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Rep. Tony M. McCombie
Filed: 4/2/2024
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1 | | AMENDMENT TO HOUSE BILL 4852
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2 | | AMENDMENT NO. ______. Amend House Bill 4852 on page 1, by |
3 | | inserting immediately below line 3 the following: |
4 | | "Section 3. The Unified Code of Corrections is amended by |
5 | | changing Sections 3-3-2, 3-3-9, and 3-14-1 and by adding |
6 | | Section 3-3-1.1 as follows: |
7 | | (730 ILCS 5/3-3-1.1 new) |
8 | | Sec. 3-3-1.1. Mission of the Prisoner Review Board. The |
9 | | mission of the Prisoner Review Board is to protect the rights |
10 | | of victims of crime, their families, and the citizens of |
11 | | Illinois by ensuring that the rule of law is upheld and justice |
12 | | is carried out. The Board has the responsibility to consider |
13 | | the statements of the victims, their family members, and |
14 | | public safety officials when an inmate's situation is being |
15 | | reviewed by the Board. The Board has the ability to impose |
16 | | release conditions for incarcerated individuals who are |
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1 | | exiting penal facilities, revoke and restore good conduct |
2 | | credits from inmates, and conduct hearings to determine |
3 | | whether parolees have violated conditions of parole. The |
4 | | Board, in its determinations, shall award significant weight |
5 | | to the statements and positions of victims and their family |
6 | | members in recommending parole. The Board also has the power |
7 | | to make recommendations to the Governor relative to clemency |
8 | | petitions for those convicted of violating Illinois laws. |
9 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2) |
10 | | Sec. 3-3-2. Powers and duties. |
11 | | (a) The Parole and Pardon Board is abolished and the term |
12 | | "Parole and Pardon Board" as used in any law of Illinois, shall |
13 | | read "Prisoner Review Board." After February 1, 1978 (the |
14 | | effective date of Public Act 81-1099), the Prisoner Review |
15 | | Board shall provide by rule for the orderly transition of all |
16 | | files, records, and documents of the Parole and Pardon Board |
17 | | and for such other steps as may be necessary to effect an |
18 | | orderly transition and shall: |
19 | | (1) hear by at least one member and through a panel of |
20 | | at least 3 members decide, cases of prisoners who were |
21 | | sentenced under the law in effect prior to February 1, |
22 | | 1978 (the effective date of Public Act 81-1099), and who |
23 | | are eligible for parole; |
24 | | (2) hear by at least one member and through a panel of |
25 | | at least 3 members decide, the conditions of parole and |
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1 | | the time of discharge from parole, impose sanctions for |
2 | | violations of parole, and revoke parole for those |
3 | | sentenced under the law in effect prior to February 1, |
4 | | 1978 (the effective date of Public Act 81-1099); provided |
5 | | that the decision to parole and the conditions of parole |
6 | | for all prisoners who were sentenced for first degree |
7 | | murder or who received a minimum sentence of 20 years or |
8 | | more under the law in effect prior to February 1, 1978 |
9 | | shall be determined by a majority vote of the Prisoner |
10 | | Review Board. One representative supporting parole and one |
11 | | representative opposing parole will be allowed to speak. |
12 | | Their comments shall be limited to making corrections and |
13 | | filling in omissions to the Board's presentation and |
14 | | discussion; |
15 | | (3) hear by at least 3 members one member and through a |
16 | | panel of at least 6 3 members decide, the conditions of |
17 | | mandatory supervised release and the time of discharge |
18 | | from mandatory supervised release, impose sanctions for |
19 | | violations of mandatory supervised release, and revoke |
20 | | mandatory supervised release for those sentenced under the |
21 | | law in effect after February 1, 1978 (the effective date |
22 | | of Public Act 81-1099); |
23 | | (3.5) hear by at least 3 members one member and |
24 | | through a panel of at least 6 3 members decide, the |
25 | | conditions of mandatory supervised release and the time of |
26 | | discharge from mandatory supervised release, to impose |
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1 | | sanctions for violations of mandatory supervised release |
2 | | and revoke mandatory supervised release for those serving |
3 | | extended supervised release terms pursuant to paragraph |
4 | | (4) of subsection (d) of Section 5-8-1; |
5 | | (3.6) hear by at least one member and through a panel |
6 | | of at least 3 members decide whether to revoke aftercare |
7 | | release for those committed to the Department of Juvenile |
8 | | Justice under the Juvenile Court Act of 1987; |
9 | | (4) hear by at least one member and through a panel of |
10 | | at least 3 members, decide cases brought by the Department |
11 | | of Corrections against a prisoner in the custody of the |
12 | | Department for alleged violation of Department rules with |
13 | | respect to sentence credits under Section 3-6-3 of this |
14 | | Code in which the Department seeks to revoke sentence |
15 | | credits, if the amount of time at issue exceeds 30 days or |
16 | | when, during any 12-month period, the cumulative amount of |
17 | | credit revoked exceeds 30 days except where the infraction |
18 | | is committed or discovered within 60 days of scheduled |
19 | | release. In such cases, the Department of Corrections may |
20 | | revoke up to 30 days of sentence credit. The Board may |
21 | | subsequently approve the revocation of additional sentence |
22 | | credit, if the Department seeks to revoke sentence credit |
23 | | in excess of 30 days. However, the Board shall not be |
24 | | empowered to review the Department's decision with respect |
25 | | to the loss of 30 days of sentence credit for any prisoner |
26 | | or to increase any penalty beyond the length requested by |
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1 | | the Department; |
2 | | (5) hear by at least one member and through a panel of |
3 | | at least 3 members decide, the release dates for certain |
4 | | prisoners sentenced under the law in existence prior to |
5 | | February 1, 1978 (the effective date of Public Act |
6 | | 81-1099), in accordance with Section 3-3-2.1 of this Code; |
7 | | (6) hear by at least one member and through a panel of |
8 | | at least 3 members decide, all requests for pardon, |
9 | | reprieve or commutation, and make confidential |
10 | | recommendations to the Governor; |
11 | | (6.5) hear by at least one member who is qualified in |
12 | | the field of juvenile matters and through a panel of at |
13 | | least 3 members, 2 of whom are qualified in the field of |
14 | | juvenile matters, decide parole review cases in accordance |
15 | | with Section 5-4.5-115 of this Code and make release |
16 | | determinations of persons under the age of 21 at the time |
17 | | of the commission of an offense or offenses, other than |
18 | | those persons serving sentences for first degree murder or |
19 | | aggravated criminal sexual assault; |
20 | | (6.6) hear by at least a quorum of the Prisoner Review |
21 | | Board and decide by a majority of members present at the |
22 | | hearing, in accordance with Section 5-4.5-115 of this |
23 | | Code, release determinations of persons under the age of |
24 | | 21 at the time of the commission of an offense or offenses |
25 | | of those persons serving sentences for first degree murder |
26 | | or aggravated criminal sexual assault; |
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1 | | (7) comply with the requirements of the Open Parole |
2 | | Hearings Act; |
3 | | (8) hear by at least one member and, through a panel of |
4 | | at least 3 members, decide cases brought by the Department |
5 | | of Corrections against a prisoner in the custody of the |
6 | | Department for court dismissal of a frivolous lawsuit |
7 | | pursuant to Section 3-6-3(d) of this Code in which the |
8 | | Department seeks to revoke up to 180 days of sentence |
9 | | credit, and if the prisoner has not accumulated 180 days |
10 | | of sentence credit at the time of the dismissal, then all |
11 | | sentence credit accumulated by the prisoner shall be |
12 | | revoked; |
13 | | (9) hear by at least 3 members, and, through a panel of |
14 | | at least 3 members, decide whether to grant certificates |
15 | | of relief from disabilities or certificates of good |
16 | | conduct as provided in Article 5.5 of Chapter V; |
17 | | (10) upon a petition by a person who has been |
18 | | convicted of a Class 3 or Class 4 felony and who meets the |
19 | | requirements of this paragraph, hear by at least 3 members |
20 | | and, with the unanimous vote of a panel of 3 members, issue |
21 | | a certificate of eligibility for sealing recommending that |
22 | | the court order the sealing of all official records of the |
23 | | arresting authority, the circuit court clerk, and the |
24 | | Illinois State Police concerning the arrest and conviction |
25 | | for the Class 3 or 4 felony. A person may not apply to the |
26 | | Board for a certificate of eligibility for sealing: |
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1 | | (A) until 5 years have elapsed since the |
2 | | expiration of his or her sentence; |
3 | | (B) until 5 years have elapsed since any arrests |
4 | | or detentions by a law enforcement officer for an |
5 | | alleged violation of law, other than a petty offense, |
6 | | traffic offense, conservation offense, or local |
7 | | ordinance offense; |
8 | | (C) if convicted of a violation of the Cannabis |
9 | | Control Act, Illinois Controlled Substances Act, the |
10 | | Methamphetamine Control and Community Protection Act, |
11 | | the Methamphetamine Precursor Control Act, or the |
12 | | Methamphetamine Precursor Tracking Act unless the |
13 | | petitioner has completed a drug abuse program for the |
14 | | offense on which sealing is sought and provides proof |
15 | | that he or she has completed the program successfully; |
16 | | (D) if convicted of: |
17 | | (i) a sex offense described in Article 11 or |
18 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of |
19 | | the Criminal Code of 1961 or the Criminal Code of |
20 | | 2012; |
21 | | (ii) aggravated assault; |
22 | | (iii) aggravated battery; |
23 | | (iv) domestic battery; |
24 | | (v) aggravated domestic battery; |
25 | | (vi) violation of an order of protection; |
26 | | (vii) an offense under the Criminal Code of |
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1 | | 1961 or the Criminal Code of 2012 involving a |
2 | | firearm; |
3 | | (viii) driving while under the influence of |
4 | | alcohol, other drug or drugs, intoxicating |
5 | | compound or compounds, or any combination thereof; |
6 | | (ix) aggravated driving while under the |
7 | | influence of alcohol, other drug or drugs, |
8 | | intoxicating compound or compounds, or any |
9 | | combination thereof; or |
10 | | (x) any crime defined as a crime of violence |
11 | | under Section 2 of the Crime Victims Compensation |
12 | | Act. |
13 | | If a person has applied to the Board for a certificate |
14 | | of eligibility for sealing and the Board denies the |
15 | | certificate, the person must wait at least 4 years before |
16 | | filing again or filing for pardon from the Governor unless |
17 | | the Chairman of the Prisoner Review Board grants a waiver. |
18 | | The decision to issue or refrain from issuing a |
19 | | certificate of eligibility for sealing shall be at the |
20 | | Board's sole discretion, and shall not give rise to any |
21 | | cause of action against either the Board or its members. |
22 | | The Board may only authorize the sealing of Class 3 |
23 | | and 4 felony convictions of the petitioner from one |
24 | | information or indictment under this paragraph (10). A |
25 | | petitioner may only receive one certificate of eligibility |
26 | | for sealing under this provision for life; and |
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1 | | (11) upon a petition by a person who after having been |
2 | | convicted of a Class 3 or Class 4 felony thereafter served |
3 | | in the United States Armed Forces or National Guard of |
4 | | this or any other state and had received an honorable |
5 | | discharge from the United States Armed Forces or National |
6 | | Guard or who at the time of filing the petition is enlisted |
7 | | in the United States Armed Forces or National Guard of |
8 | | this or any other state and served one tour of duty and who |
9 | | meets the requirements of this paragraph, hear by at least |
10 | | 3 members and, with the unanimous vote of a panel of 3 |
11 | | members, issue a certificate of eligibility for |
12 | | expungement recommending that the court order the |
13 | | expungement of all official records of the arresting |
14 | | authority, the circuit court clerk, and the Illinois State |
15 | | Police concerning the arrest and conviction for the Class |
16 | | 3 or 4 felony. A person may not apply to the Board for a |
17 | | certificate of eligibility for expungement: |
18 | | (A) if convicted of: |
19 | | (i) a sex offense described in Article 11 or |
20 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of |
21 | | the Criminal Code of 1961 or Criminal Code of |
22 | | 2012; |
23 | | (ii) an offense under the Criminal Code of |
24 | | 1961 or Criminal Code of 2012 involving a firearm; |
25 | | or |
26 | | (iii) a crime of violence as defined in |
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1 | | Section 2 of the Crime Victims Compensation Act; |
2 | | or |
3 | | (B) if the person has not served in the United |
4 | | States Armed Forces or National Guard of this or any |
5 | | other state or has not received an honorable discharge |
6 | | from the United States Armed Forces or National Guard |
7 | | of this or any other state or who at the time of the |
8 | | filing of the petition is serving in the United States |
9 | | Armed Forces or National Guard of this or any other |
10 | | state and has not completed one tour of duty. |
11 | | If a person has applied to the Board for a certificate |
12 | | of eligibility for expungement and the Board denies the |
13 | | certificate, the person must wait at least 4 years before |
14 | | filing again or filing for a pardon with authorization for |
15 | | expungement from the Governor unless the Governor or |
16 | | Chairman of the Prisoner Review Board grants a waiver ; |
17 | | and . |
18 | | (12) notify the victim in the underlying case of the |
19 | | offender's release on mandatory supervised release at |
20 | | least 30 days prior to release and allow the victim to |
21 | | provide a victim's statement to the Board. The victim's |
22 | | statement shall be considered when determining the |
23 | | conditions of the offender's mandatory supervised release. |
24 | | (a-5) The Prisoner Review Board, with the cooperation of |
25 | | and in coordination with the Department of Corrections and the |
26 | | Department of Central Management Services, shall implement a |
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1 | | pilot project in 3 correctional institutions providing for the |
2 | | conduct of hearings under paragraphs (1) and (4) of subsection |
3 | | (a) of this Section through interactive video conferences. The |
4 | | project shall be implemented within 6 months after January 1, |
5 | | 1997 (the effective date of Public Act 89-490). Within 6 |
6 | | months after the implementation of the pilot project, the |
7 | | Prisoner Review Board, with the cooperation of and in |
8 | | coordination with the Department of Corrections and the |
9 | | Department of Central Management Services, shall report to the |
10 | | Governor and the General Assembly regarding the use, costs, |
11 | | effectiveness, and future viability of interactive video |
12 | | conferences for Prisoner Review Board hearings. |
13 | | (b) Upon recommendation of the Department the Board may |
14 | | restore sentence credit previously revoked. |
15 | | (c) The Board shall cooperate with the Department in |
16 | | promoting an effective system of parole and mandatory |
17 | | supervised release. |
18 | | (d) The Board shall promulgate rules for the conduct of |
19 | | its work, and the Chairman shall file a copy of such rules and |
20 | | any amendments thereto with the Director and with the |
21 | | Secretary of State. |
22 | | (e) The Board shall keep records of all of its official |
23 | | actions and shall make them accessible in accordance with law |
24 | | and the rules of the Board. |
25 | | (f) The Board or one who has allegedly violated the |
26 | | conditions of his or her parole, aftercare release, or |
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1 | | mandatory supervised release may require by subpoena the |
2 | | attendance and testimony of witnesses and the production of |
3 | | documentary evidence relating to any matter under |
4 | | investigation or hearing. The Chairman of the Board may sign |
5 | | subpoenas which shall be served by any agent or public |
6 | | official authorized by the Chairman of the Board, or by any |
7 | | person lawfully authorized to serve a subpoena under the laws |
8 | | of the State of Illinois. The attendance of witnesses, and the |
9 | | production of documentary evidence, may be required from any |
10 | | place in the State to a hearing location in the State before |
11 | | the Chairman of the Board or his or her designated agent or |
12 | | agents or any duly constituted Committee or Subcommittee of |
13 | | the Board. Witnesses so summoned shall be paid the same fees |
14 | | and mileage that are paid witnesses in the circuit courts of |
15 | | the State, and witnesses whose depositions are taken and the |
16 | | persons taking those depositions are each entitled to the same |
17 | | fees as are paid for like services in actions in the circuit |
18 | | courts of the State. Fees and mileage shall be vouchered for |
19 | | payment when the witness is discharged from further |
20 | | attendance. |
21 | | In case of disobedience to a subpoena, the Board may |
22 | | petition any circuit court of the State for an order requiring |
23 | | the attendance and testimony of witnesses or the production of |
24 | | documentary evidence or both. A copy of such petition shall be |
25 | | served by personal service or by registered or certified mail |
26 | | upon the person who has failed to obey the subpoena, and such |
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1 | | person shall be advised in writing that a hearing upon the |
2 | | petition will be requested in a court room to be designated in |
3 | | such notice before the judge hearing motions or extraordinary |
4 | | remedies at a specified time, on a specified date, not less |
5 | | than 10 nor more than 15 days after the deposit of the copy of |
6 | | the written notice and petition in the U.S. mail addressed to |
7 | | the person at his or her last known address or after the |
8 | | personal service of the copy of the notice and petition upon |
9 | | such person. The court upon the filing of such a petition, may |
10 | | order the person refusing to obey the subpoena to appear at an |
11 | | investigation or hearing, or to there produce documentary |
12 | | evidence, if so ordered, or to give evidence relative to the |
13 | | subject matter of that investigation or hearing. Any failure |
14 | | to obey such order of the circuit court may be punished by that |
15 | | court as a contempt of court. |
16 | | Each member of the Board and any hearing officer |
17 | | designated by the Board shall have the power to administer |
18 | | oaths and to take the testimony of persons under oath. |
19 | | (g) Except under subsection (a) of this Section, a |
20 | | majority of the members then appointed to the Prisoner Review |
21 | | Board shall constitute a quorum for the transaction of all |
22 | | business of the Board. |
23 | | (h) The Prisoner Review Board shall annually transmit to |
24 | | the Director a detailed report of its work for the preceding |
25 | | calendar year. The annual report shall also be transmitted to |
26 | | the Governor for submission to the Legislature. |
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1 | | (Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21; |
2 | | 102-558, eff. 8-20-21.) |
3 | | (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9) |
4 | | Sec. 3-3-9. Violations; changes of conditions; preliminary |
5 | | hearing; revocation of parole or mandatory supervised release; |
6 | | revocation hearing. |
7 | | (a) If prior to expiration or termination of the term of |
8 | | parole or mandatory supervised release, a person violates a |
9 | | condition set by the Prisoner Review Board or a condition of |
10 | | parole or mandatory supervised release under Section 3-3-7 of |
11 | | this Code to govern that term, the Board may: |
12 | | (1) continue the existing term, with or without |
13 | | modifying or enlarging the conditions; or |
14 | | (1.5) for those released as a result of youthful |
15 | | offender parole as set forth in Section 5-4.5-115 of this |
16 | | Code, order that the inmate be subsequently rereleased to |
17 | | serve a specified mandatory supervised release term not to |
18 | | exceed the full term permitted under the provisions of |
19 | | Section 5-4.5-115 and subsection (d) of Section 5-8-1 of |
20 | | this Code and may modify or enlarge the conditions of the |
21 | | release as the Board deems proper; or |
22 | | (2) parole or release the person to a half-way house; |
23 | | or |
24 | | (3) revoke the parole or mandatory supervised release |
25 | | and reconfine the person for a term computed in the |
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1 | | following manner: |
2 | | (i) (A) For those sentenced under the law in |
3 | | effect prior to this amendatory Act of 1977, the |
4 | | recommitment shall be for any portion of the imposed |
5 | | maximum term of imprisonment or confinement which had |
6 | | not been served at the time of parole and the parole |
7 | | term, less the time elapsed between the parole of the |
8 | | person and the commission of the violation for which |
9 | | parole was revoked; |
10 | | (B) Except as set forth in paragraphs (C) and (D), |
11 | | for those subject to mandatory supervised release |
12 | | under paragraph (d) of Section 5-8-1 of this Code, the |
13 | | recommitment shall be for the total mandatory |
14 | | supervised release term, less the time elapsed between |
15 | | the release of the person and the commission of the |
16 | | violation for which mandatory supervised release is |
17 | | revoked. The Board may also order that a prisoner |
18 | | serve up to one year of the sentence imposed by the |
19 | | court which was not served due to the accumulation of |
20 | | sentence credit; |
21 | | (C) For those subject to sex offender supervision |
22 | | under clause (d)(4) of Section 5-8-1 of this Code, the |
23 | | reconfinement period for violations of clauses (a)(3) |
24 | | through (b-1)(15) of Section 3-3-7 shall not exceed 2 |
25 | | years from the date of reconfinement; |
26 | | (D) For those released as a result of youthful |
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1 | | offender parole as set forth in Section 5-4.5-115 of |
2 | | this Code, the reconfinement period shall be for the |
3 | | total mandatory supervised release term, less the time |
4 | | elapsed between the release of the person and the |
5 | | commission of the violation for which mandatory |
6 | | supervised release is revoked. The Board may also |
7 | | order that a prisoner serve up to one year of the |
8 | | mandatory supervised release term previously earned. |
9 | | The Board may also order that the inmate be |
10 | | subsequently rereleased to serve a specified mandatory |
11 | | supervised release term not to exceed the full term |
12 | | permitted under the provisions of Section 5-4.5-115 |
13 | | and subsection (d) of Section 5-8-1 of this Code and |
14 | | may modify or enlarge the conditions of the release as |
15 | | the Board deems proper; |
16 | | (ii) the person shall be given credit against the |
17 | | term of reimprisonment or reconfinement for time spent |
18 | | in custody since he or she was paroled or released |
19 | | which has not been credited against another sentence |
20 | | or period of confinement; |
21 | | (iii) (blank); |
22 | | (iv) this Section is subject to the release under |
23 | | supervision and the reparole and rerelease provisions |
24 | | of Section 3-3-10. |
25 | | (b) The Board may revoke parole or mandatory supervised |
26 | | release for violation of a condition for the duration of the |
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1 | | term and for any further period which is reasonably necessary |
2 | | for the adjudication of matters arising before its expiration. |
3 | | The issuance of a warrant of arrest for an alleged violation of |
4 | | the conditions of parole or mandatory supervised release shall |
5 | | toll the running of the term until the final determination of |
6 | | the charge. When parole or mandatory supervised release is not |
7 | | revoked that period shall be credited to the term, unless a |
8 | | community-based sanction is imposed as an alternative to |
9 | | revocation and reincarceration, including a diversion |
10 | | established by the Illinois Department of Corrections Parole |
11 | | Services Unit prior to the holding of a preliminary parole |
12 | | revocation hearing. Parolees who are diverted to a |
13 | | community-based sanction shall serve the entire term of parole |
14 | | or mandatory supervised release, if otherwise appropriate. |
15 | | (b-5) The Board shall revoke parole or mandatory |
16 | | supervised release for violation of the conditions prescribed |
17 | | in paragraph (7.6) of subsection (a) of Section 3-3-7. |
18 | | (c) A person charged with violating a condition of parole |
19 | | or mandatory supervised release shall have a preliminary |
20 | | hearing before a hearing officer designated by the Board to |
21 | | determine if there is cause to hold the person for a revocation |
22 | | hearing. However, no preliminary hearing need be held when |
23 | | revocation is based upon new criminal charges and a court |
24 | | finds probable cause on the new criminal charges or when the |
25 | | revocation is based upon a new criminal conviction and a |
26 | | certified copy of that conviction is available. |
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1 | | (d) Parole or mandatory supervised release shall not be |
2 | | revoked without written notice to the offender setting forth |
3 | | the violation of parole or mandatory supervised release |
4 | | charged against him or her. |
5 | | (e) A hearing on revocation shall be conducted before at |
6 | | least 3 members one member of the Prisoner Review Board. The |
7 | | Board shall may meet and order its actions in panels of 6 3 or |
8 | | more members. The action of a majority of the panel shall be |
9 | | the action of the Board. A record of the hearing shall be made. |
10 | | The victim of the underlying offense shall be notified of the |
11 | | hearing prior to the hearing and be afforded the opportunity |
12 | | to provide a statement. The victim's statement shall be |
13 | | considered by the Board. At the hearing the offender shall be |
14 | | 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 |
19 | | or without modification or enlargement of the conditions. The |
20 | | victim of the underlying offense shall be notified of the |
21 | | Board's decision. |
22 | | (g) Parole or mandatory supervised release shall not be |
23 | | revoked for failure to make payments under the conditions of |
24 | | parole or release unless the Board determines that such |
25 | | failure is due to the offender's willful refusal to pay. |
26 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .) |
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1 | | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1) |
2 | | Sec. 3-14-1. Release from the institution. |
3 | | (a) Upon release of a person on parole, mandatory release, |
4 | | final discharge, or pardon, the Department shall return all |
5 | | property held for him, provide him with suitable clothing and |
6 | | procure necessary transportation for him to his designated |
7 | | place of residence and employment. It may provide such person |
8 | | with a grant of money for travel and expenses which may be paid |
9 | | in installments. The amount of the money grant shall be |
10 | | determined by the Department. |
11 | | (a-1) The Department shall, before a wrongfully imprisoned |
12 | | person, as defined in Section 3-1-2 of this Code, is |
13 | | discharged from the Department, provide him or her with any |
14 | | documents necessary after discharge. |
15 | | (a-2) The Department of Corrections may establish and |
16 | | maintain, in any institution it administers, revolving funds |
17 | | to be known as "Travel and Allowances Revolving Funds". These |
18 | | revolving funds shall be used for advancing travel and expense |
19 | | allowances to committed, paroled, and discharged prisoners. |
20 | | The moneys paid into such revolving funds shall be from |
21 | | appropriations to the Department for Committed, Paroled, and |
22 | | Discharged Prisoners. |
23 | | (a-3) Upon release of a person who is eligible to vote on |
24 | | parole, mandatory release, final discharge, or pardon, the |
25 | | Department shall provide the person with a form that informs |
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1 | | him or her that his or her voting rights have been restored and |
2 | | a voter registration application. The Department shall have |
3 | | available voter registration applications in the languages |
4 | | provided by the Illinois State Board of Elections. The form |
5 | | that informs the person that his or her rights have been |
6 | | restored shall include the following information: |
7 | | (1) All voting rights are restored upon release from |
8 | | the Department's custody. |
9 | | (2) A person who is eligible to vote must register in |
10 | | order to be able to vote. |
11 | | The Department of Corrections shall confirm that the |
12 | | person received the voter registration application and has |
13 | | been informed that his or her voting rights have been |
14 | | restored. |
15 | | (a-4) Prior to release of a person on parole, mandatory |
16 | | supervised release, final discharge, or pardon, the Department |
17 | | shall screen every person for Medicaid eligibility. Officials |
18 | | of the correctional institution or facility where the |
19 | | committed person is assigned shall assist an eligible person |
20 | | to complete a Medicaid application to ensure that the person |
21 | | begins receiving benefits as soon as possible after his or her |
22 | | release. The application must include the eligible person's |
23 | | address associated with his or her residence upon release from |
24 | | the facility. If the residence is temporary, the eligible |
25 | | person must notify the Department of Human Services of his or |
26 | | her change in address upon transition to permanent housing. |
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1 | | (b) (Blank). |
2 | | (c) Except as otherwise provided in this Code, the |
3 | | Department shall establish procedures to provide written |
4 | | notification of any release of any person who has been |
5 | | convicted of a felony to the State's Attorney and sheriff of |
6 | | the county from which the offender was committed, and the |
7 | | State's Attorney and sheriff of the county into which the |
8 | | offender is to be paroled or released. Except as otherwise |
9 | | provided in this Code, the Department shall establish |
10 | | procedures to provide written notification to the proper law |
11 | | enforcement agency for any municipality of any release of any |
12 | | person who has been convicted of a felony if the arrest of the |
13 | | offender or the commission of the offense took place in the |
14 | | municipality, if the offender is to be paroled or released |
15 | | into the municipality, or if the offender resided in the |
16 | | municipality at the time of the commission of the offense. If a |
17 | | person convicted of a felony who is in the custody of the |
18 | | Department of Corrections or on parole or mandatory supervised |
19 | | release informs the Department that he or she has resided, |
20 | | resides, or will reside at an address that is a housing |
21 | | facility owned, managed, operated, or leased by a public |
22 | | housing agency, the Department must send written notification |
23 | | of that information to the public housing agency that owns, |
24 | | manages, operates, or leases the housing facility. The written |
25 | | notification shall, when possible, be given at least 14 days |
26 | | before release of the person from custody, or as soon |
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1 | | thereafter as possible. The written notification shall be |
2 | | provided electronically if the State's Attorney, sheriff, |
3 | | proper law enforcement agency, or public housing agency has |
4 | | provided the Department with an accurate and up to date email |
5 | | address. |
6 | | (c-1) (Blank). |
7 | | (c-2) The Department shall establish procedures to provide |
8 | | notice to the Illinois State Police of the release or |
9 | | discharge of persons convicted of violations of the |
10 | | Methamphetamine Control and Community Protection Act or a |
11 | | violation of the Methamphetamine Precursor Control Act. The |
12 | | Illinois State Police shall make this information available to |
13 | | local, State, or federal law enforcement agencies upon |
14 | | request. |
15 | | (c-5) If a person on parole or mandatory supervised |
16 | | release becomes a resident of a facility licensed or regulated |
17 | | by the Department of Public Health, the Illinois Department of |
18 | | Public Aid, or the Illinois Department of Human Services, the |
19 | | Department of Corrections shall provide copies of the |
20 | | following information to the appropriate licensing or |
21 | | regulating Department and the licensed or regulated facility |
22 | | where the person becomes a resident: |
23 | | (1) The mittimus and any pre-sentence investigation |
24 | | reports. |
25 | | (2) The social evaluation prepared pursuant to Section |
26 | | 3-8-2. |
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1 | | (3) Any pre-release evaluation conducted pursuant to |
2 | | subsection (j) of Section 3-6-2. |
3 | | (4) Reports of disciplinary infractions and |
4 | | dispositions. |
5 | | (5) Any parole plan, including orders issued by the |
6 | | Prisoner Review Board, and any violation reports and |
7 | | dispositions. |
8 | | (6) The name and contact information for the assigned |
9 | | parole agent and parole supervisor. |
10 | | This information shall be provided within 3 days of the |
11 | | person becoming a resident of the facility. |
12 | | (c-10) If a person on parole or mandatory supervised |
13 | | release becomes a resident of a facility licensed or regulated |
14 | | by the Department of Public Health, the Illinois Department of |
15 | | Public Aid, or the Illinois Department of Human Services, the |
16 | | Department of Corrections shall provide written notification |
17 | | of such residence to the following: |
18 | | (1) The Prisoner Review Board. |
19 | | (2) The chief of police and sheriff in the |
20 | | municipality and county in which the licensed facility is |
21 | | located. |
22 | | The notification shall be provided within 3 days of the |
23 | | person becoming a resident of the facility. |
24 | | (d) Upon the release of a committed person on parole, |
25 | | mandatory supervised release, final discharge, or pardon, the |
26 | | Department shall provide such person with information |
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1 | | concerning programs and services of the Illinois Department of |
2 | | Public Health to ascertain whether such person has been |
3 | | exposed to the human immunodeficiency virus (HIV) or any |
4 | | identified causative agent of Acquired Immunodeficiency |
5 | | Syndrome (AIDS). |
6 | | (e) Upon the release of a committed person on parole, |
7 | | mandatory supervised release, final discharge, pardon, or who |
8 | | has been wrongfully imprisoned, the Department shall verify |
9 | | the released person's full name, date of birth, and social |
10 | | security number. If verification is made by the Department by |
11 | | obtaining a certified copy of the released person's birth |
12 | | certificate and the released person's social security card or |
13 | | other documents authorized by the Secretary, the Department |
14 | | shall provide the birth certificate and social security card |
15 | | or other documents authorized by the Secretary to the released |
16 | | person. If verification by the Department is done by means |
17 | | other than obtaining a certified copy of the released person's |
18 | | birth certificate and the released person's social security |
19 | | card or other documents authorized by the Secretary, the |
20 | | Department shall complete a verification form, prescribed by |
21 | | the Secretary of State, and shall provide that verification |
22 | | form to the released person. |
23 | | (f) Forty-five days prior to the scheduled discharge of a |
24 | | person committed to the custody of the Department of |
25 | | Corrections, the Department shall give the person: |
26 | | (1) who is otherwise uninsured an opportunity to apply |
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1 | | for health care coverage including medical assistance |
2 | | under Article V of the Illinois Public Aid Code in |
3 | | accordance with subsection (b) of Section 1-8.5 of the |
4 | | Illinois Public Aid Code, and the Department of |
5 | | Corrections shall provide assistance with completion of |
6 | | the application for health care coverage including medical |
7 | | assistance; |
8 | | (2) information about obtaining a standard Illinois |
9 | | Identification Card or a limited-term Illinois |
10 | | Identification Card under Section 4 of the Illinois |
11 | | Identification Card Act if the person has not been issued |
12 | | an Illinois Identification Card under subsection (a-20) of |
13 | | Section 4 of the Illinois Identification Card Act; |
14 | | (3) information about voter registration and may |
15 | | distribute information prepared by the State Board of |
16 | | Elections. The Department of Corrections may enter into an |
17 | | interagency contract with the State Board of Elections to |
18 | | participate in the automatic voter registration program |
19 | | and be a designated automatic voter registration agency |
20 | | under Section 1A-16.2 of the Election Code; |
21 | | (4) information about job listings upon discharge from |
22 | | the correctional institution or facility; |
23 | | (5) information about available housing upon discharge |
24 | | from the correctional institution or facility; |
25 | | (6) a directory of elected State officials and of |
26 | | officials elected in the county and municipality, if any, |
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1 | | in which the committed person intends to reside upon |
2 | | discharge from the correctional institution or facility; |
3 | | and |
4 | | (7) any other information that the Department of |
5 | | Corrections deems necessary to provide the committed |
6 | | person in order for the committed person to reenter the |
7 | | community and avoid recidivism. |
8 | | (g) Sixty days before the scheduled discharge of a person |
9 | | committed to the custody of the Department or upon receipt of |
10 | | the person's certified birth certificate and social security |
11 | | card as set forth in subsection (d) of Section 3-8-1 of this |
12 | | Act, whichever occurs later, the Department shall transmit an |
13 | | application for an Identification Card to the Secretary of |
14 | | State, in accordance with subsection (a-20) of Section 4 of |
15 | | the Illinois Identification Card Act. |
16 | | (h) Notification of an offender's release must be made for |
17 | | those offenders who are being released after serving a |
18 | | sentence for domestic battery, aggravated domestic battery, or |
19 | | violation of an order of protection or who have previous |
20 | | convictions for domestic battery, aggravated domestic battery, |
21 | | or violation of an order of protection. For those persons |
22 | | being released after serving a sentence for domestic battery, |
23 | | aggravated domestic battery, or violation of an order of |
24 | | protection the Department of Corrections shall notify, in |
25 | | writing, the victim of the offense committed by the offender, |
26 | | the law enforcement agencies and State's Attorneys' offices of |
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1 | | the county of conviction and the county where the offender |
2 | | expects to reside not less than 30 days before the offender's |
3 | | release. For those being released who have previous |
4 | | convictions for domestic battery, aggravated domestic battery |
5 | | or violation of an order of protection, the Department shall |
6 | | notify in writing the victim of those previous offenses, if |
7 | | contact information is known, the law enforcement agencies and |
8 | | State's Attorneys' offices of the county of conviction and the |
9 | | county where the offender expects to reside not less than 30 |
10 | | days before the offender's release. |
11 | | The Department may adopt rules to implement this Section. |
12 | | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; |
13 | | 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff. |
14 | | 1-1-24 .)". |