Full Text of HB0230 95th General Assembly
HB0230ham002 95TH GENERAL ASSEMBLY
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Rep. Mary E. Flowers
Filed: 4/23/2007
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LRB095 04122 RLC 35367 a |
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| AMENDMENT TO HOUSE BILL 230
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| AMENDMENT NO. ______. Amend House Bill 230, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Department of Commerce and Economic | 6 |
| Opportunity Law of the
Civil Administrative Code of Illinois is | 7 |
| amended by adding Section 605-416 as follows: | 8 |
| (20 ILCS 605/605-416 new)
| 9 |
| Sec. 605-416. Persons unjustly imprisoned; job training | 10 |
| and continuing education. The Department shall establish an | 11 |
| individualized job training and continuing education program | 12 |
| for each person if he or she has been discharged from a prison | 13 |
| of this State; and if he or she has been
wrongfully accused of | 14 |
| a crime for which he or she was imprisoned; and if the person | 15 |
| received a pardon from the Governor stating that such pardon is | 16 |
| issued on the ground of innocence of the crime for he or she |
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| was imprisoned or he or she has received a certificate of | 2 |
| innocence from the Prisoner Review Board.
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| Section 10. The Court of Claims Act is amended by changing
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| Sections 8, 11, 22, and 24 and by adding Section 24.5 as | 5 |
| follows:
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| (705 ILCS 505/8)
(from Ch. 37, par. 439.8)
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| Sec. 8. Court of Claims jurisdiction. The court shall have | 8 |
| exclusive
jurisdiction to hear and determine the following | 9 |
| matters:
| 10 |
| (a) All claims against the State founded upon any law of | 11 |
| the State of
Illinois or upon any regulation adopted thereunder | 12 |
| by an executive or
administrative officer or agency; provided, | 13 |
| however, the court shall not have
jurisdiction (i) to hear or | 14 |
| determine claims arising under
the Workers' Compensation Act or | 15 |
| the Workers' Occupational Diseases Act, or
claims for expenses | 16 |
| in civil litigation, or (ii) to review administrative
decisions | 17 |
| for which a statute provides that review shall be in the | 18 |
| circuit or
appellate court.
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| (b) All claims against the State founded upon any contract | 20 |
| entered
into with the State of Illinois.
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| (c) All claims against the State for time unjustly served | 22 |
| in prisons
of this State when
where the person
persons
| 23 |
| imprisoned was wrongfully accused of the crime for which he or | 24 |
| she was imprisoned and
the accused received
shall receive a |
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| pardon from
the governor stating that such pardon is issued on | 2 |
| the ground of
innocence of the crime for which he or she was
| 3 |
| they were imprisoned or he or she received a certificate of | 4 |
| innocence from the Prisoner Review Board ; provided, the amount | 5 |
| of the award is at the discretion of the court; and provided, | 6 |
| the
court shall make no award in excess of the following | 7 |
| amounts: for
imprisonment of 5 years or less, not more than | 8 |
| $85,350
$15,000 ; for imprisonment
of 14 years or less but over | 9 |
| 5 years, not more than $170,000
$30,000 ; for
imprisonment of | 10 |
| over 14 years, not more than $199,150
$35,000 ; and provided
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| further, the court shall fix attorney's fees not to exceed 25% | 12 |
| of the award
granted. On or after the effective date of this | 13 |
| amendatory Act of the 95th General Assembly,
On December 31, | 14 |
| 1996, the court shall make a one-time adjustment in the maximum | 15 |
| awards
authorized by this subsection (c), to reflect the | 16 |
| increase in the cost of
living from the year in which these | 17 |
| maximum awards were last adjusted until
1996, but with no | 18 |
| annual increment exceeding 5%. Thereafter, the court shall
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| annually adjust the maximum awards authorized by this | 20 |
| subsection (c) to reflect
the increase, if any, in the Consumer | 21 |
| Price Index For All Urban Consumers for
the previous calendar | 22 |
| year, as determined by the United States Department of
Labor, | 23 |
| except that no annual increment may exceed 5%. For both the | 24 |
| one-time
adjustment and the subsequent annual adjustments, if | 25 |
| the Consumer Price Index
decreases during a calendar year, | 26 |
| there shall be no adjustment for that
calendar year. The |
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| changes made by this amendatory Act of the 95th General | 2 |
| Assembly apply to all
claims pending on or filed on or after | 3 |
| the effective date.
The changes made by Public Act 89-689 apply | 4 |
| to all claims filed on or after January 1, 1995 that
are | 5 |
| pending on December 31, 1996 and all claims filed on or after | 6 |
| December 31, 1996.
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| (d) All claims against the State for damages in cases | 8 |
| sounding in tort, if
a like cause of action would lie against a | 9 |
| private person or corporation in a
civil suit, and all like | 10 |
| claims sounding in tort against the Medical Center
Commission, | 11 |
| the Board of Trustees of the University of Illinois, the Board | 12 |
| of
Trustees of Southern Illinois University, the Board of | 13 |
| Trustees of Chicago
State University, the Board of Trustees of | 14 |
| Eastern Illinois University, the
Board of Trustees of Governors | 15 |
| State University, the Board of Trustees of
Illinois State | 16 |
| University, the Board of Trustees of Northeastern Illinois
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| University, the Board of Trustees of Northern Illinois | 18 |
| University, the Board
of Trustees of Western Illinois | 19 |
| University, or the Board of Trustees of the
Illinois | 20 |
| Mathematics and Science Academy; provided, that an award for | 21 |
| damages
in a case sounding in tort, other than certain cases | 22 |
| involving the operation
of a State vehicle described in this | 23 |
| paragraph, shall not exceed the sum of
$100,000 to or for the | 24 |
| benefit of
any claimant. The $100,000 limit prescribed by this | 25 |
| Section does not
apply to an award of damages in any case | 26 |
| sounding in tort arising out of
the operation by a State |
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| employee of a vehicle owned, leased or
controlled by the State. | 2 |
| The defense that the State or the Medical
Center Commission or | 3 |
| the Board of Trustees of the University of Illinois, the
Board | 4 |
| of Trustees of Southern Illinois University, the Board of | 5 |
| Trustees of
Chicago State University, the Board of Trustees of | 6 |
| Eastern Illinois University,
the Board of Trustees of Governors | 7 |
| State University, the Board of Trustees of
Illinois State | 8 |
| University, the Board of Trustees of Northeastern Illinois
| 9 |
| University, the Board of Trustees of Northern Illinois | 10 |
| University, the Board of
Trustees of Western Illinois | 11 |
| University, or the Board of Trustees of the
Illinois | 12 |
| Mathematics and Science Academy is not liable for the | 13 |
| negligence of
its officers, agents, and employees in the course | 14 |
| of their employment is not
applicable to the hearing and | 15 |
| determination of such claims.
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| (e) All claims for recoupment made by the State of Illinois | 17 |
| against
any claimant.
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| (f) All claims pursuant to the Line of Duty Compensation
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| Act.
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| (g) All claims filed pursuant to the Crime Victims | 21 |
| Compensation Act.
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| (h) All claims pursuant to the Illinois National | 23 |
| Guardsman's Compensation
Act.
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| (i) All claims authorized by subsection (a) of Section | 25 |
| 10-55 of the Illinois
Administrative Procedure Act for the | 26 |
| expenses incurred by a party in a
contested case on the |
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| administrative level.
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| (Source: P.A. 93-1047, eff. 10-18-04.)
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| (705 ILCS 505/11) (from Ch. 37, par. 439.11)
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| Sec. 11. Filing claims.
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| (a) Except as otherwise provided in subsection (b) of this | 6 |
| Section and
subsection (3) of Section 24,
the claimant shall in | 7 |
| all cases set forth fully in his petition
the claim, the action | 8 |
| thereon, if any, on behalf of the State, what persons
are | 9 |
| owners thereof or interested therein, when and upon what | 10 |
| consideration
such persons became so interested; that no | 11 |
| assignment or transfer of the
claim or any part thereof or | 12 |
| interest therein has been made, except as
stated in the | 13 |
| petition; that the claimant is justly entitled to the amount
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| therein claimed from the State of Illinois, after allowing all | 15 |
| just
credits; and that claimant believes the facts stated in | 16 |
| the petition to be
true. The petition shall be verified, as to | 17 |
| statements of facts, by the
affidavit of the claimant, his | 18 |
| agent, or attorney.
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| (b) Whenever a person has served a term of imprisonment and | 20 |
| has received a pardon by the Governor stating that such pardon | 21 |
| was issued on the ground of innocence of the crime for which he | 22 |
| or she was imprisoned, or a certificate of innocence from the | 23 |
| Prisoner Review Board, the Governor shall transmit this | 24 |
| information to the clerk of the Court of Claims. The clerk of
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| the
Court of Claims shall immediately docket the case for |
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| consideration by the
Court of Claims. The Court of Claims shall | 2 |
| hear the case and render a decision
within 90 days after its | 3 |
| docketing. The transmission by the Governor of the information | 4 |
| described in this subsection (b)
to the clerk of the Court
of | 5 |
| Claims is conclusive evidence of the validity of the claim.
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| (Source: Laws 1945, p. 660.)
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| (705 ILCS 505/22) (from Ch. 37, par. 439.22)
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| Sec. 22. Every claim cognizable by the Court and not | 9 |
| otherwise sooner
barred by law shall be forever barred from | 10 |
| prosecution therein unless it
is filed with the Clerk of the | 11 |
| Court within the time set forth as follows:
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| (a) All claims arising out of a contract must be filed | 13 |
| within 5
years after it first accrues, saving to minors, and | 14 |
| persons under legal
disability at the time the claim accrues, | 15 |
| in which cases the claim must be
filed within 5 years from the | 16 |
| time the disability ceases.
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| (b) All claims cognizable against the State by vendors of | 18 |
| goods or services
under "The Illinois Public Aid Code", | 19 |
| approved April 11, 1967, as amended,
must file within one year | 20 |
| after the accrual of the cause of action, as provided
in | 21 |
| Section 11-13 of that Code.
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| (c) All claims arising under paragraph (c) of Section 8 of | 23 |
| this Act
must
be automatically heard by the court
filed within | 24 |
| 120
days
2 years after the person unjustly imprisoned
asserting | 25 |
| such
claim is discharged
from prison without the person |
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| unjustly imprisoned being required to file a
petition under | 2 |
| Section 11 of this Act
, or is granted a pardon by the | 3 |
| Governor, whichever occurs later,
except as otherwise provided | 4 |
| by the Crime Victims Compensation Act .
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| (d) All claims arising under paragraph (f) of Section 8 of | 6 |
| this Act must
be filed within one year of the date of the death | 7 |
| of the law enforcement
officer or fireman as provided in | 8 |
| Section 3 of the "Law Enforcement
Officers and Firemen | 9 |
| Compensation Act", approved September 30, 1969, as
amended.
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| (e) All claims arising under paragraph (h) of Section 8 of | 11 |
| this Act must
be filed within one year of the date of the death | 12 |
| of the guardsman or
militiaman as provided in Section 3 of the | 13 |
| "Illinois National Guardsman's
and Naval Militiaman's | 14 |
| Compensation Act", approved August 12, 1971, as amended.
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| (f) All claims arising under paragraph (g) of Section 8 of | 16 |
| this Act must
be filed within one year of the crime on which a | 17 |
| claim is based as
provided in Section 6.1 of the "Crime Victims | 18 |
| Compensation Act", approved
August 23, 1973, as amended.
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| (g) All claims arising from the Comptroller's refusal to | 20 |
| issue a
replacement warrant pursuant to Section 10.10 of the | 21 |
| State Comptroller Act
must be filed within 5 years after the | 22 |
| issue date of such warrant.
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| (h) All other claims must be filed within 2 years after it | 24 |
| first accrues,
saving to minors, and persons under legal | 25 |
| disability at the time the claim
accrues, in which case the | 26 |
| claim must be filed within 2 years from the time
the disability |
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| ceases.
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| (i) The changes made by this amendatory Act of 1989 shall | 3 |
| apply to all
warrants issued within the 5 year period preceding | 4 |
| the effective date of
this amendatory Act of 1989.
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| (j) All time limitations established under this Act and the | 6 |
| rules
promulgated under this Act shall be binding and | 7 |
| jurisdictional, except upon
extension authorized by law or rule | 8 |
| and granted pursuant to a motion timely filed.
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| (Source: P.A. 86-458.)
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| (705 ILCS 505/24) (from Ch. 37, par. 439.24)
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| Sec. 24. Payment of awards.
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| (1) From funds appropriated by the General Assembly for the | 13 |
| purposes
of this Section the Court may direct
immediate payment | 14 |
| of:
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| (a) All claims arising solely as a result of the | 16 |
| lapsing of an
appropriation out of which the obligation | 17 |
| could have been paid.
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| (b) All claims pursuant to the "Law Enforcement | 19 |
| Officers and Firemen
Compensation Act", approved September | 20 |
| 30, 1969, as amended.
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| (c) All claims pursuant to the "Illinois National | 22 |
| Guardsman's and
Naval Militiaman's Compensation Act", | 23 |
| approved August 12, 1971, as
amended.
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| (d) All claims pursuant to the "Crime Victims | 25 |
| Compensation Act",
approved August 23, 1973, as amended.
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| (e) All other claims wherein the amount of the award of | 2 |
| the Court
is less than $5,000.
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| (2) The court may, from funds specifically appropriated | 4 |
| from the General
Revenue Fund for this purpose, direct the | 5 |
| payment of awards less than $50,000
solely as a result
of the | 6 |
| lapsing of an appropriation originally made from any fund held | 7 |
| by the
State Treasurer. For any such award paid from the | 8 |
| General Revenue Fund, the
court
shall thereafter seek an | 9 |
| appropriation from the fund from which the liability
originally | 10 |
| accrued in reimbursement of the General Revenue Fund.
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| (3) From funds appropriated by the General Assembly for the | 12 |
| purposes of
paying claims under paragraph (c) of Section 8, the | 13 |
| court must direct payment
of each claim and the payment must be | 14 |
| received by the claimant within 60 days after the date that the | 15 |
| funds are appropriated for that purpose.
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| (Source: P.A. 92-357, eff. 8-15-01.)
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| (705 ILCS 505/24.5 new)
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| Sec. 24.5. Applicability. This amendatory Act of the 95th | 19 |
| General Assembly shall apply to causes of action filed on or | 20 |
| after its effective date.
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| Section 15. The Unified Code of Corrections is amended by | 22 |
| changing Section 3-3-2 and by adding Section 3-3-13.1 as | 23 |
| follows:
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| (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
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| Sec. 3-3-2. Powers and Duties.
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| (a) The Parole and Pardon Board is abolished and the term | 4 |
| "Parole and
Pardon Board" as used in any law of Illinois, shall | 5 |
| read "Prisoner Review
Board." After the effective date of this | 6 |
| amendatory Act of 1977, the
Prisoner Review Board shall provide | 7 |
| by rule for the orderly transition of
all files, records, and | 8 |
| documents of the Parole and Pardon Board and for
such other | 9 |
| steps as may be necessary to effect an orderly transition and | 10 |
| shall:
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| (1) hear by at least one member and through a panel of | 12 |
| at least 3 members
decide, cases of prisoners
who were | 13 |
| sentenced under the law in effect prior to the effective
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| date of this amendatory Act of 1977, and who are eligible | 15 |
| for parole;
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| (2) hear by at least one member and through a panel of | 17 |
| at least 3 members decide, the conditions of
parole and the | 18 |
| time of discharge from parole, impose sanctions for
| 19 |
| violations of parole, and revoke
parole for those sentenced | 20 |
| under the law in effect prior to this amendatory
Act of | 21 |
| 1977; provided that the decision to parole and the | 22 |
| conditions of
parole for all prisoners who were sentenced | 23 |
| for first degree murder or who
received a minimum sentence | 24 |
| of 20 years or more under the law in effect
prior to | 25 |
| February 1, 1978 shall be determined by a majority vote of | 26 |
| the
Prisoner Review Board;
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| (3) hear by at least one member and through a panel of | 2 |
| at least 3 members decide, the conditions
of mandatory | 3 |
| supervised release and the time of discharge from mandatory
| 4 |
| supervised release, impose sanctions for violations of | 5 |
| mandatory
supervised release, and revoke mandatory | 6 |
| supervised release for those
sentenced under the law in | 7 |
| effect after the effective date of this
amendatory Act of | 8 |
| 1977;
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| (3.5) hear by at least one member and through a panel | 10 |
| of at least 3 members decide, the conditions of mandatory | 11 |
| supervised release and the time of discharge from mandatory | 12 |
| supervised release, to impose sanctions for violations of | 13 |
| mandatory supervised release and revoke mandatory | 14 |
| supervised release for those serving extended supervised | 15 |
| release terms pursuant to paragraph (4) of subsection (d) | 16 |
| of Section 5-8-1;
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| (4) hear by at least 1 member and through a panel of at | 18 |
| least 3
members,
decide cases brought by the Department of | 19 |
| Corrections against a prisoner in
the custody of the | 20 |
| Department for alleged violation of Department rules
with | 21 |
| respect to good conduct credits pursuant to Section 3-6-3 | 22 |
| of this Code
in which the Department seeks to revoke good | 23 |
| conduct credits, if the amount
of time at issue exceeds 30 | 24 |
| days or when, during any 12 month period, the
cumulative | 25 |
| amount of credit revoked exceeds 30 days except where the
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| infraction is committed or discovered within 60 days of |
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| scheduled release.
In such cases, the Department of | 2 |
| Corrections may revoke up to 30 days of
good conduct | 3 |
| credit. The Board may subsequently approve the revocation | 4 |
| of
additional good conduct credit, if the Department seeks | 5 |
| to revoke good
conduct credit in excess of thirty days. | 6 |
| However, the Board shall not be
empowered to review the | 7 |
| Department's decision with respect to the loss of
30 days | 8 |
| of good conduct credit for any prisoner or to increase any | 9 |
| penalty
beyond the length requested by the Department;
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| (5) hear by at least one member and through a panel of | 11 |
| at least 3
members decide, the
release dates for certain | 12 |
| prisoners sentenced under the law in existence
prior to the | 13 |
| effective date of this amendatory Act of 1977, in
| 14 |
| accordance with Section 3-3-2.1 of this Code;
| 15 |
| (6) hear by at least one member and through a panel of | 16 |
| at least 3 members
decide, all requests for pardon, | 17 |
| reprieve or commutation, and make confidential
| 18 |
| recommendations to the Governor;
| 19 |
| (7) comply with the requirements of the Open Parole | 20 |
| Hearings Act;
| 21 |
| (8) hear by at least one member and, through a panel of | 22 |
| at least 3
members, decide cases brought by the Department | 23 |
| of Corrections against a
prisoner in the custody of the | 24 |
| Department for court dismissal of a frivolous
lawsuit | 25 |
| pursuant to Section 3-6-3(d) of this Code in which the | 26 |
| Department seeks
to revoke up to 180 days of good conduct |
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| credit, and if the prisoner has not
accumulated 180 days of | 2 |
| good conduct credit at the time of the dismissal, then
all | 3 |
| good conduct credit accumulated by the prisoner shall be | 4 |
| revoked;
and
| 5 |
| (9) hear by at least 3 members, and, through a panel of | 6 |
| at least 3
members, decide whether to grant certificates of | 7 |
| relief from
disabilities or certificates of good conduct as | 8 |
| provided in Article 5.5 of
Chapter V ; and
.
| 9 |
| (10) hear by at least one member and through a panel of | 10 |
| at least 3 members all requests for a certificate of | 11 |
| innocence and make a recommended decision to the Governor | 12 |
| as provided in Section 3-3-13.1 of this Code.
| 13 |
| (a-5) The Prisoner Review Board, with the cooperation of | 14 |
| and in
coordination with the Department of Corrections and the | 15 |
| Department of Central
Management Services, shall implement a | 16 |
| pilot project in 3 correctional
institutions providing for the | 17 |
| conduct of hearings under paragraphs (1) and
(4)
of subsection | 18 |
| (a) of this Section through interactive video conferences.
The
| 19 |
| project shall be implemented within 6 months after the | 20 |
| effective date of this
amendatory Act of 1996. Within 6 months | 21 |
| after the implementation of the pilot
project, the Prisoner | 22 |
| Review Board, with the cooperation of and in coordination
with | 23 |
| the Department of Corrections and the Department of Central | 24 |
| Management
Services, shall report to the Governor and the | 25 |
| General Assembly regarding the
use, costs, effectiveness, and | 26 |
| future viability of interactive video
conferences for Prisoner |
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| Review Board hearings.
| 2 |
| (b) Upon recommendation of the Department the Board may | 3 |
| restore good
conduct credit previously revoked.
| 4 |
| (c) The Board shall cooperate with the Department in | 5 |
| promoting an
effective system of parole and mandatory | 6 |
| supervised release.
| 7 |
| (d) The Board shall promulgate rules for the conduct of its | 8 |
| work,
and the Chairman shall file a copy of such rules and any | 9 |
| amendments
thereto with the Director and with the Secretary of | 10 |
| State.
| 11 |
| (e) The Board shall keep records of all of its official | 12 |
| actions and
shall make them accessible in accordance with law | 13 |
| and the rules of the
Board.
| 14 |
| (f) The Board or one who has allegedly violated the | 15 |
| conditions of
his parole or mandatory supervised release may | 16 |
| require by subpoena the
attendance and testimony of witnesses | 17 |
| and the production of documentary
evidence relating to any | 18 |
| matter under investigation or hearing. The
Chairman of the | 19 |
| Board may sign subpoenas which shall be served by any
agent or | 20 |
| public official authorized by the Chairman of the Board, or by
| 21 |
| any person lawfully authorized to serve a subpoena under the | 22 |
| laws of the
State of Illinois. The attendance of witnesses, and | 23 |
| the production of
documentary evidence, may be required from | 24 |
| any place in the State to a
hearing location in the State | 25 |
| before the Chairman of the Board or his
designated agent or | 26 |
| agents or any duly constituted Committee or
Subcommittee of the |
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| Board. Witnesses so summoned shall be paid the same
fees and | 2 |
| mileage that are paid witnesses in the circuit courts of the
| 3 |
| State, and witnesses whose depositions are taken and the | 4 |
| persons taking
those depositions are each entitled to the same | 5 |
| fees as are paid for
like services in actions in the circuit | 6 |
| courts of the State. Fees and
mileage shall be vouchered for | 7 |
| payment when the witness is discharged
from further attendance.
| 8 |
| In case of disobedience to a subpoena, the Board may | 9 |
| petition any
circuit court of the State for an order requiring | 10 |
| the attendance and
testimony of witnesses or the production of | 11 |
| documentary evidence or
both. A copy of such petition shall be | 12 |
| served by personal service or by
registered or certified mail | 13 |
| upon the person who has failed to obey the
subpoena, and such | 14 |
| person shall be advised in writing that a hearing
upon the | 15 |
| petition will be requested in a court room to be designated in
| 16 |
| such notice before the judge hearing motions or extraordinary | 17 |
| remedies
at a specified time, on a specified date, not less | 18 |
| than 10 nor more than
15 days after the deposit of the copy of | 19 |
| the written notice and petition
in the U.S. mails addressed to | 20 |
| the person at his last known address or
after the personal | 21 |
| service of the copy of the notice and petition upon
such | 22 |
| person. The court upon the filing of such a petition, may order | 23 |
| the
person refusing to obey the subpoena to appear at an | 24 |
| investigation or
hearing, or to there produce documentary | 25 |
| evidence, if so ordered, or to
give evidence relative to the | 26 |
| subject matter of that investigation or
hearing. Any failure to |
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| obey such order of the circuit court may be
punished by that | 2 |
| court as a contempt of court.
| 3 |
| Each member of the Board and any hearing officer designated | 4 |
| by the
Board shall have the power to administer oaths and to | 5 |
| take the testimony
of persons under oath.
| 6 |
| (g) Except under subsection (a) of this Section, a majority | 7 |
| of the
members then appointed to the Prisoner Review Board | 8 |
| shall constitute a
quorum for the transaction of all business | 9 |
| of the Board.
| 10 |
| (h) The Prisoner Review Board shall annually transmit to | 11 |
| the
Director a detailed report of its work for the preceding | 12 |
| calendar year.
The annual report shall also be transmitted to | 13 |
| the Governor for
submission to the Legislature.
| 14 |
| (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
| 15 |
| (730 ILCS 5/3-3-13.1 new)
| 16 |
| Sec. 3-3-13.1. Procedure for certificate of innocence; | 17 |
| procedure for claimant to obtain a certificate of innocence of | 18 |
| all offenses for which he or she was incarcerated. | 19 |
| (a) Any person convicted and subsequently imprisoned for | 20 |
| one or more felonies by the State of Illinois which he or she | 21 |
| did not commit may, under the conditions hereinafter provided, | 22 |
| file a petition for a certificate of innocence with the | 23 |
| Prisoner Review Board in order to obtain compensation in the | 24 |
| Court of Claims. The Legislature finds and declares that | 25 |
| innocent persons who have been wrongly convicted of crimes in |
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| Illinois and subsequently imprisoned have been frustrated in | 2 |
| seeking legal redress due to a variety of substantive and | 3 |
| technical obstacles in the law and that such persons should | 4 |
| have an available avenue to obtain a finding of innocence so | 5 |
| that they may obtain relief through the Prisoner Review Board. | 6 |
| It is the intent of the Legislature that the Prisoner Review | 7 |
| Board, in exercising its discretion as permitted by law | 8 |
| regarding the weight and admissibility of evidence submitted | 9 |
| pursuant to this Section, shall, in the interest of justice, | 10 |
| give due consideration to difficulties of proof caused by the | 11 |
| passage of time, the death or unavailability of witnesses, the | 12 |
| destruction of evidence or other factors not caused by such | 13 |
| persons or those acting on their behalf. | 14 |
| (b) In order to present the claim for unjust conviction and | 15 |
| imprisonment, the claimant must establish by documentary | 16 |
| evidence attached to the petition that: | 17 |
| (1) he or she has been convicted of one or more | 18 |
| felonies by the State of Illinois and subsequently | 19 |
| sentenced to a term of imprisonment, and has served all or | 20 |
| any part of the sentence; | 21 |
| (2) his or her judgment of conviction was reversed or | 22 |
| vacated, and the indictment or information dismissed or, if | 23 |
| a new trial was ordered, either he was found not guilty at | 24 |
| the new trial or he or she was not retried and the | 25 |
| indictment or information dismissed; or the statute, or | 26 |
| application thereof, on which the indictment or |
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| information was based, violated the Constitution of the | 2 |
| United States or the State of Illinois; and | 3 |
| (3) his or her claim is not time barred by the time | 4 |
| limitations set out in paragraph (d) of this Section. | 5 |
| (c) The petition shall state facts in sufficient detail to | 6 |
| permit the Prisoner Review Board to find that claimant is | 7 |
| likely to succeed at trial in proving that: (1) the claimant is | 8 |
| innocent of the offenses charged in the indictment or | 9 |
| information or (2) his or her acts or omissions charged in the | 10 |
| indictment or information did not constitute a felony or | 11 |
| misdemeanor against the State of Illinois, and (3) the claimant | 12 |
| did not by his or her own conduct voluntarily cause or bring | 13 |
| about his or her conviction. The petition shall be verified by | 14 |
| the claimant. If the Prisoner Review Board finds after | 15 |
| reviewing the petition that claimant is not likely to succeed | 16 |
| at trial, it shall dismiss the claim, either on its own motion | 17 |
| or on the motion of the State's Attorney or Attorney General. | 18 |
| (d) Any person seeking a certificate of innocence based on | 19 |
| the dismissal of an indictment or information or acquittal that | 20 |
| occurred before the effective date of this amendatory Act of | 21 |
| the 95th General Assembly shall file his or her petition within | 22 |
| 2 years after the effective date of this amendatory Act of the | 23 |
| 95th General Assembly. Any person seeking a certificate of | 24 |
| innocence based on the dismissal of an indictment or | 25 |
| information or acquittal that occurred on or after the | 26 |
| effective date of this amendatory Act of the 95th General |
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| Assembly shall file his or her petition within 2 years after | 2 |
| the dismissal. | 3 |
| (e) A copy of the petition shall be given by the Board to | 4 |
| the Attorney General, the committing court, and the State's | 5 |
| Attorney of the county where the conviction was had. | 6 |
| (f) The Board shall, upon due notice, give a hearing to | 7 |
| each application, allowing representation by counsel. The | 8 |
| Attorney General and the State's Attorney of the county where | 9 |
| the conviction was had shall be permitted to intervene as | 10 |
| interested parties in any proceeding brought under this | 11 |
| Section. | 12 |
| (g) In order to obtain a certificate of innocence in his or | 13 |
| her favor, the claimant must prove by a preponderance of | 14 |
| evidence that: | 15 |
| (1) The claimant was convicted of one or more felonies | 16 |
| by the People of the State of Illinois and subsequently | 17 |
| sentenced to a term of imprisonment, and has served all or | 18 |
| any part of the sentence; | 19 |
| (2) (A) The judgment of conviction was reversed or | 20 |
| vacated, and the indictment or information dismissed or, if | 21 |
| a new trial was ordered, either the claimant was found not | 22 |
| guilty at the new trial or the claimant was not retried and | 23 |
| the indictment or information dismissed; or
(B) the | 24 |
| statute, or application thereof, on which the indictment or | 25 |
| information was based violated the Constitution of the | 26 |
| United States or the State of Illinois; |
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| (3) The claimant is innocent of the offenses charged in | 2 |
| the indictment or information or his or her acts or | 3 |
| omissions charged in the indictment, or information did not | 4 |
| constitute a felony or misdemeanor against the State of | 5 |
| Illinois; and | 6 |
| (4) The claimant did not by his or her own conduct | 7 |
| voluntarily cause or bring about his or her conviction. | 8 |
| (h) If the Prisoner Review Board finds that the claimant | 9 |
| has met his or her burden of proof, it shall enter a | 10 |
| recommended decision that the claimant was innocent of all | 11 |
| offenses for which he or she was incarcerated. | 12 |
| (i) A copy of the recommended decision shall be promptly | 13 |
| forwarded to the Governor, the claimant, the Attorney General, | 14 |
| and the State's Attorney of the county where the conviction was | 15 |
| had. | 16 |
| (j) Within 30 days after entry of the recommended decision, | 17 |
| the claimant, the Attorney General, and the State's Attorney of | 18 |
| the county where the conviction was had may file with the | 19 |
| Governor objections to the recommended decision. The party | 20 |
| filing an objection shall mail a copy to all parties. Within 30 | 21 |
| days of receipt of the objection, any party may file with the | 22 |
| Governor a response to any objection. The party filing a | 23 |
| response shall mail a copy to all parties. | 24 |
| (k) The Governor may make a final decision which agrees or | 25 |
| disagrees with or modifies the recommended decision within 120 | 26 |
| days after the issuance of the recommended decision. The |
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| Governor's timely decision shall be the final decision as to | 2 |
| the petition for a certificate of innocence. Where the Governor | 3 |
| fails to enter a decision within 120 days after the issuance of | 4 |
| the recommended decision, the recommended decision shall be the | 5 |
| final decision as to the petition for a certificate of | 6 |
| innocence. A copy of the final decision shall be sent to the | 7 |
| claimant, the Attorney General and the State's Attorney of the | 8 |
| county where the conviction was had. | 9 |
| (l) The decision as to the claimant's guilt or innocence | 10 |
| shall be binding only with respect to claims filed in the Court | 11 |
| of Claims and shall not have a res judicata effect on any other | 12 |
| proceedings.
| 13 |
| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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