093_SB0125sam004











                                     LRB093 06586 RLC 13608 a

 1                    AMENDMENT TO SENATE BILL 125

 2        AMENDMENT NO.     .  Amend Senate Bill 125,  AS  AMENDED,
 3    as follows:

 4    by  replacing  everything  after the enacting clause with the
 5    following:

 6        "Section  5.  The Unified Code of Corrections is  amended
 7    by  changing  Sections 3-3-2 and 5-5-5 and adding Article 5.5
 8    to Chapter V as follows:

 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
12    term  "Parole  and  Pardon  Board"  as  used  in  any  law of
13    Illinois, shall  read  "Prisoner  Review  Board."  After  the
14    effective  date  of this amendatory Act of 1977, the Prisoner
15    Review Board shall provide by rule for the orderly transition
16    of all files, records, and documents of the Parole and Pardon
17    Board and for such other steps as may be necessary to  effect
18    an orderly transition and shall:
19             (1)  hear by at least one member and through a panel
20        of at least 3 members decide, cases of prisoners who were
21        sentenced  under the law in effect prior to the effective
 
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 1        date of this amendatory Act of 1977, and who are eligible
 2        for parole;
 3             (2)  hear by at least one member and through a panel
 4        of at least 3 members decide, the  conditions  of  parole
 5        and  the  time of discharge from parole, impose sanctions
 6        for violations of parole, and  revoke  parole  for  those
 7        sentenced   under   the  law  in  effect  prior  to  this
 8        amendatory Act of 1977; provided  that  the  decision  to
 9        parole and the conditions of parole for all prisoners who
10        were  sentenced for first degree murder or who received a
11        minimum sentence of 20 years or more  under  the  law  in
12        effect prior to February 1, 1978 shall be determined by a
13        majority vote of the Prisoner Review Board;
14             (3)  hear by at least one member and through a panel
15        of at least 3 members decide, the conditions of mandatory
16        supervised   release  and  the  time  of  discharge  from
17        mandatory  supervised  release,  impose   sanctions   for
18        violations  of  mandatory  supervised release, and revoke
19        mandatory supervised release for  those  sentenced  under
20        the  law  in  effect  after  the  effective  date of this
21        amendatory Act of 1977;
22             (4)  hear by at least 1 member and through  a  panel
23        of  at  least  3  members,  decide  cases  brought by the
24        Department of  Corrections  against  a  prisoner  in  the
25        custody  of  the  Department  for  alleged  violation  of
26        Department  rules  with  respect  to good conduct credits
27        pursuant to Section 3-6-3  of  this  Code  in  which  the
28        Department  seeks  to revoke good conduct credits, if the
29        amount of time at issue exceeds 30 days or  when,  during
30        any  12  month  period,  the  cumulative amount of credit
31        revoked exceeds 30 days except where  the  infraction  is
32        committed  or  discovered  within  60  days  of scheduled
33        release. In such cases, the Department of Corrections may
34        revoke up to 30 days of good conduct  credit.  The  Board
 
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 1        may  subsequently  approve  the  revocation of additional
 2        good conduct credit, if the Department  seeks  to  revoke
 3        good  conduct  credit  in excess of thirty days. However,
 4        the  Board  shall  not  be  empowered   to   review   the
 5        Department's decision with respect to the loss of 30 days
 6        of  good  conduct  credit for any prisoner or to increase
 7        any  penalty  beyond  the   length   requested   by   the
 8        Department;
 9             (5)  hear by at least one member and through a panel
10        of  at  least  3  members  decide,  the release dates for
11        certain prisoners sentenced under the  law  in  existence
12        prior  to  the  effective  date of this amendatory Act of
13        1977, in accordance with Section 3-3-2.1 of this Code;
14             (6)  hear by at least one member and through a panel
15        of at least 3 members decide, all  requests  for  pardon,
16        reprieve    or   commutation,   and   make   confidential
17        recommendations to the Governor;
18             (7)  comply with the requirements of the Open Parole
19        Hearings Act; and
20             (8)  hear by at least  one  member  and,  through  a
21        panel  of at least 3 members, decide cases brought by the
22        Department of  Corrections  against  a  prisoner  in  the
23        custody  of  the  Department  for  court  dismissal  of a
24        frivolous lawsuit pursuant to Section  3-6-3(d)  of  this
25        Code  in  which  the Department seeks to revoke up to 180
26        days of good conduct credit, and if the prisoner has  not
27        accumulated  180  days of good conduct credit at the time
28        of  the  dismissal,  then   all   good   conduct   credit
29        accumulated by the prisoner shall be revoked; and.
30             (9)  hear by at least 3 members, and through a panel
31        of  at  least  3  members,  decide as to whether to grant
32        certificates of relief from disabilities or  certificates
33        of good conduct as provided in Article 5.5 of Chapter V.
34        (a-5)  The Prisoner Review Board, with the cooperation of
 
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 1    and  in  coordination  with the Department of Corrections and
 2    the  Department  of  Central   Management   Services,   shall
 3    implement  a  pilot  project  in  3 correctional institutions
 4    providing for the conduct of hearings  under  paragraphs  (1)
 5    and (4) of subsection (a) of this Section through interactive
 6    video conferences.  The project shall be implemented within 6
 7    months  after  the  effective  date of this amendatory Act of
 8    1996.  Within 6 months after the implementation of the  pilot
 9    project,  the  Prisoner Review Board, with the cooperation of
10    and in coordination with the Department  of  Corrections  and
11    the  Department  of Central Management Services, shall report
12    to the Governor and the General Assembly regarding  the  use,
13    costs,  effectiveness,  and  future  viability of interactive
14    video conferences for Prisoner Review Board hearings.
15        (b)  Upon recommendation of the Department the Board  may
16    restore good conduct credit previously revoked.
17        (c)  The  Board  shall  cooperate  with the Department in
18    promoting  an  effective  system  of  parole  and   mandatory
19    supervised release.
20        (d)  The  Board shall promulgate rules for the conduct of
21    its work, and the Chairman shall file a copy  of  such  rules
22    and  any  amendments  thereto  with the Director and with the
23    Secretary of State.
24        (e)  The Board shall keep records of all of its  official
25    actions and shall make them accessible in accordance with law
26    and the rules of the Board.
27        (f)  The  Board  or  one  who  has allegedly violated the
28    conditions of his parole or mandatory supervised release  may
29    require by subpoena the attendance and testimony of witnesses
30    and  the  production  of documentary evidence relating to any
31    matter under investigation or hearing. The  Chairman  of  the
32    Board  may  sign subpoenas which shall be served by any agent
33    or public official authorized by the Chairman of  the  Board,
34    or  by  any  person  lawfully  authorized to serve a subpoena
 
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 1    under the laws of the State of Illinois.  The  attendance  of
 2    witnesses, and the production of documentary evidence, may be
 3    required from any place in the State to a hearing location in
 4    the  State before the Chairman of the Board or his designated
 5    agent  or  agents  or  any  duly  constituted  Committee   or
 6    Subcommittee  of  the  Board.  Witnesses so summoned shall be
 7    paid the same fees and mileage that are paid witnesses in the
 8    circuit courts of the State, and witnesses whose  depositions
 9    are  taken  and the persons taking those depositions are each
10    entitled to the same fees as are paid for  like  services  in
11    actions  in the circuit courts of the State. Fees and mileage
12    shall be vouchered for payment when the witness is discharged
13    from further attendance.
14        In case of disobedience to  a  subpoena,  the  Board  may
15    petition  any  circuit  court  of  the  State  for  an  order
16    requiring  the  attendance  and testimony of witnesses or the
17    production of documentary evidence or both. A  copy  of  such
18    petition shall be served by personal service or by registered
19    or  certified mail upon the person who has failed to obey the
20    subpoena, and such person shall be advised in writing that  a
21    hearing  upon  the petition will be requested in a court room
22    to be designated in such  notice  before  the  judge  hearing
23    motions  or  extraordinary remedies at a specified time, on a
24    specified date, not less than 10 nor more than 15 days  after
25    the deposit of the copy of the written notice and petition in
26    the  U.S.  mails  addressed  to  the person at his last known
27    address or after the personal service  of  the  copy  of  the
28    notice  and  petition  upon  such  person. The court upon the
29    filing of such a petition, may order the person  refusing  to
30    obey  the  subpoena to appear at an investigation or hearing,
31    or to there produce documentary evidence, if so  ordered,  or
32    to  give  evidence  relative  to  the  subject matter of that
33    investigation or hearing. Any failure to obey such  order  of
34    the circuit court may be punished by that court as a contempt
 
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 1    of court.
 2        Each   member  of  the  Board  and  any  hearing  officer
 3    designated by the Board shall have the  power  to  administer
 4    oaths and to take the testimony of persons under oath.
 5        (g)  Except  under  subsection  (a)  of  this  Section, a
 6    majority of the members then appointed to the Prisoner Review
 7    Board shall constitute a quorum for the  transaction  of  all
 8    business of the Board.
 9        (h)  The Prisoner Review Board shall annually transmit to
10    the  Director a detailed report of its work for the preceding
11    calendar year. The annual report shall also be transmitted to
12    the Governor for submission to the Legislature.
13    (Source:  P.A.  90-14,  eff.  7-1-97;  91-798,  eff.  7-9-00;
14    91-946, eff. 2-9-01.)

15        (730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
16        Sec. 5-5-5. Loss and Restoration of Rights.
17        (a) Conviction and disposition shall not entail the  loss
18    by  the  defendant  of  any  civil  rights, except under this
19    Section and Sections 29-6 and 29-10 of The Election Code,  as
20    now or hereafter amended.
21        (b)  A  person  convicted of a felony shall be ineligible
22    to hold an office created by the Constitution of  this  State
23    until the completion of his sentence.
24        (c)  A  person  sentenced  to imprisonment shall lose his
25    right to vote until released from imprisonment.
26        (d)  On completion of sentence of  imprisonment  or  upon
27    discharge  from  probation, conditional discharge or periodic
28    imprisonment, or at any time thereafter, all  license  rights
29    and  privileges  granted  under  the  authority of this State
30    which have been revoked or suspended because of conviction of
31    an offense shall be  restored  unless  the  authority  having
32    jurisdiction of such license rights finds after investigation
33    and  hearing  that restoration is not in the public interest.
 
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 1    This paragraph (d) shall  not  apply  to  the  suspension  or
 2    revocation  of a license to operate a motor vehicle under the
 3    Illinois Vehicle Code.
 4        (e)  Upon a  person's  discharge  from  incarceration  or
 5    parole, or upon a person's discharge from probation or at any
 6    time  thereafter,  the  committing  court  may enter an order
 7    certifying  that  the  sentence   has   been   satisfactorily
 8    completed  when  the  court  believes  it would assist in the
 9    rehabilitation of the  person  and  be  consistent  with  the
10    public  welfare. Such order may be entered upon the motion of
11    the defendant or the State or upon the court's own motion.
12        (f)  Upon entry of the order, the court  shall  issue  to
13    the  person  in  whose  favor  the  order  has been entered a
14    certificate stating that his behavior  after  conviction  has
15    warranted the issuance of the order.
16        (g)  This  Section  shall  not  affect  the  right  of  a
17    defendant to collaterally attack his conviction or to rely on
18    it in bar of subsequent proceedings for the same offense.
19        (h)  No application for any license or privileges granted
20    under  the  authority of this State shall be denied by reason
21    of an eligible offender, as defined in Article  5.5  of  this
22    Chapter,  having  been  previously  convicted  of one or more
23    criminal offenses, or by reason of a finding of lack of "good
24    moral character" when the finding is based upon the fact that
25    the applicant has previously been convicted of  one  or  more
26    criminal offenses, unless:
27             (1)  there  is  a direct relationship between one or
28        more of the previous criminal offenses and  the  specific
29        license sought; or
30             (2)  the  issuance of the license or the granting of
31        the employment would  involve  an  unreasonable  risk  to
32        property   or  to  the  safety  or  welfare  of  specific
33        individuals or the general public.
34        In making such  a  determination,  the  licensing  agency
 
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 1    shall consider the following factors:
 2             (1)  the  public  policy of this State, as expressed
 3        in  Article  5.5  of  this  Chapter,  to  encourage   the
 4        licensure  and employment of persons previously convicted
 5        of one or more criminal offenses;
 6             (2)  the  specific   duties   and   responsibilities
 7        necessarily  related  to  the license or employment being
 8        sought;
 9             (3)  the bearing, if any, the criminal  offenses  or
10        offenses  for  which  the person was previously convicted
11        will have on his or her fitness or ability to perform one
12        or more such duties and responsibilities;
13             (4)  the time which has elapsed since the occurrence
14        of the criminal offense or offenses;
15             (5)  the age of the person at the time of occurrence
16        of the criminal offense or offenses;
17             (6)  the seriousness of the offense or offenses;
18             (7)  any  information  produced  by  the  person  or
19        produced on his or her behalf in regard  to  his  or  her
20        rehabilitation  and good conduct, including a certificate
21        of relief from  disabilities  issued  to  the  applicant,
22        which   certificate   shall   create   a  presumption  of
23        rehabilitation in  regard  to  the  offense  or  offenses
24        specified in the certificate; and
25             (8)  the legitimate interest of the licensing agency
26        in  protecting  property,  and the  safety and welfare of
27        specific individuals or the general public.
28        (i)  A certificate of relief from disabilities  shall  be
29    issued  only  to  restore  a  license or certification issued
30    under the following Acts:
31             (1)  the Animal Welfare Act;
32             (2)  the Illinois Athletic Trainers Practice Act;
33             (3)  the Barber, Cosmetology,  Esthetics,  and  Nail
34        Technology Act of 1985;
 
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 1             (4)  the   Boiler   and   Pressure  Vessel  Repairer
 2        Regulation Act;
 3             (5)  the Professional Boxing Act;
 4             (6)  the Illinois Certified Shorthand Reporters  Act
 5        of 1984;
 6             (7)  the     Illinois    Farm    Labor    Contractor
 7        Certification Act;
 8             (8)  the Interior Design Title Act;
 9             (9)  the Illinois Professional Land Surveyor Act  of
10        1989;
11             (10)  the  Illinois  Landscape  Architecture  Act of
12        1989;
13             (11)  the Marriage and Family Therapy Licensing Act;
14             (12)  the Private Employment Agency Act;
15             (13)  the  Professional   Counselor   and   Clinical
16        Professional Counselor Licensing Act;
17             (14)  the Real Estate License Act of 2000; and
18             (15)  the Illinois Roofing Industry Licensing Act.
19    (Source: P.A. 86-558.)

20        (730 ILCS 5/Chap. V, Art. 5.5 heading new)
21        ARTICLE  5.5.  DISCRETIONARY  RELIEF FROM FORFEITURES AND
22    DISABILITIES AUTOMATICALLY IMPOSED BY LAW

23        (730 ILCS 5/5-5.5-5 new)
24        Sec. 5-5.5-5. Definitions and rules of  construction.  In
25    this Article:
26        "Eligible  offender"  shall  mean  a  person who has been
27    convicted of a crime or of an offense that is not a crime  of
28    violence  as  defined  in  Section  2  of  the  Crime Victims
29    Compensation Act, but who has not been  convicted  more  than
30    once of a felony.
31        "Felony" means a conviction of a felony in this State, or
32    of  an offense in any other jurisdiction for which a sentence
 
                            -10-     LRB093 06586 RLC 13608 a
 1    to a term of  imprisonment  in  excess  of  one  year,  or  a
 2    sentence of death, was authorized.
 3        For  the  purposes of this Article the following rules of
 4    construction apply:
 5             (i)  two or more convictions of felonies charged  in
 6        separate counts of one indictment or information shall be
 7        deemed to be one conviction;
 8             (ii)  two or more convictions of felonies charged in
 9        2  or more indictments or informations, filed in the same
10        court prior to entry of judgment under any of them, shall
11        be deemed to be one conviction; and
12             (iii)  a plea or a verdict of guilty  upon  which  a
13        sentence   of   probation,   conditional   discharge,  or
14        supervision has been imposed shall  be  deemed  to  be  a
15        conviction.

16        (730 ILCS 5/5-5.5-10 new)
17        Sec. 5-5.5-10. Certificate of relief from disabilities.
18        (a)  A  certificate  of  relief  from disabilities may be
19    granted as provided in this Article to  relieve  an  eligible
20    offender of any forfeiture or disability or to remove any bar
21    to  his  or  her  employment  automatically imposed by law by
22    reason of his or her  conviction  of  the  crime  or  of  the
23    offense  specified in the certificate. The certificate may be
24    limited to one or more enumerated forfeitures,  disabilities,
25    or  bars,  or  may  relieve  the  eligible  offender  of  all
26    forfeitures,  disabilities,  and  bars.  No certificate shall
27    apply, or be construed so as to apply, to the  right  of  the
28    person to retain or to be eligible for public office.
29        (b)   Notwithstanding  any  other  provision  of  law,  a
30    conviction of a  crime  or  of  an  offense  specified  in  a
31    certificate  of  relief  from  disabilities  does  not  cause
32    automatic  forfeiture  of any license, permit, employment, or
33    franchise, including the right to register for or vote at  an
 
                            -11-     LRB093 06586 RLC 13608 a
 1    election,  or  automatic  forfeiture  of  any  other right or
 2    privilege held by the eligible offender and  covered  by  the
 3    certificate.  The  conviction  may  not  be  deemed  to  be a
 4    conviction within the meaning of any provision  of  law  that
 5    imposes,  by reason of a conviction, a bar to any employment,
 6    a disability to exercise any right or a disability  to  apply
 7    for  or to receive any license, permit, or other authority or
 8    privilege covered by the certificate;  provided,  however,  a
 9    conviction  for  a  second or subsequent violation of Section
10    11-501 of the Illinois  Vehicle  Code  committed  within  the
11    preceding  10 years shall impose a disability to apply for or
12    receive a  driver's  license  or  permit  during  the  period
13    provided  in  that  Code.  A  certificate  of  relief  from a
14    disability imposed  under  Section  11-501  of  the  Illinois
15    Vehicle  Code  may  only  be issued upon a determination that
16    compelling circumstances warrant that relief.
17        (c) A certificate of relief from disabilities  does  not,
18    however,  in  any  way  prevent any judicial, administrative,
19    licensing, or other body, board, or  authority  from  relying
20    upon the conviction specified in the certificate as the basis
21    for  the  exercise  of  its  discretionary  power to suspend,
22    revoke, or refuse to issue or refuse to  renew  any  license,
23    permit, or other authority or privilege.

24        (730 ILCS 5/5-5.5-15 new)
25        Sec.  5-5.5-15.  Certificates of relief from disabilities
26    issued by courts.
27        (a)  Any  circuit  court  of  this  State  may,  in   its
28    discretion,  issue  a certificate of relief from disabilities
29    to an eligible offender for a  conviction  that  occurred  in
30    that  court  if  the  court imposed a sentence other than one
31    executed by commitment to an institution under the Department
32    of Corrections. The certificate may be issued (i) at the time
33    sentence is pronounced, in which case  it  may  grant  relief
 
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 1    from forfeitures as well as from disabilities, or (ii) at any
 2    time  thereafter,  in  which  case  it  shall  apply  only to
 3    disabilities.
 4        (b)  The certificate may  not  be  issued  by  the  court
 5    unless the court is satisfied that:
 6             (1)  the  person  to  whom it is to be granted is an
 7        eligible offender, as defined in Section 5-5.5-5;
 8             (2)  the relief to be granted by the certificate  is
 9        consistent   with  the  rehabilitation  of  the  eligible
10        offender; and
11             (3)  the relief to be granted by the certificate  is
12        consistent with the public interest.
13        (c)  If  a certificate of relief from disabilities is not
14    issued at the time sentence is pronounced it  shall  only  be
15    issued thereafter upon verified application to the court. The
16    court  may,  for  the  purpose  of  determining  whether  the
17    certificate  shall  be issued, request the probation or court
18    services  department  to  conduct  an  investigation  of  the
19    applicant.  Any  probation  officer  requested  to  make   an
20    investigation  under this Section shall prepare and submit to
21    the court a written report in accordance with the request.
22        (d) Any court that has issued  a  certificate  of  relief
23    from  disabilities may at any time issue a new certificate to
24    enlarge the  relief  previously  granted  provided  that  the
25    provisions  of  clauses  (1) through (3) of subsection (b) of
26    this  Section  apply  to  the  issuance  of  any   such   new
27    certificate.
28        (e)  Any written report submitted to the court under this
29    Section  is confidential and may not be made available to any
30    person or public or private  agency  except  if  specifically
31    required   or   permitted   by   statute   or  upon  specific
32    authorization  of  the  court.  However,  it  shall  be  made
33    available by the court for  examination  by  the  applicant's
34    attorney,  or  the applicant himself or herself, if he or she
 
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 1    has no attorney. In its discretion, the court may except from
 2    disclosure a part  or  parts  of  the  report  that  are  not
 3    relevant  to  the  granting  of  a certificate, or sources of
 4    information  which  have  been  obtained  on  a  promise   of
 5    confidentiality,   or   any  other  portion  of  the  report,
 6    disclosure of which would not be in the interest of  justice.
 7    The action of the court excepting information from disclosure
 8    shall  be  subject  to  appellate  review.  The court, in its
 9    discretion, may  hold  a  conference  in  open  court  or  in
10    chambers  to afford an applicant an opportunity to controvert
11    or to comment upon any portions of the report. The court  may
12    also  conduct  a  summary  hearing  at  the conference on any
13    matter relevant to the granting of the  application  and  may
14    take testimony under oath.

15        (730 ILCS 5/5-5.5-20 new)
16        Sec.  5-5.5-20.  Certificates of relief from disabilities
17    issued by the Prisoner Review Board.
18        (a) The Prisoner Review Board shall  have  the  power  to
19    issue a certificate of relief from disabilities to:
20             (1)    any  eligible offender who has been committed
21        to  an  institution  under  the   jurisdiction   of   the
22        Department  of Corrections. The certificate may be issued
23        by the Board at the time the offender  is  released  from
24        the   institution  under  the  conditions  of  parole  or
25        mandatory supervised release or at any  time  thereafter;
26        or
27             (2)  any  eligible  offender who resides within this
28        State and whose judgment of conviction was rendered by  a
29        court in any other jurisdiction.
30        (b) If the Prisoner Review Board has issued a certificate
31    of  relief from disabilities, the Board may at any time issue
32    a new certificate enlarging the relief previously granted.
33        (c)  The  Prisoner  Review  Board  may  not   issue   any
 
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 1    certificate of relief from disabilities under subsections (a)
 2    or (b), unless the Board is satisfied that:
 3             (1)  the  person  to  whom it is to be granted is an
 4        eligible offender, as defined in Section 5-5.5-5;
 5             (2)  the relief to be granted by the certificate  is
 6        consistent   with  the  rehabilitation  of  the  eligible
 7        offender; and
 8             (3)  the relief to be granted by the certificate  is
 9        consistent with the public interest.
10        (d)  Any  certificate  of relief from disabilities issued
11    by the Prisoner Review Board to an eligible offender, who  at
12    time  of  the  issuance  of  the  certificate  is  under  the
13    conditions   of   parole   or  mandatory  supervised  release
14    established by the Board, shall be deemed to be  a  temporary
15    certificate  until  such  time  as  the  eligible offender is
16    discharged from parole or mandatory supervised release,  and,
17    while  temporary, the certificate may be revoked by the Board
18    for violation  of  the  conditions  of  parole  or  mandatory
19    supervised  release.  Revocation  shall be upon notice to the
20    parolee or releasee, who shall be accorded an opportunity  to
21    explain  the  violation prior to a decision on the revocation
22    of the certificate. If the certificate is not so revoked,  it
23    shall  become  a  permanent  certificate  upon  expiration or
24    termination of the offender's parole or mandatory  supervised
25    release term.
26        (e)  In granting or revoking a certificate of relief from
27    disabilities, the action of the Prisoner Review  Board  shall
28    be  by  unanimous  vote of the members authorized to grant or
29    revoke parole or mandatory supervised release.
30        (f)  The certificate  may  be  limited  to  one  or  more
31    enumerated   disabilities   or   bars,  or  may  relieve  the
32    individual of all disabilities and bars.

33        (730 ILCS 5/5-5.5-25 new)
 
                            -15-     LRB093 06586 RLC 13608 a
 1        Sec. 5-5.5-25. Certificate of good conduct.
 2        (a)  A certificate of good  conduct  may  be  granted  as
 3    provided  in  this Section to relieve an eligible offender of
 4    any  disability,  or  to  remove  any  bar  to  his  or   her
 5    employment,  automatically imposed by law by reason of his or
 6    her conviction of the crime or of the  offense  specified  in
 7    the  certificate.  The  certificate  may be limited to one or
 8    more enumerated disabilities  or  bars  or  may  relieve  the
 9    individual of all disabilities and bars.
10        (b)  Notwithstanding   any  other  provision  of  law,  a
11    conviction of a  crime  or  of  an  offense  specified  in  a
12    certificate  of  good  conduct  may  not  be  deemed  to be a
13    conviction within the meaning of any provision  of  law  that
14    imposes,  by reason of a conviction, a bar to any employment,
15    a disability to exercise any right or a disability  to  apply
16    for  or  to receive any license, permit or other authority or
17    privilege covered by the certificate.
18        (c)  A certificate of good conduct may not,  however,  in
19    any  way  prevent any judicial, administrative, licensing, or
20    other  body,  board,  or  authority  from   considering   the
21    conviction  specified  in  the certificate in accordance with
22    the provisions of this Article.

23        (730 ILCS 5/5-5.5-30 new)
24        Sec. 5-5.5-30. Issuance of certificate of good conduct.
25        (a)  The Prisoner Review Board, or any 3 members  of  the
26    Board  by  unanimous  vote,  shall  have the power to issue a
27    certificate  of  good  conduct  to  any   eligible   offender
28    previously convicted of a crime in this State, when the Board
29    is satisfied that:
30             (1)  the  applicant has conducted himself or herself
31        in a manner warranting the issuance for a minimum  period
32        in  accordance  with  the provisions of subsection (c) of
33        this Section;
 
                            -16-     LRB093 06586 RLC 13608 a
 1             (2)  the relief to be granted by the certificate  is
 2        consistent with the rehabilitation of the applicant; and
 3             (3)  the relief to be granted is consistent with the
 4        public interest.
 5        (b)  The  Prisoner  Review Board, or any 3 members of the
 6    Board by unanimous vote, shall have  the  power  to  issue  a
 7    certificate   of   good  conduct  to  any  person  previously
 8    convicted of a crime in  any  other  jurisdiction,  when  the
 9    Board is satisfied that:
10             (1)  the applicant has demonstrated that there exist
11        specific facts and circumstances and specific Sections of
12        Illinois  State  law  that  have an adverse impact on the
13        applicant and warrant the application for  relief  to  be
14        made in Illinois; and
15             (2)  the  provisions of paragraphs (1), (2), and (3)
16        of subsection (a) of this Section have been met.
17        (c)  The minimum period of good conduct by the individual
18    referred to in  paragraph  (1)  of  subsection  (a)  of  this
19    Section,  shall  be  as follows: if the most serious crime of
20    which the individual was  convicted  is  a  misdemeanor,  the
21    minimum period of good conduct shall be one year; if the most
22    serious  crime  of  which  the  individual was convicted is a
23    Class 1, 2, 3, or  4  felony,  the  minimum  period  of  good
24    conduct  shall  be 3 years; and, if the most serious crime of
25    which the individual was convicted is first degree murder  or
26    a Class X felony, the minimum period of good conduct shall be
27    5  years.  Criminal acts committed outside the State shall be
28    classified as acts committed within the State  based  on  the
29    maximum  sentence that could have been imposed based upon the
30    conviction under the laws of the  foreign  jurisdiction.  The
31    minimum  period  of  good  conduct by the individual shall be
32    measured either from the date of  the  payment  of  any  fine
33    imposed  upon  him  or  her,  or  from the date of his or her
34    release from custody by parole, mandatory supervised  release
 
                            -17-     LRB093 06586 RLC 13608 a
 1    or  commutation  or  termination  of his or her sentence. The
 2    Board  shall  have  power  and  it  shall  be  its  duty   to
 3    investigate  all  persons when the application is made and to
 4    grant or deny the same within a  reasonable  time  after  the
 5    making of the application.
 6        (d) If the Prisoner Review Board has issued a certificate
 7    of  good  conduct,  the  Board  may  at  any time issue a new
 8    certificate enlarging the relief previously granted.
 9        (e) Any certificate  of  good  conduct  by  the  Prisoner
10    Review Board to an individual who at the time of the issuance
11    of  the  certificate  is  under  the  conditions of parole or
12    mandatory supervised release imposed by the  Board  shall  be
13    deemed  to  be  a temporary certificate until the time as the
14    individual  is  discharged  from  the  terms  of  parole   or
15    mandatory  supervised  release,  and,  while  temporary,  the
16    certificate  may be revoked by the Board for violation of the
17    conditions  of  parole  or  mandatory   supervised   release.
18    Revocation  shall  be upon notice to the parolee or releasee,
19    who shall be accorded an opportunity to explain the violation
20    prior to a decision on the revocation. If the certificate  is
21    not  so revoked, it shall become a permanent certificate upon
22    expiration  or  termination  of  the  offender's  parole   or
23    mandatory supervised release term.

24        (730 ILCS 5/5-5.5-35 new)
25        Sec.  5-5.5-35.  Effect  of  revocation;  use  of revoked
26    certificate.
27        (a) If a  certificate  of  relief  from  disabilities  is
28    deemed  to  be  temporary  and  the  certificate  is revoked,
29    disabilities  and  forfeitures  thereby  relieved  shall   be
30    reinstated  as  of the date upon which the person to whom the
31    certificate  was  issued  receives  written  notice  of   the
32    revocation.  Any such person shall upon receipt of the notice
33    surrender the certificate to the issuing court or Board.
 
                            -18-     LRB093 06586 RLC 13608 a
 1        (b) A person who knowingly uses  or  attempts  to  use  a
 2    revoked  certificate  of relief from disabilities in order to
 3    obtain or to exercise any right or privilege that he  or  she
 4    would  not  be  entitled  to  obtain or to exercise without a
 5    valid certificate is guilty of a Class A misdemeanor.

 6        (730 ILCS 5/5-5.5-40 new)
 7        Sec. 5-5.5-40. Forms and filing.
 8        (a)  All  applications,  certificates,  and   orders   of
 9    revocation  necessary  for the purposes of this Article shall
10    be  upon  forms  prescribed  under  an  agreement  among  the
11    Director of Corrections and  the  Chairman  of  the  Prisoner
12    Review  Board  and  the Chief Justice of the Supreme Court or
13    his or her designee. The forms relating  to  certificates  of
14    relief from disabilities shall be distributed by the Director
15    of  the  Division of Probation Services and forms relating to
16    certificates of good conduct  shall  be  distributed  by  the
17    Chairman of the Prisoner Review Board.
18        (b)   Any   court   or  board  issuing  or  revoking  any
19    certificate under this Article shall immediately file a  copy
20    of  the  certificate  or  of the order of revocation with the
21    Director of State Police.

22        (730 ILCS 5/5-5.5-45 new)
23        Sec. 5-5.5-45. Certificate not  to  be  deemed  to  be  a
24    pardon.  Nothing contained in this Article shall be deemed to
25    alter or limit or affect the manner of applying  for  pardons
26    to the Governor, and no certificate issued under this Article
27    shall be deemed or construed to be a pardon.

28        (730 ILCS 5/5-5.5-50 new)
29        Sec.  5-5.5-50.  Report.  The  Department of Professional
30    Regulation shall report to the General Assembly  by  November
31    30  of  each  year, for each occupational licensure category,
 
                            -19-     LRB093 06586 RLC 13608 a
 1    the number of licensure applicants with  felony  convictions,
 2    the  number  of  applicants  with certificates of relief from
 3    disabilities, the number of licenses  awarded  to  applicants
 4    with  felony  convictions,  the number of licenses awarded to
 5    applicants with certificates of relief from disabilities, the
 6    number of applicants with felony convictions denied licenses,
 7    and the number of applicants with certificates of relief from
 8    disabilities denied licenses.

 9        Section 99.   Effective  date.   This  Act  takes  effect
10    January 1, 2004.".