101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5670

 

Introduced , by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/5-4.5-115

    Amends the Unified Code of Corrections. Provides that a person under 21 years of age at the time of the commission of the offense of predatory criminal sexual assault of a child is eligible (rather than not eligible) for parole review by the Prisoner Review Board after serving 20 years or more of his or her sentence or sentences. Provides that a person who was under the age of 21 and is serving a sentence for first degree murder or a term of natural life imprisonment shall be eligible for parole review by the Prisoner Review Board after serving 40 years or more of his or her sentence or sentences.


LRB101 17822 RLC 67254 b

 

 

A BILL FOR

 

HB5670LRB101 17822 RLC 67254 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Section 5-4.5-115 as follows:
 
6    (730 ILCS 5/5-4.5-115)
7    Sec. 5-4.5-115. Parole review of persons under the age of
821 at the time of the commission of an offense.
9    (a) For purposes of this Section, "victim" means a victim
10of a violent crime as defined in subsection (a) of Section 3 of
11the Rights of Crime Victims and Witnesses Act including a
12witness as defined in subsection (b) of Section 3 of the Rights
13of Crime Victims and Witnesses Act; any person legally related
14to the victim by blood, marriage, adoption, or guardianship;
15any friend of the victim; or any concerned citizen.
16    (b) A person under 21 years of age at the time of the
17commission of an offense or offenses, other than first degree
18murder, and who is not serving a sentence for first degree
19murder and who is sentenced on or after June 1, 2019 (the
20effective date of Public Act 100-1182) shall be eligible for
21parole review by the Prisoner Review Board after serving 10
22years or more of his or her sentence or sentences, except for
23those serving a sentence or sentences for: (1) aggravated

 

 

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1criminal sexual assault or predatory criminal sexual assault of
2a child, who shall be eligible for parole review by the
3Prisoner Review Board after serving 20 years or more of his or
4her sentence or sentences or (2) predatory criminal sexual
5assault of a child who shall not be eligible for parole review
6by the Prisoner Review Board under this Section. A person under
721 years of age at the time of the commission of first degree
8murder who is sentenced on or after June 1, 2019 (the effective
9date of Public Act 100-1182) shall be eligible for parole
10review by the Prisoner Review Board after serving 20 years or
11more of his or her sentence or sentences, except for those
12subject to a term of natural life imprisonment under Section
135-8-1 of this Code or any person subject to sentencing under
14subsection (c) of Section 5-4.5-105 of this Code, who shall be
15eligible for parole review by the Prisoner Review Board after
16serving 40 years or more of his or her sentence or sentences.
17    (c) Three years prior to becoming eligible for parole
18review, the eligible person may file his or her petition for
19parole review with the Prisoner Review Board. The petition
20shall include a copy of the order of commitment and sentence to
21the Department of Corrections for the offense or offenses for
22which review is sought. Within 30 days of receipt of this
23petition, the Prisoner Review Board shall determine whether the
24petition is appropriately filed, and if so, shall set a date
25for parole review 3 years from receipt of the petition and
26notify the Department of Corrections within 10 business days.

 

 

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1If the Prisoner Review Board determines that the petition is
2not appropriately filed, it shall notify the petitioner in
3writing, including a basis for its determination.
4    (d) Within 6 months of the Prisoner Review Board's
5determination that the petition was appropriately filed, a
6representative from the Department of Corrections shall meet
7with the eligible person and provide the inmate information
8about the parole hearing process and personalized
9recommendations for the inmate regarding his or her work
10assignments, rehabilitative programs, and institutional
11behavior. Following this meeting, the eligible person has 7
12calendar days to file a written request to the representative
13from the Department of Corrections who met with the eligible
14person of any additional programs and services which the
15eligible person believes should be made available to prepare
16the eligible person for return to the community.
17    (e) One year prior to the person being eligible for parole,
18counsel shall be appointed by the Prisoner Review Board upon a
19finding of indigency. The eligible person may waive appointed
20counsel or retain his or her own counsel at his or her own
21expense.
22    (f) Nine months prior to the hearing, the Prisoner Review
23Board shall provide the eligible person, and his or her
24counsel, any written documents or materials it will be
25considering in making its decision unless the written documents
26or materials are specifically found to: (1) include information

 

 

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1which, if disclosed, would damage the therapeutic relationship
2between the inmate and a mental health professional; (2)
3subject any person to the actual risk of physical harm; (3)
4threaten the safety or security of the Department or an
5institution. In accordance with Section 4.5(d)(4) of the Rights
6of Crime Victims and Witnesses Act and Section 10 of the Open
7Parole Hearings Act, victim statements provided to the Board
8shall be confidential and privileged, including any statements
9received prior to the effective date of this amendatory Act of
10the 101st General Assembly, except if the statement was an oral
11statement made by the victim at a hearing open to the public.
12Victim statements shall not be considered public documents
13under the provisions of the Freedom of Information Act. The
14inmate or his or her attorney shall not be given a copy of the
15statement, but shall be informed of the existence of a victim
16statement and the position taken by the victim on the inmate's
17request for parole. This shall not be construed to permit
18disclosure to an inmate of any information which might result
19in the risk of threats or physical harm to a victim. The
20Prisoner Review Board shall have an ongoing duty to provide the
21eligible person, and his or her counsel, with any further
22documents or materials that come into its possession prior to
23the hearing subject to the limitations contained in this
24subsection.
25    (g) Not less than 12 months prior to the hearing, the
26Prisoner Review Board shall provide notification to the State's

 

 

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1Attorney of the county from which the person was committed and
2written notification to the victim or family of the victim of
3the scheduled hearing place, date, and approximate time. The
4written notification shall contain: (1) information about
5their right to be present, appear in person at the parole
6hearing, and their right to make an oral statement and submit
7information in writing, by videotape, tape recording, or other
8electronic means; (2) a toll-free number to call for further
9information about the parole review process; and (3)
10information regarding available resources, including
11trauma-informed therapy, they may access. If the Board does not
12have knowledge of the current address of the victim or family
13of the victim, it shall notify the State's Attorney of the
14county of commitment and request assistance in locating the
15victim or family of the victim. Those victims or family of the
16victims who advise the Board in writing that they no longer
17wish to be notified shall not receive future notices. A victim
18shall have the right to submit information by videotape, tape
19recording, or other electronic means. The victim may submit
20this material prior to or at the parole hearing. The victim
21also has the right to be heard at the parole hearing.
22    (h) The hearing conducted by the Prisoner Review Board
23shall be governed by Sections 15 and 20, subsection (f) of
24Section 5, subsections (a), (a-5), (b), (b-5), and (c) of
25Section 10, and subsection (d) of Section 25 of the Open Parole
26Hearings Act and Part 1610 of Title 20 of the Illinois

 

 

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1Administrative Code. The eligible person has a right to be
2present at the Prisoner Review Board hearing, unless the
3Prisoner Review Board determines the eligible person's
4presence is unduly burdensome when conducting a hearing under
5paragraph (6.6) of subsection (a) of Section 3-3-2 of this
6Code. If a psychological evaluation is submitted for the
7Prisoner Review Board's consideration, it shall be prepared by
8a person who has expertise in adolescent brain development and
9behavior, and shall take into consideration the diminished
10culpability of youthful offenders, the hallmark features of
11youth, and any subsequent growth and increased maturity of the
12person. At the hearing, the eligible person shall have the
13right to make a statement on his or her own behalf.
14    (i) Only upon motion for good cause shall the date for the
15Prisoner Review Board hearing, as set by subsection (b) of this
16Section, be changed. No less than 15 days prior to the hearing,
17the Prisoner Review Board shall notify the victim or victim
18representative, the attorney, and the eligible person of the
19exact date and time of the hearing. All hearings shall be open
20to the public.
21    (j) The Prisoner Review Board shall not parole the eligible
22person if it determines that:
23        (1) there is a substantial risk that the eligible
24    person will not conform to reasonable conditions of parole
25    or aftercare release; or
26        (2) the eligible person's release at that time would

 

 

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1    deprecate the seriousness of his or her offense or promote
2    disrespect for the law; or
3        (3) the eligible person's release would have a
4    substantially adverse effect on institutional discipline.
5    In considering the factors affecting the release
6determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner
7Review Board panel shall consider the diminished culpability of
8youthful offenders, the hallmark features of youth, and any
9subsequent growth and maturity of the youthful offender during
10incarceration.
11    (k) Unless denied parole under subsection (j) of this
12Section and subject to the provisions of Section 3-3-9 of this
13Code: (1) the eligible person serving a sentence for any
14non-first degree murder offense or offenses, shall be released
15on parole which shall operate to discharge any remaining term
16of years sentence imposed upon him or her, notwithstanding any
17required mandatory supervised release period the eligible
18person is required to serve; and (2) the eligible person
19serving a sentence for any first degree murder offense, shall
20be released on mandatory supervised release for a period of 10
21years subject to Section 3-3-8, which shall operate to
22discharge any remaining term of years sentence imposed upon him
23or her, however in no event shall the eligible person serve a
24period of mandatory supervised release greater than the
25aggregate of the discharged underlying sentence and the
26mandatory supervised release period as sent forth in Section

 

 

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15-4.5-20.
2    (l) If the Prisoner Review Board denies parole after
3conducting the hearing under subsection (j) of this Section, it
4shall issue a written decision which states the rationale for
5denial, including the primary factors considered. This
6decision shall be provided to the eligible person and his or
7her counsel within 30 days.
8    (m) A person denied parole under subsection (j) of this
9Section, who is not serving a sentence for either first degree
10murder, or aggravated criminal sexual assault, or predatory
11criminal sexual assault of a child, shall be eligible for a
12second parole review by the Prisoner Review Board 5 years after
13the written decision under subsection (l) of this Section; a
14person denied parole under subsection (j) of this Section, who
15is serving a sentence or sentences for first degree murder, or
16aggravated criminal sexual assault, or predatory criminal
17sexual assault of a child shall be eligible for a second and
18final parole review by the Prisoner Review Board 10 years after
19the written decision under subsection (k) of this Section. The
20procedures for a second parole review shall be governed by
21subsections (c) through (k) of this Section.
22    (n) A person denied parole under subsection (m) of this
23Section, who is not serving a sentence for either first degree
24murder, or aggravated criminal sexual assault, or predatory
25criminal sexual assault of a child, shall be eligible for a
26third and final parole review by the Prisoner Review Board 5

 

 

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1years after the written decision under subsection (l) of this
2Section. The procedures for the third and final parole review
3shall be governed by subsections (c) through (k) of this
4Section.
5    (o) Notwithstanding anything else to the contrary in this
6Section, nothing in this Section shall be construed to delay
7parole or mandatory supervised release consideration for
8petitioners who are or will be eligible for release earlier
9than this Section provides. Nothing in this Section shall be
10construed as a limit, substitution, or bar on a person's right
11to sentencing relief, or any other manner of relief, obtained
12by order of a court in proceedings other than as provided in
13this Section.
14(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)