HB6622 99TH GENERAL ASSEMBLY

LRB099 23821 SLF 51339 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB6622

Introduced , by Rep. Barbara Flynn Currie

SYNOPSIS AS INTRODUCED:

730 ILCS 5/5-4.5-20
730 ILCS 5/5-4.5-25
730 ILCS 5/5-4.5-30
730 ILCS 5/5-4.5-110 new
730 ILCS 5/5-8-1	from Ch. 38, par. 1005-8-1
735 ILCS 5/3-104	from Ch. 110, par. 3-104

Amends the Unified Code of Corrections. Provides that a person who was under 25 years of age at the time of the commission of an offense, after serving 15 years or more of his or her sentence of either natural life imprisonment or a term or cumulative term of 20 years or more of imprisonment, may file a petition for sentencing review in the circuit court of the county in which he or she was originally sentenced. Provides that following the hearing, the court may affirm or reduce the petitioner's sentence, subject to certain restrictions related to the filing of a second petition. Establishes factors that the court must consider in granting or denying the petition. Provides that an offender who has petitioned the circuit court for sentencing review shall not be eligible to submit a second petition until at least 10 years have elapsed since the date on which the circuit court received and filed the initial petition. Provides that the order following a sentencing review hearing is a final judgment. Creates similar provisions that apply retroactively to persons sentenced before the effective date of the bill. Creates the Youthful Offender Parole Board which shall be the paroling authority for offenders re-sentenced under these provisions. Amends the Code of Civil Procedure. Provides that jurisdiction to review an en banc determination by the Youthful Offender Parole Board is vested in the Appellate Court of the judicial district which encompasses the county in which the appellant was originally sentenced.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unified Code of Corrections is amended by changing Sections 5-4.5-20, 5-4.5-25, 5-4.5-30, and 5-8-1 by adding Section 5-4.5-110 as follows:

(730 ILCS 5/5-4.5-20)

Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first degree murder:

(a) TERM. The defendant shall be sentenced to imprisonment or, if appropriate, death under Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). Imprisonment shall be for a determinate term, subject to Section 5-4.5-110 of this Code, of (1) not less than 20 years and not more than 60 years; (2) not less than 60 years and not more than 100 years when an extended term is imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).

(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment shall not be imposed.

(c) IMPACT INCARCERATION. The impact incarceration program or the county impact incarceration program is not an authorized disposition.

(d) PROBATION; CONDITIONAL DISCHARGE. A period of probation or conditional discharge shall not be imposed.

(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.

(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

(h) DRUG COURT. Drug court is not an authorized disposition.

(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning no credit for time spent in home detention prior to judgment.

(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) for rules and regulations for sentence credit.

(k) ELECTRONIC HOME DETENTION. Electronic home detention is not an authorized disposition, except in limited circumstances as provided in Section 5-8A-3 (730 ILCS 5/5-8A-3).

(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or mandatory supervised release term shall be 3 years upon release from imprisonment.

(Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)

(730 ILCS 5/5-4.5-25)

Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X felony:

(a) TERM. The sentence of imprisonment shall be a determinate sentence, subject to Section 5-4.5-110 of this Code, of not less than 6 years and not more than 30 years. The sentence of imprisonment for an extended term Class X felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-110 of this Code, shall be not less than 30 years and not more than 60 years.

(b) PERIODIC IMPRISONMENT. A term of periodic imprisonment shall not be imposed.

(c) IMPACT INCARCERATION. The impact incarceration program or the county impact incarceration program is not an authorized disposition.

(d) PROBATION; CONDITIONAL DISCHARGE. A period of probation or conditional discharge shall not be imposed.

(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.

(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.

(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning no credit for time spent in home detention prior to judgment.

(j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) for rules and regulations for sentence credit.

(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic home detention.

(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be 3 years upon release from imprisonment.

(Source: P.A. 97-697, eff. 6-22-12.)

(730 ILCS 5/5-4.5-30)

Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 felony:

(a) TERM. The sentence of imprisonment, other than for second degree murder, shall be a determinate sentence of not less than 4 years and not more than 15 years. The sentence of imprisonment for second degree murder shall be a determinate sentence of not less than 4 years and not more than 20 years. The sentence of imprisonment for an extended term Class 1 felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-110 of this Code, shall be a term not less than 15 years and not more than 30 years.

(b) PERIODIC IMPRISONMENT. A sentence of periodic imprisonment shall be for a definite term of from 3 to 4 years, except as otherwise provided in Section 5-5-3 or 5-7-1 (730 ILCS 5/5-5-3 or 5/5-7-1).

(c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for the impact incarceration program or the county impact incarceration program.

(d) PROBATION; CONDITIONAL DISCHARGE. Except as provided in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the period of probation or conditional discharge shall not exceed 4 years. The court shall specify the conditions of probation or conditional discharge as set forth in Section 5-6-3 (730 ILCS 5/5-6-3). In no case shall an offender be eligible for a disposition of probation or conditional discharge for a Class 1 felony committed while he or she was serving a term of probation or conditional discharge for a felony.

(e) FINE. Fines may be imposed as provided in Section 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).

(f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) concerning restitution.

(g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall be concurrent or consecutive as provided in Section 5-8-4 (730 ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).

(h) DRUG COURT. See Section 20 of the Drug Court Treatment Act (730 ILCS 166/20) concerning eligibility for a drug court program.

(i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 ILCS 5/5-4.5-100) concerning credit for time spent in home detention prior to judgment.

(j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act (730 ILCS 130/) for rules and regulations for sentence credit.

(k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for electronic home detention.

(l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or 5/5-8-1), the parole or mandatory supervised release term shall be 2 years upon release from imprisonment.

(Source: P.A. 97-697, eff. 6-22-12.)

(730 ILCS 5/5-4.5-110 new)

Sec. 5-4.5-110. Sentencing review of persons under the age of 25 at the time of the commission of an offense; Youthful Offender Parole Board.

(a) Except for those persons sentenced under subsection (c) of Section 5-4.5-105, subparagraph (c) of paragraph (1) of subsection (a) of Section 5-8-1, or paragraph (2.5) of subsection (a) of Section 5-8-1 of this Code, any person under 25 years of age at the time of the commission of an offense or offenses on or after the effective date of this amendatory Act of the 99th General Assembly, who is serving a term of imprisonment greater than the statutorily authorized disposition for each base class offense, may file a petition for sentencing review in the circuit court of the county in which he or she was originally sentenced after serving 15 years or more of his or her sentence of either natural life imprisonment or a term or cumulative term of 20 years or more of imprisonment. The procedure for sentencing review shall occur in the following manner:

(1) The chief judge of the criminal division of the circuit court located in a county of 2,000,000 or more inhabitants, or in counties under 2,000,000 inhabitants, the chief judge of the circuit or a judge assigned by the chief judge, in which the petition is filed, shall assign the matter to any judge.

(2) Upon receipt of the petition and assignment to a judge, the judge shall docket the petition. If the petitioner is without counsel and alleges in the petition for sentencing review that he or she is without means to procure counsel, he or she shall state whether or not he or she wishes counsel to be appointed to represent him or her. If appointment of counsel is requested, the court shall appoint counsel if satisfied that the petitioner has no means to procure counsel. The clerk of the circuit court shall serve a copy of the petition on the State's Attorney of that county or his or her representative.

(3) Upon receipt of the petition for sentencing review, the office of the State's Attorney shall provide the victim or family of the victim, with a copy of the petition.

(4) The petitioner, if pro se, or his or her attorney may amend the petition for sentencing review.

(5) The State's Attorney must be afforded an opportunity to respond to the petition and the court shall provide the petitioner with the opportunity to reply.

(6) Within 90 days after the filing of the petition for sentencing review, the court shall set the matter for a hearing. This date may be extended by motion of either party and at the court's discretion for good cause shown.

(7) At the sentencing review hearing, the court shall:

(A) consider in mitigation the factors listed in paragraphs (1) through (9) of subsection (a) of Section 5-4.5-105 of this Code;

(B) consider the evidence, if any, received at the trial;

(C) consider any presentence reports;

(D) consider the financial impact of incarceration based on the financial impact statement filed with the clerk of the court by the Department of Corrections;

(E) consider any additional evidence and information offered by the parties in aggravation and mitigation, including, but not limited to, scientific evidence of recidivism;

(F) consider the petitioner's overall record of behavior while incarcerated, including disciplinary history, and participation in educational, vocational, and life skills programs, including, but not limited to, restorative justice programs, and extent of cooperation with staff;

(G) consider the petitioner's acceptance of responsibility for the crime or expressions of remorse, or both; however, nothing in this subparagraph (G) shall be construed against a petitioner who avers a good faith claim of innocence;

(H) hear arguments as to sentencing alternatives;

(I) afford the petitioner the opportunity to make a statement in his or her own behalf; and

(J) afford the victim or families of victims of the crime, or both, for which the petitioner was originally sentenced an opportunity to provide a victim impact statement to the court. The court shall permit those statements and may consider the live testimony of a victim or a victim representative at its discretion.

(8) Following the hearing, the court may affirm or reduce the petitioner's sentence to any appropriate disposition for each base offense, and the court may, in its discretion, decline to impose any sentencing enhancements on the petitioner based upon the possession or use of a firearm during the commission of the offense, subject to paragraph (9) of this Section.

(9) Notwithstanding any provision of this Section to the contrary, any offender who has petitioned the circuit court for sentencing review under this Section shall not be eligible to submit a second petition under this Section until at least 10 years have elapsed since the date on which the initial petition was filed in the circuit court. In considering the second petition, the court shall follow the procedure stated in paragraphs (1) through (7) of this subsection (a). Following a hearing on the second petition under this paragraph (9), the court may affirm or reduce the petitioner's sentence to any appropriate disposition for each base offense, and the court may, in its discretion, decline to impose any sentencing enhancements on the petitioner based upon the possession or use of a firearm during the commission of the offense. The order following a hearing under this paragraph is a final judgment. The clerk of the court shall follow all applicable duties under subsection (e) of Section 5-4-1 of this Code.

(10) If following entry of an order on a second petition under paragraph (9) of this subsection or subparagraph (A) of paragraph (3) of subsection (b) of this Section, the person is serving a sentence of either natural life imprisonment or a term or cumulative term of 35 years or more of imprisonment, the person shall have one parole hearing under this Section, 10 years after the receipt and filing of the second petition. After a circuit court judge enters the order following a hearing under paragraph (9) of this Section, and if the person is serving a sentence of either natural life imprisonment or a term or cumulative term of 35 years or more of imprisonment, the clerk of the court shall notify the person, his or her attorney, the State's Attorney of the county in which the person was originally sentenced, the Department of Corrections, the victim or family of the victim of the crime if possible, the Youthful Offender Parole Board, and if in a county of 2,000,000 or more inhabitants the chief judge of the criminal division of the circuit, or if in a county under 2,000,000 inhabitants, the chief judge of the circuit court or a judge assigned by the chief judge, that the person shall be eligible for parole consideration as set forth in this Section.

(11) For those persons under 25 years of age at the time of the commission of an offense or offenses sentenced under subsection (c) of Section 5-4.5-105, subparagraph (c) of paragraph (1) of subsection (a) of Section 5-8-1, or paragraph (2.5) of subsection (a) of Section 5-8-1 of this Code on or after the effective date of this amendatory Act of the 99th General Assembly, shall have one parole hearing under this Section 35 years after the entry of the sentence.

(12) Six years prior to an eligible person's parole hearing, the Department of Corrections shall conduct a written assessment of the needs of the eligible person and identify programming and services that would be appropriate to prepare the offender for return to the community. Five years prior to an eligible person's parole hearing, the Youthful Offender Parole Board and a representative from the Department of Corrections, shall meet with the eligible person. At this meeting the representative from the Department of Corrections shall provide the eligible person and the Youthful Offender Parole Board member a copy of the written assessment and the programming that the eligible person may participate in order to prepare for return to the community. The Department of Corrections shall make the programming available to the eligible person as identified by the assessment. During this meeting with the eligible person, the Youthful Offender Parole Board member shall provide the inmate information about the parole hearing process, legal factors relevant to his or her suitability or unsuitability for parole, and personalized recommendations for the inmate regarding his or her work assignments, rehabilitative programs, and institutional behavior. Following this meeting, the eligible person has 7 calendar days to file a written request to the representative from the Department of Corrections who met with the eligible person of any additional programs and services which the eligible person believes should be included in the assessment to prepare the eligible person for return to the community. Within 30 days following the meeting, the Board shall issue its recommendations to the inmate in writing regarding the programs and services within the Department of Corrections in which the eligible person should participate in order to prepare for his or her return to the community.

(13) One year prior to the person being eligible for parole, counsel shall be appointed from the county in which he or she was originally sentenced. If appointed counsel has a good faith belief that the person is not indigent, counsel can file a motion before the parole board seeking withdrawal. If withdrawal is granted, the person retains the right to counsel in future proceedings under this Section.

(14) Nine months prior to the hearing, the Youthful Offender Parole Board shall provide the eligible person, and his or her counsel, any written documents or materials it will be considering in making its decision. The Youthful Offender Parole Board shall have an ongoing duty to provide the eligible person, and his or her counsel, with any further documents or materials that comes into its possession prior to the hearing.

(15) Nine months before the hearing, the Youthful Offender Parole Board shall provide notification to the victim or family of the victim, of the scheduled hearing date. The Youthful Offender Parole Board also shall advise the victim or family of the victim of the offense, of their rights under Section 8.1 of Article I of the Illinois Constitution and the laws of this State. The Youthful Offender Parole Board shall afford the victim or families of victims of the crime, or both, for which the petitioner was originally sentenced an opportunity to provide a victim impact statement at the parole hearing. The Youthful Offender Parole Board shall permit those statements and may consider the live testimony of a victim or a victim representative at its discretion.

(16) The eligible person has a right to be physically present at the Youthful Offender Parole Board hearing. Any form of electronic or video transmission does not constitute physical presence. At the hearing, the eligible person shall have the right to make a statement on his or her own behalf. The eligible person shall have his or her constitutional right to remain silent.

(17) The eligible person and his or her counsel have a right to present written documents and oral testimony at the Youthful Offender Parole Board hearing. If a psychological evaluation is submitted for the Youthful Offender Parole Board's consideration, it shall be prepared by a person who has expertise in adolescent brain development and behavior, and shall take into consideration the diminished culpability of youthful offenders, the hallmark features of youth, and any subsequent growth and increased maturity of the person. The eligible person and his or her counsel shall also have the right to cross-examine any witnesses appearing in opposition to the eligible person's release.

(18) The Youthful Offender Parole Board hearing shall be conducted by 3 members of the Youthful Offender Parole Board. At least one of the 3 members hearing the matter shall be a formerly incarcerated person.

(19) Only upon motion for good cause shown of the eligible person, or his or her attorney, shall the date for the Youthful Offender Parole Board hearing, as set by paragraphs (10) or (11), be changed. All hearings shall be open to the public, and shall be transcribed as provided for under the Court Reporters Act and the Court Reporter Transcript Act.

(20) It is presumed that the eligible person shall be released on parole after the Youthful Offender Parole Board hearing is conducted unless the 3-person panel unanimously finds by clear and convincing evidence that continued incarceration is required to protect the public from significant danger of harm posed by the eligible person. In making its determination of whether the presumption is overcome, the 3-person panel must consider the diminished culpability of youthful offenders, the hallmark features of youth, and any subsequent growth and maturity of the youthful offender during incarceration.

(21) Unless denied parole under paragraph (20) of this subsection, the eligible person shall be released on parole which shall operate to discharge the remaining term of years or natural life sentence imposed upon him or her, notwithstanding any required mandatory supervised release period the eligible person is required to serve.

(22) If the Youthful Offender Parole Board denies parole after conducting the hearing under paragraph (20) of this subsection (a), it shall issue a written decision denying the parole and provide that decision to the eligible person and his or her counsel.

(23) If the eligible person wishes to challenge the denial of parole, the eligible person shall submit a written request for an en banc review of the Youthful Offender Parole Board's decision under paragraph (22) of this Section. The en banc review shall be conducted by 6 members of the Youthful Offender Parole Board and shall consist of at least 2 persons who are formally incarcerated, except that any board member who participated in the decision from which the challenge is being taken may not participate in the review. Only in the event of a conflict of interest, illness, or medical emergency, may a member of the en banc panel excuse himself or herself. The review must take place within 60 days of the receipt of the written request. If after review the en banc panel unanimously agrees with the determination denying parole under paragraph (22) of this Section, the Youthful Offender Parole Board must provide written notification of its decision to the eligible person and his or her attorney. This written notification from the en banc panel constitutes a final determination.

(24) An appeal may be taken from a final determination of the Youthful Offender Parole Board.

(A) The appeal process is initiated by filing a notice of appeal within 35 days after the date that the eligible person or his or her attorney receives written notice of the final determination of the en banc panel of the Youthful Offender Parole Board. The failure to file a notice of appeal within the aforementioned time limit shall constitute a waiver of the right of appeal by the eligible person.

(B) A notice of appeal must be filed in the clerk's office of the Appellate Court of the judicial district which encompasses the county in which the appellant was originally sentenced.

(C) The notice of appeal shall state the name and inmate identification number of the eligible person; the date of the hearing before the Youthful Offender Parole Board and the date of the final determination by the en banc panel; and the inmate's present place of incarceration.

(D) Proceedings on the appeal shall be governed by Illinois Supreme Court Rule 335 and Section 3-113 of the Code of Civil Procedure. If the eligible person is indigent, the State Appellate Defender shall represent the indigent person on appeal. If appointed counsel has a good faith belief that the person is not indigent, counsel can file a motion in the appellate court seeking withdrawal. If withdrawal is granted, the person retains the right to counsel in future proceedings under this Section.

(b) Except for those individuals sentenced prior to February 1, 1978, and who are eligible for parole release by the Prisoner Review Board at the time of the effective date of this amendatory Act of the 99th General Assembly, this subsection shall operate retroactively to any person incarcerated for a offense or offenses committed before the effective date of this amendatory Act of the 99th General Assembly when he or she was under the age of 25 years and serving natural life imprisonment or a term or cumulative term of 20 years or more of imprisonment.

(1) Any person serving a term or cumulative term of 20 to 25 years, who is serving a term of imprisonment greater than the statutorily authorized disposition for each base class offense, is entitled to a single judicial sentencing review under paragraphs (1) through (8) of subsection (a) of this Section, after having served 15 years of imprisonment.

(2) Any person serving a term or cumulative term of more than 25 years, but not more than 35 years, who is serving a term of imprisonment greater than the statutorily authorized disposition for each base class offense, is entitled to sentencing review under this Section; however any person eligible under this paragraph (2), having already served more than 25 years at the time of the effective date of this amendatory Act of the 99th General Assembly, is only entitled to a single judicial sentencing review under paragraphs (1) through (8) of subsection (a) of this Section.

(3) Any person serving a term or cumulative term of more than 35 years is entitled to sentencing review as provided by this Section.

(A) Any person eligible under this paragraph (3), having already served more than 15, but less than 25 years at the time of the effective date of this amendatory Act of the 99th General Assembly, who is serving a term of imprisonment greater than the statutorily authorized disposition for each base class offense, is entitled to review as provided for in this Section. The first sentencing review shall be commenced upon the filing of a petition and considered under paragraphs (1) through (8) of subsection (a) of this Section. Any offender who has petitioned the circuit court for sentencing review under this paragraph (3) shall be eligible to submit a second petition under this Section when the eligible person has served 25 years of imprisonment. In considering the second petition, the court shall follow the procedure stated in paragraphs (1) through (7) of subsection (a) of this Section. Following a hearing on the second petition under this subparagraph (A), the court may affirm or reduce the petitioner's sentence to any appropriate disposition for each base offense, and the court may, in its discretion, decline to impose any sentencing enhancements on the petitioner based upon the possession or use of a firearm during the commission of the offense. The order following a hearing under this paragraph is a final judgment. The clerk of the court shall follow all applicable duties under subsection (e) of Section 5-4-1 of this Code.

(B) Any person eligible under this paragraph (3), having already served more than 25, but less than 35 years at the time of the effective date of this amendatory Act of the 99th General Assembly, who is serving a term of imprisonment greater than the statutorily authorized disposition for each base class offense, is entitled to a single judicial sentencing review under paragraphs (1) through (8) of subsection (a) of this Section. If following a hearing for those eligible under this subparagraph, the person is serving a sentence of either natural life imprisonment or a term or cumulative term of 35 years or more of imprisonment, the person shall have one parole hearing before the Youthful Offender Parole Board under this Section, after 10 years from the initiation of the judicial sentencing review. After a circuit court judge enters the order following a hearing under this subparagraph, and if the person is still serving a sentence of either natural life imprisonment or a term or cumulative term of 35 years or more of imprisonment, the clerk of the court shall notify the person, his or her attorney, the State's Attorney from the county in which the person was originally sentenced, the Department of Corrections, the victim or family of the victim of the crime as possible, the Youthful Offender Parole Board, and if in a county of 2,000,000 or more inhabitants the chief judge of the criminal division of the circuit, or if in a county under 2,000,000 inhabitants, the chief judge of the circuit or a judge assigned by the chief judge, that the person shall be eligible for parole consideration as set forth by this Section.

(C) Any person eligible under this paragraph (3), having already served more than 35 years at the time of the effective date of this amendatory Act of the 99th General Assembly, is entitled to elect a single judicial sentencing review if that person is serving a term of imprisonment greater than the statutorily authorized disposition for each base class offense, followed by a release determination by the Youthful Offender Parole Board 10 years from the initiation of the judicial sentencing review if the person is still subject to incarceration at that time, or immediate consideration by the Youthful Offender Parole Board.

(i) If the person elects to receive a judicial sentencing review, the matter shall proceed under paragraphs (1) through (7) of subsection (a) of this Section. Following a hearing for those eligible under this subparagraph (C) who make this election, if the person is serving a sentence of either natural life imprisonment or a term or cumulative term of 35 years or more of imprisonment, the person shall have a Youthful Offender Parole Board hearing under this Section, after 10 years from the initiation of the judicial sentencing review. After a circuit court judge enters the order following a hearing under this subparagraph, and if the person is still serving a sentence of either natural life imprisonment or a term or cumulative term of 35 years or more of imprisonment, the clerk of the court shall notify the person, his or her attorney, the State's Attorney from the county in which the person was originally sentenced, the Department of Corrections, the victim or family of the victim of the crime as possible, the Youthful Offender Parole Board, and if in a county of 2,000,000 or more inhabitants the chief judge of the criminal division of the circuit, or if in a county under 2,000,000 inhabitants, the chief judge of the circuit or a judge assigned by the chief judge, that the person shall be eligible for parole consideration as set forth by this Section.

(ii) If the person elects for consideration by the Youthful Offender Parole Board, the matter shall proceed under paragraphs (10) through (24) of subsection (a) of this Section. The assessment and recommendation under paragraph (12) of subsection (a) of this Section shall be completed within one year of the person's election under this paragraph (3). If the recommendation finds, and the person agrees, that the person should be immediately considered by the Youthful Offender Parole Board, a date for a hearing shall be set one year from the date of the recommendation, counsel shall be appointed under paragraph (13) of subsection (a) of this Section, and the matter shall proceed under paragraphs (14) through (24) of subsection (a) of this Section.

(c)(1) There is created a Youthful Offender Parole Board that is independent of the Department of Corrections. The Youthful Offender Parole Board shall be:

(A) the paroling authority for persons who have been subject to hearings under paragraphs (8), (9), (10), and (11) of subsection (a) this Section and are serving a sentence of either natural life imprisonment or a term of 20 years or more or cumulative term of 20 years or more of imprisonment;

(B) the authority for granting release under paragraph (21) of this Section; and

(C) the authority for setting conditions for parole or mandatory supervised release under subsection (a) of Section 5-8-1 of this Code of persons granted release by the Board, and determining whether a violation of those conditions warrant a violation of the remainder of the parole or mandatory supervised release term.

(2) The Youthful Offender Parole Board shall consist of 9 members: 6 of the members must strictly meet the eligibility requirements of paragraph (3) of this subsection and 3 members must strictly meet the eligibility requirements of paragraph (4) of this subsection. All members meeting the requirements of paragraphs (3) of this subsection or (4) of this subsection shall be appointed by the Governor by and with the advice and consent of the Senate. One member of the Youthful Offender Parole Board shall be designated by the Governor to be Chairman and shall serve as Chairman at the pleasure of the Governor. No more than 3 Youthful Offender Parole Board members eligible under paragraph (3) of this subsection may be members of the same political party. No more than 2 Youthful Offender Parole Board members eligible under paragraph (4) of this subsection may be members of the same political party. No more than 2 Youthful Offender Parole Board members under paragraph (3) of this subsection may use their experience in law enforcement, the prosecution of juveniles, or in corrections for their 5 years of actual experience in the field of juvenile matters.

Each member of the Board shall serve on a full-time basis and shall not hold any other salaried public office, whether elective or appointive, nor any other office or position of profit, nor engage in any other business, employment, or vocation.

(3) A person is eligible to be appointed as one of 6 members to the Youthful Offender Parole Board if the person possesses a post-college graduate degree and at least 5 years of actual experience in the field of juvenile matters.

(4) A person is eligible to be appointed as one of 3 members to the Youthful Offender Parole Board if the person has previously served a sentence of imprisonment for a total of at least 10 years in the Department of Corrections and in the 5 years prior to appointment to the Youthful Offender Parole Board has not been convicted of any felony offense in this State.

(5) Of the 9 initial members of the Youthful Offender Parole Board, the terms of 2 persons appointed under paragraph (3) of this subsection and one person appointed under paragraph (4) of this subsection expire on the third Monday in January 2021; the terms of 2 persons appointed under paragraph (3) of this subsection and one person appointed under paragraph (4) of this subsection expire on the third Monday in January 2023; and the terms of 2 persons appointed under paragraph (3) of this subsection and one person appointed under paragraph (4) of this subsection expire on the third Monday in January 2025. Their respective successors shall be appointed for terms of 6 years from the third Monday in January of their year of appointment. Beginning in January of 2025, no person shall be eligible for reappointment to the Youthful Offender Parole Board until a year has passed since the completion of his or her previous 6-year term.

Any member may be removed by the Governor for incompetence, neglect of duty, malfeasance, or inability to serve as a member of the Board.

(6) The Chairman of the Youthful Offender Parole Board shall be its chief executive and administrative officer. The Board may have an Executive Director; if so, the Executive Director shall be appointed by the Governor with the advice and consent of the Senate. The salary and duties of the Executive Director shall be fixed by the Youthful Offender Parole Board. The Youthful Offender Parole Board shall utilize the resources and services including staff of the Prisoner Review Board as established and provided by Section 3-3-1 of this Code, with the exception of Chief Legal Counsel, Chief of Operations, and Chief Administrative Officer.

(7) The Youthful Offender Parole Board shall follow the notification and advisement requirements of paragraph (12) of subsection (a) of this Section and conduct hearings under paragraph (20) of subsection (a) of this Section of all eligible persons under paragraphs (10) and (11) of subsection (a) of this Section.

(8) The Youthful Offender Parole Board shall provide an annual report to the Governor and the General Assembly concerning matters relative to its function and results of hearings under paragraphs (21), (22), and (23) of subsection (a) of this Section.

(d) Notwithstanding anything else to the contrary in this Section, nothing in this Section shall be construed to delay parole or mandatory supervised release consideration for petitioners who, prior to the effective date of this amendatory Act of the 99th General Assembly, are or will be eligible for release earlier than this Section provides. Nothing in this Section shall be construed as a limit, substitution, or bar on any person's right to sentencing relief, or any other manner of relief, obtained by order of a court in proceedings other than as provided in this Section.

(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)

(Text of Section before amendment by P.A. 99-875)

Sec. 5-8-1. Natural life imprisonment; enhancements for use of a firearm; mandatory supervised release terms.

(a) Except as otherwise provided in the statute defining the offense or in Article 4.5 of Chapter V, a sentence of imprisonment for a felony shall be a determinate sentence set by the court under this Section, according to the following limitations:

(1) for first degree murder,

(a) (blank),

(b) if a trier of fact finds beyond a reasonable doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subsection (b) or (b-5) of Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 are present, the court may sentence the defendant, subject to Section 5-4.5-105, to a term of natural life imprisonment, or

(c) the court shall sentence the defendant to a term of natural life imprisonment if the defendant, at the time of the commission of the murder, had attained the age of 18, and

(i) has previously been convicted of first degree murder under any state or federal law, or

(ii) is found guilty of murdering more than one victim, or

(iii) is found guilty of murdering a peace officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or

(iv) is found guilty of murdering an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or

(v) is found guilty of murdering an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistant or first aid personnel, or

(vi) (blank), or

(vii) is found guilty of first degree murder and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 2012.

For purposes of clause (v), "emergency medical technician - ambulance", "emergency medical technician - intermediate", "emergency medical technician - paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.

(d) (i) if the person committed the offense while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;

(ii) if, during the commission of the offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;

(iii) if, during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.

(2) (blank);

(2.5) for a person convicted under the circumstances described in subdivision (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 or paragraph (2) of subsection (d) of Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) of subsection (b) of Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or paragraph (2) of subsection (b) of Section 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012, the sentence shall be a term of natural life imprisonment.

(b) (Blank).

(c) (Blank).

(d) Subject to earlier termination under Section 3-3-8, the parole or mandatory supervised release term shall be written as part of the sentencing order and shall be as follows:

(1) for first degree murder or a Class X felony except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly and except for the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 3 years;

(2) for a Class 1 felony or a Class 2 felony except for the offense of criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly and except for the offenses of manufacture and dissemination of child pornography under clauses (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 2 years;

(3) for a Class 3 felony or a Class 4 felony, 1 year;

(4) for defendants who commit the offense of predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault, on or after the effective date of this amendatory Act of the 94th General Assembly, or who commit the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, manufacture of child pornography, or dissemination of child pornography after January 1, 2009, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant;

(5) if the victim is under 18 years of age, for a second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, at least the first 2 years of which the defendant shall serve in an electronic home detention program under Article 8A of Chapter V of this Code;

(6) for a felony domestic battery, aggravated domestic battery, stalking, aggravated stalking, and a felony violation of an order of protection, 4 years.

(e) (Blank).

(f) (Blank).

(Source: P.A. 99-69, eff. 1-1-16.)

(Text of Section after amendment by P.A. 99-875)

Sec. 5-8-1. Natural life imprisonment; enhancements for use of a firearm; mandatory supervised release terms.

(a) Except as otherwise provided in the statute defining the offense or in Article 4.5 of Chapter V, a sentence of imprisonment for a felony shall be a determinate sentence set by the court under this Section, subject to Section 5-4.5-110 of this Code, according to the following limitations:

(1) for first degree murder,

(a) (blank),

(b) if a trier of fact finds beyond a reasonable doubt that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty or, except as set forth in subsection (a)(1)(c) of this Section, that any of the aggravating factors listed in subsection (b) or (b-5) of Section 9-1 of the Criminal Code of 1961 or the Criminal Code of 2012 are present, the court may sentence the defendant, subject to Section 5-4.5-105, to a term of natural life imprisonment, or

(c) the court shall sentence the defendant to a term of natural life imprisonment if the defendant, at the time of the commission of the murder, had attained the age of 18, and

(i) has previously been convicted of first degree murder under any state or federal law, or

(ii) is found guilty of murdering more than one victim, or

(iii) is found guilty of murdering a peace officer, fireman, or emergency management worker when the peace officer, fireman, or emergency management worker was killed in the course of performing his official duties, or to prevent the peace officer or fireman from performing his official duties, or in retaliation for the peace officer, fireman, or emergency management worker from performing his official duties, and the defendant knew or should have known that the murdered individual was a peace officer, fireman, or emergency management worker, or

(iv) is found guilty of murdering an employee of an institution or facility of the Department of Corrections, or any similar local correctional agency, when the employee was killed in the course of performing his official duties, or to prevent the employee from performing his official duties, or in retaliation for the employee performing his official duties, or

(v) is found guilty of murdering an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver or other medical assistance or first aid person while employed by a municipality or other governmental unit when the person was killed in the course of performing official duties or to prevent the person from performing official duties or in retaliation for performing official duties and the defendant knew or should have known that the murdered individual was an emergency medical technician - ambulance, emergency medical technician - intermediate, emergency medical technician - paramedic, ambulance driver, or other medical assistant or first aid personnel, or

(vi) (blank), or

(vii) is found guilty of first degree murder and the murder was committed by reason of any person's activity as a community policing volunteer or to prevent any person from engaging in activity as a community policing volunteer. For the purpose of this Section, "community policing volunteer" has the meaning ascribed to it in Section 2-3.5 of the Criminal Code of 2012.

For purposes of clause (v), "emergency medical technician - ambulance", "emergency medical technician - intermediate", "emergency medical technician - paramedic", have the meanings ascribed to them in the Emergency Medical Services (EMS) Systems Act.

(d) (i) if the person committed the offense while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;

(ii) if, during the commission of the offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;

(iii) if, during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.

(2) (blank);

(2.5) for a person who has attained the age of 18 years at the time of the commission of the offense and who is convicted under the circumstances described in subdivision (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 or paragraph (2) of subsection (d) of Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) of subsection (b) of Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or paragraph (2) of subsection (b) of Section 12-14.1 of the Criminal Code of 1961 or the Criminal Code of 2012, the sentence shall be a term of natural life imprisonment.

(b) (Blank).

(c) (Blank).

(d) Subject to earlier termination under Section 3-3-8 or 5-4.5-110, the parole or mandatory supervised release term shall be written as part of the sentencing order and shall be as follows:

(1) for first degree murder or a Class X felony except for the offenses of predatory criminal sexual assault of a child, aggravated criminal sexual assault, and criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly and except for the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 3 years;

(2) for a Class 1 felony or a Class 2 felony except for the offense of criminal sexual assault if committed on or after the effective date of this amendatory Act of the 94th General Assembly and except for the offenses of manufacture and dissemination of child pornography under clauses (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, if committed on or after January 1, 2009, 2 years;

(3) for a Class 3 felony or a Class 4 felony, 1 year;

(4) for defendants who commit the offense of predatory criminal sexual assault of a child, aggravated criminal sexual assault, or criminal sexual assault, on or after the effective date of this amendatory Act of the 94th General Assembly, or who commit the offense of aggravated child pornography under Section 11-20.1B, 11-20.3, or 11-20.1 with sentencing under subsection (c-5) of Section 11-20.1 of the Criminal Code of 1961 or the Criminal Code of 2012, manufacture of child pornography, or dissemination of child pornography after January 1, 2009, the term of mandatory supervised release shall range from a minimum of 3 years to a maximum of the natural life of the defendant;

(5) if the victim is under 18 years of age, for a second or subsequent offense of aggravated criminal sexual abuse or felony criminal sexual abuse, 4 years, at least the first 2 years of which the defendant shall serve in an electronic home detention program under Article 8A of Chapter V of this Code;

(6) for a felony domestic battery, aggravated domestic battery, stalking, aggravated stalking, and a felony violation of an order of protection, 4 years.

(e) (Blank).

(f) (Blank).

(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17.)

Section 10. The Code of Civil Procedure is amended by changing Section 3-104 as follows:

(735 ILCS 5/3-104) (from Ch. 110, par. 3-104)

Sec. 3-104. Jurisdiction and venue. Jurisdiction to review final administrative decisions is vested in the Circuit Courts, except as to a final order of the Illinois Educational Labor Relations Board in which case jurisdiction to review a final order is vested in the Appellate Court of a judicial district in which the Board maintains an office. Jurisdiction to review an en banc determination by the Youthful Offender Parole Board is vested in the Appellate Court of the judicial district which encompasses the county in which the appellant was originally sentenced. If the venue of the action to review a final administrative decision is expressly prescribed in the particular statute under authority of which the decision was made, such venue shall control, but if the venue is not so prescribed, an action to review a final administrative decision may be commenced in the Circuit Court of any county in which (1) any part of the hearing or proceeding culminating in the decision of the administrative agency was held, or (2) any part of the subject matter involved is situated, or (3) any part of the transaction which gave rise to the proceedings before the agency occurred. The court first acquiring jurisdiction of any action to review a final administrative decision shall have and retain jurisdiction of the action until final disposition of the action.

(Source: P.A. 88-1.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.