Full Text of HB0306 97th General Assembly
HB0306ham001 97TH GENERAL ASSEMBLY | Rep. Randy Ramey, Jr. Filed: 5/5/2011
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| 1 | | AMENDMENT TO HOUSE BILL 306
| 2 | | AMENDMENT NO. ______. Amend House Bill 306 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-2-2, 3-3-2, 3-3-3, and 3-3-8 as follows:
| 6 | | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| 7 | | Sec. 3-2-2. Powers and Duties of the Department.
| 8 | | (1) In addition to the powers, duties and responsibilities | 9 | | which are
otherwise provided by law, the Department shall have | 10 | | the following powers:
| 11 | | (a) To accept persons committed to it by the courts of | 12 | | this State for
care, custody, treatment and | 13 | | rehabilitation, and to accept federal prisoners and aliens | 14 | | over whom the Office of the Federal Detention Trustee is | 15 | | authorized to exercise the federal detention function for | 16 | | limited purposes and periods of time.
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| 1 | | (b) To develop and maintain reception and evaluation | 2 | | units for purposes
of analyzing the custody and | 3 | | rehabilitation needs of persons committed to
it and to | 4 | | assign such persons to institutions and programs under its | 5 | | control
or transfer them to other appropriate agencies. In | 6 | | consultation with the
Department of Alcoholism and | 7 | | Substance Abuse (now the Department of Human
Services), the | 8 | | Department of Corrections
shall develop a master plan for | 9 | | the screening and evaluation of persons
committed to its | 10 | | custody who have alcohol or drug abuse problems, and for
| 11 | | making appropriate treatment available to such persons; | 12 | | the Department
shall report to the General Assembly on such | 13 | | plan not later than April 1,
1987. The maintenance and | 14 | | implementation of such plan shall be contingent
upon the | 15 | | availability of funds.
| 16 | | (b-1) To create and implement, on January 1, 2002, a | 17 | | pilot
program to
establish the effectiveness of | 18 | | pupillometer technology (the measurement of the
pupil's
| 19 | | reaction to light) as an alternative to a urine test for | 20 | | purposes of screening
and evaluating
persons committed to | 21 | | its custody who have alcohol or drug problems. The
pilot | 22 | | program shall require the pupillometer technology to be | 23 | | used in at
least one Department of
Corrections facility. | 24 | | The Director may expand the pilot program to include an
| 25 | | additional facility or
facilities as he or she deems | 26 | | appropriate.
A minimum of 4,000 tests shall be included in |
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| 1 | | the pilot program.
The
Department must report to the
| 2 | | General Assembly on the
effectiveness of the program by | 3 | | January 1, 2003.
| 4 | | (b-5) To develop, in consultation with the Department | 5 | | of State Police, a
program for tracking and evaluating each | 6 | | inmate from commitment through release
for recording his or | 7 | | her gang affiliations, activities, or ranks.
| 8 | | (c) To maintain and administer all State correctional | 9 | | institutions and
facilities under its control and to | 10 | | establish new ones as needed. Pursuant
to its power to | 11 | | establish new institutions and facilities, the Department
| 12 | | may, with the written approval of the Governor, authorize | 13 | | the Department of
Central Management Services to enter into | 14 | | an agreement of the type
described in subsection (d) of | 15 | | Section 405-300 of the
Department
of Central Management | 16 | | Services Law (20 ILCS 405/405-300). The Department shall
| 17 | | designate those institutions which
shall constitute the | 18 | | State Penitentiary System.
| 19 | | Pursuant to its power to establish new institutions and | 20 | | facilities, the
Department may authorize the Department of | 21 | | Central Management Services to
accept bids from counties | 22 | | and municipalities for the construction,
remodeling or | 23 | | conversion of a structure to be leased to the Department of
| 24 | | Corrections for the purposes of its serving as a | 25 | | correctional institution
or facility. Such construction, | 26 | | remodeling or conversion may be financed
with revenue bonds |
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| 1 | | issued pursuant to the Industrial Building Revenue Bond
Act | 2 | | by the municipality or county. The lease specified in a bid | 3 | | shall be
for a term of not less than the time needed to | 4 | | retire any revenue bonds
used to finance the project, but | 5 | | not to exceed 40 years. The lease may
grant to the State | 6 | | the option to purchase the structure outright.
| 7 | | Upon receipt of the bids, the Department may certify | 8 | | one or more of the
bids and shall submit any such bids to | 9 | | the General Assembly for approval.
Upon approval of a bid | 10 | | by a constitutional majority of both houses of the
General | 11 | | Assembly, pursuant to joint resolution, the Department of | 12 | | Central
Management Services may enter into an agreement | 13 | | with the county or
municipality pursuant to such bid.
| 14 | | (c-5) To build and maintain regional juvenile | 15 | | detention centers and to
charge a per diem to the counties | 16 | | as established by the Department to defray
the costs of | 17 | | housing each minor in a center. In this subsection (c-5),
| 18 | | "juvenile
detention center" means a facility to house | 19 | | minors during pendency of trial who
have been transferred | 20 | | from proceedings under the Juvenile Court Act of 1987 to
| 21 | | prosecutions under the criminal laws of this State in | 22 | | accordance with Section
5-805 of the Juvenile Court Act of | 23 | | 1987, whether the transfer was by operation
of
law or | 24 | | permissive under that Section. The Department shall | 25 | | designate the
counties to be served by each regional | 26 | | juvenile detention center.
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| 1 | | (d) To develop and maintain programs of control, | 2 | | rehabilitation and
employment of committed persons within | 3 | | its institutions.
| 4 | | (d-5) To provide a pre-release job preparation program | 5 | | for inmates at Illinois adult correctional centers.
| 6 | | (e) To establish a system of supervision and guidance | 7 | | of committed persons
in the community.
| 8 | | (f) To establish in cooperation with the Department of | 9 | | Transportation
to supply a sufficient number of prisoners | 10 | | for use by the Department of
Transportation to clean up the | 11 | | trash and garbage along State, county,
township, or | 12 | | municipal highways as designated by the Department of
| 13 | | Transportation. The Department of Corrections, at the | 14 | | request of the
Department of Transportation, shall furnish | 15 | | such prisoners at least
annually for a period to be agreed | 16 | | upon between the Director of
Corrections and the Director | 17 | | of Transportation. The prisoners used on this
program shall | 18 | | be selected by the Director of Corrections on whatever | 19 | | basis
he deems proper in consideration of their term, | 20 | | behavior and earned eligibility
to participate in such | 21 | | program - where they will be outside of the prison
facility | 22 | | but still in the custody of the Department of Corrections. | 23 | | Prisoners
convicted of first degree murder, or a Class X | 24 | | felony, or armed violence, or
aggravated kidnapping, or | 25 | | criminal sexual assault, aggravated criminal sexual
abuse | 26 | | or a subsequent conviction for criminal sexual abuse, or |
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| 1 | | forcible
detention, or arson, or a prisoner adjudged a | 2 | | Habitual Criminal shall not be
eligible for selection to | 3 | | participate in such program. The prisoners shall
remain as | 4 | | prisoners in the custody of the Department of Corrections | 5 | | and such
Department shall furnish whatever security is | 6 | | necessary. The Department of
Transportation shall furnish | 7 | | trucks and equipment for the highway cleanup
program and | 8 | | personnel to supervise and direct the program. Neither the
| 9 | | Department of Corrections nor the Department of | 10 | | Transportation shall replace
any regular employee with a | 11 | | prisoner.
| 12 | | (g) To maintain records of persons committed to it and | 13 | | to establish
programs of research, statistics and | 14 | | planning.
| 15 | | (h) To investigate the grievances of any person | 16 | | committed to the
Department, to inquire into any alleged | 17 | | misconduct by employees
or committed persons, and to | 18 | | investigate the assets
of committed persons to implement | 19 | | Section 3-7-6 of this Code; and for
these purposes it may | 20 | | issue subpoenas and compel the attendance of witnesses
and | 21 | | the production of writings and papers, and may examine | 22 | | under oath any
witnesses who may appear before it; to also | 23 | | investigate alleged violations
of a parolee's or | 24 | | releasee's conditions of parole or release; and for this
| 25 | | purpose it may issue subpoenas and compel the attendance of | 26 | | witnesses and
the production of documents only if there is |
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| 1 | | reason to believe that such
procedures would provide | 2 | | evidence that such violations have occurred.
| 3 | | If any person fails to obey a subpoena issued under | 4 | | this subsection,
the Director may apply to any circuit | 5 | | court to secure compliance with the
subpoena. The failure | 6 | | to comply with the order of the court issued in
response | 7 | | thereto shall be punishable as contempt of court.
| 8 | | (i) To appoint and remove the chief administrative | 9 | | officers, and
administer
programs of training and | 10 | | development of personnel of the Department. Personnel
| 11 | | assigned by the Department to be responsible for the
| 12 | | custody and control of committed persons or to investigate | 13 | | the alleged
misconduct of committed persons or employees or | 14 | | alleged violations of a
parolee's or releasee's conditions | 15 | | of parole shall be conservators of the peace
for those | 16 | | purposes, and shall have the full power of peace officers | 17 | | outside
of the facilities of the Department in the | 18 | | protection, arrest, retaking
and reconfining of committed | 19 | | persons or where the exercise of such power
is necessary to | 20 | | the investigation of such misconduct or violations.
| 21 | | (j) To cooperate with other departments and agencies | 22 | | and with local
communities for the development of standards | 23 | | and programs for better
correctional services in this | 24 | | State.
| 25 | | (k) To administer all moneys and properties of the | 26 | | Department.
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| 1 | | (l) To report annually to the Governor on the committed
| 2 | | persons, institutions and programs of the Department.
| 3 | | (l-5) In a confidential annual report to the Governor, | 4 | | the Department
shall
identify all inmate gangs by | 5 | | specifying each current gang's name, population
and allied | 6 | | gangs. The Department shall further specify the number of | 7 | | top
leaders identified by the Department for each gang | 8 | | during the past year, and
the measures taken by the | 9 | | Department to segregate each leader from his or her
gang | 10 | | and allied gangs. The Department shall further report the | 11 | | current status
of leaders identified and segregated in | 12 | | previous years. All leaders described
in the report shall | 13 | | be identified by inmate number or other designation to
| 14 | | enable tracking, auditing, and verification without | 15 | | revealing the names of the
leaders. Because this report | 16 | | contains law enforcement intelligence information
| 17 | | collected by the Department, the report is confidential and | 18 | | not subject to
public disclosure.
| 19 | | (m) To make all rules and regulations and exercise all | 20 | | powers and duties
vested by law in the Department.
| 21 | | (n) To establish rules and regulations for | 22 | | administering a system of
good conduct credits, | 23 | | established in accordance with Section 3-6-3, subject
to | 24 | | review by the Prisoner Review Board.
| 25 | | (o) To administer the distribution of funds
from the | 26 | | State Treasury to reimburse counties where State penal
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| 1 | | institutions are located for the payment of assistant | 2 | | state's attorneys'
salaries under Section 4-2001 of the | 3 | | Counties Code.
| 4 | | (p) To exchange information with the Department of | 5 | | Human Services and the
Department of Healthcare and Family | 6 | | Services
for the purpose of verifying living arrangements | 7 | | and for other purposes
directly connected with the | 8 | | administration of this Code and the Illinois
Public Aid | 9 | | Code.
| 10 | | (q) To establish a diversion program.
| 11 | | The program shall provide a structured environment for | 12 | | selected
technical parole or mandatory supervised release | 13 | | violators and committed
persons who have violated the rules | 14 | | governing their conduct while in work
release. This program | 15 | | shall not apply to those persons who have committed
a new | 16 | | offense while serving on parole or mandatory supervised | 17 | | release or
while committed to work release.
| 18 | | Elements of the program shall include, but shall not be | 19 | | limited to, the
following:
| 20 | | (1) The staff of a diversion facility shall provide | 21 | | supervision in
accordance with required objectives set | 22 | | by the facility.
| 23 | | (2) Participants shall be required to maintain | 24 | | employment.
| 25 | | (3) Each participant shall pay for room and board | 26 | | at the facility on a
sliding-scale basis according to |
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| 1 | | the participant's income.
| 2 | | (4) Each participant shall:
| 3 | | (A) provide restitution to victims in | 4 | | accordance with any court order;
| 5 | | (B) provide financial support to his | 6 | | dependents; and
| 7 | | (C) make appropriate payments toward any other | 8 | | court-ordered
obligations.
| 9 | | (5) Each participant shall complete community | 10 | | service in addition to
employment.
| 11 | | (6) Participants shall take part in such | 12 | | counseling, educational and
other programs as the | 13 | | Department may deem appropriate.
| 14 | | (7) Participants shall submit to drug and alcohol | 15 | | screening.
| 16 | | (8) The Department shall promulgate rules | 17 | | governing the administration
of the program.
| 18 | | (r) To enter into intergovernmental cooperation | 19 | | agreements under which
persons in the custody of the | 20 | | Department may participate in a county impact
| 21 | | incarceration program established under Section 3-6038 or | 22 | | 3-15003.5 of the
Counties Code.
| 23 | | (r-5) (Blank).
| 24 | | (r-10) To systematically and routinely identify with | 25 | | respect to each
streetgang active within the correctional | 26 | | system: (1) each active gang; (2)
every existing inter-gang |
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| 1 | | affiliation or alliance; and (3) the current leaders
in | 2 | | each gang. The Department shall promptly segregate leaders | 3 | | from inmates who
belong to their gangs and allied gangs. | 4 | | "Segregate" means no physical contact
and, to the extent | 5 | | possible under the conditions and space available at the
| 6 | | correctional facility, prohibition of visual and sound | 7 | | communication. For the
purposes of this paragraph (r-10), | 8 | | "leaders" means persons who:
| 9 | | (i) are members of a criminal streetgang;
| 10 | | (ii) with respect to other individuals within the | 11 | | streetgang, occupy a
position of organizer, | 12 | | supervisor, or other position of management or
| 13 | | leadership; and
| 14 | | (iii) are actively and personally engaged in | 15 | | directing, ordering,
authorizing, or requesting | 16 | | commission of criminal acts by others, which are
| 17 | | punishable as a felony, in furtherance of streetgang | 18 | | related activity both
within and outside of the | 19 | | Department of Corrections.
| 20 | | "Streetgang", "gang", and "streetgang related" have the | 21 | | meanings ascribed to
them in Section 10 of the Illinois | 22 | | Streetgang Terrorism Omnibus Prevention
Act.
| 23 | | (s) To operate a super-maximum security institution, | 24 | | in order to
manage and
supervise inmates who are disruptive | 25 | | or dangerous and provide for the safety
and security of the | 26 | | staff and the other inmates.
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| 1 | | (t) To monitor any unprivileged conversation or any | 2 | | unprivileged
communication, whether in person or by mail, | 3 | | telephone, or other means,
between an inmate who, before | 4 | | commitment to the Department, was a member of an
organized | 5 | | gang and any other person without the need to show cause or | 6 | | satisfy
any other requirement of law before beginning the | 7 | | monitoring, except as
constitutionally required. The | 8 | | monitoring may be by video, voice, or other
method of | 9 | | recording or by any other means. As used in this | 10 | | subdivision (1)(t),
"organized gang" has the meaning | 11 | | ascribed to it in Section 10 of the Illinois
Streetgang | 12 | | Terrorism Omnibus Prevention Act.
| 13 | | As used in this subdivision (1)(t), "unprivileged | 14 | | conversation" or
"unprivileged communication" means a | 15 | | conversation or communication that is not
protected by any | 16 | | privilege recognized by law or by decision, rule, or order | 17 | | of
the Illinois Supreme Court.
| 18 | | (u) To establish a Women's and Children's Pre-release | 19 | | Community
Supervision
Program for the purpose of providing | 20 | | housing and services to eligible female
inmates, as | 21 | | determined by the Department, and their newborn and young
| 22 | | children.
| 23 | | (u-5) To issue an order, whenever a person committed to | 24 | | the Department absconds or absents himself or herself, | 25 | | without authority to do so, from any facility or program to | 26 | | which he or she is assigned. The order shall be certified |
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| 1 | | by the Director, the Supervisor of the Apprehension Unit, | 2 | | or any person duly designated by the Director, with the | 3 | | seal of the Department affixed. The order shall be directed | 4 | | to all sheriffs, coroners, and police officers, or to any | 5 | | particular person named in the order. Any order issued | 6 | | pursuant to this subdivision (1) (u-5) shall be sufficient | 7 | | warrant for the officer or person named in the order to | 8 | | arrest and deliver the committed person to the proper | 9 | | correctional officials and shall be executed the same as | 10 | | criminal process.
| 11 | | (v) To do all other acts necessary to carry out the | 12 | | provisions
of this Chapter.
| 13 | | (2) The Department of Corrections shall by January 1, 1998, | 14 | | consider
building and operating a correctional facility within | 15 | | 100 miles of a county of
over 2,000,000 inhabitants, especially | 16 | | a facility designed to house juvenile
participants in the | 17 | | impact incarceration program.
| 18 | | (3) When the Department lets bids for contracts for medical
| 19 | | services to be provided to persons committed to Department | 20 | | facilities by
a health maintenance organization, medical | 21 | | service corporation, or other
health care provider, the bid may | 22 | | only be let to a health care provider
that has obtained an | 23 | | irrevocable letter of credit or performance bond
issued by a | 24 | | company whose bonds are rated AAA by a bond rating
| 25 | | organization.
| 26 | | (4) When the Department lets bids for
contracts for food or |
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| 1 | | commissary services to be provided to
Department facilities, | 2 | | the bid may only be let to a food or commissary
services | 3 | | provider that has obtained an irrevocable letter of
credit or | 4 | | performance bond issued by a company whose bonds are rated
AAA | 5 | | by a bond rating organization. | 6 | | (5) The Illinois Department of Corrections (IDOC) shall | 7 | | enter into a Memorandum of Understanding (MOU) with U.S. | 8 | | Immigration and Customs Enforcement (ICE), pursuant to Section | 9 | | 241(a) of the Immigration and Nationality Act, codified at 8 | 10 | | U.S.C. Section 1231(a), as amended by the Homeland Security Act | 11 | | of 2002, Public Law No. 107-296 as codified at 8 U.S.C. | 12 | | Sections 131-134 which authorizes the Secretary of the | 13 | | Department of Homeland Security to enter into written | 14 | | agreements with a state or any political subdivision of a state | 15 | | to remove certain non-United States citizens in the custody of | 16 | | that state. The purpose of the MOU is to set forth terms by | 17 | | which ICE and IDOC will cooperate in a Rapid Removal of | 18 | | Eligible Parolees Accepted for Transfer ("Rapid REPAT") | 19 | | program, which allows for early conditional release for | 20 | | deportation of such noncitizens to their home countries. The | 21 | | MOU shall provide that a person may take part in this program | 22 | | only if a final order of deportation has been issued against | 23 | | such person, provided that prior to the issuance of such an | 24 | | order: | 25 | | (A) the person has been advised of and given a full and | 26 | | fair opportunity to exercise his or her rights under |
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| 1 | | federal immigration law to a hearing before an immigration | 2 | | judge to contest his or her removal from the United States, | 3 | | including but not limited to the right to seek and consult | 4 | | with legal counsel and to be represented by counsel at such | 5 | | hearing, to present evidence in support of any applicable | 6 | | defense to a removal proceeding or claim for relief from | 7 | | removal, and to seek review of an adverse decision by such | 8 | | judge; | 9 | | (B) the person has been informed of available legal | 10 | | referral services and of law firms and not-for-profit | 11 | | organizations that provide free or low-cost legal | 12 | | assistance; and | 13 | | (C) the information described in subparagraphs (A) and | 14 | | (B) has been provided verbally and in writing in English | 15 | | and in the person's native language.
| 16 | | (Source: P.A. 96-1265, eff. 7-26-10.)
| 17 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 18 | | Sec. 3-3-2. Powers and Duties.
| 19 | | (a) The Parole and Pardon Board is abolished and the term | 20 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 21 | | read "Prisoner Review
Board." After the effective date of this | 22 | | amendatory Act of 1977, the
Prisoner Review Board shall provide | 23 | | by rule for the orderly transition of
all files, records, and | 24 | | documents of the Parole and Pardon Board and for
such other | 25 | | steps as may be necessary to effect an orderly transition and |
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| 1 | | shall:
| 2 | | (1) hear by at least one member and through a panel of | 3 | | at least 3 members
decide, cases of prisoners
who were | 4 | | sentenced under the law in effect prior to the effective
| 5 | | date of this amendatory Act of 1977, and who are eligible | 6 | | for parole;
| 7 | | (2) hear by at least one member and through a panel of | 8 | | at least 3 members decide, the conditions of
parole and the | 9 | | time of discharge from parole, impose sanctions for
| 10 | | violations of parole, and revoke
parole for those sentenced | 11 | | under the law in effect prior to this amendatory
Act of | 12 | | 1977; provided that the decision to parole and the | 13 | | conditions of
parole for all prisoners who were sentenced | 14 | | for first degree murder or who
received a minimum sentence | 15 | | of 20 years or more under the law in effect
prior to | 16 | | February 1, 1978 shall be determined by a majority vote of | 17 | | the
Prisoner Review Board. One representative supporting | 18 | | parole and one representative opposing parole will be | 19 | | allowed to speak. Their comments shall be limited to making | 20 | | corrections and filling in omissions to the Board's | 21 | | presentation and discussion;
| 22 | | (3) hear by at least one member and through a panel of | 23 | | at least 3 members decide, the conditions
of mandatory | 24 | | supervised release and the time of discharge from mandatory
| 25 | | supervised release, impose sanctions for violations of | 26 | | mandatory
supervised release, and revoke mandatory |
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| 1 | | supervised release for those
sentenced under the law in | 2 | | effect after the effective date of this
amendatory Act of | 3 | | 1977;
| 4 | | (3.5) hear by at least one member and through a panel | 5 | | of at least 3 members decide, the conditions of mandatory | 6 | | supervised release and the time of discharge from mandatory | 7 | | supervised release, to impose sanctions for violations of | 8 | | mandatory supervised release and revoke mandatory | 9 | | supervised release for those serving extended supervised | 10 | | release terms pursuant to paragraph (4) of subsection (d) | 11 | | of Section 5-8-1;
| 12 | | (4) hear by at least 1 member and through a panel of at | 13 | | least 3
members,
decide cases brought by the Department of | 14 | | Corrections against a prisoner in
the custody of the | 15 | | Department for alleged violation of Department rules
with | 16 | | respect to good conduct credits pursuant to Section 3-6-3 | 17 | | of this Code
in which the Department seeks to revoke good | 18 | | conduct credits, if the amount
of time at issue exceeds 30 | 19 | | days or when, during any 12 month period, the
cumulative | 20 | | amount of credit revoked exceeds 30 days except where the
| 21 | | infraction is committed or discovered within 60 days of | 22 | | scheduled release.
In such cases, the Department of | 23 | | Corrections may revoke up to 30 days of
good conduct | 24 | | credit. The Board may subsequently approve the revocation | 25 | | of
additional good conduct credit, if the Department seeks | 26 | | to revoke good
conduct credit in excess of thirty days. |
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| 1 | | However, the Board shall not be
empowered to review the | 2 | | Department's decision with respect to the loss of
30 days | 3 | | of good conduct credit for any prisoner or to increase any | 4 | | penalty
beyond the length requested by the Department;
| 5 | | (5) hear by at least one member and through a panel of | 6 | | at least 3
members decide, the
release dates for certain | 7 | | prisoners sentenced under the law in existence
prior to the | 8 | | effective date of this amendatory Act of 1977, in
| 9 | | accordance with Section 3-3-2.1 of this Code;
| 10 | | (6) hear by at least one member and through a panel of | 11 | | at least 3 members
decide, all requests for pardon, | 12 | | reprieve or commutation, and make confidential
| 13 | | recommendations to the Governor;
| 14 | | (7) comply with the requirements of the Open Parole | 15 | | Hearings Act;
| 16 | | (8) hear by at least one member and, through a panel of | 17 | | at least 3
members, decide cases brought by the Department | 18 | | of Corrections against a
prisoner in the custody of the | 19 | | Department for court dismissal of a frivolous
lawsuit | 20 | | pursuant to Section 3-6-3(d) of this Code in which the | 21 | | Department seeks
to revoke up to 180 days of good conduct | 22 | | credit, and if the prisoner has not
accumulated 180 days of | 23 | | good conduct credit at the time of the dismissal, then
all | 24 | | good conduct credit accumulated by the prisoner shall be | 25 | | revoked;
and
| 26 | | (9) hear by at least 3 members, and, through a panel of |
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| 1 | | at least 3
members, decide whether to grant certificates of | 2 | | relief from
disabilities or certificates of good conduct as | 3 | | provided in Article 5.5 of
Chapter V ; and . | 4 | | (10) hear by at least one member and, through a panel | 5 | | of at least 3 members, decide all requests for early | 6 | | conditional release under the Rapid REPAT program | 7 | | described in subsection (5) of Section 3-2-2 of this Code.
| 8 | | (a-5) The Prisoner Review Board, with the cooperation of | 9 | | and in
coordination with the Department of Corrections and the | 10 | | Department of Central
Management Services, shall implement a | 11 | | pilot project in 3 correctional
institutions providing for the | 12 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 13 | | (a) of this Section through interactive video conferences.
The
| 14 | | project shall be implemented within 6 months after the | 15 | | effective date of this
amendatory Act of 1996. Within 6 months | 16 | | after the implementation of the pilot
project, the Prisoner | 17 | | Review Board, with the cooperation of and in coordination
with | 18 | | the Department of Corrections and the Department of Central | 19 | | Management
Services, shall report to the Governor and the | 20 | | General Assembly regarding the
use, costs, effectiveness, and | 21 | | future viability of interactive video
conferences for Prisoner | 22 | | Review Board hearings.
| 23 | | (b) Upon recommendation of the Department the Board may | 24 | | restore good
conduct credit previously revoked.
| 25 | | (c) The Board shall cooperate with the Department in | 26 | | promoting an
effective system of parole and mandatory |
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| 1 | | supervised release.
| 2 | | (d) The Board shall promulgate rules for the conduct of its | 3 | | work,
and the Chairman shall file a copy of such rules and any | 4 | | amendments
thereto with the Director and with the Secretary of | 5 | | State.
| 6 | | (e) The Board shall keep records of all of its official | 7 | | actions and
shall make them accessible in accordance with law | 8 | | and the rules of the
Board.
| 9 | | (f) The Board or one who has allegedly violated the | 10 | | conditions of
his parole or mandatory supervised release may | 11 | | require by subpoena the
attendance and testimony of witnesses | 12 | | and the production of documentary
evidence relating to any | 13 | | matter under investigation or hearing. The
Chairman of the | 14 | | Board may sign subpoenas which shall be served by any
agent or | 15 | | public official authorized by the Chairman of the Board, or by
| 16 | | any person lawfully authorized to serve a subpoena under the | 17 | | laws of the
State of Illinois. The attendance of witnesses, and | 18 | | the production of
documentary evidence, may be required from | 19 | | any place in the State to a
hearing location in the State | 20 | | before the Chairman of the Board or his
designated agent or | 21 | | agents or any duly constituted Committee or
Subcommittee of the | 22 | | Board. Witnesses so summoned shall be paid the same
fees and | 23 | | mileage that are paid witnesses in the circuit courts of the
| 24 | | State, and witnesses whose depositions are taken and the | 25 | | persons taking
those depositions are each entitled to the same | 26 | | fees as are paid for
like services in actions in the circuit |
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| 1 | | courts of the State. Fees and
mileage shall be vouchered for | 2 | | payment when the witness is discharged
from further attendance.
| 3 | | In case of disobedience to a subpoena, the Board may | 4 | | petition any
circuit court of the State for an order requiring | 5 | | the attendance and
testimony of witnesses or the production of | 6 | | documentary evidence or
both. A copy of such petition shall be | 7 | | served by personal service or by
registered or certified mail | 8 | | upon the person who has failed to obey the
subpoena, and such | 9 | | person shall be advised in writing that a hearing
upon the | 10 | | petition will be requested in a court room to be designated in
| 11 | | such notice before the judge hearing motions or extraordinary | 12 | | remedies
at a specified time, on a specified date, not less | 13 | | than 10 nor more than
15 days after the deposit of the copy of | 14 | | the written notice and petition
in the U.S. mails addressed to | 15 | | the person at his last known address or
after the personal | 16 | | service of the copy of the notice and petition upon
such | 17 | | person. The court upon the filing of such a petition, may order | 18 | | the
person refusing to obey the subpoena to appear at an | 19 | | investigation or
hearing, or to there produce documentary | 20 | | evidence, if so ordered, or to
give evidence relative to the | 21 | | subject matter of that investigation or
hearing. Any failure to | 22 | | obey such order of the circuit court may be
punished by that | 23 | | court as a contempt of court.
| 24 | | Each member of the Board and any hearing officer designated | 25 | | by the
Board shall have the power to administer oaths and to | 26 | | take the testimony
of persons under oath.
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| 1 | | (g) Except under subsection (a) of this Section, a majority | 2 | | of the
members then appointed to the Prisoner Review Board | 3 | | shall constitute a
quorum for the transaction of all business | 4 | | of the Board.
| 5 | | (h) The Prisoner Review Board shall annually transmit to | 6 | | the
Director a detailed report of its work for the preceding | 7 | | calendar year.
The annual report shall also be transmitted to | 8 | | the Governor for
submission to the Legislature.
| 9 | | (Source: P.A. 96-875, eff. 1-22-10.)
| 10 | | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
| 11 | | Sec. 3-3-3. Eligibility for Parole or Release.
| 12 | | (a) Except for those offenders who accept the fixed release
| 13 | | date established by the Prisoner Review Board under Section
| 14 | | 3-3-2.1, every person serving a term of imprisonment under
the | 15 | | law in effect prior to the effective date of this
amendatory | 16 | | Act of 1977 shall be eligible for parole when
he has served:
| 17 | | (1) the minimum term of an indeterminate sentence less
| 18 | | time credit for good behavior, or 20 years less time credit
| 19 | | for good behavior, whichever is less; or
| 20 | | (2) 20 years of a life sentence less time credit for | 21 | | good behavior; or
| 22 | | (3) 20 years or one-third of a determinate sentence,
| 23 | | whichever is less, less time credit for good behavior.
| 24 | | (b) No person sentenced under this amendatory Act of 1977 | 25 | | or who accepts
a release date under Section 3-3-2.1 shall be |
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| 1 | | eligible for parole.
| 2 | | (c) Except for those sentenced to a term of natural
life | 3 | | imprisonment, every person sentenced to imprisonment
under | 4 | | this amendatory Act of 1977 or given a release date
under | 5 | | Section 3-3-2.1 of this Act shall serve the full term
of a | 6 | | determinate sentence less time credit for good behavior
and | 7 | | shall then be released under the mandatory supervised
release | 8 | | provisions of paragraph (d) of Section 5-8-1 of this Code.
| 9 | | (d) No person serving a term of natural life imprisonment | 10 | | may be paroled
or released except through executive clemency.
| 11 | | (e) Every person committed to the Department of Juvenile | 12 | | Justice under Section
5-10 of the Juvenile Court Act or Section | 13 | | 5-750 of the Juvenile
Court Act
of 1987 or Section 5-8-6 of | 14 | | this Code and confined in the State correctional
institutions | 15 | | or facilities if such juvenile has not been
tried as an adult | 16 | | shall be eligible for parole without
regard to the length of | 17 | | time the person has been confined
or whether the person has | 18 | | served any minimum term imposed.
However, if a juvenile has | 19 | | been tried as an adult he shall
only be eligible for parole or | 20 | | mandatory supervised release
as an adult under this Section.
| 21 | | (f) Notwithstanding any other provision of law, any person | 22 | | in the custody of IDOC who is not a citizen of the United | 23 | | States who meets the following criteria may be released by the | 24 | | Prisoner Review Board to the custody of the United States | 25 | | Department of Homeland Security, Immigration and Customs | 26 | | Enforcement under the Rapid REPAT program described in |
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| 1 | | subsection (5) of Section 3-2-2 of this Code: | 2 | | (1) the person has requested such release voluntarily, | 3 | | but only after: | 4 | | (A) IDOC has identified the person as potentially | 5 | | eligible for the Rapid REPAT program based on the | 6 | | person having fulfilled the requirements in paragraphs | 7 | | (2), (3), and (4) of this subsection (f); | 8 | | (B) subsequent to the identification described in | 9 | | subparagraph (A) of this paragraph (1), IDOC has fully | 10 | | informed the person, both verbally and in writing in | 11 | | English and in the person's native language, about the | 12 | | Rapid REPAT program, including the program | 13 | | requirements for transfer to Immigration and Customs | 14 | | Enforcement and removal from the United States and the | 15 | | consequences of returning to the United States | 16 | | illegally subsequent to removal; and | 17 | | (C) IDOC has provided the person with a written | 18 | | list of names and phone numbers of legal resources with | 19 | | which the person may seek legal consultation, | 20 | | including legal referral services, law firms, and | 21 | | not-for-profit organizations that provide free or | 22 | | low-cost legal assistance; | 23 | | (2) a final order of deportation has been issued | 24 | | against the person, provided that prior to the issuance of | 25 | | such an order, the person has been provided the information | 26 | | described in the last sentence of subsection (5) of Section |
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| 1 | | 3-2-2 of this Code, and provided further that Immigration | 2 | | and Customs Enforcement has notified IDOC that the person | 3 | | has exhausted or voluntarily waived in writing any further | 4 | | rights to seek review of such order; | 5 | | (3) the person has less than one year remaining on his | 6 | | or her sentence of incarceration with the Department of | 7 | | Corrections; and | 8 | | (4) the person is not serving a sentence for a forcible | 9 | | felony, as defined in the Criminal Code of 1961; for any | 10 | | offense "directed against the person", as identified in | 11 | | Part B of Title III of the Criminal Code of 1961; for any | 12 | | offense "affecting governmental functions", as identified | 13 | | in Part E of Title III of the Criminal Code of 1961; for | 14 | | any "aggravated" offense, as identified in Part F of Title | 15 | | III of the Criminal Code of 1961; or for an offense falling | 16 | | into a Class of felony other than Class 3 or 4, as set out | 17 | | in the Criminal Code of 1961 and the Unified Code of | 18 | | Corrections. | 19 | | The Board may condition the early conditional release of a | 20 | | person under this paragraph on receipt of assurance from | 21 | | Immigration and Customs Enforcement that the order of | 22 | | deportation will be executed promptly and that a person | 23 | | released hereunder will not be released from the custody of | 24 | | Immigration and Customs Enforcement, unless such release is a | 25 | | result of deportation, without notice to the Board and an | 26 | | opportunity for issuance of a parole violation warrant for the |
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| 1 | | retaking of the person. | 2 | | If a person released under this subsection returns | 3 | | illegally to the United States, on notification from any | 4 | | federal, state, or local law enforcement authority that the | 5 | | person is in custody, the Board shall revoke his or her early | 6 | | conditional release. Thereafter, the person shall not be | 7 | | eligible for release without first having served the full | 8 | | remainder of his or her term of incarceration. In such event, | 9 | | though, the time spent in the custody of Immigration and | 10 | | Customs Enforcement shall be credited against the remainder of | 11 | | the term of incarceration. | 12 | | (Source: P.A. 94-696, eff. 6-1-06 .)
| 13 | | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| 14 | | Sec. 3-3-8. Length of parole and mandatory supervised
| 15 | | release; discharge.)
| 16 | | (a) The length of parole
for a person sentenced under the | 17 | | law in effect prior to
the effective date of this amendatory | 18 | | Act of 1977 and the
length of mandatory supervised release for | 19 | | those sentenced
under the law in effect on and after such | 20 | | effective date
shall be as set out in Section 5-8-1 unless | 21 | | sooner terminated
under paragraph (b) of this Section. The | 22 | | parole period
of a juvenile committed to the Department under | 23 | | the Juvenile
Court Act or the Juvenile Court Act of 1987 shall | 24 | | extend until he is 21
years of age unless sooner terminated | 25 | | under paragraph (b) of this Section.
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| 1 | | (b) The Prisoner Review Board may enter an order
releasing | 2 | | and discharging one from parole or mandatory
supervised | 3 | | release, and his commitment to the Department,
when it | 4 | | determines that he is likely to remain at liberty
without | 5 | | committing another offense.
| 6 | | (b-1) The Prisoner Review Board may enter an order granting | 7 | | early conditional release under the Rapid REPAT program | 8 | | described in subsection (5) of Section 3-2-2 of this Code in | 9 | | accordance with subsection (f) of Section 3-3-3 of this Code. | 10 | | (c) The order of discharge shall become effective upon | 11 | | entry of the
order of the Board. The Board shall notify the | 12 | | clerk of the committing
court of the order. Upon receipt of | 13 | | such copy, the clerk shall make an
entry on the record judgment | 14 | | that the sentence or commitment has been
satisfied pursuant to | 15 | | the order.
| 16 | | (d) Rights of the person discharged under this
Section | 17 | | shall be restored under Section 5-5-5. This Section is subject | 18 | | to
Section 5-750 of the Juvenile Court Act of 1987.
| 19 | | (Source: P.A. 90-590, eff. 1-1-99.)".
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