Illinois General Assembly - Full Text of HB0353
Illinois General Assembly

Previous General Assemblies

Full Text of HB0353  101st General Assembly

HB0353 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0353

 

Introduced , by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
730 ILCS 5/3-2-3  from Ch. 38, par. 1003-2-3
730 ILCS 5/3-3-1  from Ch. 38, par. 1003-3-1
730 ILCS 5/3-3-2  from Ch. 38, par. 1003-3-2

    Amends the Unified Code of Corrections. Requires the Director of Corrections to revise and implement the mission statement of the Department of Corrections to include the goal of rehabilitation of inmates where appropriate. Increases the salary of Chairman and the members of the Prisoner Review Board by $10,000. Reduces the number of members on the Board required to have at least 3 years experience in the field of juvenile matters from 6 to 3. Recommends 3 members of the Board to have had at least 3 years experience with social justice, social service, or mental health. Provides that notwithstanding any provision of law to the contrary, the Board may reconsider the extension or modification of parole for up to 10 years for a person who has been convicted of a "crime of violence" as defined in the Crime Victims Compensation Act.


LRB101 06781 SLF 51808 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0353LRB101 06781 SLF 51808 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unified Code of Corrections is amended by
5changing Sections 3-2-3, 3-3-1, and 3-3-2 as follows:
 
6    (730 ILCS 5/3-2-3)  (from Ch. 38, par. 1003-2-3)
7    Sec. 3-2-3. Director; Appointment; Powers and Duties.
8    (a) The Department shall be administered by the Director of
9Corrections who shall be appointed by the Governor in
10accordance with the Civil Administrative Code of Illinois.
11    (b) The Director shall establish such Divisions within the
12Department in addition to those established under Sections
133-2-5 and 3-2-5.5 as shall be desirable and shall assign to the
14various Divisions the responsibilities and duties placed in the
15Department by the laws of this State.
16    (c) The Director shall revise and implement the mission
17statement of the Department to include the goal of
18rehabilitation of inmates where appropriate.
19(Source: P.A. 100-527, eff. 6-1-18.)
 
20    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
21    Sec. 3-3-1. Establishment and appointment of Prisoner
22Review Board.

 

 

HB0353- 2 -LRB101 06781 SLF 51808 b

1    (a) There shall be a Prisoner Review Board independent of
2the Department which shall be:
3        (1) the paroling authority for persons sentenced under
4    the law in effect prior to the effective date of this
5    amendatory Act of 1977;
6        (1.5) (blank);
7        (2) the board of review for cases involving the
8    revocation of sentence credits or a suspension or reduction
9    in the rate of accumulating the credit;
10        (3) the board of review and recommendation for the
11    exercise of executive clemency by the Governor;
12        (4) the authority for establishing release dates for
13    certain prisoners sentenced under the law in existence
14    prior to the effective date of this amendatory Act of 1977,
15    in accordance with Section 3-3-2.1 of this Code;
16        (5) the authority for setting conditions for parole and
17    mandatory supervised release under Section 5-8-1(a) of
18    this Code, and determining whether a violation of those
19    conditions warrant revocation of parole or mandatory
20    supervised release or the imposition of other sanctions;
21    and
22        (6) the authority for determining whether a violation
23    of aftercare release conditions warrant revocation of
24    aftercare release.
25    (b) The Board shall consist of 15 persons appointed by the
26Governor by and with the advice and consent of the Senate. One

 

 

HB0353- 3 -LRB101 06781 SLF 51808 b

1member of the Board shall be designated by the Governor to be
2Chairman and shall serve as Chairman at the pleasure of the
3Governor. The members of the Board shall have had at least 5
4years of actual experience in the fields of penology,
5corrections work, law enforcement, sociology, law, education,
6social work, medicine, psychology, other behavioral sciences,
7or a combination thereof. At least 3 6 members so appointed
8must have had at least 3 years experience in the field of
9juvenile matters. It shall be recommended that at least 3
10members have had at least 3 years experience with social
11justice, social service, or mental health. No more than 8 Board
12members may be members of the same political party.
13    Each member of the Board shall serve on a full-time basis
14and shall not hold any other salaried public office, whether
15elective or appointive, nor any other office or position of
16profit, nor engage in any other business, employment, or
17vocation. The Chairman of the Board shall receive $45,000
18$35,000 a year, or an amount set by the Compensation Review
19Board, whichever is greater, and each other member $40,000,
20$30,000, or an amount set by the Compensation Review Board,
21whichever is greater.
22    (c) Notwithstanding any other provision of this Section,
23the term of each member of the Board who was appointed by the
24Governor and is in office on June 30, 2003 shall terminate at
25the close of business on that date or when all of the successor
26members to be appointed pursuant to this amendatory Act of the

 

 

HB0353- 4 -LRB101 06781 SLF 51808 b

193rd General Assembly have been appointed by the Governor,
2whichever occurs later. As soon as possible, the Governor shall
3appoint persons to fill the vacancies created by this
4amendatory Act.
5    Of the initial members appointed under this amendatory Act
6of the 93rd General Assembly, the Governor shall appoint 5
7members whose terms shall expire on the third Monday in January
82005, 5 members whose terms shall expire on the third Monday in
9January 2007, and 5 members whose terms shall expire on the
10third Monday in January 2009. Their respective successors shall
11be appointed for terms of 6 years from the third Monday in
12January of the year of appointment. Each member shall serve
13until his or her successor is appointed and qualified.
14    Any member may be removed by the Governor for incompetence,
15neglect of duty, malfeasance or inability to serve.
16    (d) The Chairman of the Board shall be its chief executive
17and administrative officer. The Board may have an Executive
18Director; if so, the Executive Director shall be appointed by
19the Governor with the advice and consent of the Senate. The
20salary and duties of the Executive Director shall be fixed by
21the Board.
22(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
23    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
24    Sec. 3-3-2. Powers and duties.
25    (a) The Parole and Pardon Board is abolished and the term

 

 

HB0353- 5 -LRB101 06781 SLF 51808 b

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

 

 

HB0353- 6 -LRB101 06781 SLF 51808 b

1    presentation and discussion;
2        (3) hear by at least one member and through a panel of
3    at least 3 members decide, the conditions of mandatory
4    supervised release and the time of discharge from mandatory
5    supervised release, impose sanctions for violations of
6    mandatory supervised release, and revoke mandatory
7    supervised release for those sentenced under the law in
8    effect after the effective date of this amendatory Act of
9    1977;
10        (3.5) hear by at least one member and through a panel
11    of at least 3 members decide, the conditions of mandatory
12    supervised release and the time of discharge from mandatory
13    supervised release, to impose sanctions for violations of
14    mandatory supervised release and revoke mandatory
15    supervised release for those serving extended supervised
16    release terms pursuant to paragraph (4) of subsection (d)
17    of Section 5-8-1;
18        (3.6) hear by at least one member and through a panel
19    of at least 3 members decide whether to revoke aftercare
20    release for those committed to the Department of Juvenile
21    Justice under the Juvenile Court Act of 1987;
22        (4) 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 alleged violation of Department rules with
26    respect to sentence credits under Section 3-6-3 of this

 

 

HB0353- 7 -LRB101 06781 SLF 51808 b

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

 

 

HB0353- 8 -LRB101 06781 SLF 51808 b

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

 

 

HB0353- 9 -LRB101 06781 SLF 51808 b

1            (B) until 5 years have elapsed since any arrests or
2        detentions by a law enforcement officer for an alleged
3        violation of law, other than a petty offense, traffic
4        offense, conservation offense, or local ordinance
5        offense;
6            (C) if convicted of a violation of the Cannabis
7        Control Act, Illinois Controlled Substances Act, the
8        Methamphetamine Control and Community Protection Act,
9        the Methamphetamine Precursor Control Act, or the
10        Methamphetamine Precursor Tracking Act unless the
11        petitioner has completed a drug abuse program for the
12        offense on which sealing is sought and provides proof
13        that he or she has completed the program successfully;
14            (D) if convicted of:
15                (i) a sex offense described in Article 11 or
16            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
17            the Criminal Code of 1961 or the Criminal Code of
18            2012;
19                (ii) aggravated assault;
20                (iii) aggravated battery;
21                (iv) domestic battery;
22                (v) aggravated domestic battery;
23                (vi) violation of an order of protection;
24                (vii) an offense under the Criminal Code of
25            1961 or the Criminal Code of 2012 involving a
26            firearm;

 

 

HB0353- 10 -LRB101 06781 SLF 51808 b

1                (viii) driving while under the influence of
2            alcohol, other drug or drugs, intoxicating
3            compound or compounds or any combination thereof;
4                (ix) aggravated driving while under the
5            influence of alcohol, other drug or drugs,
6            intoxicating compound or compounds or any
7            combination thereof; or
8                (x) any crime defined as a crime of violence
9            under Section 2 of the Crime Victims Compensation
10            Act.
11        If a person has applied to the Board for a certificate
12    of eligibility for sealing and the Board denies the
13    certificate, the person must wait at least 4 years before
14    filing again or filing for pardon from the Governor unless
15    the Chairman of the Prisoner Review Board grants a waiver.
16        Notwithstanding any provision of law to the contrary,
17    the Board may reconsider the extension or modification of
18    parole for up to 10 years for a person who has been
19    convicted of a "crime of violence" as defined in Section 2
20    of the Crime Victims Compensation Act.
21        The decision to issue or refrain from issuing a
22    certificate of eligibility for sealing shall be at the
23    Board's sole discretion, and shall not give rise to any
24    cause of action against either the Board or its members.
25        The Board may only authorize the sealing of Class 3 and
26    4 felony convictions of the petitioner from one information

 

 

HB0353- 11 -LRB101 06781 SLF 51808 b

1    or indictment under this paragraph (10). A petitioner may
2    only receive one certificate of eligibility for sealing
3    under this provision for life; and
4        (11) upon a petition by a person who after having been
5    convicted of a Class 3 or Class 4 felony thereafter served
6    in the United States Armed Forces or National Guard of this
7    or any other state and had received an honorable discharge
8    from the United States Armed Forces or National Guard or
9    who at the time of filing the petition is enlisted in the
10    United States Armed Forces or National Guard of this or any
11    other state and served one tour of duty 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 expungement recommending
15    that the court order the expungement of all official
16    records of the arresting authority, the circuit court
17    clerk, and the Department of State Police concerning the
18    arrest and conviction for the Class 3 or 4 felony. A person
19    may not apply to the Board for a certificate of eligibility
20    for expungement:
21            (A) if convicted of:
22                (i) a sex offense described in Article 11 or
23            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
24            the Criminal Code of 1961 or Criminal Code of 2012;
25                (ii) an offense under the Criminal Code of 1961
26            or Criminal Code of 2012 involving a firearm; or

 

 

HB0353- 12 -LRB101 06781 SLF 51808 b

1                (iii) a crime of violence as defined in Section
2            2 of the Crime Victims Compensation Act; or
3            (B) if the person has not served in the United
4        States Armed Forces or National Guard of this or any
5        other state or has not received an honorable discharge
6        from the United States Armed Forces or National Guard
7        of this or any other state or who at the time of the
8        filing of the petition is serving in the United States
9        Armed Forces or National Guard of this or any other
10        state and has not completed one tour of duty.
11        If a person has applied to the Board for a certificate
12    of eligibility for expungement and the Board denies the
13    certificate, the person must wait at least 4 years before
14    filing again or filing for a pardon with authorization for
15    expungement from the Governor unless the Governor or
16    Chairman of the Prisoner Review Board grants a waiver.
17    (a-5) The Prisoner Review Board, with the cooperation of
18and in coordination with the Department of Corrections and the
19Department of Central Management Services, shall implement a
20pilot project in 3 correctional institutions providing for the
21conduct of hearings under paragraphs (1) and (4) of subsection
22(a) of this Section through interactive video conferences. The
23project shall be implemented within 6 months after the
24effective date of this amendatory Act of 1996. Within 6 months
25after the implementation of the pilot project, the Prisoner
26Review Board, with the cooperation of and in coordination with

 

 

HB0353- 13 -LRB101 06781 SLF 51808 b

1the Department of Corrections and the Department of Central
2Management Services, shall report to the Governor and the
3General Assembly regarding the use, costs, effectiveness, and
4future viability of interactive video conferences for Prisoner
5Review Board hearings.
6    (b) Upon recommendation of the Department the Board may
7restore sentence credit previously revoked.
8    (c) The Board shall cooperate with the Department in
9promoting an effective system of parole and mandatory
10supervised release.
11    (d) The Board shall promulgate rules for the conduct of its
12work, and the Chairman shall file a copy of such rules and any
13amendments thereto with the Director and with the Secretary of
14State.
15    (e) The Board shall keep records of all of its official
16actions and shall make them accessible in accordance with law
17and the rules of the Board.
18    (f) The Board or one who has allegedly violated the
19conditions of his or her parole, aftercare release, or
20mandatory supervised release may require by subpoena the
21attendance and testimony of witnesses and the production of
22documentary evidence relating to any matter under
23investigation or hearing. The Chairman of the Board may sign
24subpoenas which shall be served by any agent or public official
25authorized by the Chairman of the Board, or by any person
26lawfully authorized to serve a subpoena under the laws of the

 

 

HB0353- 14 -LRB101 06781 SLF 51808 b

1State of Illinois. The attendance of witnesses, and the
2production of documentary evidence, may be required from any
3place in the State to a hearing location in the State before
4the Chairman of the Board or his or her designated agent or
5agents or any duly constituted Committee or Subcommittee of the
6Board. Witnesses so summoned shall be paid the same fees and
7mileage that are paid witnesses in the circuit courts of the
8State, and witnesses whose depositions are taken and the
9persons taking those depositions are each entitled to the same
10fees as are paid for like services in actions in the circuit
11courts of the State. Fees and mileage shall be vouchered for
12payment when the witness is discharged from further attendance.
13    In case of disobedience to a subpoena, the Board may
14petition any circuit court of the State for an order requiring
15the attendance and testimony of witnesses or the production of
16documentary evidence or both. A copy of such petition shall be
17served by personal service or by registered or certified mail
18upon the person who has failed to obey the subpoena, and such
19person shall be advised in writing that a hearing upon the
20petition will be requested in a court room to be designated in
21such notice before the judge hearing motions or extraordinary
22remedies at a specified time, on a specified date, not less
23than 10 nor more than 15 days after the deposit of the copy of
24the written notice and petition in the U.S. mails addressed to
25the person at his last known address or after the personal
26service of the copy of the notice and petition upon such

 

 

HB0353- 15 -LRB101 06781 SLF 51808 b

1person. The court upon the filing of such a petition, may order
2the person refusing to obey the subpoena to appear at an
3investigation or hearing, or to there produce documentary
4evidence, if so ordered, or to give evidence relative to the
5subject matter of that investigation or hearing. Any failure to
6obey such order of the circuit court may be punished by that
7court as a contempt of court.
8    Each member of the Board and any hearing officer designated
9by the Board shall have the power to administer oaths and to
10take the testimony of persons under oath.
11    (g) Except under subsection (a) of this Section, a majority
12of the members then appointed to the Prisoner Review Board
13shall constitute a quorum for the transaction of all business
14of the Board.
15    (h) The Prisoner Review Board shall annually transmit to
16the Director a detailed report of its work for the preceding
17calendar year. The annual report shall also be transmitted to
18the Governor for submission to the Legislature.
19(Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14;
2098-756, eff. 7-16-14; 99-628, eff. 1-1-17.)