Illinois General Assembly - Full Text of SB3670
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB3670  102nd General Assembly

SB3670 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3670

 

Introduced 1/21/2022, by Sen. Jason Plummer

 

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

    Amends the Unified Code of Corrections. Provides that the Senate shall confirm or reject an appointee to the Prisoner Review Board within either: (1) 30 session days after the person has been appointed by the Governor or (2) 90 calendar days after the person has been appointed by the Governor, whichever occurs first. Provides that failure of the Senate to confirm or reject the person appointed within this time period shall be deemed a rejection of the appointment by the Senate. Provides that an appointee to the Board whose name has been withdrawn as a nominee to the Board by the Governor is ineligible to serve on the Board for a period of 2 years after the date of withdrawal.


LRB102 22480 RLC 31620 b

 

 

A BILL FOR

 

SB3670LRB102 22480 RLC 31620 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

 

 

SB3670- 2 -LRB102 22480 RLC 31620 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

 

 

SB3670- 3 -LRB102 22480 RLC 31620 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.

 

 

SB3670- 4 -LRB102 22480 RLC 31620 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

 

 

SB3670- 5 -LRB102 22480 RLC 31620 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. The
18Senate shall confirm or reject an appointee to the Board
19within either: (1) 30 session days after the person has been
20appointed by the Governor or (2) 90 calendar days after the
21person has been appointed by the Governor, whichever occurs
22first. Failure of the Senate to confirm or reject the person
23appointed within this time period shall be deemed a rejection
24of the appointment by the Senate. An appointee to the Board
25whose name has been withdrawn as a nominee to the Board by the
26Governor is ineligible to serve on the Board for a period of 2

 

 

SB3670- 6 -LRB102 22480 RLC 31620 b

1years after the date of withdrawal. One member of the Board
2shall be designated by the Governor to be Chairman and shall
3serve as Chairman at the pleasure of the Governor. The members
4of the Board shall have had at least 5 years of actual
5experience in the fields of penology, corrections work, law
6enforcement, sociology, law, education, social work, medicine,
7psychology, other behavioral sciences, or a combination
8thereof. At least 6 members so appointed must have at least 3
9years experience in the field of juvenile matters. No more
10than 8 Board members may be members of the same political
11party.
12    Each member of the Board shall serve on a full-time basis
13and shall not hold any other salaried public office, whether
14elective or appointive, nor any other office or position of
15profit, nor engage in any other business, employment, or
16vocation. The Chairman of the Board shall receive $35,000 a
17year, or an amount set by the Compensation Review Board,
18whichever is greater, and each other member $30,000, or an
19amount set by the Compensation Review Board, whichever is
20greater.
21    (c) Notwithstanding any other provision of this Section,
22the term of each member of the Board who was appointed by the
23Governor and is in office on June 30, 2003 shall terminate at
24the close of business on that date or when all of the successor
25members to be appointed pursuant to this amendatory Act of the
2693rd General Assembly have been appointed by the Governor,

 

 

SB3670- 7 -LRB102 22480 RLC 31620 b

1whichever occurs later. As soon as possible, the Governor
2shall appoint persons to fill the vacancies created by this
3amendatory Act.
4    Of the initial members appointed under this amendatory Act
5of the 93rd General Assembly, the Governor shall appoint 5
6members whose terms shall expire on the third Monday in
7January 2005, 5 members whose terms shall expire on the third
8Monday in January 2007, and 5 members whose terms shall expire
9on the third Monday in January 2009. Their respective
10successors shall be appointed for terms of 6 years from the
11third Monday in January of the year of appointment. Each
12member shall serve until his or her successor is appointed and
13qualified.
14    Any member may be removed by the Governor for
15incompetence, neglect of duty, malfeasance or inability to
16serve.
17    (d) The Chairman of the Board shall be its chief executive
18and administrative officer. The Board may have an Executive
19Director; if so, the Executive Director shall be appointed by
20the Governor with the advice and consent of the Senate. The
21salary and duties of the Executive Director shall be fixed by
22the Board.
23(Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22.)
 
24    Section 95. No acceleration or delay. Where this Act makes
25changes in a statute that is represented in this Act by text

 

 

SB3670- 8 -LRB102 22480 RLC 31620 b

1that is not yet or no longer in effect (for example, a Section
2represented by multiple versions), the use of that text does
3not accelerate or delay the taking effect of (i) the changes
4made by this Act or (ii) provisions derived from any other
5Public Act.