HB5487 103RD GENERAL ASSEMBLY

LRB103 37517 RLC 67640 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5487

Introduced 2/9/2024, by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:

730 ILCS 5/3-3-8

from Ch. 38, par. 1003-3-8

Amends the Unified Code of Corrections. Provides that upon completion of all mandatory conditions of parole or mandatory supervised release, the Department of Corrections shall file a certification with the Prisoner Review Board that the subject has completed the mandatory conditions of parole or mandatory supervised release and that discharge is appropriate. Provides that the order of discharge shall become effective upon entry of the order of the Board in cases in which the Board determined that the parolee or releasee: (1) is likely to remain at liberty without committing another offense; or (2) received a high school diploma, associate's degree, bachelor's degree, career certificate, or vocational technical certification or passed high school equivalency testing during the period of his or her parole or mandatory supervised release. Provides that if the person is on mandatory supervised release and is a low-risk and need subject person as determined by an appropriate evidence-based risk and need assessment, the order of discharge shall become effective upon entry of the order of the Board. Provides that the order of discharge in other cases shall become effective 30 days after the Department of Corrections files the certification unless the Prisoner Review Board denies early discharge.

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 Section 3-3-8 as follows:

(730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)

Sec. 3-3-8. Length of parole and mandatory supervised release; discharge.

(a) The length of parole for a person sentenced under the law in effect prior to the effective date of this amendatory Act of 1977 and the length of mandatory supervised release for those sentenced under the law in effect on and after such effective date shall be as set out in Section 5-8-1 unless sooner terminated under paragraph (b) of this Section.

(b) The Prisoner Review Board may enter an order releasing and discharging one from parole or mandatory supervised release, and his or her commitment to the Department, when it determines that he or she is likely to remain at liberty without committing another offense.

(b-1) Provided that the subject is in compliance with the terms and conditions of his or her parole or mandatory supervised release, the Prisoner Review Board shall reduce the period of a parolee or releasee's parole or mandatory supervised release by 90 days upon the parolee or releasee receiving a high school diploma, associate's degree, bachelor's degree, career certificate, or vocational technical certification or upon passage of high school equivalency testing during the period of his or her parole or mandatory supervised release. A parolee or releasee shall provide documentation from the educational institution or the source of the qualifying educational or vocational credential to their supervising officer for verification. Each reduction in the period of a subject's term of parole or mandatory supervised release shall be available only to subjects who have not previously earned the relevant credential for which they are receiving the reduction. As used in this Section, "career certificate" means a certificate awarded by an institution for satisfactory completion of a prescribed curriculum that is intended to prepare an individual for employment in a specific field.

(b-2) The Prisoner Review Board may release a low-risk and need subject person from mandatory supervised release as determined by an appropriate evidence-based risk and need assessment.

(b-3) Upon completion of all mandatory conditions of parole or mandatory supervised release, the Department of Corrections shall file a certification with the Prisoner Review Board that the subject has completed the mandatory conditions of parole or mandatory supervised release and that discharge is appropriate.

(c) The order of discharge under subsections (b), (b-1), and (b-2) shall become effective upon entry of the order of the Board. The order of discharge under subsection (b-3) shall become effective 30 days after the Department of Corrections files the certification with the Prisoner Review Board unless the Board denies early discharge. The Board shall notify the clerk of the committing court of the order. Upon receipt of such copy, the clerk shall make an entry on the record judgment that the sentence or commitment has been satisfied pursuant to the order.

(d) Rights of the person discharged under this Section shall be restored under Section 5-5-5.

(e) Upon a denial of early discharge under this Section, the Prisoner Review Board shall provide the person on parole or mandatory supervised release a list of steps or requirements that the person must complete or meet to be granted an early discharge at a subsequent review and share the process for seeking a subsequent early discharge review under this subsection. Upon the completion of such steps or requirements, the person on parole or mandatory supervised release may petition the Prisoner Review Board to grant them an early discharge review. Within no more than 30 days of a petition under this subsection, the Prisoner Review Board shall review the petition and make a determination.

(Source: P.A. 103-271, eff. 1-1-24.)