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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 1. Preamble.
In recognition of the historical | |||||||||||||||||||||||
5 | harms of systemic racism and overly punitive sentencing, as | |||||||||||||||||||||||
6 | well as concerns to address mass incarceration and safely | |||||||||||||||||||||||
7 | reduce the prison population, this Act is needed to ensure | |||||||||||||||||||||||
8 | that persons are not serving excessive sentences with no | |||||||||||||||||||||||
9 | public benefit. By utilizing and extending existing review | |||||||||||||||||||||||
10 | mechanisms, this Act will reduce unnecessary incarceration, | |||||||||||||||||||||||
11 | reduce costs of incarceration, provide incentive to people | |||||||||||||||||||||||
12 | with long sentences to prepare for productive lives, make | |||||||||||||||||||||||
13 | prisons safer for incarcerated persons and prison staff, and | |||||||||||||||||||||||
14 | help bring the State in compliance with Section 11 of Article I | |||||||||||||||||||||||
15 | of the Illinois Constitution, which mandates that all | |||||||||||||||||||||||
16 | penalties aim to restore incarcerated people to useful | |||||||||||||||||||||||
17 | citizenship. | |||||||||||||||||||||||
18 | Section 5. The Unified Code of Corrections is amended by | |||||||||||||||||||||||
19 | changing Sections 3-3-3 and 3-5-1 and by adding Section | |||||||||||||||||||||||
20 | 3-3-3.1 as follows:
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21 | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
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22 | Sec. 3-3-3. Eligibility for parole or release.
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1 | (a) Except as otherwise provided in Section 3-3-3.1 and | ||||||
2 | except Except for those offenders who accept the fixed release
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3 | date established by the Prisoner Review Board under Section
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4 | 3-3-2.1, every person serving a term of imprisonment under
the | ||||||
5 | law in effect prior to the effective date of this
amendatory | ||||||
6 | Act of 1977 shall be eligible for parole when
he or she has | ||||||
7 | served:
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8 | (1) the minimum term of an indeterminate sentence less
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9 | time credit for good behavior, or 20 years less time | ||||||
10 | credit
for good behavior, whichever is less; or
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11 | (2) 20 years of a life sentence less time credit for | ||||||
12 | good behavior; or
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13 | (3) 20 years or one-third of a determinate sentence,
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14 | whichever is less, less time credit for good behavior.
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15 | (b) Except as otherwise provided in Section 3-3-3.1, no No | ||||||
16 | person sentenced under this amendatory Act of 1977 or who | ||||||
17 | accepts
a release date under Section 3-3-2.1 shall be eligible | ||||||
18 | for parole.
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19 | (c) Except as otherwise provided in Section 3-3-3.1, and | ||||||
20 | except Except for those sentenced to a term of natural
life | ||||||
21 | imprisonment, every person sentenced to imprisonment
under | ||||||
22 | this amendatory Act of 1977 or given a release date
under | ||||||
23 | Section 3-3-2.1 of this Act shall serve the full term
of a | ||||||
24 | determinate sentence less time credit for good behavior
and | ||||||
25 | shall then be released under the mandatory supervised
release | ||||||
26 | provisions of paragraph (d) of Section 5-8-1 of this Code.
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1 | (d) (Blank). No person serving a term of natural life | ||||||
2 | imprisonment may be paroled
or released except through | ||||||
3 | executive clemency.
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4 | (e) Every person committed to the Department of Juvenile | ||||||
5 | Justice under the Juvenile
Court Act
of 1987 and confined in | ||||||
6 | the State correctional
institutions or facilities if such | ||||||
7 | juvenile has not been
tried as an adult shall be eligible for | ||||||
8 | aftercare release under Section 3-2.5-85 of this Code.
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9 | However, if a juvenile has been tried as an adult he or she | ||||||
10 | shall
only be eligible for parole or mandatory supervised | ||||||
11 | release
as an adult under this Section.
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12 | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
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13 | (730 ILCS 5/3-3-3.1 new) | ||||||
14 | Sec. 3-3-3.1. Earned reentry; earned reentry hearings; | ||||||
15 | sentences of 20 years or longer; life imprisonment; reentry. | ||||||
16 | (a) Definition. "Earned reentry" means the termination of | ||||||
17 | an incarcerated person's sentence that he or she is granted by | ||||||
18 | the Prisoner Review Board as provided in this Act; if an | ||||||
19 | incarcerated person is granted earned reentry, his or her | ||||||
20 | sentence shall be considered complete after the term of | ||||||
21 | mandatory supervised release. | ||||||
22 | (b) Notwithstanding to the contrary, any provision of this | ||||||
23 | Code, Article 122 of the Code of Criminal Procedure of 1963, or | ||||||
24 | Article X or Section 2-1401 of the Code of Civil Procedure, a | ||||||
25 | person serving terms of imprisonment, including terms of |
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1 | natural life, in a Department of Corrections institution or | ||||||
2 | facility is eligible for earned reentry under this Article if | ||||||
3 | he or she has served a term of imprisonment specified in | ||||||
4 | subsection (d). Hearings for earned reentry shall be | ||||||
5 | administered by the Prisoner Review Board. | ||||||
6 | (c) The Prisoner Review Board shall contact persons | ||||||
7 | eligible for earned reentry and conduct hearings to determine | ||||||
8 | whether they shall obtain earned reentry as provided by this | ||||||
9 | Article and the Open Parole Hearings Act unless otherwise | ||||||
10 | specified in this Section. | ||||||
11 | (d) Implementation schedule. For the first year following | ||||||
12 | the effective date of this amendatory Act of the 103rd General | ||||||
13 | Assembly, a person is eligible for earned reentry under this | ||||||
14 | Section if he or she has served a term of imprisonment of at | ||||||
15 | least 35 consecutive years. For the second year following the | ||||||
16 | effective date of this amendatory Act of the 103rd General | ||||||
17 | Assembly, a person is eligible for earned reentry under this | ||||||
18 | Section if he or she has served a term of imprisonment of at | ||||||
19 | least 25 consecutive years. For the third year following the | ||||||
20 | effective date of this amendatory Act of the 103rd General | ||||||
21 | Assembly and each year thereafter, a person is eligible for | ||||||
22 | earned reentry under this Section if he or she has served a | ||||||
23 | term of imprisonment of at least 20 consecutive years. | ||||||
24 | (e) Victims and victims' families shall be notified in a | ||||||
25 | timely manner and provided an opportunity to participate in | ||||||
26 | the hearing in accordance with the Rights of Crime Victims and |
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1 | Witnesses Act, the Open Parole Hearings Act, and this Article. | ||||||
2 | (f) In determining whether a candidate should obtain | ||||||
3 | earned reentry, the Prisoner Review Board shall consider the | ||||||
4 | following factors: | ||||||
5 | (1) a statement, oral or written, by the candidate as | ||||||
6 | to the reasons why he or she should obtain earned reentry; | ||||||
7 | (2) any of evidence of the candidate's rehabilitation | ||||||
8 | during the period of his or her incarceration, including | ||||||
9 | remorse for any criminal acts, if applicable; | ||||||
10 | (3) any evidence of the likelihood that the candidate | ||||||
11 | will not recidivate; | ||||||
12 | (4) any character references, letters of support from | ||||||
13 | family or community members, or references by staff, | ||||||
14 | volunteers, or incarcerated persons in the Department of | ||||||
15 | Corrections; | ||||||
16 | (5) any evidence of the candidate's participation in | ||||||
17 | educational, vocational, substance abuse, behavior | ||||||
18 | modification, life skills, or reentry planning programs; | ||||||
19 | (6) the candidate's disciplinary record while | ||||||
20 | incarcerated; | ||||||
21 | (7) the candidate's employment history while | ||||||
22 | incarcerated; | ||||||
23 | (8) the candidate's criminal history; and | ||||||
24 | (9) the candidate's parole plan, including plans for | ||||||
25 | housing, employment, and community support upon release | ||||||
26 | from incarceration. |
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1 | (g) If the programs or employment opportunities described | ||||||
2 | in this Section were not available to this candidate, the | ||||||
3 | Board shall not penalize the candidate for failure to | ||||||
4 | participate in them; nor shall the board penalize a candidate | ||||||
5 | for choosing not to work for the Department of Corrections; | ||||||
6 | nor shall the Board penalize a candidate for maintaining his | ||||||
7 | or her claim of innocence. | ||||||
8 | (h) Notification. The Prisoner Review Board shall notify | ||||||
9 | all persons who become eligible for earned reentry subsection | ||||||
10 | (d) within 2 months of their becoming eligible and inform them | ||||||
11 | that the Prisoner Review Board will consider them for earned | ||||||
12 | reentry. | ||||||
13 | (i) Hearings. | ||||||
14 | (1) Hearings under this Section shall be conducted by | ||||||
15 | a panel of at least 3 members of the Board. A majority vote | ||||||
16 | of the members present and voting at the hearing is | ||||||
17 | required to grant the candidate earned reentry. | ||||||
18 | (2) In the first 2 years following the effective date | ||||||
19 | of this amendatory Act of the 103rd General Assembly, | ||||||
20 | hearings shall be held for each eligible person (who has | ||||||
21 | not deferred) within one year of the person becoming | ||||||
22 | eligible as specified in subsection (d). Beginning the | ||||||
23 | third year following the effective date of this amendatory | ||||||
24 | Act of the 103rd General Assembly and every year | ||||||
25 | thereafter, hearings shall be held for each eligible | ||||||
26 | person (who has not deferred) within 8 months of the |
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1 | person becoming eligible as specified in subsection (d). | ||||||
2 | (j) Deferrals. Any person who is notified of their eligibility | ||||||
3 | for earned reentry under this Section may defer their | ||||||
4 | eligibility for 2 years by notifying the Prisoner Review | ||||||
5 | Board within 3 months of receiving notification of | ||||||
6 | eligibility. | ||||||
7 | (k) If earned reentry is denied under this Section, the | ||||||
8 | Board shall provide a written statement to the candidate that | ||||||
9 | shall include the reasons for the denial, what the candidate | ||||||
10 | must accomplish to attain earned reentry in the future; and | ||||||
11 | when the candidate is eligible to reapply for earned reentry, | ||||||
12 | which shall be no later than 2 years after the denial. The | ||||||
13 | candidate may seek a continuance of up to 2 additional years. | ||||||
14 | (l) An incarcerated person described in this Section may | ||||||
15 | not be barred from any programming because his or her maximum | ||||||
16 | out date is not in the near future. | ||||||
17 | (m) Every incarcerated person described in this Section | ||||||
18 | may bring legal counsel or an advocate of his or her choice to | ||||||
19 | the earned reentry hearing. | ||||||
20 | (n) Every incarcerated person described in this Section | ||||||
21 | may attend and testify at his or her earned reentry hearing in | ||||||
22 | person or by video-conference or may have counsel or an | ||||||
23 | advocate read a
statement. | ||||||
24 | (o) Every incarcerated person described in this Section | ||||||
25 | shall be provided full and complete access to his or her master | ||||||
26 | record file, with the exception of the names of verified |
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1 | confidential informants, at least 60 days prior to any earned | ||||||
2 | reentry hearing. The incarcerated person has a right to | ||||||
3 | challenge any false, misleading, or otherwise inaccurate | ||||||
4 | information contained therein. The Department of Corrections | ||||||
5 | shall establish an expedited process for incarcerated persons | ||||||
6 | to challenge such false, misleading, or otherwise inaccurate | ||||||
7 | information so that it can be removed prior to any earned | ||||||
8 | reentry hearing. Every incarcerated person described in this | ||||||
9 | section may have counsel assist them in challenging inaccurate | ||||||
10 | information. | ||||||
11 | (p) This Section applies retroactively to every person | ||||||
12 | currently serving a term of imprisonment in a Department of | ||||||
13 | Corrections institution or facility, which is necessary in | ||||||
14 | order to serve the important objectives listed in the | ||||||
15 | preamble, including that of restoring incarcerated individuals | ||||||
16 | to useful citizenship, as required by Section 11 of Article I | ||||||
17 | of the Illinois Constitution. | ||||||
18 | (q) Nothing in this Section guarantees release. It only | ||||||
19 | provides the opportunity for the incarcerated person to | ||||||
20 | demonstrate his or her readiness to obtain earned reentry.
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21 | (730 ILCS 5/3-5-1) (from Ch. 38, par. 1003-5-1)
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22 | Sec. 3-5-1. Master Record File.
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23 | (a) The Department of Corrections and the Department of | ||||||
24 | Juvenile Justice shall
maintain a master record file on each | ||||||
25 | person committed to it,
which shall contain the following |
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1 | information:
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2 | (1) all information from the committing court;
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3 | (1.5) ethnic and racial background data collected in | ||||||
4 | accordance with Section 4.5 of the Criminal Identification | ||||||
5 | Act; | ||||||
6 | (2) reception summary;
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7 | (3) evaluation and assignment reports and | ||||||
8 | recommendations;
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9 | (4) reports as to program assignment and progress;
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10 | (5) reports of disciplinary infractions and | ||||||
11 | disposition, including tickets and Administrative Review | ||||||
12 | Board action;
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13 | (6) any parole or aftercare release plan;
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14 | (7) any parole or aftercare release reports;
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15 | (8) the date and circumstances of final discharge; | ||||||
16 | (9) criminal history; | ||||||
17 | (10) current and past gang affiliations and ranks; | ||||||
18 | (11) information regarding associations and family | ||||||
19 | relationships; | ||||||
20 | (12) any grievances filed and responses to those | ||||||
21 | grievances; and | ||||||
22 | (13) other information that the respective Department | ||||||
23 | determines is relevant to the secure confinement and | ||||||
24 | rehabilitation of the committed person.
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25 | (b) Except as otherwise provided in Section 3-3-3.1, all | ||||||
26 | All files shall be confidential and access shall be
limited to |
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1 | authorized personnel of the respective Department or by | ||||||
2 | disclosure in accordance with a court order or subpoena.
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3 | Personnel of other correctional, welfare or law enforcement
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4 | agencies may have access to files under rules and regulations
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5 | of the respective Department. The respective Department shall | ||||||
6 | keep a record of all
outside personnel who have access to | ||||||
7 | files, the files reviewed,
any file material copied, and the | ||||||
8 | purpose of access. If the
respective Department or the | ||||||
9 | Prisoner Review Board makes a determination
under this Code | ||||||
10 | which affects the length of the period of
confinement or | ||||||
11 | commitment, the committed person and his counsel
shall be | ||||||
12 | advised of factual information relied upon by the
respective | ||||||
13 | Department or Board to make the determination, provided that
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14 | the Department or Board shall not be required to advise a
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15 | person committed to the Department of Juvenile Justice any | ||||||
16 | such information
which in the opinion of the Department of | ||||||
17 | Juvenile Justice or Board would be
detrimental to his | ||||||
18 | treatment or rehabilitation.
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19 | (c) The master file shall be maintained at a place
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20 | convenient to its use by personnel of the respective | ||||||
21 | Department in
charge of the person. When custody of a person is | ||||||
22 | transferred
from the Department to another department or | ||||||
23 | agency, a
summary of the file shall be forwarded to the | ||||||
24 | receiving
agency with such other information required by law | ||||||
25 | or
requested by the agency under rules and regulations of the
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26 | respective Department.
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1 | (d) The master file of a person no longer in the custody
of | ||||||
2 | the respective Department shall be placed on inactive status | ||||||
3 | and its
use shall be restricted subject to rules and | ||||||
4 | regulations of
the Department.
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5 | (e) All public agencies may make available to the
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6 | respective Department on request any factual data not | ||||||
7 | otherwise
privileged as a matter of law in their possession in | ||||||
8 | respect
to individuals committed to the respective Department.
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9 | (f) A committed person may request a summary of the | ||||||
10 | committed person's master record file once per year and the | ||||||
11 | committed person's attorney may request one summary of the | ||||||
12 | committed person's master record file once per year. The | ||||||
13 | Department shall create a form for requesting this summary, | ||||||
14 | and shall make that form available to committed persons and to | ||||||
15 | the public on its website. Upon receipt of the request form, | ||||||
16 | the Department shall provide the summary within 15 days. The | ||||||
17 | summary must contain, unless otherwise prohibited by law: | ||||||
18 | (1) the person's name, ethnic, racial, and other | ||||||
19 | identifying information; | ||||||
20 | (2) all digitally available information from the | ||||||
21 | committing court; | ||||||
22 | (3) all information in the Offender 360 system on the | ||||||
23 | person's criminal history; | ||||||
24 | (4) the person's complete assignment history in the | ||||||
25 | Department of Corrections; | ||||||
26 | (5) the person's disciplinary card; |
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1 | (6) additional records about up to 3 specific | ||||||
2 | disciplinary incidents as identified by the requester; | ||||||
3 | (7) any available records about up to 5 specific | ||||||
4 | grievances filed by the person, as identified by the | ||||||
5 | requester; and | ||||||
6 | (8) the records of all grievances filed on or after | ||||||
7 | January 1, 2023. | ||||||
8 | Notwithstanding any provision of this subsection (f) to | ||||||
9 | the contrary, a committed person's master record file is not | ||||||
10 | subject to disclosure and copying under the Freedom of | ||||||
11 | Information Act. | ||||||
12 | (Source: P.A. 102-776, eff. 1-1-23; 102-784, eff. 5-13-22; | ||||||
13 | revised 12-14-22.)
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14 | Section 97. Severability. The provisions of this Act are | ||||||
15 | severable under Section 1.31 of the Statute on Statutes.
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16 | Section 99. Effective date. This Act takes effect January | ||||||
17 | 1, 2024.
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