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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||||||
5 | changing Sections 3-3-1, 3-3-2, and 3-3-3 as follows:
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6 | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
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7 | Sec. 3-3-1. Establishment and appointment of Prisoner | |||||||||||||||||||||||
8 | Review Board.
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9 | (a) There shall be a Prisoner Review Board independent of | |||||||||||||||||||||||
10 | the Department
which shall be:
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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; | |||||||||||||||||||||||
16 | (1.5) (blank); | |||||||||||||||||||||||
17 | (1.10) the authority for setting conditions for | |||||||||||||||||||||||
18 | mandatory supervised release under subsection (f) of | |||||||||||||||||||||||
19 | Section 3-3-3 of this Code and determining whether a | |||||||||||||||||||||||
20 | violation of those conditions warrant revocation of | |||||||||||||||||||||||
21 | mandatory supervised release or the imposition of other | |||||||||||||||||||||||
22 | sanctions; | |||||||||||||||||||||||
23 | (2) the board of review for cases involving the |
| |||||||
| |||||||
1 | revocation
of sentence credits or a suspension or | ||||||
2 | reduction in the
rate of accumulating the credit;
| ||||||
3 | (3) the board of review and recommendation for the | ||||||
4 | exercise
of executive clemency by the Governor;
| ||||||
5 | (4) the authority for establishing release dates for
| ||||||
6 | certain prisoners sentenced under the law in existence | ||||||
7 | prior
to the effective date of this amendatory Act of | ||||||
8 | 1977, in
accordance with Section 3-3-2.1 of this Code;
| ||||||
9 | (5) the authority for setting conditions for parole | ||||||
10 | and
mandatory supervised release under Section 5-8-1(a) of | ||||||
11 | this
Code, and determining whether a violation of those | ||||||
12 | conditions
warrant revocation of parole or mandatory | ||||||
13 | supervised release
or the imposition of other sanctions; | ||||||
14 | and | ||||||
15 | (6) the authority for determining whether a violation | ||||||
16 | of aftercare release conditions warrant revocation of | ||||||
17 | aftercare release.
| ||||||
18 | (b) The Board shall consist of 15 persons appointed by
the | ||||||
19 | Governor by and with the advice and consent of the Senate.
One | ||||||
20 | member of the Board shall be designated by the Governor
to be | ||||||
21 | Chairman and shall serve as Chairman at the pleasure of
the | ||||||
22 | Governor. The members of the Board shall have had at
least 5 | ||||||
23 | years of actual experience in the fields of penology,
| ||||||
24 | corrections work, law enforcement, sociology, law, education,
| ||||||
25 | social work, medicine, psychology, other behavioral sciences,
| ||||||
26 | or a combination thereof. At least 6 members so appointed
must |
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| |||||||
1 | have at least 3 years experience in the field of
juvenile | ||||||
2 | matters. No more than 8 Board members may be members
of the | ||||||
3 | same political party.
| ||||||
4 | Each member of the Board shall serve on a full-time basis
| ||||||
5 | and shall not hold any other salaried public office, whether | ||||||
6 | elective or
appointive, nor any other office or position of | ||||||
7 | profit, nor engage in any
other business, employment, or | ||||||
8 | vocation. The Chairman of the Board shall
receive $35,000 a | ||||||
9 | year, or an amount set by the Compensation Review Board,
| ||||||
10 | whichever is greater, and each other member $30,000, or an | ||||||
11 | amount set by the
Compensation Review Board, whichever is | ||||||
12 | greater.
| ||||||
13 | (c) Notwithstanding any other provision of this Section,
| ||||||
14 | the term of each member of the Board
who was appointed by the | ||||||
15 | Governor and is in office on June 30, 2003 shall
terminate at | ||||||
16 | the close of business on that date or when all of the successor
| ||||||
17 | members to be appointed pursuant to this amendatory Act of the | ||||||
18 | 93rd General
Assembly have been appointed by the Governor, | ||||||
19 | whichever occurs later. As soon
as possible, the Governor | ||||||
20 | shall appoint persons to fill the vacancies created
by this | ||||||
21 | amendatory Act.
| ||||||
22 | Of the initial members appointed under this amendatory Act | ||||||
23 | of the 93rd
General Assembly, the Governor shall appoint 5 | ||||||
24 | members whose terms shall expire
on the third Monday
in | ||||||
25 | January 2005, 5 members whose terms shall expire on the
third | ||||||
26 | Monday in January 2007, and 5 members whose terms
shall expire |
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| |||||||
1 | on the third Monday in January 2009. Their respective | ||||||
2 | successors
shall be appointed for terms of 6 years from the | ||||||
3 | third Monday
in January of the year of appointment. Each | ||||||
4 | member shall
serve until his or her successor is appointed and | ||||||
5 | qualified.
| ||||||
6 | Any member may be removed by the Governor for | ||||||
7 | incompetence, neglect of duty,
malfeasance or inability to | ||||||
8 | serve.
| ||||||
9 | (d) The Chairman of the Board shall be its chief executive | ||||||
10 | and
administrative officer. The Board may have an Executive | ||||||
11 | Director; if so,
the Executive Director shall be appointed by | ||||||
12 | the Governor with the advice and
consent of the Senate. The | ||||||
13 | salary and duties of the Executive Director shall
be fixed by | ||||||
14 | the Board.
| ||||||
15 | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)
| ||||||
16 | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| ||||||
17 | Sec. 3-3-2. Powers and duties.
| ||||||
18 | (a) The Parole and Pardon Board is abolished and the term | ||||||
19 | "Parole and
Pardon Board" as used in any law of Illinois, shall | ||||||
20 | read "Prisoner Review
Board." After February 1, 1978 ( the | ||||||
21 | effective date of Public Act 81-1099) this amendatory Act of | ||||||
22 | 1977 , the
Prisoner Review Board shall provide by rule for the | ||||||
23 | orderly transition of
all files, records, and documents of the | ||||||
24 | Parole and Pardon Board and for
such other steps as may be | ||||||
25 | necessary to effect an orderly transition and shall:
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| |||||||
1 | (1) hear by at least one member and through a panel of | ||||||
2 | at least 3 members
decide, cases of prisoners
who were | ||||||
3 | sentenced under the law in effect prior to February 1, | ||||||
4 | 1978 ( the effective
date of Public Act 81-1099) this | ||||||
5 | amendatory Act of 1977 , and who are eligible for parole;
| ||||||
6 | (2) hear by at least one member and through a panel of | ||||||
7 | at least 3 members decide, the conditions of
parole and | ||||||
8 | the time of discharge from parole, impose sanctions for
| ||||||
9 | violations of parole, and revoke
parole for those | ||||||
10 | sentenced under the law in effect prior to February 1, | ||||||
11 | 1978 (the effective
date of Public Act 81-1099) this | ||||||
12 | amendatory
Act of 1977 ; provided that the decision to | ||||||
13 | parole and the conditions of
parole for all prisoners who | ||||||
14 | were sentenced for first degree murder or who
received a | ||||||
15 | minimum sentence of 20 years or more under the law in | ||||||
16 | effect
prior to February 1, 1978 shall be determined by a | ||||||
17 | majority vote of the
Prisoner Review Board. One | ||||||
18 | representative supporting parole and one representative | ||||||
19 | opposing parole will be allowed to speak. Their comments | ||||||
20 | shall be limited to making corrections and filling in | ||||||
21 | omissions to the Board's presentation and discussion;
| ||||||
22 | (3) hear by at least one member and through a panel of | ||||||
23 | at least 3 members decide, the conditions
of mandatory | ||||||
24 | supervised release and the time of discharge from | ||||||
25 | mandatory
supervised release, impose sanctions for | ||||||
26 | violations of mandatory
supervised release, and revoke |
| |||||||
| |||||||
1 | mandatory supervised release for those
sentenced under the | ||||||
2 | law in effect after February 1, 1978 ( the effective date | ||||||
3 | of Public Act 81-1099) this
amendatory Act of 1977 ;
| ||||||
4 | (3.5) hear by at least one member and through a panel | ||||||
5 | of at least 3 members decide, the conditions of mandatory | ||||||
6 | supervised release and the time of discharge from | ||||||
7 | mandatory supervised release, to impose sanctions for | ||||||
8 | violations of mandatory supervised release and revoke | ||||||
9 | mandatory supervised release for those serving extended | ||||||
10 | supervised release terms pursuant to paragraph (4) of | ||||||
11 | subsection (d) of Section 5-8-1;
| ||||||
12 | (3.6) hear by at least one member and through a panel | ||||||
13 | of at least 3 members decide whether to revoke aftercare | ||||||
14 | release for those committed to the Department of Juvenile | ||||||
15 | Justice under the Juvenile Court Act of 1987; | ||||||
16 | (4) hear by at least one member and through a panel of | ||||||
17 | at least 3
members,
decide cases brought by the Department | ||||||
18 | of Corrections against a prisoner in
the custody of the | ||||||
19 | Department for alleged violation of Department rules
with | ||||||
20 | respect to sentence credits under Section 3-6-3 of this | ||||||
21 | Code
in which the Department seeks to revoke sentence | ||||||
22 | credits, if the amount
of time at issue exceeds 30 days or | ||||||
23 | when, during any 12-month 12 month period, the
cumulative | ||||||
24 | amount of credit revoked exceeds 30 days except where the
| ||||||
25 | infraction is committed or discovered within 60 days of | ||||||
26 | scheduled release.
In such cases, the Department of |
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| |||||||
1 | Corrections may revoke up to 30 days of
sentence credit. | ||||||
2 | The Board may subsequently approve the revocation of
| ||||||
3 | additional sentence credit, if the Department seeks to | ||||||
4 | revoke sentence credit in excess of 30 thirty days. | ||||||
5 | However, the Board shall not be
empowered to review the | ||||||
6 | Department's decision with respect to the loss of
30 days | ||||||
7 | of sentence credit for any prisoner or to increase any | ||||||
8 | penalty
beyond the length requested by the Department;
| ||||||
9 | (5) hear by at least one member and through a panel of | ||||||
10 | at least 3
members decide, the
release dates for certain | ||||||
11 | prisoners sentenced under the law in existence
prior to | ||||||
12 | February 1, 1978 ( the effective date of Public Act | ||||||
13 | 81-1099) this amendatory Act of 1977 , in
accordance with | ||||||
14 | Section 3-3-2.1 of this Code;
| ||||||
15 | (6) hear by at least one member and through a panel of | ||||||
16 | at least 3 members
decide, all requests for pardon, | ||||||
17 | reprieve or commutation, and make confidential
| ||||||
18 | recommendations to the Governor;
| ||||||
19 | (6.5) hear by at least one member who is qualified in | ||||||
20 | the field of juvenile matters and through a panel of at | ||||||
21 | least 3 members, 2 of whom are qualified in the field of | ||||||
22 | juvenile matters, decide parole review cases in accordance | ||||||
23 | with Section 5-4.5-115 of this Code and make release | ||||||
24 | determinations of persons under the age of 21 at the time | ||||||
25 | of the commission of an offense or offenses, other than | ||||||
26 | those persons serving sentences for first degree murder or |
| |||||||
| |||||||
1 | aggravated criminal sexual assault; | ||||||
2 | (6.6) hear by at least a quorum of
the Prisoner Review | ||||||
3 | Board and decide by a majority of members present at the | ||||||
4 | hearing, in accordance with Section 5-4.5-115 of this
| ||||||
5 | Code, release determinations of persons under the age of | ||||||
6 | 21 at the
time of the commission of an offense or offenses | ||||||
7 | of those persons serving
sentences for first degree murder | ||||||
8 | or aggravated criminal sexual assault; | ||||||
9 | (6.7) hear by at least one member and through a panel | ||||||
10 | of at least 3 members determine the conditions of | ||||||
11 | mandatory supervised release, determine the time of | ||||||
12 | discharge from mandatory supervised release, impose | ||||||
13 | sanctions for violations of mandatory supervised release, | ||||||
14 | and revoke mandatory supervised release for those | ||||||
15 | sentenced under subsection (f) of Section 3-3-3 of this | ||||||
16 | Code; | ||||||
17 | (7) comply with the requirements of the Open Parole | ||||||
18 | Hearings Act;
| ||||||
19 | (8) hear by at least one member and, through a panel of | ||||||
20 | at least 3
members, decide cases brought by the Department | ||||||
21 | of Corrections against a
prisoner in the custody of the | ||||||
22 | Department for court dismissal of a frivolous
lawsuit | ||||||
23 | pursuant to Section 3-6-3(d) of this Code in which the | ||||||
24 | Department seeks
to revoke up to 180 days of sentence | ||||||
25 | credit, and if the prisoner has not
accumulated 180 days | ||||||
26 | of sentence credit at the time of the dismissal, then
all |
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| |||||||
1 | sentence credit accumulated by the prisoner shall be | ||||||
2 | revoked;
| ||||||
3 | (9) hear by at least 3 members, and, through a panel of | ||||||
4 | at least 3
members, decide whether to grant certificates | ||||||
5 | of relief from
disabilities or certificates of good | ||||||
6 | conduct as provided in Article 5.5 of
Chapter V; | ||||||
7 | (10) upon a petition by a person who has been | ||||||
8 | convicted of a Class 3 or Class 4 felony and who meets the | ||||||
9 | requirements of this paragraph, hear by at least 3 members | ||||||
10 | and, with the unanimous vote of a panel of 3 members, issue | ||||||
11 | a certificate of eligibility for sealing recommending that | ||||||
12 | the court order the sealing of all official
records of the | ||||||
13 | arresting authority, the circuit court clerk, and the | ||||||
14 | Department of State Police concerning the arrest and | ||||||
15 | conviction for the Class 3 or 4 felony. A person may not | ||||||
16 | apply to the Board for a certificate of eligibility for | ||||||
17 | sealing: | ||||||
18 | (A) until 5 years have elapsed since the | ||||||
19 | expiration of his or her sentence; | ||||||
20 | (B) until 5 years have elapsed since any arrests | ||||||
21 | or detentions by a law enforcement officer for an | ||||||
22 | alleged violation of law, other than a petty offense, | ||||||
23 | traffic offense, conservation offense, or local | ||||||
24 | ordinance offense; | ||||||
25 | (C) if convicted of a violation of the Cannabis | ||||||
26 | Control Act, Illinois Controlled Substances Act, the |
| |||||||
| |||||||
1 | Methamphetamine Control and Community Protection Act, | ||||||
2 | the Methamphetamine Precursor Control Act, or the | ||||||
3 | Methamphetamine Precursor Tracking Act unless the | ||||||
4 | petitioner has completed a drug abuse program for the | ||||||
5 | offense on which sealing is sought and provides proof | ||||||
6 | that he or she has completed the program successfully; | ||||||
7 | (D) if convicted of: | ||||||
8 | (i) a sex offense described in Article 11 or | ||||||
9 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
10 | the Criminal Code of 1961 or the Criminal Code of | ||||||
11 | 2012; | ||||||
12 | (ii) aggravated assault; | ||||||
13 | (iii) aggravated battery; | ||||||
14 | (iv) domestic battery; | ||||||
15 | (v) aggravated domestic battery; | ||||||
16 | (vi) violation of an order of protection; | ||||||
17 | (vii) an offense under the Criminal Code of | ||||||
18 | 1961 or the Criminal Code of 2012 involving a | ||||||
19 | firearm; | ||||||
20 | (viii) driving while under the influence of | ||||||
21 | alcohol, other drug or drugs, intoxicating | ||||||
22 | compound or compounds , or any combination thereof; | ||||||
23 | (ix) aggravated driving while under the | ||||||
24 | influence of alcohol, other drug or drugs, | ||||||
25 | intoxicating compound or compounds , or any | ||||||
26 | combination thereof; or |
| |||||||
| |||||||
1 | (x) any crime defined as a crime of violence | ||||||
2 | under Section 2 of the Crime Victims Compensation | ||||||
3 | Act. | ||||||
4 | If a person has applied to the Board for a certificate | ||||||
5 | of eligibility for sealing and the Board denies the | ||||||
6 | certificate, the person must wait at least 4 years before | ||||||
7 | filing again or filing for pardon from the Governor unless | ||||||
8 | the Chairman of the Prisoner Review Board grants a waiver. | ||||||
9 | The decision to issue or refrain from issuing a | ||||||
10 | certificate of eligibility for sealing shall be at the | ||||||
11 | Board's sole discretion, and shall not give rise to any | ||||||
12 | cause of action against either the Board or its members. | ||||||
13 | The Board may only authorize the sealing of Class 3 | ||||||
14 | and 4 felony convictions of the petitioner from one | ||||||
15 | information or indictment under this paragraph (10). A | ||||||
16 | petitioner may only receive one certificate of eligibility | ||||||
17 | for sealing under this provision for life; and
| ||||||
18 | (11) upon a petition by a person who after having been | ||||||
19 | convicted of a Class 3 or Class 4 felony thereafter served | ||||||
20 | in the United States Armed Forces or National Guard of | ||||||
21 | this or any other state and had received an honorable | ||||||
22 | discharge from the United States Armed Forces or National | ||||||
23 | Guard or who at the time of filing the petition is enlisted | ||||||
24 | in the United States Armed Forces or National Guard of | ||||||
25 | this or any other state and served one tour of duty and who | ||||||
26 | meets the requirements of this paragraph, hear by at least |
| |||||||
| |||||||
1 | 3 members and, with the unanimous vote of a panel of 3 | ||||||
2 | members, issue a certificate of eligibility for | ||||||
3 | expungement recommending that the court order the | ||||||
4 | expungement of all official
records of the arresting | ||||||
5 | authority, the circuit court clerk, and the Department of | ||||||
6 | State Police concerning the arrest and conviction for the | ||||||
7 | Class 3 or 4 felony. A person may not apply to the Board | ||||||
8 | for a certificate of eligibility for expungement: | ||||||
9 | (A) if convicted of: | ||||||
10 | (i) a sex offense described in Article 11 or | ||||||
11 | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | ||||||
12 | the Criminal Code of 1961 or Criminal Code of | ||||||
13 | 2012; | ||||||
14 | (ii) an offense under the Criminal Code of | ||||||
15 | 1961 or Criminal Code of 2012 involving a firearm; | ||||||
16 | or | ||||||
17 | (iii) a crime of violence as defined in | ||||||
18 | Section 2 of the Crime Victims Compensation Act; | ||||||
19 | or | ||||||
20 | (B) if the person has not served in the United | ||||||
21 | States Armed Forces or National Guard of this or any | ||||||
22 | other state or has not received an honorable discharge | ||||||
23 | from the United States Armed Forces or National Guard | ||||||
24 | of this or any other state or who at the time of the | ||||||
25 | filing of the petition is serving in the United States | ||||||
26 | Armed Forces or National Guard of this or any other |
| |||||||
| |||||||
1 | state and has not completed one tour of duty. | ||||||
2 | If a person has applied to the Board for a certificate | ||||||
3 | of eligibility for expungement and the Board denies the | ||||||
4 | certificate, the person must wait at least 4 years before | ||||||
5 | filing again or filing for a pardon with authorization for | ||||||
6 | expungement from the Governor unless the Governor or | ||||||
7 | Chairman of the Prisoner Review Board grants a waiver. | ||||||
8 | (a-5) The Prisoner Review Board, with the cooperation of | ||||||
9 | and in
coordination with the Department of Corrections and the | ||||||
10 | Department of Central
Management Services, shall implement a | ||||||
11 | pilot project in 3 correctional
institutions providing for the | ||||||
12 | conduct of hearings under paragraphs (1) and
(4)
of subsection | ||||||
13 | (a) of this Section through interactive video conferences.
The
| ||||||
14 | project shall be implemented within 6 months after January 1, | ||||||
15 | 1997 ( the effective date of Public Act 89-490) this
amendatory | ||||||
16 | Act of 1996 . Within 6 months after the implementation of the | ||||||
17 | pilot
project, the Prisoner Review Board, with the cooperation | ||||||
18 | of and in coordination
with the Department of Corrections and | ||||||
19 | the Department of Central Management
Services, shall report to | ||||||
20 | the Governor and the General Assembly regarding the
use, | ||||||
21 | costs, effectiveness, and future viability of interactive | ||||||
22 | video
conferences for Prisoner Review Board hearings.
| ||||||
23 | (b) Upon recommendation of the Department the Board may | ||||||
24 | restore sentence credit previously revoked.
| ||||||
25 | (c) The Board shall cooperate with the Department in | ||||||
26 | promoting an
effective system of parole and mandatory |
| |||||||
| |||||||
1 | supervised release.
| ||||||
2 | (d) The Board shall promulgate rules for the conduct of | ||||||
3 | its work,
and the Chairman shall file a copy of such rules and | ||||||
4 | any amendments
thereto with the Director and with the | ||||||
5 | Secretary of State.
| ||||||
6 | (e) The Board shall keep records of all of its official | ||||||
7 | actions and
shall make them accessible in accordance with law | ||||||
8 | and the rules of the
Board.
| ||||||
9 | (f) The Board or one who has allegedly violated the | ||||||
10 | conditions of
his or her parole, aftercare release, or | ||||||
11 | mandatory supervised release may require by subpoena the
| ||||||
12 | attendance and testimony of witnesses and the production of | ||||||
13 | documentary
evidence relating to any matter under | ||||||
14 | investigation or hearing. The
Chairman of the Board may sign | ||||||
15 | subpoenas which shall be served by any
agent or public | ||||||
16 | official authorized by the Chairman of the Board, or by
any | ||||||
17 | person lawfully authorized to serve a subpoena under the laws | ||||||
18 | of the
State of Illinois. The attendance of witnesses, and the | ||||||
19 | production of
documentary evidence, may be required from any | ||||||
20 | place in the State to a
hearing location in the State before | ||||||
21 | the Chairman of the Board or his or her
designated agent or | ||||||
22 | agents or any duly constituted Committee or
Subcommittee of | ||||||
23 | the Board. Witnesses so summoned shall be paid the same
fees | ||||||
24 | and mileage that are paid witnesses in the circuit courts of | ||||||
25 | the
State, and witnesses whose depositions are taken and the | ||||||
26 | persons taking
those depositions are each entitled to the same |
| |||||||
| |||||||
1 | fees as are paid for
like services in actions in the circuit | ||||||
2 | courts of the State. Fees and
mileage shall be vouchered for | ||||||
3 | payment when the witness is discharged
from further | ||||||
4 | attendance.
| ||||||
5 | In case of disobedience to a subpoena, the Board may | ||||||
6 | petition any
circuit court of the State for an order requiring | ||||||
7 | the attendance and
testimony of witnesses or the production of | ||||||
8 | documentary evidence or
both. A copy of such petition shall be | ||||||
9 | served by personal service or by
registered or certified mail | ||||||
10 | upon the person who has failed to obey the
subpoena, and such | ||||||
11 | person shall be advised in writing that a hearing
upon the | ||||||
12 | petition will be requested in a court room to be designated in
| ||||||
13 | such notice before the judge hearing motions or extraordinary | ||||||
14 | remedies
at a specified time, on a specified date, not less | ||||||
15 | than 10 nor more than
15 days after the deposit of the copy of | ||||||
16 | the written notice and petition
in the U.S. mail mails | ||||||
17 | addressed to the person at his or her last known address or
| ||||||
18 | after the personal service of the copy of the notice and | ||||||
19 | petition upon
such person. The court upon the filing of such a | ||||||
20 | petition, may order the
person refusing to obey the subpoena | ||||||
21 | to appear at an investigation or
hearing, or to there produce | ||||||
22 | documentary evidence, if so ordered, or to
give evidence | ||||||
23 | relative to the subject matter of that investigation or
| ||||||
24 | hearing. Any failure to obey such order of the circuit court | ||||||
25 | may be
punished by that court as a contempt of court.
| ||||||
26 | Each member of the Board and any hearing officer |
| |||||||
| |||||||
1 | designated by the
Board shall have the power to administer | ||||||
2 | oaths and to take the testimony
of persons under oath.
| ||||||
3 | (g) Except under subsection (a) of this Section, a | ||||||
4 | majority of the
members then appointed to the Prisoner Review | ||||||
5 | Board shall constitute a
quorum for the transaction of all | ||||||
6 | business of the Board.
| ||||||
7 | (h) The Prisoner Review Board shall annually transmit to | ||||||
8 | the
Director a detailed report of its work for the preceding | ||||||
9 | calendar year.
The annual report shall also be transmitted to | ||||||
10 | the Governor for
submission to the Legislature.
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11 | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20; | ||||||
12 | revised 8-19-20.)
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13 | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
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14 | Sec. 3-3-3. Eligibility for parole or release.
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15 | (a) Except for those offenders who accept the fixed | ||||||
16 | release
date established by the Prisoner Review Board under | ||||||
17 | Section
3-3-2.1, every person serving a term of imprisonment | ||||||
18 | under
the law in effect prior to the effective date of this
| ||||||
19 | amendatory Act of 1977 shall be eligible for parole when
he or | ||||||
20 | she has served:
| ||||||
21 | (1) the minimum term of an indeterminate sentence less
| ||||||
22 | time credit for good behavior, or 20 years less time | ||||||
23 | credit
for good behavior, whichever is less; or
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24 | (2) 20 years of a life sentence less time credit for | ||||||
25 | good behavior; or
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1 | (3) 20 years or one-third of a determinate sentence,
| ||||||
2 | whichever is less, less time credit for good behavior.
| ||||||
3 | (b) No person sentenced under this amendatory Act of 1977 | ||||||
4 | or who accepts
a release date under Section 3-3-2.1 shall be | ||||||
5 | eligible for parole.
| ||||||
6 | (c) Except for those sentenced to a term of natural
life | ||||||
7 | imprisonment, every person sentenced to imprisonment
under | ||||||
8 | this amendatory Act of 1977 or given a release date
under | ||||||
9 | Section 3-3-2.1 of this Act shall serve the full term
of a | ||||||
10 | determinate sentence less time credit for good behavior
and | ||||||
11 | shall then be released under the mandatory supervised
release | ||||||
12 | provisions of paragraph (d) of Section 5-8-1 of this Code.
| ||||||
13 | (d) No person serving a term of natural life imprisonment | ||||||
14 | may be paroled
or released except through executive clemency.
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15 | (e) Every person committed to the Department of Juvenile | ||||||
16 | Justice under the Juvenile
Court Act
of 1987 and confined in | ||||||
17 | the State correctional
institutions or facilities if such | ||||||
18 | juvenile has not been
tried as an adult shall be eligible for | ||||||
19 | aftercare release under Section 3-2.5-85 of this Code.
| ||||||
20 | However, if a juvenile has been tried as an adult he or she | ||||||
21 | shall
only be eligible for parole or mandatory supervised | ||||||
22 | release
as an adult under this Section. | ||||||
23 | (f) If a person was originally prosecuted under the | ||||||
24 | provisions of the Criminal Code of 1961 or the Criminal Code of | ||||||
25 | 2012, sentenced under the provisions of this Act pursuant to | ||||||
26 | Section 5-805 of the Juvenile Court Act of 1987, and convicted |
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| |||||||
1 | as an adult and committed to the Department of Juvenile | ||||||
2 | Justice under Section 5-8-6, the Department of Juvenile | ||||||
3 | Justice shall, no less than 120 days prior to the date that the | ||||||
4 | person reaches the age of 21, send written notification to the | ||||||
5 | Prisoner Review Board indicating the day upon which the | ||||||
6 | committed person will achieve the age of 21. The Prisoner | ||||||
7 | Review Board shall conduct a hearing with no less than 3 | ||||||
8 | members to determine whether or not the minor shall be | ||||||
9 | assigned mandatory supervised release or be transferred to the | ||||||
10 | Department of Corrections prior to the minor's twenty-first | ||||||
11 | birthday.
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12 | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
|