | years shall be added to the term of
imprisonment | ||||||
9 | imposed by the court;
| ||||||
10 | (iii) if, during the commission of the | ||||||
11 | offense, the person
personally discharged a | ||||||
12 | firearm that proximately caused great bodily harm,
| ||||||
13 | permanent disability, permanent disfigurement, or | ||||||
14 | death to another person, 25
years or up to a term | ||||||
15 | of natural life shall be added to the term of
| ||||||
16 | imprisonment imposed by the court.
| ||||||
17 | (2) (blank);
| ||||||
18 | (2.5) for a person who has attained the age of 18 years
| ||||||
19 | at the time of the commission of the offense and
who is | ||||||
20 | convicted under the circumstances described in subdivision | ||||||
21 | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection | ||||||
22 | (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | ||||||
23 | or paragraph (2) of subsection
(d) of Section 12-14, | ||||||
24 | subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | ||||||
25 | of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | ||||||
26 | Section 11-1.40 or paragraph (2) of subsection (b) of |
| |||||||
| |||||||
1 | Section 12-14.1
of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012, the sentence shall be a term of | ||||||
3 | natural life
imprisonment.
| ||||||
4 | (b) (Blank).
| ||||||
5 | (c) (Blank).
| ||||||
6 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
7 | parole or mandatory
supervised release term shall be written as | ||||||
8 | part of the sentencing order and shall be as follows:
| ||||||
9 | (1) for first degree murder or a Class X felony except | ||||||
10 | for the offenses of predatory criminal sexual assault of a | ||||||
11 | child, aggravated criminal sexual assault, and criminal | ||||||
12 | sexual assault if committed on or after the effective date | ||||||
13 | of this amendatory Act of the 94th General Assembly and | ||||||
14 | except for the offense of aggravated child pornography | ||||||
15 | under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||||||
16 | sentencing under subsection (c-5) of Section 11-20.1 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
18 | committed on or after January 1, 2009, 3 years;
| ||||||
19 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
20 | the offense of criminal sexual assault if committed on or | ||||||
21 | after the effective date of this amendatory Act of the 94th | ||||||
22 | General Assembly and except for the offenses of manufacture | ||||||
23 | and dissemination of child pornography under clauses | ||||||
24 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
25 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
26 | after January 1, 2009, 2 years;
|
| |||||||
| |||||||
1 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| ||||||
2 | (4) for defendants who commit the offense of predatory | ||||||
3 | criminal sexual assault of a child, aggravated criminal | ||||||
4 | sexual assault, or criminal sexual assault, on or after the | ||||||
5 | effective date of this amendatory Act of the 94th General | ||||||
6 | Assembly, or who commit the offense of aggravated child | ||||||
7 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
8 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
9 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
10 | manufacture of child pornography, or dissemination of | ||||||
11 | child pornography after January 1, 2009, the term of | ||||||
12 | mandatory supervised release shall range from a minimum of | ||||||
13 | 3 years to a maximum of the natural life of the defendant;
| ||||||
14 | (5) if the victim is under 18 years of age, for a | ||||||
15 | second or subsequent
offense of aggravated criminal sexual | ||||||
16 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
17 | the first 2 years of which the defendant shall serve in an
| ||||||
18 | electronic monitoring or home detention program under | ||||||
19 | Article 8A of Chapter V of this Code;
| ||||||
20 | (6) for a felony domestic battery, aggravated domestic | ||||||
21 | battery, stalking, aggravated stalking, and a felony | ||||||
22 | violation of an order of protection, 4 years. | ||||||
23 | (e) (Blank).
| ||||||
24 | (f) (Blank).
| ||||||
25 | (Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431, | ||||||
26 | eff. 8-25-17.) |
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 100-1182 )
| ||||||
2 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
3 | use of a firearm; mandatory supervised release terms.
| ||||||
4 | (a) Except as otherwise provided in the statute defining | ||||||
5 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
6 | imprisonment for a felony shall be a determinate sentence set | ||||||
7 | by
the court under this Section, subject to Section 5-4.5-115 | ||||||
8 | 5-4.5-110 of this Code, according to the following limitations:
| ||||||
9 | (1) for first degree murder,
| ||||||
10 | (a) (blank),
| ||||||
11 | (b) if a trier of fact finds beyond a reasonable
| ||||||
12 | doubt that the murder was accompanied by exceptionally
| ||||||
13 | brutal or heinous behavior indicative of wanton | ||||||
14 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
15 | of this Section, that any of the aggravating factors
| ||||||
16 | listed in subsection (b) or (b-5) of Section 9-1 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012 are
| ||||||
18 | present, the court may sentence the defendant, subject | ||||||
19 | to Section 5-4.5-105, to a term of natural life
| ||||||
20 | imprisonment, or
| ||||||
21 | (c) the court shall sentence the defendant to a | ||||||
22 | term of natural life
imprisonment if the defendant, at | ||||||
23 | the time of the commission of the murder, had attained | ||||||
24 | the age of 18, and
| ||||||
25 | (i) has previously been convicted of first |
| |||||||
| |||||||
1 | degree murder under
any state or federal law, or
| ||||||
2 | (ii) is found guilty of murdering more
than one | ||||||
3 | victim, or
| ||||||
4 | (iii) is found guilty of murdering a peace | ||||||
5 | officer, fireman, or emergency management worker | ||||||
6 | when
the peace officer, fireman, or emergency | ||||||
7 | management worker was killed in the course of | ||||||
8 | performing his
official duties, or to prevent the | ||||||
9 | peace officer or fireman from
performing his | ||||||
10 | official duties, or in retaliation for the peace | ||||||
11 | officer,
fireman, or emergency management worker | ||||||
12 | from performing his official duties, and the | ||||||
13 | defendant knew or should
have known that the | ||||||
14 | murdered individual was a peace officer, fireman, | ||||||
15 | or emergency management worker, or
| ||||||
16 | (iv) is found guilty of murdering an employee | ||||||
17 | of an institution or
facility of the Department of | ||||||
18 | Corrections, or any similar local
correctional | ||||||
19 | agency, when the employee was killed in the course | ||||||
20 | of
performing his official duties, or to prevent | ||||||
21 | the employee from performing
his official duties, | ||||||
22 | or in retaliation for the employee performing his
| ||||||
23 | official duties, or
| ||||||
24 | (v) is found guilty of murdering an emergency | ||||||
25 | medical
technician - ambulance, emergency medical | ||||||
26 | technician - intermediate, emergency
medical |
| |||||||
| |||||||
1 | technician - paramedic, ambulance driver or other | ||||||
2 | medical assistance or
first aid person while | ||||||
3 | employed by a municipality or other governmental | ||||||
4 | unit
when the person was killed in the course of | ||||||
5 | performing official duties or
to prevent the | ||||||
6 | person from performing official duties or in | ||||||
7 | retaliation
for performing official duties and the | ||||||
8 | defendant knew or should have known
that the | ||||||
9 | murdered individual was an emergency medical | ||||||
10 | technician - ambulance,
emergency medical | ||||||
11 | technician - intermediate, emergency medical
| ||||||
12 | technician - paramedic, ambulance driver, or other | ||||||
13 | medical
assistant or first aid personnel, or
| ||||||
14 | (vi) (blank), or
| ||||||
15 | (vii) is found guilty of first degree murder | ||||||
16 | and the murder was
committed by reason of any | ||||||
17 | person's activity as a community policing | ||||||
18 | volunteer
or to prevent any person from engaging in | ||||||
19 | activity as a community policing
volunteer. For | ||||||
20 | the purpose of this Section, "community policing | ||||||
21 | volunteer"
has the meaning ascribed to it in | ||||||
22 | Section 2-3.5 of the Criminal Code of 2012.
| ||||||
23 | For purposes of clause (v), "emergency medical | ||||||
24 | technician - ambulance",
"emergency medical technician - | ||||||
25 | intermediate", "emergency medical technician -
| ||||||
26 | paramedic", have the meanings ascribed to them in the |
| |||||||
| |||||||
1 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
2 | (d) (i) if the person committed the offense while | ||||||
3 | armed with a
firearm, 15 years shall be added to | ||||||
4 | the term of imprisonment imposed by the
court;
| ||||||
5 | (ii) if, during the commission of the offense, | ||||||
6 | the person
personally discharged a firearm, 20 | ||||||
7 | years shall be added to the term of
imprisonment | ||||||
8 | imposed by the court;
| ||||||
9 | (iii) if, during the commission of the | ||||||
10 | offense, the person
personally discharged a | ||||||
11 | firearm that proximately caused great bodily harm,
| ||||||
12 | permanent disability, permanent disfigurement, or | ||||||
13 | death to another person, 25
years or up to a term | ||||||
14 | of natural life shall be added to the term of
| ||||||
15 | imprisonment imposed by the court.
| ||||||
16 | (2) (blank);
| ||||||
17 | (2.5) for a person who has attained the age of 18 years
| ||||||
18 | at the time of the commission of the offense and
who is | ||||||
19 | convicted under the circumstances described in subdivision | ||||||
20 | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection | ||||||
21 | (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | ||||||
22 | or paragraph (2) of subsection
(d) of Section 12-14, | ||||||
23 | subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | ||||||
24 | of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | ||||||
25 | Section 11-1.40 or paragraph (2) of subsection (b) of | ||||||
26 | Section 12-14.1
of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012, the sentence shall be a term of | ||||||
2 | natural life
imprisonment.
| ||||||
3 | (b) (Blank).
| ||||||
4 | (c) (Blank).
| ||||||
5 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
6 | parole or mandatory
supervised release term shall be written as | ||||||
7 | part of the sentencing order and shall be as follows:
| ||||||
8 | (1) for first degree murder or a Class X felony except | ||||||
9 | for the offenses of predatory criminal sexual assault of a | ||||||
10 | child, aggravated criminal sexual assault, and criminal | ||||||
11 | sexual assault if committed on or after the effective date | ||||||
12 | of this amendatory Act of the 94th General Assembly and | ||||||
13 | except for the offense of aggravated child pornography | ||||||
14 | under Section 11-20.1B, 11-20.3, or 11-20.1 with | ||||||
15 | sentencing under subsection (c-5) of Section 11-20.1 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
17 | committed on or after January 1, 2009, 3 years;
| ||||||
18 | (2) for a Class 1 felony or a Class 2 felony except for | ||||||
19 | the offense of criminal sexual assault if committed on or | ||||||
20 | after the effective date of this amendatory Act of the 94th | ||||||
21 | General Assembly and except for the offenses of manufacture | ||||||
22 | and dissemination of child pornography under clauses | ||||||
23 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
24 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
25 | after January 1, 2009, 2 years;
| ||||||
26 | (3) for a Class 3 felony or a Class 4 felony, 1 year;
|
| |||||||
| |||||||
1 | (4) for defendants who commit the offense of predatory | ||||||
2 | criminal sexual assault of a child, aggravated criminal | ||||||
3 | sexual assault, or criminal sexual assault, on or after the | ||||||
4 | effective date of this amendatory Act of the 94th General | ||||||
5 | Assembly, or who commit the offense of aggravated child | ||||||
6 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
7 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
9 | manufacture of child pornography, or dissemination of | ||||||
10 | child pornography after January 1, 2009, the term of | ||||||
11 | mandatory supervised release shall range from a minimum of | ||||||
12 | 3 years to a maximum of the natural life of the defendant;
| ||||||
13 | (5) if the victim is under 18 years of age, for a | ||||||
14 | second or subsequent
offense of aggravated criminal sexual | ||||||
15 | abuse or felony criminal sexual abuse,
4 years, at least | ||||||
16 | the first 2 years of which the defendant shall serve in an
| ||||||
17 | electronic monitoring or home detention program under | ||||||
18 | Article 8A of Chapter V of this Code;
| ||||||
19 | (6) for a felony domestic battery, aggravated domestic | ||||||
20 | battery, stalking, aggravated stalking, and a felony | ||||||
21 | violation of an order of protection, 4 years. | ||||||
22 | (e) (Blank).
| ||||||
23 | (f) (Blank).
| ||||||
24 | (Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431, | ||||||
25 | eff. 8-25-17; 100-1182, eff. 6-1-19; revised 4-3-19.) |
| |||||||
| |||||||
1 | Section 15. The Open Parole Hearings Act is amended by | ||||||
2 | changing Sections 10 and 25 as follows:
| ||||||
3 | (730 ILCS 105/10) (from Ch. 38, par. 1660)
| ||||||
4 | Sec. 10. Victim Victim's statements.
| ||||||
5 | (a) The Board shall receive and consider victim statements. | ||||||
6 | (a-5) Pursuant to paragraph (19) of subsection (b) of | ||||||
7 | Section 4.5 of the Rights of Crime Victims and Witnesses Act | ||||||
8 | Upon request of the victim , the State's Attorney shall forward | ||||||
9 | a
copy of any statement presented at the time of trial to the | ||||||
10 | Prisoner Review
Board to be considered at the time of a parole | ||||||
11 | hearing.
| ||||||
12 | (b) The victim has the right to submit a victim statement | ||||||
13 | for consideration by the Prisoner Review Board in writing, on | ||||||
14 | film, videotape, or other electronic means, or in the form of a | ||||||
15 | recording prior to the parole hearing, or orally at the parole | ||||||
16 | hearing, or by calling the toll-free number established in | ||||||
17 | subsection (f) of Section 4.5 of the Rights of Crime Victims | ||||||
18 | and Witnesses Act. Victim statements shall not be considered | ||||||
19 | public documents under provisions of the Freedom of Information | ||||||
20 | Act. | ||||||
21 | (b-5) Other than as provided in subsection (c), the Board | ||||||
22 | shall not release any material to the inmate, the inmate's | ||||||
23 | attorney, any third party, or any other person that contains | ||||||
24 | any information from a victim who has provided a victim | ||||||
25 | statement to the Board, unless provided with a waiver from that |
| |||||||
| |||||||
1 | victim. The Board shall not release the names or addresses of | ||||||
2 | any person on its victim registry to any other person except | ||||||
3 | the victim, a law enforcement agency, or other victim | ||||||
4 | notification system. Victim statements provided to the Board | ||||||
5 | shall be confidential and privileged, including any statements | ||||||
6 | received prior to the effective date of this amendatory Act of | ||||||
7 | the 101st General Assembly, except if the statement was an oral | ||||||
8 | statement made by the victim at a hearing open to the public. | ||||||
9 | (c) The inmate or his or her attorney shall be informed of | ||||||
10 | the existence of a victim statement and its contents under | ||||||
11 | provisions of Board rules. This shall not be construed to | ||||||
12 | permit disclosure to an inmate of any information which might | ||||||
13 | result in the risk of threats or physical harm to a victim or | ||||||
14 | complaining witness. | ||||||
15 | (d) The inmate shall be given the opportunity to answer a | ||||||
16 | victim statement, either orally or in writing. | ||||||
17 | (e) All victim statements, except if the statement was an | ||||||
18 | oral statement made by the victim at a hearing open to the | ||||||
19 | public, shall be part of the applicant's, releasee's, or | ||||||
20 | parolee's parole file. The victim may enter a statement either | ||||||
21 | oral, written, on video
tape, or other electronic means in the | ||||||
22 | form and manner described by the
Prisoner Review Board to be | ||||||
23 | considered at the time of a parole consideration
hearing.
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24 | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
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25 | (730 ILCS 105/25) (from Ch. 38, par. 1675)
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1 | Sec. 25. Notification of future parole hearings.
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2 | (a) The Board shall notify the State's Attorney of the | ||||||
3 | committing county
of the pending hearing and the victim of all | ||||||
4 | forthcoming parole hearings at
least 15 days in advance. | ||||||
5 | Written notification shall contain:
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6 | (1) notification of the place of the hearing;
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7 | (2) the date and approximate time of the hearing;
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8 | (3) their right to enter a statement, to appear in | ||||||
9 | person, and to
submit other information by video tape, tape | ||||||
10 | recording, or other electronic
means in the form and manner | ||||||
11 | described by the Board
or if a victim of a violent crime as | ||||||
12 | defined in
subsection (c) of Section 3 of the Rights of | ||||||
13 | Crime Victims and Witnesses Act,
by calling the toll-free | ||||||
14 | number established in subsection (f) of Section 4.5 of the | ||||||
15 | Rights of Crime Victims and Witnesses Act subsection (f) of | ||||||
16 | that
Section .
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17 | Notification to the victims shall be at the last known | ||||||
18 | address of the
victim. It shall be the responsibility of the | ||||||
19 | victim to notify the board of
any changes in address and name.
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20 | (b) However, at any time the victim may request by a | ||||||
21 | written certified
statement that the Prisoner Review Board stop | ||||||
22 | sending notice under this
Section.
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23 | (c) (Blank).
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24 | (d) No later than 7 days after a parole hearing the Board | ||||||
25 | shall send
notice of its decision to the State's Attorney and | ||||||
26 | victim. If parole is
denied, the Board shall within a |
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1 | reasonable period of time notify the
victim of the month and | ||||||
2 | year of the next scheduled hearing.
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3 | (Source: P.A. 93-235, eff. 7-22-03.)"; and
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4 | on page 36, line 14, by replacing "(Source: P.A. 97-299, eff. | ||||||
5 | 8-11-11; 98-558, eff. 1-1-14.)" with the following: | ||||||
6 | |||||||
7 | "(730 ILCS 105/35 rep.) | ||||||
8 | Section 20. The Open Parole Hearings Act is amended by | ||||||
9 | repealing Section 35. | ||||||
10 | Section 95. No acceleration or delay. Where this Act makes | ||||||
11 | changes in a statute that is represented in this Act by text | ||||||
12 | that is not yet or no longer in effect (for example, a Section | ||||||
13 | represented by multiple versions), the use of that text does | ||||||
14 | not accelerate or delay the taking effect of (i) the changes | ||||||
15 | made by this Act or (ii) provisions derived from any other | ||||||
16 | Public Act.".
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