Illinois General Assembly - Full Text of HB5340
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Full Text of HB5340  102nd General Assembly

HB5340 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5340

 

Introduced 1/31/2022, by Rep. Patrick Windhorst

 

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

    Amends the Unified Code of Corrections. Provides that a person may not be appointed or serve as a member of the Prisoner Review Board who has been convicted of a Class 2 felony or higher or a violent crime as defined in the Rights of Crime Victims and Witnesses Act or a substantially similar offense in another jurisdiction.


LRB102 22553 RLC 31694 b

 

 

A BILL FOR

 

HB5340LRB102 22553 RLC 31694 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 Section 3-3-1 as follows:
 
6    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
7    (Text of Section before amendment by P.A. 102-494)
8    Sec. 3-3-1. Establishment and appointment of Prisoner
9Review Board.
10    (a) There shall be a Prisoner Review Board independent of
11the Department which shall be:
12        (1) the paroling authority for persons sentenced under
13    the law in effect prior to the effective date of this
14    amendatory Act of 1977;
15        (1.2) the paroling authority for persons eligible for
16    parole review under Section 5-4.5-115;
17        (1.5) (blank);
18        (2) the board of review for cases involving the
19    revocation of sentence credits or a suspension or
20    reduction in the rate of accumulating the credit;
21        (3) the board of review and recommendation for the
22    exercise of executive clemency by the Governor;
23        (4) the authority for establishing release dates for

 

 

HB5340- 2 -LRB102 22553 RLC 31694 b

1    certain prisoners sentenced under the law in existence
2    prior to the effective date of this amendatory Act of
3    1977, in accordance with Section 3-3-2.1 of this Code;
4        (5) the authority for setting conditions for parole
5    and mandatory supervised release under Section 5-8-1(a) of
6    this Code, and determining whether a violation of those
7    conditions warrant revocation of parole or mandatory
8    supervised release or the imposition of other sanctions;
9    and
10        (6) the authority for determining whether a violation
11    of aftercare release conditions warrant revocation of
12    aftercare release.
13    (b) The Board shall consist of 15 persons appointed by the
14Governor by and with the advice and consent of the Senate. One
15member of the Board shall be designated by the Governor to be
16Chairman and shall serve as Chairman at the pleasure of the
17Governor. The members of the Board shall have had at least 5
18years of actual experience in the fields of penology,
19corrections work, law enforcement, sociology, law, education,
20social work, medicine, psychology, other behavioral sciences,
21or a combination thereof. At least 6 members so appointed must
22have at least 3 years experience in the field of juvenile
23matters. No more than 8 Board members may be members of the
24same political party.
25    Each member of the Board shall serve on a full-time basis
26and shall not hold any other salaried public office, whether

 

 

HB5340- 3 -LRB102 22553 RLC 31694 b

1elective or appointive, nor any other office or position of
2profit, nor engage in any other business, employment, or
3vocation. The Chairman of the Board shall receive $35,000 a
4year, or an amount set by the Compensation Review Board,
5whichever is greater, and each other member $30,000, or an
6amount set by the Compensation Review Board, whichever is
7greater.
8    (c) Notwithstanding any other provision of this Section,
9the term of each member of the Board who was appointed by the
10Governor and is in office on June 30, 2003 shall terminate at
11the close of business on that date or when all of the successor
12members to be appointed pursuant to this amendatory Act of the
1393rd General Assembly have been appointed by the Governor,
14whichever occurs later. As soon as possible, the Governor
15shall appoint persons to fill the vacancies created by this
16amendatory Act.
17    Of the initial members appointed under this amendatory Act
18of the 93rd General Assembly, the Governor shall appoint 5
19members whose terms shall expire on the third Monday in
20January 2005, 5 members whose terms shall expire on the third
21Monday in January 2007, and 5 members whose terms shall expire
22on the third Monday in January 2009. Their respective
23successors shall be appointed for terms of 6 years from the
24third Monday in January of the year of appointment. Each
25member shall serve until his or her successor is appointed and
26qualified.

 

 

HB5340- 4 -LRB102 22553 RLC 31694 b

1    Any member may be removed by the Governor for
2incompetence, neglect of duty, malfeasance or inability to
3serve.
4    (d) The Chairman of the Board shall be its chief executive
5and administrative officer. The Board may have an Executive
6Director; if so, the Executive Director shall be appointed by
7the Governor with the advice and consent of the Senate. The
8salary and duties of the Executive Director shall be fixed by
9the Board.
10(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
 
11    (Text of Section after amendment by P.A. 102-494)
12    Sec. 3-3-1. Establishment and appointment of Prisoner
13Review Board.
14    (a) There shall be a Prisoner Review Board independent of
15the Department which shall be:
16        (1) the paroling authority for persons sentenced under
17    the law in effect prior to the effective date of this
18    amendatory Act of 1977;
19        (1.2) the paroling authority for persons eligible for
20    parole review under Section 5-4.5-115;
21        (1.5) (blank);
22        (2) the board of review for cases involving the
23    revocation of sentence credits or a suspension or
24    reduction in the rate of accumulating the credit;
25        (3) the board of review and recommendation for the

 

 

HB5340- 5 -LRB102 22553 RLC 31694 b

1    exercise of executive clemency by the Governor;
2        (4) the authority for establishing release dates for
3    certain prisoners sentenced under the law in existence
4    prior to the effective date of this amendatory Act of
5    1977, in accordance with Section 3-3-2.1 of this Code;
6        (5) the authority for setting conditions for parole
7    and mandatory supervised release under Section 5-8-1(a) of
8    this Code, and determining whether a violation of those
9    conditions warrant revocation of parole or mandatory
10    supervised release or the imposition of other sanctions;
11        (6) the authority for determining whether a violation
12    of aftercare release conditions warrant revocation of
13    aftercare release; and
14        (7) the authority to release medically infirm or
15    disabled prisoners under Section 3-3-14.
16    (b) The Board shall consist of 15 persons appointed by the
17Governor by and with the advice and consent of the Senate. One
18member of the Board shall be designated by the Governor to be
19Chairman and shall serve as Chairman at the pleasure of the
20Governor. The members of the Board shall have had at least 5
21years of actual experience in the fields of penology,
22corrections work, law enforcement, sociology, law, education,
23social work, medicine, psychology, other behavioral sciences,
24or a combination thereof. At least 6 members so appointed must
25have at least 3 years experience in the field of juvenile
26matters. No more than 8 Board members may be members of the

 

 

HB5340- 6 -LRB102 22553 RLC 31694 b

1same political party. A person may not be appointed or serve as
2a member of the Prisoner Review Board who has been convicted of
3a Class 2 felony or higher or a violent crime as defined in
4Section 3 of the Rights of Crime Victims and Witnesses Act or a
5substantially similar offense in another jurisdiction.
6    Each member of the Board shall serve on a full-time basis
7and shall not hold any other salaried public office, whether
8elective or appointive, nor any other office or position of
9profit, nor engage in any other business, employment, or
10vocation. The Chairman of the Board shall receive $35,000 a
11year, or an amount set by the Compensation Review Board,
12whichever is greater, and each other member $30,000, or an
13amount set by the Compensation Review Board, whichever is
14greater.
15    (c) Notwithstanding any other provision of this Section,
16the term of each member of the Board who was appointed by the
17Governor and is in office on June 30, 2003 shall terminate at
18the close of business on that date or when all of the successor
19members to be appointed pursuant to this amendatory Act of the
2093rd General Assembly have been appointed by the Governor,
21whichever occurs later. As soon as possible, the Governor
22shall appoint persons to fill the vacancies created by this
23amendatory Act.
24    Of the initial members appointed under this amendatory Act
25of the 93rd General Assembly, the Governor shall appoint 5
26members whose terms shall expire on the third Monday in

 

 

HB5340- 7 -LRB102 22553 RLC 31694 b

1January 2005, 5 members whose terms shall expire on the third
2Monday in January 2007, and 5 members whose terms shall expire
3on the third Monday in January 2009. Their respective
4successors shall be appointed for terms of 6 years from the
5third Monday in January of the year of appointment. Each
6member shall serve until his or her successor is appointed and
7qualified.
8    Any member may be removed by the Governor for
9incompetence, neglect of duty, malfeasance or inability to
10serve.
11    (d) The Chairman of the Board shall be its chief executive
12and administrative officer. The Board may have an Executive
13Director; if so, the Executive Director shall be appointed by
14the Governor with the advice and consent of the Senate. The
15salary and duties of the Executive Director shall be fixed by
16the Board.
17(Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.