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Full Text of HB5126  102nd General Assembly

HB5126 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5126

 

Introduced 1/27/2022, by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Unified Code of Corrections. Provides that at least 5 members of the Prisoner Review Board shall have actual experience in the law enforcement profession as law enforcement officers or prosecutors. Provides that the decision to parole and the conditions of parole for all prisoners who were sentenced for first degree murder shall be determined by at least a two-thirds vote of the entire membership of the Prisoner Review Board. Provides that at the parole hearing one representative of the person under consideration for parole designated by that person or his or her legal representative may present oral testimony in support of parole, one representative of law enforcement from the county of conviction designated by the State's Attorney of that county may present oral testimony concerning the impact of parole on public safety and the community, and one family member of each victim of the crime committed by the person under consideration for parole may present oral testimony of the impact the person under consideration for parole has made on his or her life and his or her family's lives. Provides that a person intending to present oral testimony at the parole hearing shall give the Board at least 7 days notice prior to the hearing. Amends the Open Parole Hearings Act. Provides that en banc hearings of the Board shall be available for live viewing by the public through livestream made available on the Prisoner Review Board's website. Provides that a Board decision concerning parole, or parole or aftercare release revocation for an inmate convicted of first degree murder shall be sent to the Governor and the Governor shall either grant or deny parole, or parole or aftercare release revocation of an inmate convicted of first degree murder, and the decision shall be final upon action by the Governor. The decision of the Governor concerning parole, or parole or aftercare release revocation of an inmate convicted of first degree murder, shall be delivered to the inmate. Provides that those decisions are subject to disclosure under the Freedom of Information Act.


LRB102 24084 RLC 34988 b

 

 

A BILL FOR

 

HB5126LRB102 24084 RLC 34988 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 3-3-1, 3-3-2, 3-3-5, and 3-3-13 and by
6adding Section 3-3-0.5 as follows:
 
7    (730 ILCS 5/3-3-0.5 new)
8    Sec. 3-3-0.5. Mission of the Prisoner Review Board. The
9mission of the Illinois Prisoner Review Board is to protect
10the rights of victims of crime, their families, and the
11citizens of Illinois by ensuring that the rule of law is upheld
12and justice is carried out. The Board has the responsibility
13to give voice to victims, their family members, and public
14safety officials when an inmate's situation is being reviewed
15by the Board. The Board has the ability to impose release
16conditions for incarcerated individuals who are exiting penal
17facilities, revoke and restore good conduct credits from
18inmates, and conduct hearings to determine whether parolees
19have violated conditions of parole. The Board, in its
20determinations, shall award significant weight to the
21statements and positions of victims and their family members
22in recommending parole. The Board also has the power to make
23recommendations to the Governor relative to clemency petitions

 

 

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1for those convicted of violating Illinois' laws.
 
2    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
3    Sec. 3-3-1. Establishment and appointment of Prisoner
4Review Board.
5    (a) There shall be a Prisoner Review Board independent of
6the Department which shall be:
7        (1) the paroling authority for persons sentenced under
8    the law in effect prior to the effective date of this
9    amendatory Act of 1977;
10        (1.2) the paroling authority for persons eligible for
11    parole review under Section 5-4.5-115;
12        (1.5) (blank);
13        (2) the board of review for cases involving the
14    revocation of sentence credits or a suspension or
15    reduction in the rate of accumulating the credit;
16        (3) the board of review and recommendation for the
17    exercise of executive clemency by the Governor;
18        (4) the authority for establishing release dates for
19    certain prisoners sentenced under the law in existence
20    prior to the effective date of this amendatory Act of
21    1977, in accordance with Section 3-3-2.1 of this Code;
22        (5) the authority for setting conditions for parole
23    and mandatory supervised release under Section 5-8-1(a) of
24    this Code, and determining whether a violation of those
25    conditions warrant revocation of parole or mandatory

 

 

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1    supervised release or the imposition of other sanctions;
2        (6) the authority for determining whether a violation
3    of aftercare release conditions warrant revocation of
4    aftercare release; and
5        (7) the authority to release medically infirm or
6    disabled prisoners under Section 3-3-14.
7    (b) The Board shall consist of 15 persons appointed by the
8Governor by and with the advice and consent of the Senate. One
9member of the Board shall be designated by the Governor to be
10Chairman and shall serve as Chairman at the pleasure of the
11Governor. The members of the Board shall have had at least 5
12years of actual experience in the fields of penology,
13corrections work, law enforcement, sociology, law, education,
14social work, medicine, psychology, other behavioral sciences,
15or a combination thereof. At least 6 members so appointed must
16have at least 3 years experience in the field of juvenile
17matters. No more than 8 Board members may be members of the
18same political party. At least 5 members shall have actual
19experience in the law enforcement profession as law
20enforcement officers or prosecutors.
21    Each member of the Board shall serve on a full-time basis
22and shall not hold any other salaried public office, whether
23elective or appointive, nor any other office or position of
24profit, nor engage in any other business, employment, or
25vocation. The Chairman of the Board shall receive $35,000 a
26year, or an amount set by the Compensation Review Board,

 

 

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1whichever is greater, and each other member $30,000, or an
2amount set by the Compensation Review Board, whichever is
3greater.
4    (c) Notwithstanding any other provision of this Section,
5the term of each member of the Board who was appointed by the
6Governor and is in office on June 30, 2003 shall terminate at
7the close of business on that date or when all of the successor
8members to be appointed pursuant to this amendatory Act of the
993rd General Assembly have been appointed by the Governor,
10whichever occurs later. As soon as possible, the Governor
11shall appoint persons to fill the vacancies created by this
12amendatory Act.
13    Of the initial members appointed under this amendatory Act
14of the 93rd General Assembly, the Governor shall appoint 5
15members whose terms shall expire on the third Monday in
16January 2005, 5 members whose terms shall expire on the third
17Monday in January 2007, and 5 members whose terms shall expire
18on the third Monday in January 2009. Their respective
19successors shall be appointed for terms of 6 years from the
20third Monday in January of the year of appointment. Each
21member shall serve until his or her successor is appointed and
22qualified.
23    Any member may be removed by the Governor for
24incompetence, neglect of duty, malfeasance or inability to
25serve.
26    (d) The Chairman of the Board shall be its chief executive

 

 

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1and administrative officer. The Board may have an Executive
2Director; if so, the Executive Director shall be appointed by
3the Governor with the advice and consent of the Senate. The
4salary and duties of the Executive Director shall be fixed by
5the Board.
6(Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)
 
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 February 1, 1978 (the
12effective date of Public Act 81-1099), the Prisoner Review
13Board shall provide by rule for the orderly transition of all
14files, records, and documents of the Parole and Pardon Board
15and for such other steps as may be necessary to effect an
16orderly transition and shall:
17        (1) hear by at least one member and through a panel of
18    at least 3 members decide, cases of prisoners who were
19    sentenced under the law in effect prior to February 1,
20    1978 (the effective date of Public Act 81-1099), and who
21    are eligible for parole;
22        (2) hear by at least one member and through a panel of
23    at least 3 members decide, the conditions of parole and
24    the time of discharge from parole, impose sanctions for
25    violations of parole, and revoke parole for those

 

 

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1    sentenced under the law in effect prior to February 1,
2    1978 (the effective date of Public Act 81-1099); provided
3    that the decision to parole and the conditions of parole
4    for all prisoners, except those prisoners sentenced for
5    first degree murder, who were sentenced for first degree
6    murder or who received a minimum sentence of 20 years or
7    more under the law in effect prior to February 1, 1978
8    shall be determined by a majority vote of the Prisoner
9    Review Board. The decision to parole and the conditions of
10    parole for all prisoners who were sentenced for first
11    degree murder shall be determined by a vote of at least a
12    two-thirds of the entire membership of the Board. One
13    representative supporting parole and one representative
14    opposing parole will be allowed to speak. Their comments
15    shall be limited to making corrections and filling in
16    omissions to the Board's presentation and discussion;
17        (3) hear by at least one member and through a panel of
18    at least 3 members decide, the conditions of mandatory
19    supervised release and the time of discharge from
20    mandatory supervised release, impose sanctions for
21    violations of mandatory supervised release, and revoke
22    mandatory supervised release for those sentenced under the
23    law in effect after February 1, 1978 (the effective date
24    of Public Act 81-1099);
25        (3.5) hear by at least one member and through a panel
26    of at least 3 members decide, the conditions of mandatory

 

 

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1    supervised release and the time of discharge from
2    mandatory supervised release, to impose sanctions for
3    violations of mandatory supervised release and revoke
4    mandatory supervised release for those serving extended
5    supervised release terms pursuant to paragraph (4) of
6    subsection (d) of Section 5-8-1;
7        (3.6) hear by at least one member and through a panel
8    of at least 3 members decide whether to revoke aftercare
9    release for those committed to the Department of Juvenile
10    Justice under the Juvenile Court Act of 1987;
11        (4) hear by at least one member and through a panel of
12    at least 3 members, decide cases brought by the Department
13    of Corrections against a prisoner in the custody of the
14    Department for alleged violation of Department rules with
15    respect to sentence credits under Section 3-6-3 of this
16    Code in which the Department seeks to revoke sentence
17    credits, if the amount of time at issue exceeds 30 days or
18    when, during any 12-month period, the cumulative amount of
19    credit revoked exceeds 30 days except where the infraction
20    is committed or discovered within 60 days of scheduled
21    release. In such cases, the Department of Corrections may
22    revoke up to 30 days of sentence credit. The Board may
23    subsequently approve the revocation of additional sentence
24    credit, if the Department seeks to revoke sentence credit
25    in excess of 30 days. However, the Board shall not be
26    empowered to review the Department's decision with respect

 

 

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1    to the loss of 30 days of sentence credit for any prisoner
2    or to increase any penalty beyond the length requested by
3    the Department;
4        (5) hear by at least one member and through a panel of
5    at least 3 members decide, the release dates for certain
6    prisoners sentenced under the law in existence prior to
7    February 1, 1978 (the effective date of Public Act
8    81-1099), in accordance with Section 3-3-2.1 of this Code;
9        (6) hear by at least one member and through a panel of
10    at least 3 members decide, all requests for pardon,
11    reprieve or commutation, and make confidential
12    recommendations to the Governor;
13        (6.5) hear by at least one member who is qualified in
14    the field of juvenile matters and through a panel of at
15    least 3 members, 2 of whom are qualified in the field of
16    juvenile matters, decide parole review cases in accordance
17    with Section 5-4.5-115 of this Code and make release
18    determinations of persons under the age of 21 at the time
19    of the commission of an offense or offenses, other than
20    those persons serving sentences for first degree murder or
21    aggravated criminal sexual assault;
22        (6.6) hear by at least a quorum of the Prisoner Review
23    Board and decide by a majority of members present at the
24    hearing, in accordance with Section 5-4.5-115 of this
25    Code, release determinations of persons under the age of
26    21 at the time of the commission of an offense or offenses

 

 

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1    of those persons serving sentences for first degree murder
2    or aggravated criminal sexual assault;
3        (7) comply with the requirements of the Open Parole
4    Hearings Act;
5        (8) hear by at least one member and, through a panel of
6    at least 3 members, decide cases brought by the Department
7    of Corrections against a prisoner in the custody of the
8    Department for court dismissal of a frivolous lawsuit
9    pursuant to Section 3-6-3(d) of this Code in which the
10    Department seeks to revoke up to 180 days of sentence
11    credit, and if the prisoner has not accumulated 180 days
12    of sentence credit at the time of the dismissal, then all
13    sentence credit accumulated by the prisoner shall be
14    revoked;
15        (9) hear by at least 3 members, and, through a panel of
16    at least 3 members, decide whether to grant certificates
17    of relief from disabilities or certificates of good
18    conduct as provided in Article 5.5 of Chapter V;
19        (10) upon a petition by a person who has been
20    convicted of a Class 3 or Class 4 felony and who meets the
21    requirements of this paragraph, hear by at least 3 members
22    and, with the unanimous vote of a panel of 3 members, issue
23    a certificate of eligibility for sealing recommending that
24    the court order the sealing of all official records of the
25    arresting authority, the circuit court clerk, and the
26    Illinois State Police concerning the arrest and conviction

 

 

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1    for the Class 3 or 4 felony. A person may not apply to the
2    Board for a certificate of eligibility for sealing:
3            (A) until 5 years have elapsed since the
4        expiration of his or her sentence;
5            (B) until 5 years have elapsed since any arrests
6        or detentions by a law enforcement officer for an
7        alleged violation of law, other than a petty offense,
8        traffic offense, conservation offense, or local
9        ordinance offense;
10            (C) if convicted of a violation of the Cannabis
11        Control Act, Illinois Controlled Substances Act, the
12        Methamphetamine Control and Community Protection Act,
13        the Methamphetamine Precursor Control Act, or the
14        Methamphetamine Precursor Tracking Act unless the
15        petitioner has completed a drug abuse program for the
16        offense on which sealing is sought and provides proof
17        that he or she has completed the program successfully;
18            (D) if convicted of:
19                (i) a sex offense described in Article 11 or
20            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
21            the Criminal Code of 1961 or the Criminal Code of
22            2012;
23                (ii) aggravated assault;
24                (iii) aggravated battery;
25                (iv) domestic battery;
26                (v) aggravated domestic battery;

 

 

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1                (vi) violation of an order of protection;
2                (vii) an offense under the Criminal Code of
3            1961 or the Criminal Code of 2012 involving a
4            firearm;
5                (viii) driving while under the influence of
6            alcohol, other drug or drugs, intoxicating
7            compound or compounds, or any combination thereof;
8                (ix) aggravated driving while under the
9            influence of alcohol, other drug or drugs,
10            intoxicating compound or compounds, or any
11            combination thereof; or
12                (x) any crime defined as a crime of violence
13            under Section 2 of the Crime Victims Compensation
14            Act.
15        If a person has applied to the Board for a certificate
16    of eligibility for sealing and the Board denies the
17    certificate, the person must wait at least 4 years before
18    filing again or filing for pardon from the Governor unless
19    the Chairman of the Prisoner Review Board grants a waiver.
20        The decision to issue or refrain from issuing a
21    certificate of eligibility for sealing shall be at the
22    Board's sole discretion, and shall not give rise to any
23    cause of action against either the Board or its members.
24        The Board may only authorize the sealing of Class 3
25    and 4 felony convictions of the petitioner from one
26    information or indictment under this paragraph (10). A

 

 

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

 

 

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1            or
2                (iii) a crime of violence as defined in
3            Section 2 of the Crime Victims Compensation Act;
4            or
5            (B) if the person has not served in the United
6        States Armed Forces or National Guard of this or any
7        other state or has not received an honorable discharge
8        from the United States Armed Forces or National Guard
9        of this or any other state or who at the time of the
10        filing of the petition is serving in the United States
11        Armed Forces or National Guard of this or any other
12        state and has not completed one tour of duty.
13        If a person has applied to the Board for a certificate
14    of eligibility for expungement and the Board denies the
15    certificate, the person must wait at least 4 years before
16    filing again or filing for a pardon with authorization for
17    expungement from the Governor unless the Governor or
18    Chairman of the Prisoner Review Board grants a waiver.
19    (a-5) The Prisoner Review Board, with the cooperation of
20and in coordination with the Department of Corrections and the
21Department of Central Management Services, shall implement a
22pilot project in 3 correctional institutions providing for the
23conduct of hearings under paragraphs (1) and (4) of subsection
24(a) of this Section through interactive video conferences. The
25project shall be implemented within 6 months after January 1,
261997 (the effective date of Public Act 89-490). Within 6

 

 

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

 

 

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

 

 

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1the written notice and petition in the U.S. mail addressed to
2the person at his or her last known address or after the
3personal service of the copy of the notice and petition upon
4such person. The court upon the filing of such a petition, may
5order the person refusing to obey the subpoena to appear at an
6investigation or hearing, or to there produce documentary
7evidence, if so ordered, or to give evidence relative to the
8subject matter of that investigation or hearing. Any failure
9to obey such order of the circuit court may be punished by that
10court as a contempt of court.
11    Each member of the Board and any hearing officer
12designated by the Board shall have the power to administer
13oaths and to take the testimony of persons under oath.
14    (g) Except under subsection (a) of this Section, a
15majority of the members then appointed to the Prisoner Review
16Board shall constitute a quorum for the transaction of all
17business of the Board.
18    (h) The Prisoner Review Board shall annually transmit to
19the Director a detailed report of its work for the preceding
20calendar year. The annual report shall also be transmitted to
21the Governor for submission to the Legislature.
22(Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21;
23102-558, eff. 8-20-21.)
 
24    (730 ILCS 5/3-3-5)  (from Ch. 38, par. 1003-3-5)
25    Sec. 3-3-5. Hearing and determination.

 

 

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1    (a) The Prisoner Review Board shall meet as often as need
2requires to consider the cases of persons eligible for parole.
3Except as otherwise provided in paragraph (2) of subsection
4(a) of Section 3-3-2 of this Act, the Prisoner Review Board may
5meet and order its actions in panels of 3 or more members. The
6action of a majority of the panel shall be the action of the
7Board.
8    (b) If the person under consideration for parole is in the
9custody of the Department, at least one member of the Board
10shall interview him or her, and a report of that interview
11shall be available for the Board's consideration. However, in
12the discretion of the Board, the interview need not be
13conducted if a psychiatric examination determines that the
14person could not meaningfully contribute to the Board's
15consideration. The Board may in its discretion parole a person
16who is then outside the jurisdiction on his or her record
17without an interview. The Board need not hold a hearing or
18interview a person who is paroled under paragraphs (d) or (e)
19of this Section or released on Mandatory release under Section
203-3-10.
21    (b-5) At the parole hearing (i) one representative of the
22person under consideration for parole designated by that
23person or his or her legal representative may present oral
24testimony in support of parole, (ii) one representative of law
25enforcement from the county of conviction designated by the
26State's Attorney of that county may present oral testimony

 

 

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1concerning the impact of parole on public safety and the
2community, and (iii) one family member of each victim of the
3crime committed by the person under consideration for parole
4may present oral testimony of the impact the person under
5consideration for parole has made on his or her life and his or
6her family's lives. A person intending to present oral
7testimony at the parole hearing under this subsection (b-5)
8shall give the Board at least 7 days notice prior to the
9hearing.
10    (c) The Board shall not parole a person eligible for
11parole if it determines that:
12        (1) there is a substantial risk that he or she will not
13    conform to reasonable conditions of parole or aftercare
14    release; or
15        (2) his or her release at that time would deprecate
16    the seriousness of his or her offense or promote
17    disrespect for the law; or
18        (3) his or her release would have a substantially
19    adverse effect on institutional discipline.
20    (d) (Blank).
21    (e) A person who has served the maximum term of
22imprisonment imposed at the time of sentencing less time
23credit for good behavior shall be released on parole to serve a
24period of parole under Section 5-8-1.
25    (f) The Board shall render its decision within a
26reasonable time after hearing and shall state the basis

 

 

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1therefor both in the records of the Board and in written notice
2to the person on whose application it has acted. In its
3decision, the Board shall set the person's time for parole, or
4if it denies parole it shall provide for a rehearing not less
5frequently than once every year, except that the Board may,
6after denying parole, schedule a rehearing no later than 5
7years from the date of the parole denial, if the Board finds
8that it is not reasonable to expect that parole would be
9granted at a hearing prior to the scheduled rehearing date. If
10the Board shall parole a person, and, if he or she is not
11released within 90 days from the effective date of the order
12granting parole, the matter shall be returned to the Board for
13review.
14    (f-1) If the Board paroles a person who is eligible for
15commitment as a sexually violent person, the effective date of
16the Board's order shall be stayed for 90 days for the purpose
17of evaluation and proceedings under the Sexually Violent
18Persons Commitment Act.
19    (g) The Board shall maintain a registry of decisions in
20which parole has been granted, which shall include the name
21and case number of the prisoner, the highest charge for which
22the prisoner was sentenced, the length of sentence imposed,
23the date of the sentence, the date of the parole, and the basis
24for the decision of the Board to grant parole and the vote of
25the Board on any such decisions. The registry shall be made
26available for public inspection and copying during business

 

 

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1hours and shall be a public record pursuant to the provisions
2of the Freedom of Information Act.
3    (h) The Board shall promulgate rules regarding the
4exercise of its discretion under this Section.
5(Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16;
699-628, eff. 1-1-17.)
 
7    (730 ILCS 5/3-3-13)  (from Ch. 38, par. 1003-3-13)
8    Sec. 3-3-13. Procedure for executive clemency.
9    (a) Petitions seeking pardon, commutation, or reprieve
10shall be addressed to the Governor and filed with the Prisoner
11Review Board. The petition shall be in writing and signed by
12the person under conviction or by a person on his behalf. It
13shall contain a brief history of the case, the reasons for
14seeking executive clemency, and other relevant information the
15Board may require.
16    (a-5) After a petition has been denied by the Governor,
17the Board may not accept a repeat petition for executive
18clemency for the same person until one full year has elapsed
19from the date of the denial. The Chairman of the Board may
20waive the one-year requirement if the petitioner offers in
21writing new information that was unavailable to the petitioner
22at the time of the filing of the prior petition and which the
23Chairman determines to be significant. The Chairman also may
24waive the one-year waiting period if the petitioner can show
25that a change in circumstances of a compelling humanitarian

 

 

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1nature has arisen since the denial of the prior petition.
2    (b) Notice of the proposed application shall be given by
3the Board to the committing court and the state's attorney of
4the county where the conviction was had.
5    (b-5) Victims registered with the Board shall receive
6reasonable written notice within 7 days after the filing of
7the application for executive clemency and if the victim has
8not submitted a victim statement 30 days prior to the
9executive clemency hearing date, the Board shall send a second
10written notice to the victim not less than 30 days prior to the
11executive clemency hearing date. The victim has the right to
12submit a victim statement to the Prisoner Review Board for
13consideration at an executive clemency hearing as provided in
14subsection (c) of this Section. The victim has a right to ask
15for an extension to submit a victim statement of an additional
1645 days from the date the victim receives notice. A hearing
17shall not commence if the victim has requested additional
18time. Victim statements provided to the Board shall be
19confidential and privileged, including any statements received
20prior to the effective date of this amendatory Act of the 101st
21General Assembly, except if the statement was an oral
22statement made by the victim at a hearing open to the public.
23    (c) The Board shall, upon due notice, give a hearing to
24each application, allowing representation by counsel, if
25desired, after which it shall confidentially advise the
26Governor by a written report of its recommendations which

 

 

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1shall be determined by majority vote. The written report to
2the Governor shall be public, the Board shall redact
3information which may identify a victim confidential and
4privileged, including any reports made prior to the effective
5date of this amendatory Act of the 101st General Assembly. The
6Board shall meet to consider such petitions no less than 4
7times each year.
8    Application for executive clemency under this Section may
9not be commenced on behalf of a person who has been sentenced
10to death without the written consent of the defendant, unless
11the defendant, because of a mental or physical condition, is
12incapable of asserting his or her own claim.
13    (d) The Governor shall decide each application and
14communicate his decision to the Board which shall notify the
15petitioner.
16    In the event a petitioner who has been convicted of a Class
17X felony is granted a release, after the Governor has
18communicated such decision to the Board, the Board shall give
19written notice to the Sheriff of the county from which the
20offender was sentenced if such sheriff has requested that such
21notice be given on a continuing basis. In cases where arrest of
22the offender or the commission of the offense took place in any
23municipality with a population of more than 10,000 persons,
24the Board shall also give written notice to the proper law
25enforcement agency for said municipality which has requested
26notice on a continuing basis.

 

 

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1    (e) Nothing in this Section shall be construed to limit
2the power of the Governor under the constitution to grant a
3reprieve, commutation of sentence, or pardon.
4(Source: P.A. 101-288, eff. 1-1-20.)
 
5    Section 10. The Open Parole Hearings Act is amended by
6changing Sections 15 and 20 as follows:
 
7    (730 ILCS 105/15)  (from Ch. 38, par. 1665)
8    Sec. 15. Open hearings.
9    (a) The Board may restrict the number of individuals
10allowed to attend parole, or parole or aftercare release
11revocation hearings in accordance with physical limitations,
12security requirements of the hearing facilities or those
13giving repetitive or cumulative testimony. The Board may also
14restrict attendance at an aftercare release or aftercare
15release revocation hearing in order to protect the
16confidentiality of the youth.
17    (b) The Board may deny admission or continued attendance
18at parole hearings, or parole or aftercare release revocation
19hearings to individuals who:
20        (1) threaten or present danger to the security of the
21    institution in which the hearing is being held;
22        (2) threaten or present a danger to other attendees or
23    participants; or
24        (3) disrupt the hearing.

 

 

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1    (b-5) En banc hearings of the Board shall be available for
2live viewing by the public through livestream made available
3on the Prisoner Review Board's website.
4    (c) Upon formal action of a majority of the Board members
5present, the Board may close parole hearings and parole or
6aftercare release revocation hearings in order to:
7        (1) deliberate upon the oral testimony and any other
8    relevant information received from applicants, parolees,
9    releasees, victims, or others; or
10        (2) provide applicants, releasees, and parolees the
11    opportunity to challenge information other than that which
12    if the person's identity were to be exposed would possibly
13    subject them to bodily harm or death, which they believe
14    detrimental to their parole determination hearing or
15    revocation proceedings.
16(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
17    (730 ILCS 105/20)  (from Ch. 38, par. 1670)
18    Sec. 20. Finality of Board decisions.
19    (a) Except as otherwise provided in subsection (b), a A
20Board decision concerning parole, or parole or aftercare
21release revocation shall be final at the time the decision is
22delivered to the inmate, subject to any rehearing granted
23under Board rules.
24    (b) A Board decision concerning parole, or parole or
25aftercare release revocation for an inmate convicted of first

 

 

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1degree murder shall be sent to the Governor and the Governor
2shall either grant or deny parole, or parole or aftercare
3release revocation, and the decision shall be final upon
4action by the Governor. The decision of the Governor
5concerning parole, or parole or aftercare release revocation
6of an inmate convicted of first degree murder, shall be
7delivered to the inmate. Decisions of the Governor under this
8subsection (b) are subject to disclosure under the Freedom of
9Information Act.
10(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    730 ILCS 5/3-3-0.5 new
4    730 ILCS 5/3-3-1from Ch. 38, par. 1003-3-1
5    730 ILCS 5/3-3-2from Ch. 38, par. 1003-3-2
6    730 ILCS 5/3-3-5from Ch. 38, par. 1003-3-5
7    730 ILCS 5/3-3-13from Ch. 38, par. 1003-3-13
8    730 ILCS 105/15from Ch. 38, par. 1665
9    730 ILCS 105/20from Ch. 38, par. 1670