Rep. Arthur Turner

Filed: 3/18/2014

 

 


 

 


 
09800HB3668ham001LRB098 13499 RLC 56181 a

1
AMENDMENT TO HOUSE BILL 3668

2    AMENDMENT NO. ______. Amend House Bill 3668 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-3-2, 3-3-3, and 5-8-1 and by adding
6Sections 5-8-1.4 and 5-8-1.5 as follows:
 
7    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
8    Sec. 3-3-2. Powers and Duties.
9    (a) The Parole and Pardon Board is abolished and the term
10"Parole and Pardon Board" as used in any law of Illinois, shall
11read "Prisoner Review Board." After the effective date of this
12amendatory Act of 1977, the Prisoner Review Board shall provide
13by rule for the orderly transition of all files, records, and
14documents of the Parole and Pardon Board and for such other
15steps as may be necessary to effect an orderly transition and
16shall:

 

 

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1        (1) hear by at least one member and through a panel of
2    at least 3 members decide, cases of prisoners who were
3    sentenced under the law in effect prior to the effective
4    date of this amendatory Act of 1977, and who are eligible
5    for parole;
6        (2) hear by at least one member and through a panel of
7    at least 3 members decide, the conditions of parole and the
8    time of discharge from parole, impose sanctions for
9    violations of parole, and revoke parole for those sentenced
10    under the law in effect prior to this amendatory Act of
11    1977; provided that the decision to parole and the
12    conditions of parole for all prisoners who were sentenced
13    for first degree murder or who received a minimum sentence
14    of 20 years or more under the law in effect prior to
15    February 1, 1978 shall be determined by a majority vote of
16    the Prisoner Review Board. One representative supporting
17    parole and one representative opposing parole will be
18    allowed to speak. Their comments shall be limited to making
19    corrections and filling in omissions to the Board's
20    presentation and discussion;
21        (3) hear by at least one member and through a panel of
22    at least 3 members decide, the conditions of mandatory
23    supervised release and the time of discharge from mandatory
24    supervised release, impose sanctions for violations of
25    mandatory supervised release, and revoke mandatory
26    supervised release for those sentenced under the law in

 

 

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1    effect after the effective date of this amendatory Act of
2    1977;
3        (3.5) hear by at least one member and through a panel
4    of at least 3 members decide, the conditions of mandatory
5    supervised release and the time of discharge from mandatory
6    supervised release, to impose sanctions for violations of
7    mandatory supervised release and revoke mandatory
8    supervised release for those serving extended supervised
9    release terms pursuant to paragraph (4) of subsection (d)
10    of Section 5-8-1;
11        (3.6) hear by at least one member and through a panel
12    of at least 3 members decide, the time of aftercare
13    release, the conditions of aftercare release and the time
14    of discharge from aftercare release, impose sanctions for
15    violations of aftercare release, and revoke aftercare
16    release for those adjudicated delinquent under the
17    Juvenile Court Act of 1987;
18        (4) hear by at least one member and through a panel of
19    at least 3 members, decide cases brought by the Department
20    of Corrections against a prisoner in the custody of the
21    Department for alleged violation of Department rules with
22    respect to sentence credits under Section 3-6-3 of this
23    Code in which the Department seeks to revoke sentence
24    credits, if the amount of time at issue exceeds 30 days or
25    when, during any 12 month period, the cumulative amount of
26    credit revoked exceeds 30 days except where the infraction

 

 

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1    is committed or discovered within 60 days of scheduled
2    release. In such cases, the Department of Corrections may
3    revoke up to 30 days of sentence credit. The Board may
4    subsequently approve the revocation of additional sentence
5    credit, if the Department seeks to revoke sentence credit
6    in excess of thirty days. However, the Board shall not be
7    empowered to review the Department's decision with respect
8    to the loss of 30 days of sentence credit for any prisoner
9    or to increase any penalty beyond the length requested by
10    the Department;
11        (5) hear by at least one member and through a panel of
12    at least 3 members decide, the release dates for certain
13    prisoners sentenced under the law in existence prior to the
14    effective date of this amendatory Act of 1977, in
15    accordance with Section 3-3-2.1 of this Code;
16        (6) hear by at least one member and through a panel of
17    at least 3 members decide, all requests for pardon,
18    reprieve or commutation, and make confidential
19    recommendations to the Governor;
20        (7) comply with the requirements of the Open Parole
21    Hearings Act;
22        (8) hear by at least one member and, through a panel of
23    at least 3 members, decide cases brought by the Department
24    of Corrections against a prisoner in the custody of the
25    Department for court dismissal of a frivolous lawsuit
26    pursuant to Section 3-6-3(d) of this Code in which the

 

 

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1    Department seeks to revoke up to 180 days of sentence
2    credit, and if the prisoner has not accumulated 180 days of
3    sentence credit at the time of the dismissal, then all
4    sentence credit accumulated by the prisoner shall be
5    revoked;
6        (9) hear by at least 3 members, and, through a panel of
7    at least 3 members, decide whether to grant certificates of
8    relief from disabilities or certificates of good conduct as
9    provided in Article 5.5 of Chapter V;
10        (10) upon a petition by a person who has been convicted
11    of a Class 3 or Class 4 felony and who meets the
12    requirements of this paragraph, hear by at least 3 members
13    and, with the unanimous vote of a panel of 3 members, issue
14    a certificate of eligibility for sealing recommending that
15    the court order the sealing of all official records of the
16    arresting authority, the circuit court clerk, and the
17    Department of State Police concerning the arrest and
18    conviction for the Class 3 or 4 felony. A person may not
19    apply to the Board for a certificate of eligibility for
20    sealing:
21            (A) until 5 years have elapsed since the expiration
22        of his or her sentence;
23            (B) until 5 years have elapsed since any arrests or
24        detentions by a law enforcement officer for an alleged
25        violation of law, other than a petty offense, traffic
26        offense, conservation offense, or local ordinance

 

 

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1        offense;
2            (C) if convicted of a violation of the Cannabis
3        Control Act, Illinois Controlled Substances Act, the
4        Methamphetamine Control and Community Protection Act,
5        the Methamphetamine Precursor Control Act, or the
6        Methamphetamine Precursor Tracking Act unless the
7        petitioner has completed a drug abuse program for the
8        offense on which sealing is sought and provides proof
9        that he or she has completed the program successfully;
10            (D) if convicted of:
11                (i) a sex offense described in Article 11 or
12            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
13            the Criminal Code of 1961 or the Criminal Code of
14            2012;
15                (ii) aggravated assault;
16                (iii) aggravated battery;
17                (iv) domestic battery;
18                (v) aggravated domestic battery;
19                (vi) violation of an order of protection;
20                (vii) an offense under the Criminal Code of
21            1961 or the Criminal Code of 2012 involving a
22            firearm;
23                (viii) driving while under the influence of
24            alcohol, other drug or drugs, intoxicating
25            compound or compounds or any combination thereof;
26                (ix) aggravated driving while under the

 

 

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1            influence of alcohol, other drug or drugs,
2            intoxicating compound or compounds or any
3            combination thereof; or
4                (x) any crime defined as a crime of violence
5            under Section 2 of the Crime Victims Compensation
6            Act.
7        If a person has applied to the Board for a certificate
8    of eligibility for sealing and the Board denies the
9    certificate, the person must wait at least 4 years before
10    filing again or filing for pardon from the Governor unless
11    the Chairman of the Prisoner Review Board grants a waiver.
12        The decision to issue or refrain from issuing a
13    certificate of eligibility for sealing shall be at the
14    Board's sole discretion, and shall not give rise to any
15    cause of action against either the Board or its members.
16        The Board may only authorize the sealing of Class 3 and
17    4 felony convictions of the petitioner from one information
18    or indictment under this paragraph (10). A petitioner may
19    only receive one certificate of eligibility for sealing
20    under this provision for life; and
21        (11) upon a petition by a person who after having been
22    convicted of a Class 3 or Class 4 felony thereafter served
23    in the United States Armed Forces or National Guard of this
24    or any other state and had received an honorable discharge
25    from the United States Armed Forces or National Guard or
26    who at the time of filing the petition is enlisted in the

 

 

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1    United States Armed Forces or National Guard of this or any
2    other state and served one tour of duty and who meets the
3    requirements of this paragraph, hear by at least 3 members
4    and, with the unanimous vote of a panel of 3 members, issue
5    a certificate of eligibility for expungement recommending
6    that the court order the expungement of all official
7    records of the arresting authority, the circuit court
8    clerk, and the Department of State Police concerning the
9    arrest and conviction for the Class 3 or 4 felony. A person
10    may not apply to the Board for a certificate of eligibility
11    for expungement:
12            (A) if convicted of:
13                (i) a sex offense described in Article 11 or
14            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
15            the Criminal Code of 1961 or Criminal Code of 2012;
16                (ii) an offense under the Criminal Code of 1961
17            or Criminal Code of 2012 involving a firearm; or
18                (iii) a crime of violence as defined in Section
19            2 of the Crime Victims Compensation Act; or
20            (B) if the person has not served in the United
21        States Armed Forces or National Guard of this or any
22        other state or has not received an honorable discharge
23        from the United States Armed Forces or National Guard
24        of this or any other state or who at the time of the
25        filing of the petition is serving in the United States
26        Armed Forces or National Guard of this or any other

 

 

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1        state and has not completed one tour of duty.
2        If a person has applied to the Board for a certificate
3    of eligibility for expungement and the Board denies the
4    certificate, the person must wait at least 4 years before
5    filing again or filing for a pardon with authorization for
6    expungement from the Governor unless the Governor or
7    Chairman of the Prisoner Review Board grants a waiver.
8    (a-5) The Prisoner Review Board, with the cooperation of
9and in coordination with the Department of Corrections and the
10Department of Central Management Services, shall implement a
11pilot project in 3 correctional institutions providing for the
12conduct of hearings under paragraphs (1) and (4) of subsection
13(a) of this Section through interactive video conferences. The
14project shall be implemented within 6 months after the
15effective date of this amendatory Act of 1996. Within 6 months
16after the implementation of the pilot project, the Prisoner
17Review Board, with the cooperation of and in coordination with
18the Department of Corrections and the Department of Central
19Management Services, shall report to the Governor and the
20General Assembly regarding the use, costs, effectiveness, and
21future viability of interactive video conferences for Prisoner
22Review Board hearings.
23    (b) Upon recommendation of the Department the Board may
24restore sentence credit previously revoked.
25    (c) The Board shall cooperate with the Department in
26promoting an effective system of parole, aftercare release, and

 

 

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1mandatory supervised release.
2    (d) The Board shall promulgate rules for the conduct of its
3work, and the Chairman shall file a copy of such rules and any
4amendments thereto with the Director and with the Secretary of
5State.
6    (e) The Board shall keep records of all of its official
7actions and shall make them accessible in accordance with law
8and the rules of the Board.
9    (f) The Board or one who has allegedly violated the
10conditions of his or her parole, aftercare release, or
11mandatory supervised release may require by subpoena the
12attendance and testimony of witnesses and the production of
13documentary evidence relating to any matter under
14investigation or hearing. The Chairman of the Board may sign
15subpoenas which shall be served by any agent or public official
16authorized by the Chairman of the Board, or by any person
17lawfully authorized to serve a subpoena under the laws of the
18State of Illinois. The attendance of witnesses, and the
19production of documentary evidence, may be required from any
20place in the State to a hearing location in the State before
21the Chairman of the Board or his or her designated agent or
22agents or any duly constituted Committee or Subcommittee of the
23Board. Witnesses so summoned shall be paid the same fees and
24mileage that are paid witnesses in the circuit courts of the
25State, and witnesses whose depositions are taken and the
26persons taking those depositions are each entitled to the same

 

 

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1fees as are paid for like services in actions in the circuit
2courts of the State. Fees and mileage shall be vouchered for
3payment when the witness is discharged from further attendance.
4    In case of disobedience to a subpoena, the Board may
5petition any circuit court of the State for an order requiring
6the attendance and testimony of witnesses or the production of
7documentary evidence or both. A copy of such petition shall be
8served by personal service or by registered or certified mail
9upon the person who has failed to obey the subpoena, and such
10person shall be advised in writing that a hearing upon the
11petition will be requested in a court room to be designated in
12such notice before the judge hearing motions or extraordinary
13remedies at a specified time, on a specified date, not less
14than 10 nor more than 15 days after the deposit of the copy of
15the written notice and petition in the U.S. mails addressed to
16the person at his last known address or after the personal
17service of the copy of the notice and petition upon such
18person. The court upon the filing of such a petition, may order
19the person refusing to obey the subpoena to appear at an
20investigation or hearing, or to there produce documentary
21evidence, if so ordered, or to give evidence relative to the
22subject matter of that investigation or hearing. Any failure to
23obey such order of the circuit court may be punished by that
24court as a contempt of court.
25    Each member of the Board and any hearing officer designated
26by the Board shall have the power to administer oaths and to

 

 

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1take the testimony of persons under oath.
2    (g) Except under subsection (a) of this Section, a majority
3of the members then appointed to the Prisoner Review Board
4shall constitute a quorum for the transaction of all business
5of the Board.
6    (h) The Prisoner Review Board shall annually transmit to
7the Director a detailed report of its work for the preceding
8calendar year. The annual report shall also be transmitted to
9the Governor for submission to the Legislature.
10    (i) The Prisoner Review Board may grant participation in
11the Sentence Modification Program in accordance with Section
125-8-1.4.
13(Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13;
1497-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff.
151-1-14; revised 8-28-13.)
 
16    (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
17    Sec. 3-3-3. Eligibility for Parole or Release.
18    (a) (Blank). Except for those offenders who accept the
19fixed release date established by the Prisoner Review Board
20under Section 3-3-2.1, every person serving a term of
21imprisonment under the law in effect prior to the effective
22date of this amendatory Act of 1977 shall be eligible for
23parole when he or she has served:
24        (1) the minimum term of an indeterminate sentence less
25    time credit for good behavior, or 20 years less time credit

 

 

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1    for good behavior, whichever is less; or
2        (2) 20 years of a life sentence less time credit for
3    good behavior; or
4        (3) 20 years or one-third of a determinate sentence,
5    whichever is less, less time credit for good behavior.
6    (b) No person sentenced under this amendatory Act of 1977
7or who accepts a release date under Section 3-3-2.1 shall be
8eligible for parole.
9    (c) Except for those sentenced to a term of natural life
10imprisonment, every person sentenced to imprisonment under
11this amendatory Act of 1977 or given a release date under
12Section 3-3-2.1 of this Act shall serve the full term of a
13determinate sentence less time credit for good behavior and
14shall then be released under the mandatory supervised release
15provisions of paragraph (d) of Section 5-8-1 of this Code.
16    (d) No person serving a term of natural life imprisonment
17may be paroled or released except through executive clemency.
18    (e) Every person committed to the Department of Juvenile
19Justice under Section 5-10 of the Juvenile Court Act or Section
205-750 of the Juvenile Court Act of 1987 or Section 5-8-6 of
21this Code and confined in the State correctional institutions
22or facilities if such juvenile has not been tried as an adult
23shall be eligible for aftercare release without regard to the
24length of time the person has been confined or whether the
25person has served any minimum term imposed. However, if a
26juvenile has been tried as an adult he or she shall only be

 

 

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1eligible for parole or mandatory supervised release as an adult
2under this Section.
3(Source: P.A. 98-558, eff. 1-1-14.)
 
4    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
5    Sec. 5-8-1. Natural life imprisonment; enhancements for
6use of a firearm; mandatory supervised release terms.
7    (a) Except as otherwise provided in the statute defining
8the offense or in Article 4.5 of Chapter V and except as
9otherwise provided in Sections 5-8-1.4 and 5-8-1.5, a sentence
10of imprisonment for a felony shall be a determinate sentence
11set by the court under this Section, according to the following
12limitations:
13        (1) for first degree murder,
14            (a) (blank),
15            (b) if a trier of fact finds beyond a reasonable
16        doubt that the murder was accompanied by exceptionally
17        brutal or heinous behavior indicative of wanton
18        cruelty or, except as set forth in subsection (a)(1)(c)
19        of this Section, that any of the aggravating factors
20        listed in subsection (b) or (b-5) of Section 9-1 of the
21        Criminal Code of 1961 or the Criminal Code of 2012 are
22        present, the court may sentence the defendant to a term
23        of natural life imprisonment, or
24            (c) the court shall sentence the defendant to a
25        term of natural life imprisonment when the death

 

 

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1        penalty is not imposed if the defendant,
2                (i) has previously been convicted of first
3            degree murder under any state or federal law, or
4                (ii) is a person who, at the time of the
5            commission of the murder, had attained the age of
6            17 or more and is found guilty of murdering an
7            individual under 12 years of age; or, irrespective
8            of the defendant's age at the time of the
9            commission of the offense, is found guilty of
10            murdering more than one victim, or
11                (iii) is found guilty of murdering a peace
12            officer, fireman, or emergency management worker
13            when the peace officer, fireman, or emergency
14            management worker was killed in the course of
15            performing his official duties, or to prevent the
16            peace officer or fireman from performing his
17            official duties, or in retaliation for the peace
18            officer, fireman, or emergency management worker
19            from performing his official duties, and the
20            defendant knew or should have known that the
21            murdered individual was a peace officer, fireman,
22            or emergency management worker, or
23                (iv) is found guilty of murdering an employee
24            of an institution or facility of the Department of
25            Corrections, or any similar local correctional
26            agency, when the employee was killed in the course

 

 

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1            of performing his official duties, or to prevent
2            the employee from performing his official duties,
3            or in retaliation for the employee performing his
4            official duties, or
5                (v) is found guilty of murdering an emergency
6            medical technician - ambulance, emergency medical
7            technician - intermediate, emergency medical
8            technician - paramedic, ambulance driver or other
9            medical assistance or first aid person while
10            employed by a municipality or other governmental
11            unit when the person was killed in the course of
12            performing official duties or to prevent the
13            person from performing official duties or in
14            retaliation for performing official duties and the
15            defendant knew or should have known that the
16            murdered individual was an emergency medical
17            technician - ambulance, emergency medical
18            technician - intermediate, emergency medical
19            technician - paramedic, ambulance driver, or other
20            medical assistant or first aid personnel, or
21                (vi) is a person who, at the time of the
22            commission of the murder, had not attained the age
23            of 17, and is found guilty of murdering a person
24            under 12 years of age and the murder is committed
25            during the course of aggravated criminal sexual
26            assault, criminal sexual assault, or aggravated

 

 

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1            kidnaping, or
2                (vii) is found guilty of first degree murder
3            and the murder was committed by reason of any
4            person's activity as a community policing
5            volunteer or to prevent any person from engaging in
6            activity as a community policing volunteer. For
7            the purpose of this Section, "community policing
8            volunteer" has the meaning ascribed to it in
9            Section 2-3.5 of the Criminal Code of 2012.
10            For purposes of clause (v), "emergency medical
11        technician - ambulance", "emergency medical technician -
12         intermediate", "emergency medical technician -
13        paramedic", have the meanings ascribed to them in the
14        Emergency Medical Services (EMS) Systems Act.
15            (d) (i) if the person committed the offense while
16            armed with a firearm, 15 years shall be added to
17            the term of imprisonment imposed by the court;
18                (ii) if, during the commission of the offense,
19            the person personally discharged a firearm, 20
20            years shall be added to the term of imprisonment
21            imposed by the court;
22                (iii) if, during the commission of the
23            offense, the person personally discharged a
24            firearm that proximately caused great bodily harm,
25            permanent disability, permanent disfigurement, or
26            death to another person, 25 years or up to a term

 

 

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1            of natural life shall be added to the term of
2            imprisonment imposed by the court.
3        (2) (blank);
4        (2.5) for a person convicted under the circumstances
5    described in subdivision (b)(1)(B) of Section 11-1.20 or
6    paragraph (3) of subsection (b) of Section 12-13,
7    subdivision (d)(2) of Section 11-1.30 or paragraph (2) of
8    subsection (d) of Section 12-14, subdivision (b)(1.2) of
9    Section 11-1.40 or paragraph (1.2) of subsection (b) of
10    Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or
11    paragraph (2) of subsection (b) of Section 12-14.1 of the
12    Criminal Code of 1961 or the Criminal Code of 2012, the
13    sentence shall be a term of natural life imprisonment.
14    (b) (Blank).
15    (c) (Blank).
16    (d) Subject to earlier termination under Section 3-3-8, the
17parole or mandatory supervised release term shall be written as
18part of the sentencing order and shall be as follows:
19        (1) for first degree murder or a Class X felony except
20    for the offenses of predatory criminal sexual assault of a
21    child, aggravated criminal sexual assault, and criminal
22    sexual assault if committed on or after the effective date
23    of this amendatory Act of the 94th General Assembly and
24    except for the offense of aggravated child pornography
25    under Section 11-20.1B, 11-20.3, or 11-20.1 with
26    sentencing under subsection (c-5) of Section 11-20.1 of the

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012, if
2    committed on or after January 1, 2009, 3 years;
3        (2) for a Class 1 felony or a Class 2 felony except for
4    the offense of criminal sexual assault if committed on or
5    after the effective date of this amendatory Act of the 94th
6    General Assembly and except for the offenses of manufacture
7    and dissemination of child pornography under clauses
8    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
9    of 1961 or the Criminal Code of 2012, if committed on or
10    after January 1, 2009, 2 years;
11        (3) for a Class 3 felony or a Class 4 felony, 1 year;
12        (4) for defendants who commit the offense of predatory
13    criminal sexual assault of a child, aggravated criminal
14    sexual assault, or criminal sexual assault, on or after the
15    effective date of this amendatory Act of the 94th General
16    Assembly, or who commit the offense of aggravated child
17    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
18    with sentencing under subsection (c-5) of Section 11-20.1
19    of the Criminal Code of 1961 or the Criminal Code of 2012,
20    manufacture of child pornography, or dissemination of
21    child pornography after January 1, 2009, the term of
22    mandatory supervised release shall range from a minimum of
23    3 years to a maximum of the natural life of the defendant;
24        (5) if the victim is under 18 years of age, for a
25    second or subsequent offense of aggravated criminal sexual
26    abuse or felony criminal sexual abuse, 4 years, at least

 

 

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1    the first 2 years of which the defendant shall serve in an
2    electronic home detention program under Article 8A of
3    Chapter V of this Code;
4        (6) for a felony domestic battery, aggravated domestic
5    battery, stalking, aggravated stalking, and a felony
6    violation of an order of protection, 4 years.
7    (e) (Blank).
8    (f) (Blank).
9(Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10;
1096-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff.
117-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109,
12eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
13    (730 ILCS 5/5-8-1.4 new)
14    Sec. 5-8-1.4. Sentence Modification Program.
15    (a) A committed person as defined in subsection (c) of
16Section 3-1-2 of this Code who is at least 50 years of age and
17who has served at least 25 consecutive years of imprisonment in
18a Department of Corrections institution or facility may
19petition the Prisoner Review Board ("Board") for participation
20in the Sentence Modification Program ("Program") as provided in
21this Section. The petition shall, in the first instance, be
22screened by the Department of Corrections, which shall
23determine whether the petitioner should be considered for
24participation in the Program. If the Department determines that
25the petitioner should be so considered, it shall submit the

 

 

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1petition to the Board. The Board shall notify the victims and
2the families of the victims of the committed person's offenses
3within 30 days after receiving the petition and shall provide
4an opportunity for the victims and their families to submit
5statements in support of or opposition to the petitioner's
6participation in the Program.
7     (b) The petition shall contain reasons why the committed
8person should be granted participation in the Program and, when
9possible, should provide relevant documentation and statements
10of support.
11    (c) The Board shall render its decision about the committed
12person's petition within a reasonable time after the petition
13has been filed. In deciding whether to grant or deny the
14petitioner participation in the Program, the Board shall
15consider whether the petitioner documents and demonstrates the
16following:
17        (1) successful participation in programs designed to
18    restore the committed person to a useful and productive
19    life upon release (including educational programs and
20    programs designed to deal with substance abuse or other
21    issues) and, if those programs are not available,
22    information demonstrating that the committed person has
23    attempted to participate in those programs or has engaged
24    in self-education programs, correspondence courses, or
25    other self-improvement efforts;
26        (2) the genuine reform and changed behavior the

 

 

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1    committed person has demonstrated over a period of years;
2        (3) the committed person's remorse for actions that
3    have caused pain and suffering to victims of his or her
4    offenses;
5        (4) the committed person's ability to socialize with
6    others in an acceptable manner;
7        (5) the committed person's renunciation of criminal
8    activity and gang affiliation if the committed person was a
9    member of a gang; and
10        (6) an appropriate plan for living arrangements, which
11    indicates if the person intends to seek admission to a
12    nursing facility and the name of the facility if known,
13    financial support, and any medical care that will be needed
14    when the committed person returns to society.
15    (d) The Board shall consider the petition in its entirety
16and shall not order the release of the committed person if it
17finds that the committed person poses a threat to public
18safety. If the Board determines that a committed person is
19eligible for participation in the Program and that the
20committed person should participate in the Program, the Board
21shall set the conditions for the committed person's release
22from prison before the expiration of his or her sentence. If
23the committed person's plan for living arrangements under
24paragraph (6) of subsection (c) of this Section includes
25relocation to a nursing facility, the Board shall notify the
26facility of the committed person's intent at least 30 days

 

 

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1prior to the committed person's release. The Board shall, prior
2to the committed person's release, arrange for the committed
3person to be prescreened under Section 4.03 of the Illinois Act
4on the Aging and to make application for Medicaid Long Term
5Care services and the Board shall transmit to the facility
6prior to the committed person's admission documentation of the
7prescreening and the committed person's eligibility for
8Medicaid Long Term Care services, and the committed person's
9prison and criminal history. The later shall serve to meet the
10nursing facilities obligation to perform a background check.
11When granting participation in the Program, the Board may
12require the committed person, for a period of time upon
13release, to participate in community service or to wear an
14electronic monitoring device, or both. Upon request of the
15victim or the victim's family, the Board may issue a protective
16order requiring the committed person to avoid all contact with
17specified persons. For the purpose of this Section, "nursing
18facility" means a facility licensed under the Nursing Home Care
19Act.
20    (e) A petition for participation in the Program under the
21provisions of this Section may be submitted annually, except
22that if the Board denies a petition, it may order that the
23committed person may not file a new petition for up to 3 years
24from the date of denial, if the Board finds that it is not
25reasonable to expect that it would grant a petition filed
26earlier.

 

 

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1    (f) The action of a majority of the Board members voting on
2the petition shall be the action of the Board.
3    (g) The victim or the victim's family shall be notified of
4any public meeting at which the Board intends to deliberate on
5the committed person's participation in the Program.
6    (h) Beginning on the effective date of this amendatory Act
7of the 98th General Assembly, notwithstanding any other law to
8the contrary, all persons serving sentences in the Department
9are eligible to participate in the Sentence Modification
10Program.
 
11    (730 ILCS 5/5-8-1.5 new)
12    Sec. 5-8-1.5. Medical parole. Notwithstanding any other
13provision of law to the contrary, any committed person who is
14serving a sentence, including one who has not yet served the
15minimum term of the sentence, who is diagnosed as suffering
16from a terminal or debilitating condition so as to render the
17committed person unlikely to be physically capable of
18presenting a danger to society, may be released on medical
19parole to a hospital, hospice, other licensed inpatient
20facility, or suitable housing accommodation as specified by the
21Board. The Department shall promptly notify the Board upon
22receipt of medical information that a committed person has a
23diagnosis of a terminal or debilitating condition which
24prevents him or her from filing a petition on his or her own.
25As used in this Section, "other licensed inpatient facility" or

 

 

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1"suitable housing accommodation" does not include a facility
2licensed under the Nursing Home Care Act.".