Full Text of HB5927 98th General Assembly
HB5927 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5927 Introduced , by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
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Amends the Unified Code of Corrections concerning the sentence for first degree murder. Provides that if the defendant had not attained the age of 18 at the time of the commission of the murder, but is found guilty of first degree murder and certain aggravating factors are present, the court shall sentence the defendant to a term of imprisonment of not less than 60 years and not more than 100 years, or to a term of natural life imprisonment. Eliminates provision that requires the court to sentence a defendant to a term of natural life imprisonment if the defendant is a person who, at the time of the commission of the murder,
had attained the age of 17 or more and is found guilty of murdering an
individual under 12 years of age. Eliminates provision that requires the court to sentence a defendant to a term of natural life imprisonment if the defendant is a person who, at the time of the commission of the murder,
had not attained the age of 17, and is found guilty of murdering a person under
12 years of age and the murder is committed during the course of aggravated
criminal sexual assault, criminal sexual assault, or aggravated kidnaping. Provides that if and only if the Illinois Supreme Court determines the sentencing requirements set forth by the United States Supreme Court in Miller v. Alabama are to be applied retroactively, then the Prisoner Review Board may conduct a hearing on any prisoner serving a sentence of natural life imprisonment if the prisoner was under 18 years of age at the time of the commission of the offense. Provides that if the Prisoner Review Board, by a majority vote of the full Board, determines that the sentencing requirements of Miller v. Alabama apply to the prisoner, the Board shall consider specified factors in recommending to the Governor, in exercise of his or her powers under Section 12 of Article V of the Illinois Constitution to grant commutations, after conviction, for all offenses on such terms as
he or she thinks proper, the time to be served by the prisoner that the Board deems appropriate. Provides that the Governor may delegate his or her authority to commute the sentence of a prisoner to whom Miller v. Alabama applies to the Prisoner Review Board on any terms as he or she thinks proper. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-2, 3-3-13, 5-4.5-20, and 5-8-1 as | 6 | | follows:
| 7 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 8 | | Sec. 3-3-2. Powers and Duties.
| 9 | | (a) The Parole and Pardon Board is abolished and the term | 10 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 11 | | read "Prisoner Review
Board." After the effective date of this | 12 | | amendatory Act of 1977, the
Prisoner Review Board shall provide | 13 | | by rule for the orderly transition of
all files, records, and | 14 | | documents of the Parole and Pardon Board and for
such other | 15 | | steps as may be necessary to effect an orderly transition and | 16 | | shall:
| 17 | | (1) hear by at least one member and through a panel of | 18 | | at least 3 members
decide, cases of prisoners
who were | 19 | | sentenced under the law in effect prior to the effective
| 20 | | date of this amendatory Act of 1977, and who are eligible | 21 | | for parole;
| 22 | | (2) hear by at least one member and through a panel of | 23 | | at least 3 members decide, the conditions of
parole and the |
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| 1 | | time of discharge from parole, impose sanctions for
| 2 | | violations of parole, and revoke
parole for those sentenced | 3 | | under the law in effect prior to this amendatory
Act of | 4 | | 1977; provided that the decision to parole and the | 5 | | conditions of
parole for all prisoners who were sentenced | 6 | | for first degree murder or who
received a minimum sentence | 7 | | of 20 years or more under the law in effect
prior to | 8 | | February 1, 1978 shall be determined by a majority vote of | 9 | | the
Prisoner Review Board. One representative supporting | 10 | | parole and one representative opposing parole will be | 11 | | allowed to speak. Their comments shall be limited to making | 12 | | corrections and filling in omissions to the Board's | 13 | | presentation and discussion;
| 14 | | (3) hear by at least one member and through a panel of | 15 | | at least 3 members decide, the conditions
of mandatory | 16 | | supervised release and the time of discharge from mandatory
| 17 | | supervised release, impose sanctions for violations of | 18 | | mandatory
supervised release, and revoke mandatory | 19 | | supervised release for those
sentenced under the law in | 20 | | effect after the effective date of this
amendatory Act of | 21 | | 1977;
| 22 | | (3.5) hear by at least one member and through a panel | 23 | | of at least 3 members decide, the conditions of mandatory | 24 | | supervised release and the time of discharge from mandatory | 25 | | supervised release, to impose sanctions for violations of | 26 | | mandatory supervised release and revoke mandatory |
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| 1 | | supervised release for those serving extended supervised | 2 | | release terms pursuant to paragraph (4) of subsection (d) | 3 | | of Section 5-8-1;
| 4 | | (3.6) hear by at least one member and through a panel | 5 | | of at least 3 members decide, the time of aftercare | 6 | | release, the conditions of aftercare release and the time | 7 | | of discharge from aftercare release, impose sanctions for | 8 | | violations of aftercare release, and revoke aftercare | 9 | | release for those adjudicated delinquent under the | 10 | | Juvenile Court Act of 1987;
| 11 | | (4) hear by at least one member and through a panel of | 12 | | at least 3
members,
decide cases brought by the Department | 13 | | of Corrections against a prisoner in
the custody of the | 14 | | Department for alleged violation of Department rules
with | 15 | | respect to sentence credits under Section 3-6-3 of this | 16 | | Code
in which the Department seeks to revoke sentence | 17 | | credits, if the amount
of time at issue exceeds 30 days or | 18 | | when, during any 12 month period, the
cumulative amount of | 19 | | credit revoked exceeds 30 days except where the
infraction | 20 | | is committed or discovered within 60 days of scheduled | 21 | | release.
In such cases, the Department of Corrections may | 22 | | revoke up to 30 days of
sentence credit. The Board may | 23 | | subsequently approve the revocation of
additional sentence | 24 | | credit, if the Department seeks to revoke sentence credit | 25 | | in excess of thirty days. However, the Board shall not be
| 26 | | empowered to review the Department's decision with respect |
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| 1 | | to the loss of
30 days of sentence credit for any prisoner | 2 | | or to increase any penalty
beyond the length requested by | 3 | | the Department;
| 4 | | (5) hear by at least one member and through a panel of | 5 | | at least 3
members decide, the
release dates for certain | 6 | | prisoners sentenced under the law in existence
prior to the | 7 | | effective date of this amendatory Act of 1977, in
| 8 | | accordance with Section 3-3-2.1 of this Code;
| 9 | | (6) hear by at least one member and through a panel of | 10 | | at least 3 members
decide, all requests for pardon, | 11 | | reprieve or commutation, and make confidential
| 12 | | recommendations to the Governor;
| 13 | | (7) comply with the requirements of the Open Parole | 14 | | Hearings Act;
| 15 | | (8) hear by at least one member and, through a panel of | 16 | | at least 3
members, decide cases brought by the Department | 17 | | of Corrections against a
prisoner in the custody of the | 18 | | Department for court dismissal of a frivolous
lawsuit | 19 | | pursuant to Section 3-6-3(d) of this Code in which the | 20 | | Department seeks
to revoke up to 180 days of sentence | 21 | | credit, and if the prisoner has not
accumulated 180 days of | 22 | | sentence credit at the time of the dismissal, then
all | 23 | | sentence credit accumulated by the prisoner shall be | 24 | | revoked;
| 25 | | (9) hear by at least 3 members, and, through a panel of | 26 | | at least 3
members, decide whether to grant certificates of |
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| 1 | | relief from
disabilities or certificates of good conduct as | 2 | | provided in Article 5.5 of
Chapter V; | 3 | | (10) upon a petition by a person who has been convicted | 4 | | of a Class 3 or Class 4 felony and who meets the | 5 | | requirements of this paragraph, hear by at least 3 members | 6 | | and, with the unanimous vote of a panel of 3 members, issue | 7 | | a certificate of eligibility for sealing recommending that | 8 | | the court order the sealing of all official
records of the | 9 | | arresting authority, the circuit court clerk, and the | 10 | | Department of State Police concerning the arrest and | 11 | | conviction for the Class 3 or 4 felony. A person may not | 12 | | apply to the Board for a certificate of eligibility for | 13 | | sealing: | 14 | | (A) until 5 years have elapsed since the expiration | 15 | | of his or her sentence; | 16 | | (B) until 5 years have elapsed since any arrests or | 17 | | detentions by a law enforcement officer for an alleged | 18 | | violation of law, other than a petty offense, traffic | 19 | | offense, conservation offense, or local ordinance | 20 | | offense; | 21 | | (C) if convicted of a violation of the Cannabis | 22 | | Control Act, Illinois Controlled Substances Act, the | 23 | | Methamphetamine Control and Community Protection Act, | 24 | | the Methamphetamine Precursor Control Act, or the | 25 | | Methamphetamine Precursor Tracking Act unless the | 26 | | petitioner has completed a drug abuse program for the |
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| 1 | | offense on which sealing is sought and provides proof | 2 | | that he or she has completed the program successfully; | 3 | | (D) if convicted of: | 4 | | (i) a sex offense described in Article 11 or | 5 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 6 | | the Criminal Code of 1961 or the Criminal Code of | 7 | | 2012; | 8 | | (ii) aggravated assault; | 9 | | (iii) aggravated battery; | 10 | | (iv) domestic battery; | 11 | | (v) aggravated domestic battery; | 12 | | (vi) violation of an order of protection; | 13 | | (vii) an offense under the Criminal Code of | 14 | | 1961 or the Criminal Code of 2012 involving a | 15 | | firearm; | 16 | | (viii) driving while under the influence of | 17 | | alcohol, other drug or drugs, intoxicating | 18 | | compound or compounds or any combination thereof; | 19 | | (ix) aggravated driving while under the | 20 | | influence of alcohol, other drug or drugs, | 21 | | intoxicating compound or compounds or any | 22 | | combination thereof; or | 23 | | (x) any crime defined as a crime of violence | 24 | | under Section 2 of the Crime Victims Compensation | 25 | | Act. | 26 | | If a person has applied to the Board for a certificate |
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| 1 | | of eligibility for sealing and the Board denies the | 2 | | certificate, the person must wait at least 4 years before | 3 | | filing again or filing for pardon from the Governor unless | 4 | | the Chairman of the Prisoner Review Board grants a waiver. | 5 | | The decision to issue or refrain from issuing a | 6 | | certificate of eligibility for sealing shall be at the | 7 | | Board's sole discretion, and shall not give rise to any | 8 | | cause of action against either the Board or its members. | 9 | | The Board may only authorize the sealing of Class 3 and | 10 | | 4 felony convictions of the petitioner from one information | 11 | | or indictment under this paragraph (10). A petitioner may | 12 | | only receive one certificate of eligibility for sealing | 13 | | under this provision for life; and
| 14 | | (11) upon a petition by a person who after having been | 15 | | convicted of a Class 3 or Class 4 felony thereafter served | 16 | | in the United States Armed Forces or National Guard of this | 17 | | or any other state and had received an honorable discharge | 18 | | from the United States Armed Forces or National Guard or | 19 | | who at the time of filing the petition is enlisted in the | 20 | | United States Armed Forces or National Guard of this or any | 21 | | other state and served one tour of duty and who meets the | 22 | | requirements of this paragraph, hear by at least 3 members | 23 | | and, with the unanimous vote of a panel of 3 members, issue | 24 | | a certificate of eligibility for expungement recommending | 25 | | that the court order the expungement of all official
| 26 | | records of the arresting authority, the circuit court |
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| 1 | | clerk, and the Department of State Police concerning the | 2 | | arrest and conviction for the Class 3 or 4 felony. A person | 3 | | may not apply to the Board for a certificate of eligibility | 4 | | for expungement: | 5 | | (A) if convicted of: | 6 | | (i) a sex offense described in Article 11 or | 7 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 8 | | the Criminal Code of 1961 or Criminal Code of 2012; | 9 | | (ii) an offense under the Criminal Code of 1961 | 10 | | or Criminal Code of 2012 involving a firearm; or | 11 | | (iii) a crime of violence as defined in Section | 12 | | 2 of the Crime Victims Compensation Act; or | 13 | | (B) if the person has not served in the United | 14 | | States Armed Forces or National Guard of this or any | 15 | | other state or has not received an honorable discharge | 16 | | from the United States Armed Forces or National Guard | 17 | | of this or any other state or who at the time of the | 18 | | filing of the petition is serving in the United States | 19 | | Armed Forces or National Guard of this or any other | 20 | | state and has not completed one tour of duty. | 21 | | If a person has applied to the Board for a certificate | 22 | | of eligibility for expungement and the Board denies the | 23 | | certificate, the person must wait at least 4 years before | 24 | | filing again or filing for a pardon with authorization for | 25 | | expungement from the Governor unless the Governor or | 26 | | Chairman of the Prisoner Review Board grants a waiver ; and |
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| 1 | | . | 2 | | (12) if and only if the Illinois Supreme Court | 3 | | determines the sentencing requirements set forth by the | 4 | | United States Supreme Court in Miller v. Alabama, 132 S. | 5 | | Ct. 2455 (2012), are to be applied retroactively, hear and | 6 | | decide commutation, as provided in this paragraph, of a | 7 | | prisoner serving a sentence of natural life imprisonment if | 8 | | the prisoner was under 18 years of age at the time of the | 9 | | commission of the offense, and make confidential | 10 | | recommendations to the Governor. Notice of the hearing | 11 | | shall be given to the committing court, the State's | 12 | | Attorney of
the county where the conviction was had, and | 13 | | victim representative. At the hearing the prisoner may be | 14 | | represented by counsel. If the Board, by a majority vote of | 15 | | the full Board, determines that the sentencing | 16 | | requirements of Miller v. Alabama apply to the prisoner, | 17 | | the Board shall consider the following factors in | 18 | | recommending to the Governor the time to be served by the | 19 | | prisoner that the Board deems appropriate: | 20 | | (A) the prisoner's chronological age and its | 21 | | hallmark features, among them, immaturity, | 22 | | impetuosity, and failure to appreciate risks and | 23 | | consequences at the time of the commission of the | 24 | | offense; | 25 | | (B) the prisoner's family and home environment | 26 | | that surrounds him or her; |
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| 1 | | (C) the circumstances of the homicide offense, | 2 | | including the extent of the prisoner's participation | 3 | | in the conduct and the way familial and peer pressures | 4 | | may have affected the prisoner; | 5 | | (D) whether the prisoner might have been charged | 6 | | and convicted of a lesser offense if not for | 7 | | incompetencies associated with youth, for example, his | 8 | | or her inability to deal with police officers or | 9 | | prosecutors (including on a plea agreement) or his or | 10 | | her incapacity to assist his or her own attorneys; and | 11 | | (E) whether natural life imprisonment disregards | 12 | | the possibility of rehabilitation even when the | 13 | | circumstances most suggest it. | 14 | | After hearing and full consideration of the above factors | 15 | | the Board may, by a majority vote of the full Board, | 16 | | confidentially recommend to the Governor: | 17 | | (i) the sentence of natural life imprisonment imposed | 18 | | by the court to remain in effect; | 19 | | (ii) commutation of sentence to a set term less than | 20 | | natural life; or | 21 | | (iii) commutation of sentence to time served; and | 22 | | (iv) if commutation is recommended any condition, | 23 | | including a term of mandatory supervised release upon | 24 | | release, the Board thinks proper. | 25 | | The Governor shall decide each Board submitted prisoner | 26 | | commutation application and communicate his or her decision to |
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| 1 | | the Board which shall notify the prisoner. | 2 | | In the event a prisoner is granted a release, after the | 3 | | Governor has communicated this decision to the Board, the Board | 4 | | shall give written notice to the sheriff of the county from | 5 | | which the offender was sentenced if the sheriff has requested | 6 | | that clemency notice be given on a continuing basis. In cases | 7 | | where arrest of the offender or the commission of the offense | 8 | | took place in any municipality with a population of more than | 9 | | 10,000 persons, the Board shall also give written notice to the | 10 | | proper law enforcement agency for the municipality which has | 11 | | requested clemency notice on a continuing basis. | 12 | | This paragraph (12) only applies to prisoners to whom | 13 | | Miller v. Alabama applies retroactively on the date of the | 14 | | Illinois Supreme Court decision. | 15 | | The Governor may delegate his or her authority to commute | 16 | | the sentence of a prisoner described in this paragraph (12) to | 17 | | the Board on any terms as he or she thinks proper. | 18 | | (a-5) The Prisoner Review Board, with the cooperation of | 19 | | and in
coordination with the Department of Corrections and the | 20 | | Department of Central
Management Services, shall implement a | 21 | | pilot project in 3 correctional
institutions providing for the | 22 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 23 | | (a) of this Section through interactive video conferences.
The
| 24 | | project shall be implemented within 6 months after the | 25 | | effective date of this
amendatory Act of 1996. Within 6 months | 26 | | after the implementation of the pilot
project, the Prisoner |
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| 1 | | Review Board, with the cooperation of and in coordination
with | 2 | | the Department of Corrections and the Department of Central | 3 | | Management
Services, shall report to the Governor and the | 4 | | General Assembly regarding the
use, costs, effectiveness, and | 5 | | future viability of interactive video
conferences for Prisoner | 6 | | Review Board hearings.
| 7 | | (b) Upon recommendation of the Department the Board may | 8 | | restore sentence credit previously revoked.
| 9 | | (c) The Board shall cooperate with the Department in | 10 | | promoting an
effective system of parole, aftercare release, and | 11 | | mandatory supervised release.
| 12 | | (d) The Board shall promulgate rules for the conduct of its | 13 | | work,
and the Chairman shall file a copy of such rules and any | 14 | | amendments
thereto with the Director and with the Secretary of | 15 | | State.
| 16 | | (e) The Board shall keep records of all of its official | 17 | | actions and
shall make them accessible in accordance with law | 18 | | and the rules of the
Board.
| 19 | | (f) The Board or one who has allegedly violated the | 20 | | conditions of
his or her parole, aftercare release, or | 21 | | mandatory supervised release may require by subpoena the
| 22 | | attendance and testimony of witnesses and the production of | 23 | | documentary
evidence relating to any matter under | 24 | | investigation or hearing. The
Chairman of the Board may sign | 25 | | subpoenas which shall be served by any
agent or public official | 26 | | authorized by the Chairman of the Board, or by
any person |
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| 1 | | lawfully authorized to serve a subpoena under the laws of the
| 2 | | State of Illinois. The attendance of witnesses, and the | 3 | | production of
documentary evidence, may be required from any | 4 | | place in the State to a
hearing location in the State before | 5 | | the Chairman of the Board or his or her
designated agent or | 6 | | agents or any duly constituted Committee or
Subcommittee of the | 7 | | Board. Witnesses so summoned shall be paid the same
fees and | 8 | | mileage that are paid witnesses in the circuit courts of the
| 9 | | State, and witnesses whose depositions are taken and the | 10 | | persons taking
those depositions are each entitled to the same | 11 | | fees as are paid for
like services in actions in the circuit | 12 | | courts of the State. Fees and
mileage shall be vouchered for | 13 | | payment when the witness is discharged
from further attendance.
| 14 | | In case of disobedience to a subpoena, the Board may | 15 | | petition any
circuit court of the State for an order requiring | 16 | | the attendance and
testimony of witnesses or the production of | 17 | | documentary evidence or
both. A copy of such petition shall be | 18 | | served by personal service or by
registered or certified mail | 19 | | upon the person who has failed to obey the
subpoena, and such | 20 | | person shall be advised in writing that a hearing
upon the | 21 | | petition will be requested in a court room to be designated in
| 22 | | such notice before the judge hearing motions or extraordinary | 23 | | remedies
at a specified time, on a specified date, not less | 24 | | than 10 nor more than
15 days after the deposit of the copy of | 25 | | the written notice and petition
in the U.S. mails addressed to | 26 | | the person at his last known address or
after the personal |
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| 1 | | service of the copy of the notice and petition upon
such | 2 | | person. The court upon the filing of such a petition, may order | 3 | | the
person refusing to obey the subpoena to appear at an | 4 | | investigation or
hearing, or to there produce documentary | 5 | | evidence, if so ordered, or to
give evidence relative to the | 6 | | subject matter of that investigation or
hearing. Any failure to | 7 | | obey such order of the circuit court may be
punished by that | 8 | | court as a contempt of court.
| 9 | | Each member of the Board and any hearing officer designated | 10 | | by the
Board shall have the power to administer oaths and to | 11 | | take the testimony
of persons under oath.
| 12 | | (g) Except under subsection (a) of this Section, a majority | 13 | | of the
members then appointed to the Prisoner Review Board | 14 | | shall constitute a
quorum for the transaction of all business | 15 | | of the Board.
| 16 | | (h) The Prisoner Review Board shall annually transmit to | 17 | | the
Director a detailed report of its work for the preceding | 18 | | calendar year.
The annual report shall also be transmitted to | 19 | | the Governor for
submission to the Legislature.
| 20 | | (Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13; | 21 | | 97-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff. | 22 | | 1-1-14; revised 8-28-13.)
| 23 | | (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
| 24 | | Sec. 3-3-13. Procedure for Executive Clemency.
| 25 | | (a) Petitions seeking pardon, commutation, or reprieve |
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| 1 | | shall be
addressed to the Governor and filed with the Prisoner | 2 | | Review
Board. The petition shall be in writing and signed by | 3 | | the
person under conviction or by a person on his behalf. It | 4 | | shall
contain a brief history of the case, the reasons for | 5 | | seeking
executive clemency, and other relevant information the | 6 | | Board may require.
| 7 | | (a-5) After a petition has been denied by the Governor, the | 8 | | Board may not
accept a repeat petition for executive clemency | 9 | | for the same person until one
full year has elapsed from the | 10 | | date of the denial. The Chairman of the Board
may waive the | 11 | | one-year requirement if the petitioner offers in writing
new | 12 | | information that was unavailable to the petitioner at the time
| 13 | | of the filing of the prior petition and which the Chairman | 14 | | determines to be
significant. The Chairman also may waive the | 15 | | one-year
waiting period if the petitioner can show that a | 16 | | change in circumstances of a
compelling humanitarian nature has | 17 | | arisen since the denial of the prior
petition.
| 18 | | (b) Notice of the proposed application shall be given by
| 19 | | the Board to the committing court and the state's attorney of
| 20 | | the county where the conviction was had.
| 21 | | (c) The Board shall, if requested and upon due notice,
give | 22 | | a hearing to each application, allowing representation by
| 23 | | counsel, if desired, after which it shall confidentially
advise | 24 | | the Governor by a written report of its recommendations
which | 25 | | shall be determined by majority vote. The Board shall
meet to | 26 | | consider such petitions no less than 4 times each
year.
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| 1 | | Application for executive clemency under this Section may | 2 | | not be commenced
on behalf of a person who has been sentenced | 3 | | to death without the written
consent of the defendant, unless | 4 | | the defendant, because of a mental or
physical condition, is | 5 | | incapable of asserting his or her own claim.
| 6 | | (d) The Governor shall decide each application and
| 7 | | communicate his decision to the Board which shall notify the
| 8 | | petitioner.
| 9 | | In the event a petitioner who has been convicted of a Class | 10 | | X felony is
granted a release, after the Governor has | 11 | | communicated such decision to
the Board, the Board shall give | 12 | | written notice to the Sheriff of the county
from which the | 13 | | offender was sentenced if such sheriff has requested that
such | 14 | | notice be given on a continuing basis. In cases where arrest of | 15 | | the
offender or the commission of the offense took place in any | 16 | | municipality
with a population of more than 10,000 persons, the | 17 | | Board shall also give
written notice to the proper law | 18 | | enforcement agency for said municipality
which has requested | 19 | | notice on a continuing basis.
| 20 | | (d-5) If and only if the Illinois Supreme Court determines | 21 | | the sentencing requirements set forth by the United States | 22 | | Supreme Court in Miller v. Alabama, 132 S. Ct. 2455 (2012), are | 23 | | to be applied retroactively, then the Prisoner Review Board may | 24 | | consider, without a petition, commutation of a prisoner serving | 25 | | a sentence of natural life imprisonment if the prisoner was | 26 | | under 18 years of age at the time of the commission of the |
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| 1 | | offense and the Board, by a majority vote of the full Board, | 2 | | determines the sentencing requirements of Miller v. Alabama | 3 | | applies to the prisoner. The Board shall conduct a hearing and | 4 | | make recommendations to the Governor as provided in paragraph | 5 | | (12) of subsection (g) of Section 3-3-2 of this Code. | 6 | | (e) Nothing in this Section shall be construed to limit the | 7 | | power of the
Governor under the constitution to grant a | 8 | | reprieve, commutation of sentence,
or pardon.
| 9 | | (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
| 10 | | (730 ILCS 5/5-4.5-20) | 11 | | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | 12 | | degree murder: | 13 | | (a) TERM. The defendant shall be sentenced to imprisonment | 14 | | or, if appropriate, death under Section 9-1 of the Criminal | 15 | | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | 16 | | Imprisonment shall be for a determinate term of (1) not less | 17 | | than 20 years and not more than 60 years; (2) not less than 60 | 18 | | years and not more than 100 years as provided in subsection | 19 | | (c-5) of Section 5-8-1 (730 ILCS 5/5-8-1) or when an extended | 20 | | term is imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) | 21 | | natural life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| 22 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 23 | | shall not be imposed.
| 24 | | (c) IMPACT INCARCERATION. The impact incarceration program | 25 | | or the county impact incarceration program is not an authorized |
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| 1 | | disposition.
| 2 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 3 | | probation or conditional discharge shall not be imposed.
| 4 | | (e) FINE. Fines may be imposed as provided in Section | 5 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 6 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 7 | | concerning restitution.
| 8 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 9 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 10 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 11 | | (h) DRUG COURT. Drug court is not an authorized | 12 | | disposition.
| 13 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 14 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 15 | | detention prior to judgment.
| 16 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 17 | | for rules and regulations for sentence credit.
| 18 | | (k) ELECTRONIC HOME DETENTION. Electronic home detention | 19 | | is not an authorized disposition, except in limited | 20 | | circumstances as provided in Section 5-8A-3 (730 ILCS | 21 | | 5/5-8A-3).
| 22 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 23 | | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | 24 | | mandatory supervised release term shall be 3 years upon release | 25 | | from imprisonment.
| 26 | | (Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
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| 1 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 2 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 3 | | use of a firearm; mandatory supervised release terms.
| 4 | | (a) Except as otherwise provided in the statute defining | 5 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 6 | | imprisonment for a felony shall be a determinate sentence set | 7 | | by
the court under this Section, according to the following | 8 | | limitations:
| 9 | | (1) for first degree murder,
| 10 | | (a) (blank),
| 11 | | (b) if a trier of fact finds beyond a reasonable
| 12 | | doubt that the murder was accompanied by exceptionally
| 13 | | brutal or heinous behavior indicative of wanton | 14 | | cruelty or, except as set forth
in subsection (a)(1)(c) | 15 | | of this Section, that any of the aggravating factors
| 16 | | listed in subsection (b) or (b-5) of Section 9-1 of the | 17 | | Criminal Code of 1961 or the Criminal Code of 2012 are
| 18 | | present, the court may sentence the defendant to a term | 19 | | of natural life
imprisonment, or
| 20 | | (c) the court shall sentence the defendant to a | 21 | | term of natural life
imprisonment when the death | 22 | | penalty is not imposed if the defendant,
| 23 | | (i) has previously been convicted of first | 24 | | degree murder under
any state or federal law, or
| 25 | | (ii) is a person who, at the time of the |
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| 1 | | commission of the murder,
had attained the age of | 2 | | 17 or more and is found guilty of murdering an
| 3 | | individual under 12 years of age; or, irrespective | 4 | | of the defendant's age at
the time of the | 5 | | commission of the offense, is found guilty of | 6 | | murdering more
than one victim, or
| 7 | | (iii) is found guilty of murdering a peace | 8 | | officer, fireman, or emergency management worker | 9 | | when
the peace officer, fireman, or emergency | 10 | | management worker was killed in the course of | 11 | | performing his
official duties, or to prevent the | 12 | | peace officer or fireman from
performing his | 13 | | official duties, or in retaliation for the peace | 14 | | officer,
fireman, or emergency management worker | 15 | | from performing his official duties, and the | 16 | | defendant knew or should
have known that the | 17 | | murdered individual was a peace officer, fireman, | 18 | | or emergency management worker, or
| 19 | | (iv) is found guilty of murdering an employee | 20 | | of an institution or
facility of the Department of | 21 | | Corrections, or any similar local
correctional | 22 | | agency, when the employee was killed in the course | 23 | | of
performing his official duties, or to prevent | 24 | | the employee from performing
his official duties, | 25 | | or in retaliation for the employee performing his
| 26 | | official duties, or
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| 1 | | (v) is found guilty of murdering an emergency | 2 | | medical
technician - ambulance, emergency medical | 3 | | technician - intermediate, emergency
medical | 4 | | technician - paramedic, ambulance driver or other | 5 | | medical assistance or
first aid person while | 6 | | employed by a municipality or other governmental | 7 | | unit
when the person was killed in the course of | 8 | | performing official duties or
to prevent the | 9 | | person from performing official duties or in | 10 | | retaliation
for performing official duties and the | 11 | | defendant knew or should have known
that the | 12 | | murdered individual was an emergency medical | 13 | | technician - ambulance,
emergency medical | 14 | | technician - intermediate, emergency medical
| 15 | | technician - paramedic, ambulance driver, or other | 16 | | medical
assistant or first aid personnel, or
| 17 | | (vi) (blank), or is a person who, at the time | 18 | | of the commission of the murder,
had not attained | 19 | | the age of 17, and is found guilty of murdering a | 20 | | person under
12 years of age and the murder is | 21 | | committed during the course of aggravated
criminal | 22 | | sexual assault, criminal sexual assault, or | 23 | | aggravated kidnaping,
or
| 24 | | (vii) is found guilty of first degree murder | 25 | | and the murder was
committed by reason of any | 26 | | person's activity as a community policing |
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| 1 | | volunteer
or to prevent any person from engaging in | 2 | | activity as a community policing
volunteer. For | 3 | | the purpose of this Section, "community policing | 4 | | volunteer"
has the meaning ascribed to it in | 5 | | Section 2-3.5 of the Criminal Code of 2012.
| 6 | | For purposes of clause (v), "emergency medical | 7 | | technician - ambulance",
"emergency medical technician - | 8 | | intermediate", "emergency medical technician -
| 9 | | paramedic", have the meanings ascribed to them in the | 10 | | Emergency Medical
Services (EMS) Systems Act.
| 11 | | (c-5) if the defendant had not attained the age of | 12 | | 18 at the time of the commission of the murder, but is | 13 | | found guilty of first degree murder and any of the | 14 | | factors listed in subsection (c) of this Section are | 15 | | present, the court shall sentence the defendant to a | 16 | | term of imprisonment of not less than 60 years and not | 17 | | more than 100 years, or to a term of natural life | 18 | | imprisonment.
| 19 | | (d) (i) if the person committed the offense while | 20 | | armed with a
firearm, 15 years shall be added to | 21 | | the term of imprisonment imposed by the
court;
| 22 | | (ii) if, during the commission of the offense, | 23 | | the person
personally discharged a firearm, 20 | 24 | | years shall be added to the term of
imprisonment | 25 | | imposed by the court;
| 26 | | (iii) if, during the commission of the |
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| 1 | | offense, the person
personally discharged a | 2 | | firearm that proximately caused great bodily harm,
| 3 | | permanent disability, permanent disfigurement, or | 4 | | death to another person, 25
years or up to a term | 5 | | of natural life shall be added to the term of
| 6 | | imprisonment imposed by the court.
| 7 | | (2) (blank);
| 8 | | (2.5) for a person convicted under the circumstances | 9 | | described in subdivision (b)(1)(B) of Section 11-1.20 or
| 10 | | paragraph (3) of subsection (b) of Section 12-13, | 11 | | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of | 12 | | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | 13 | | Section 11-1.40 or paragraph (1.2) of subsection (b) of
| 14 | | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | 15 | | paragraph (2) of subsection (b) of Section 12-14.1
of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012, the | 17 | | sentence shall be a term of natural life
imprisonment.
| 18 | | (b) (Blank).
| 19 | | (c) (Blank).
| 20 | | (d) Subject to
earlier termination under Section 3-3-8, the | 21 | | parole or mandatory
supervised release term shall be written as | 22 | | part of the sentencing order and shall be as follows:
| 23 | | (1) for first degree murder or a Class X felony except | 24 | | for the offenses of predatory criminal sexual assault of a | 25 | | child, aggravated criminal sexual assault, and criminal | 26 | | sexual assault if committed on or after the effective date |
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| 1 | | of this amendatory Act of the 94th General Assembly and | 2 | | except for the offense of aggravated child pornography | 3 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with | 4 | | sentencing under subsection (c-5) of Section 11-20.1 of the | 5 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 6 | | committed on or after January 1, 2009, 3 years;
| 7 | | (2) for a Class 1 felony or a Class 2 felony except for | 8 | | the offense of criminal sexual assault if committed on or | 9 | | after the effective date of this amendatory Act of the 94th | 10 | | General Assembly and except for the offenses of manufacture | 11 | | and dissemination of child pornography under clauses | 12 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 13 | | of 1961 or the Criminal Code of 2012, if committed on or | 14 | | after January 1, 2009, 2 years;
| 15 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 16 | | (4) for defendants who commit the offense of predatory | 17 | | criminal sexual assault of a child, aggravated criminal | 18 | | sexual assault, or criminal sexual assault, on or after the | 19 | | effective date of this amendatory Act of the 94th General | 20 | | Assembly, or who commit the offense of aggravated child | 21 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 22 | | with sentencing under subsection (c-5) of Section 11-20.1 | 23 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 24 | | manufacture of child pornography, or dissemination of | 25 | | child pornography after January 1, 2009, the term of | 26 | | mandatory supervised release shall range from a minimum of |
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| 1 | | 3 years to a maximum of the natural life of the defendant;
| 2 | | (5) if the victim is under 18 years of age, for a | 3 | | second or subsequent
offense of aggravated criminal sexual | 4 | | abuse or felony criminal sexual abuse,
4 years, at least | 5 | | the first 2 years of which the defendant shall serve in an
| 6 | | electronic home detention program under Article 8A of | 7 | | Chapter V of this Code;
| 8 | | (6) for a felony domestic battery, aggravated domestic | 9 | | battery, stalking, aggravated stalking, and a felony | 10 | | violation of an order of protection, 4 years. | 11 | | (e) (Blank).
| 12 | | (f) (Blank).
| 13 | | (Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; | 14 | | 96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. | 15 | | 7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, | 16 | | eff. 1-1-13; 97-1150, eff. 1-25-13.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 730 ILCS 5/3-3-2 | from Ch. 38, par. 1003-3-2 | | 4 | | 730 ILCS 5/3-3-13 | from Ch. 38, par. 1003-3-13 | | 5 | | 730 ILCS 5/5-4.5-20 | | | 6 | | 730 ILCS 5/5-8-1 | from Ch. 38, par. 1005-8-1 |
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