Full Text of SB1008 98th General Assembly
SB1008sam001 98TH GENERAL ASSEMBLY | Sen. William R. Haine Filed: 3/4/2014
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| 1 | | AMENDMENT TO SENATE BILL 1008
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1008 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 3-3-2, 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:
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| 1 | | (1) hear by at least one member and through a panel of | 2 | | at least 3 members
decide, cases of prisoners
who were | 3 | | sentenced under the law in effect prior to the effective
| 4 | | date of this amendatory Act of 1977, and who are eligible | 5 | | for parole;
| 6 | | (2) hear by at least one member and through a panel of | 7 | | at least 3 members decide, the conditions of
parole and the | 8 | | time of discharge from parole, impose sanctions for
| 9 | | violations of parole, and revoke
parole for those sentenced | 10 | | under the law in effect prior to this amendatory
Act of | 11 | | 1977; provided that the decision to parole and the | 12 | | conditions of
parole for all prisoners who were sentenced | 13 | | for first degree murder or who
received a minimum sentence | 14 | | of 20 years or more under the law in effect
prior to | 15 | | February 1, 1978 shall be determined by a majority vote of | 16 | | the
Prisoner Review Board. One representative supporting | 17 | | parole and one representative opposing parole will be | 18 | | allowed to speak. Their comments shall be limited to making | 19 | | corrections and filling in omissions to the Board's | 20 | | presentation and discussion;
| 21 | | (3) hear by at least one member and through a panel of | 22 | | at least 3 members decide, the conditions
of mandatory | 23 | | supervised release and the time of discharge from mandatory
| 24 | | supervised release, impose sanctions for violations of | 25 | | mandatory
supervised release, and revoke mandatory | 26 | | supervised release for those
sentenced under the law in |
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| 1 | | effect after the effective date of this
amendatory Act of | 2 | | 1977;
| 3 | | (3.5) hear by at least one member and through a panel | 4 | | of at least 3 members decide, the conditions of mandatory | 5 | | supervised release and the time of discharge from mandatory | 6 | | supervised release, to impose sanctions for violations of | 7 | | mandatory supervised release and revoke mandatory | 8 | | supervised release for those serving extended supervised | 9 | | release terms pursuant to paragraph (4) of subsection (d) | 10 | | of Section 5-8-1;
| 11 | | (3.6) hear by at least one member and through a panel | 12 | | of at least 3 members decide, the time of aftercare | 13 | | release, the conditions of aftercare release and the time | 14 | | of discharge from aftercare release, impose sanctions for | 15 | | violations of aftercare release, and revoke aftercare | 16 | | release for those adjudicated delinquent under the | 17 | | Juvenile Court Act of 1987;
| 18 | | (4) hear by at least one member and through a panel of | 19 | | at least 3
members,
decide cases brought by the Department | 20 | | of Corrections against a prisoner in
the custody of the | 21 | | Department for alleged violation of Department rules
with | 22 | | respect to sentence credits under Section 3-6-3 of this | 23 | | Code
in which the Department seeks to revoke sentence | 24 | | credits, if the amount
of time at issue exceeds 30 days or | 25 | | when, during any 12 month period, the
cumulative amount of | 26 | | credit revoked exceeds 30 days except where the
infraction |
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| 1 | | is committed or discovered within 60 days of scheduled | 2 | | release.
In such cases, the Department of Corrections may | 3 | | revoke up to 30 days of
sentence credit. The Board may | 4 | | subsequently approve the revocation of
additional sentence | 5 | | credit, if the Department seeks to revoke sentence credit | 6 | | in excess of thirty days. However, the Board shall not be
| 7 | | empowered to review the Department's decision with respect | 8 | | to the loss of
30 days of sentence credit for any prisoner | 9 | | or to increase any penalty
beyond the length requested by | 10 | | the Department;
| 11 | | (5) hear by at least one member and through a panel of | 12 | | at least 3
members decide, the
release dates for certain | 13 | | prisoners sentenced under the law in existence
prior to the | 14 | | effective date of this amendatory Act of 1977, in
| 15 | | accordance with Section 3-3-2.1 of this Code;
| 16 | | (6) hear by at least one member and through a panel of | 17 | | at least 3 members
decide, all requests for pardon, | 18 | | reprieve or commutation, and make confidential
| 19 | | recommendations to the Governor;
| 20 | | (7) comply with the requirements of the Open Parole | 21 | | Hearings Act;
| 22 | | (8) hear by at least one member and, through a panel of | 23 | | at least 3
members, decide cases brought by the Department | 24 | | of Corrections against a
prisoner in the custody of the | 25 | | Department for court dismissal of a frivolous
lawsuit | 26 | | pursuant to Section 3-6-3(d) of this Code in which the |
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| 1 | | Department seeks
to revoke up to 180 days of sentence | 2 | | credit, and if the prisoner has not
accumulated 180 days of | 3 | | sentence credit at the time of the dismissal, then
all | 4 | | sentence credit accumulated by the prisoner shall be | 5 | | revoked;
| 6 | | (9) hear by at least 3 members, and, through a panel of | 7 | | at least 3
members, decide whether to grant certificates of | 8 | | relief from
disabilities or certificates of good conduct as | 9 | | provided in Article 5.5 of
Chapter V; | 10 | | (10) upon a petition by a person who has been convicted | 11 | | of a Class 3 or Class 4 felony and who meets the | 12 | | requirements of this paragraph, hear by at least 3 members | 13 | | and, with the unanimous vote of a panel of 3 members, issue | 14 | | a certificate of eligibility for sealing recommending that | 15 | | the court order the sealing of all official
records of the | 16 | | arresting authority, the circuit court clerk, and the | 17 | | Department of State Police concerning the arrest and | 18 | | conviction for the Class 3 or 4 felony. A person may not | 19 | | apply to the Board for a certificate of eligibility for | 20 | | sealing: | 21 | | (A) until 5 years have elapsed since the expiration | 22 | | of his or her sentence; | 23 | | (B) until 5 years have elapsed since any arrests or | 24 | | detentions by a law enforcement officer for an alleged | 25 | | violation of law, other than a petty offense, traffic | 26 | | offense, conservation offense, or local ordinance |
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| 1 | | offense; | 2 | | (C) if convicted of a violation of the Cannabis | 3 | | Control Act, Illinois Controlled Substances Act, the | 4 | | Methamphetamine Control and Community Protection Act, | 5 | | the Methamphetamine Precursor Control Act, or the | 6 | | Methamphetamine Precursor Tracking Act unless the | 7 | | petitioner has completed a drug abuse program for the | 8 | | offense on which sealing is sought and provides proof | 9 | | that he or she has completed the program successfully; | 10 | | (D) if convicted of: | 11 | | (i) a sex offense described in Article 11 or | 12 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 13 | | the Criminal Code of 1961 or the Criminal Code of | 14 | | 2012; | 15 | | (ii) aggravated assault; | 16 | | (iii) aggravated battery; | 17 | | (iv) domestic battery; | 18 | | (v) aggravated domestic battery; | 19 | | (vi) violation of an order of protection; | 20 | | (vii) an offense under the Criminal Code of | 21 | | 1961 or the Criminal Code of 2012 involving a | 22 | | firearm; | 23 | | (viii) driving while under the influence of | 24 | | alcohol, other drug or drugs, intoxicating | 25 | | compound or compounds or any combination thereof; | 26 | | (ix) aggravated driving while under the |
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| 1 | | influence of alcohol, other drug or drugs, | 2 | | intoxicating compound or compounds or any | 3 | | combination thereof; or | 4 | | (x) any crime defined as a crime of violence | 5 | | under Section 2 of the Crime Victims Compensation | 6 | | Act. | 7 | | If a person has applied to the Board for a certificate | 8 | | of eligibility for sealing and the Board denies the | 9 | | certificate, the person must wait at least 4 years before | 10 | | filing again or filing for pardon from the Governor unless | 11 | | the Chairman of the Prisoner Review Board grants a waiver. | 12 | | The decision to issue or refrain from issuing a | 13 | | certificate of eligibility for sealing shall be at the | 14 | | Board's sole discretion, and shall not give rise to any | 15 | | cause of action against either the Board or its members. | 16 | | The Board may only authorize the sealing of Class 3 and | 17 | | 4 felony convictions of the petitioner from one information | 18 | | or indictment under this paragraph (10). A petitioner may | 19 | | only receive one certificate of eligibility for sealing | 20 | | under this provision for life; and
| 21 | | (11) upon a petition by a person who after having been | 22 | | convicted of a Class 3 or Class 4 felony thereafter served | 23 | | in the United States Armed Forces or National Guard of this | 24 | | or any other state and had received an honorable discharge | 25 | | from the United States Armed Forces or National Guard or | 26 | | who at the time of filing the petition is enlisted in the |
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| 1 | | United States Armed Forces or National Guard of this or any | 2 | | other state and served one tour of duty and who meets the | 3 | | requirements of this paragraph, hear by at least 3 members | 4 | | and, with the unanimous vote of a panel of 3 members, issue | 5 | | a certificate of eligibility for expungement recommending | 6 | | that the court order the expungement of all official
| 7 | | records of the arresting authority, the circuit court | 8 | | clerk, and the Department of State Police concerning the | 9 | | arrest and conviction for the Class 3 or 4 felony. A person | 10 | | may not apply to the Board for a certificate of eligibility | 11 | | for expungement: | 12 | | (A) if convicted of: | 13 | | (i) a sex offense described in Article 11 or | 14 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 15 | | the Criminal Code of 1961 or Criminal Code of 2012; | 16 | | (ii) an offense under the Criminal Code of 1961 | 17 | | or Criminal Code of 2012 involving a firearm; or | 18 | | (iii) a crime of violence as defined in Section | 19 | | 2 of the Crime Victims Compensation Act; or | 20 | | (B) if the person has not served in the United | 21 | | States Armed Forces or National Guard of this or any | 22 | | other state or has not received an honorable discharge | 23 | | from the United States Armed Forces or National Guard | 24 | | of this or any other state or who at the time of the | 25 | | filing of the petition is serving in the United States | 26 | | Armed Forces or National Guard of this or any other |
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| 1 | | state and has not completed one tour of duty. | 2 | | If a person has applied to the Board for a certificate | 3 | | of eligibility for expungement and the Board denies the | 4 | | certificate, the person must wait at least 4 years before | 5 | | filing again or filing for a pardon with authorization for | 6 | | expungement from the Governor unless the Governor or | 7 | | Chairman of the Prisoner Review Board grants a waiver ; and | 8 | | . | 9 | | (12) if and only if the Illinois Supreme Court | 10 | | determines the sentencing requirements set forth by the | 11 | | United States Supreme Court in Miller v. Alabama, 132 S. | 12 | | Ct. 2455 (2012), are to be applied retroactively, hear and | 13 | | decide commutation, as provided in this paragraph, of a | 14 | | prisoner serving a sentence of natural life imprisonment if | 15 | | the prisoner was under 18 years of age at the time of the | 16 | | commission of the offense, and make confidential | 17 | | recommendations to the Governor. Notice of the hearing | 18 | | shall be given to the committing court, the State's | 19 | | Attorney of
the county where the conviction was had, and | 20 | | victim representative. At the hearing the prisoner may be | 21 | | represented by counsel. If the Board, by a majority vote of | 22 | | the full Board, determines that the sentencing | 23 | | requirements of Miller v. Alabama apply to the prisoner, | 24 | | the Board shall consider the following factors in | 25 | | recommending to the Governor the time to be served by the | 26 | | prisoner that the Board deems appropriate: |
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| 1 | | (A) the prisoner's chronological age and its | 2 | | hallmark features, among them, immaturity, | 3 | | impetuosity, and failure to appreciate risks and | 4 | | consequences at the time of the commission of the | 5 | | offense; | 6 | | (B) the prisoner's family and home environment | 7 | | that surrounds him or her; | 8 | | (C) the circumstances of the homicide offense, | 9 | | including the extent of the prisoner's participation | 10 | | in the conduct and the way familial and peer pressures | 11 | | may have affected the prisoner; | 12 | | (D) whether the prisoner might have been charged | 13 | | and convicted of a lesser offense if not for | 14 | | incompetencies associated with youth, for example, his | 15 | | or her inability to deal with police officers or | 16 | | prosecutors (including on a plea agreement) or his or | 17 | | her incapacity to assist his or her own attorneys; and | 18 | | (E) whether natural life imprisonment disregards | 19 | | the possibility of rehabilitation even when the | 20 | | circumstances most suggest it. | 21 | | After hearing and full consideration of the above factors | 22 | | the Board may, by a majority vote of the full Board, | 23 | | confidentially recommend to the Governor: | 24 | | (i) the sentence of natural life imprisonment imposed | 25 | | by the court to remain in effect; | 26 | | (ii) commutation of sentence to a set term less than |
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| 1 | | natural life; or | 2 | | (iii) commutation of sentence to time served; and | 3 | | (iv) if commutation is recommended any condition, | 4 | | including a term of mandatory supervised release upon | 5 | | release, the Board thinks proper. | 6 | | The Governor shall decide each Board submitted prisoner | 7 | | commutation application and communicate his or her decision to | 8 | | the Board which shall notify the prisoner. | 9 | | In the event a prisoner is granted a release, after the | 10 | | Governor has communicated this decision to the Board, the Board | 11 | | shall give written notice to the sheriff of the county from | 12 | | which the offender was sentenced if the sheriff has requested | 13 | | that clemency notice be given on a continuing basis. In cases | 14 | | where arrest of the offender or the commission of the offense | 15 | | took place in any municipality with a population of more than | 16 | | 10,000 persons, the Board shall also give written notice to the | 17 | | proper law enforcement agency for the municipality which has | 18 | | requested clemency notice on a continuing basis. | 19 | | This paragraph (12) only applies to prisoners to whom | 20 | | Miller v. Alabama applies retroactively on the date of the | 21 | | Illinois Supreme Court decision. | 22 | | The Governor may delegate his or her authority to commute | 23 | | the sentence of a prisoner described in this paragraph (12) to | 24 | | the Board on any terms as he or she thinks proper. | 25 | | (a-5) The Prisoner Review Board, with the cooperation of | 26 | | and in
coordination with the Department of Corrections and the |
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| 1 | | Department of Central
Management Services, shall implement a | 2 | | pilot project in 3 correctional
institutions providing for the | 3 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 4 | | (a) of this Section through interactive video conferences.
The
| 5 | | project shall be implemented within 6 months after the | 6 | | effective date of this
amendatory Act of 1996. Within 6 months | 7 | | after the implementation of the pilot
project, the Prisoner | 8 | | Review Board, with the cooperation of and in coordination
with | 9 | | the Department of Corrections and the Department of Central | 10 | | Management
Services, shall report to the Governor and the | 11 | | General Assembly regarding the
use, costs, effectiveness, and | 12 | | future viability of interactive video
conferences for Prisoner | 13 | | Review Board hearings.
| 14 | | (b) Upon recommendation of the Department the Board may | 15 | | restore sentence credit previously revoked.
| 16 | | (c) The Board shall cooperate with the Department in | 17 | | promoting an
effective system of parole, aftercare release, and | 18 | | mandatory supervised release.
| 19 | | (d) The Board shall promulgate rules for the conduct of its | 20 | | work,
and the Chairman shall file a copy of such rules and any | 21 | | amendments
thereto with the Director and with the Secretary of | 22 | | State.
| 23 | | (e) The Board shall keep records of all of its official | 24 | | actions and
shall make them accessible in accordance with law | 25 | | and the rules of the
Board.
| 26 | | (f) The Board or one who has allegedly violated the |
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| 1 | | conditions of
his or her parole, aftercare release, or | 2 | | mandatory supervised release may require by subpoena the
| 3 | | attendance and testimony of witnesses and the production of | 4 | | documentary
evidence relating to any matter under | 5 | | investigation or hearing. The
Chairman of the Board may sign | 6 | | subpoenas which shall be served by any
agent or public official | 7 | | authorized by the Chairman of the Board, or by
any person | 8 | | lawfully authorized to serve a subpoena under the laws of the
| 9 | | State of Illinois. The attendance of witnesses, and the | 10 | | production of
documentary evidence, may be required from any | 11 | | place in the State to a
hearing location in the State before | 12 | | the Chairman of the Board or his or her
designated agent or | 13 | | agents or any duly constituted Committee or
Subcommittee of the | 14 | | Board. Witnesses so summoned shall be paid the same
fees and | 15 | | mileage that are paid witnesses in the circuit courts of the
| 16 | | State, and witnesses whose depositions are taken and the | 17 | | persons taking
those depositions are each entitled to the same | 18 | | fees as are paid for
like services in actions in the circuit | 19 | | courts of the State. Fees and
mileage shall be vouchered for | 20 | | payment when the witness is discharged
from further attendance.
| 21 | | In case of disobedience to a subpoena, the Board may | 22 | | petition any
circuit court of the State for an order requiring | 23 | | the attendance and
testimony of witnesses or the production of | 24 | | documentary evidence or
both. A copy of such petition shall be | 25 | | served by personal service or by
registered or certified mail | 26 | | upon the person who has failed to obey the
subpoena, and such |
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| 1 | | person shall be advised in writing that a hearing
upon the | 2 | | petition will be requested in a court room to be designated in
| 3 | | such notice before the judge hearing motions or extraordinary | 4 | | remedies
at a specified time, on a specified date, not less | 5 | | than 10 nor more than
15 days after the deposit of the copy of | 6 | | the written notice and petition
in the U.S. mails addressed to | 7 | | the person at his last known address or
after the personal | 8 | | service of the copy of the notice and petition upon
such | 9 | | person. The court upon the filing of such a petition, may order | 10 | | the
person refusing to obey the subpoena to appear at an | 11 | | investigation or
hearing, or to there produce documentary | 12 | | evidence, if so ordered, or to
give evidence relative to the | 13 | | subject matter of that investigation or
hearing. Any failure to | 14 | | obey such order of the circuit court may be
punished by that | 15 | | court as a contempt of court.
| 16 | | Each member of the Board and any hearing officer designated | 17 | | by the
Board shall have the power to administer oaths and to | 18 | | take the testimony
of persons under oath.
| 19 | | (g) Except under subsection (a) of this Section, a majority | 20 | | of the
members then appointed to the Prisoner Review Board | 21 | | shall constitute a
quorum for the transaction of all business | 22 | | of the Board.
| 23 | | (h) The Prisoner Review Board shall annually transmit to | 24 | | the
Director a detailed report of its work for the preceding | 25 | | calendar year.
The annual report shall also be transmitted to | 26 | | the Governor for
submission to the Legislature.
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| 1 | | (Source: P.A. 97-697, eff. 6-22-12; 97-1120, eff. 1-1-13; | 2 | | 97-1150, eff. 1-25-13; 98-399, eff. 8-16-13; 98-558, eff. | 3 | | 1-1-14; revised 8-28-13.)
| 4 | | (730 ILCS 5/3-3-13) (from Ch. 38, par. 1003-3-13)
| 5 | | Sec. 3-3-13. Procedure for Executive Clemency.
| 6 | | (a) Petitions seeking pardon, commutation, or reprieve | 7 | | shall be
addressed to the Governor and filed with the Prisoner | 8 | | Review
Board. The petition shall be in writing and signed by | 9 | | the
person under conviction or by a person on his behalf. It | 10 | | shall
contain a brief history of the case, the reasons for | 11 | | seeking
executive clemency, and other relevant information the | 12 | | Board may require.
| 13 | | (a-5) After a petition has been denied by the Governor, the | 14 | | Board may not
accept a repeat petition for executive clemency | 15 | | for the same person until one
full year has elapsed from the | 16 | | date of the denial. The Chairman of the Board
may waive the | 17 | | one-year requirement if the petitioner offers in writing
new | 18 | | information that was unavailable to the petitioner at the time
| 19 | | of the filing of the prior petition and which the Chairman | 20 | | determines to be
significant. The Chairman also may waive the | 21 | | one-year
waiting period if the petitioner can show that a | 22 | | change in circumstances of a
compelling humanitarian nature has | 23 | | arisen since the denial of the prior
petition.
| 24 | | (b) Notice of the proposed application shall be given by
| 25 | | the Board to the committing court and the state's attorney of
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| 1 | | the county where the conviction was had.
| 2 | | (c) The Board shall, if requested and upon due notice,
give | 3 | | a hearing to each application, allowing representation by
| 4 | | counsel, if desired, after which it shall confidentially
advise | 5 | | the Governor by a written report of its recommendations
which | 6 | | shall be determined by majority vote. The Board shall
meet to | 7 | | consider such petitions no less than 4 times each
year.
| 8 | | Application for executive clemency under this Section may | 9 | | not be commenced
on behalf of a person who has been sentenced | 10 | | to death without the written
consent of the defendant, unless | 11 | | the defendant, because of a mental or
physical condition, is | 12 | | incapable of asserting his or her own claim.
| 13 | | (d) The Governor shall decide each application and
| 14 | | communicate his decision to the Board which shall notify the
| 15 | | petitioner.
| 16 | | In the event a petitioner who has been convicted of a Class | 17 | | X felony is
granted a release, after the Governor has | 18 | | communicated such decision to
the Board, the Board shall give | 19 | | written notice to the Sheriff of the county
from which the | 20 | | offender was sentenced if such sheriff has requested that
such | 21 | | notice be given on a continuing basis. In cases where arrest of | 22 | | the
offender or the commission of the offense took place in any | 23 | | municipality
with a population of more than 10,000 persons, the | 24 | | Board shall also give
written notice to the proper law | 25 | | enforcement agency for said municipality
which has requested | 26 | | notice on a continuing basis.
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| 1 | | (d-5) If and only if the Illinois Supreme Court determines | 2 | | the sentencing requirements set forth by the United States | 3 | | Supreme Court in Miller v. Alabama, 132 S. Ct. 2455 (2012), are | 4 | | to be applied retroactively, then the Prisoner Review Board may | 5 | | consider, without a petition, commutation of a prisoner serving | 6 | | a sentence of natural life imprisonment if the prisoner was | 7 | | under 18 years of age at the time of the commission of the | 8 | | offense and the Board, by a majority vote of the full Board, | 9 | | determines the sentencing requirements of Miller v. Alabama | 10 | | applies to the prisoner. The Board shall conduct a hearing and | 11 | | make recommendations to the Governor as provided in paragraph | 12 | | (12) of subsection (g) of Section 3-3-2 of this Code. | 13 | | (e) Nothing in this Section shall be construed to limit the | 14 | | power of the
Governor under the constitution to grant a | 15 | | reprieve, commutation of sentence,
or pardon.
| 16 | | (Source: P.A. 89-112, eff. 7-7-95; 89-684, eff. 6-1-97.)
| 17 | | (730 ILCS 5/5-4.5-20) | 18 | | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | 19 | | degree murder: | 20 | | (a) TERM. The defendant shall be sentenced to imprisonment | 21 | | or, if appropriate, death under Section 9-1 of the Criminal | 22 | | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | 23 | | Imprisonment shall be for a determinate term of (1) not less | 24 | | than 20 years and not more than 60 years; (2) not less than 60 | 25 | | years and not more than 100 years as provided in subsection |
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| 1 | | (c-5) of Section 5-8-1 (730 ILCS 5/5-8-1) or when an extended | 2 | | term is imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) | 3 | | natural life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| 4 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 5 | | shall not be imposed.
| 6 | | (c) IMPACT INCARCERATION. The impact incarceration program | 7 | | or the county impact incarceration program is not an authorized | 8 | | disposition.
| 9 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 10 | | probation or conditional discharge shall not be imposed.
| 11 | | (e) FINE. Fines may be imposed as provided in Section | 12 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 13 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 14 | | concerning restitution.
| 15 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 16 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 17 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 18 | | (h) DRUG COURT. Drug court is not an authorized | 19 | | disposition.
| 20 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 21 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 22 | | detention prior to judgment.
| 23 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 24 | | for rules and regulations for sentence credit.
| 25 | | (k) ELECTRONIC HOME DETENTION. Electronic home detention | 26 | | is not an authorized disposition, except in limited |
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| 1 | | circumstances as provided in Section 5-8A-3 (730 ILCS | 2 | | 5/5-8A-3).
| 3 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 4 | | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | 5 | | mandatory supervised release term shall be 3 years upon release | 6 | | from imprisonment.
| 7 | | (Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.)
| 8 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| 9 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 10 | | use of a firearm; mandatory supervised release terms.
| 11 | | (a) Except as otherwise provided in the statute defining | 12 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 13 | | imprisonment for a felony shall be a determinate sentence set | 14 | | by
the court under this Section, according to the following | 15 | | limitations:
| 16 | | (1) for first degree murder,
| 17 | | (a) (blank),
| 18 | | (b) if a trier of fact finds beyond a reasonable
| 19 | | doubt that the murder was accompanied by exceptionally
| 20 | | brutal or heinous behavior indicative of wanton | 21 | | cruelty or, except as set forth
in subsection (a)(1)(c) | 22 | | of this Section, that any of the aggravating factors
| 23 | | listed in subsection (b) or (b-5) of Section 9-1 of the | 24 | | Criminal Code of 1961 or the Criminal Code of 2012 are
| 25 | | present, the court may sentence the defendant to a term |
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| 1 | | of natural life
imprisonment, or
| 2 | | (c) the court shall sentence the defendant to a | 3 | | term of natural life
imprisonment when the death | 4 | | penalty is not imposed if the defendant,
| 5 | | (i) has previously been convicted of first | 6 | | degree murder under
any state or federal law, or
| 7 | | (ii) is a person who, at the time of the | 8 | | commission of the murder,
had attained the age of | 9 | | 17 or more and is found guilty of murdering an
| 10 | | individual under 12 years of age; or, irrespective | 11 | | of the defendant's age at
the time of the | 12 | | commission of the offense, is found guilty of | 13 | | murdering more
than one victim, or
| 14 | | (iii) is found guilty of murdering a peace | 15 | | officer, fireman, or emergency management worker | 16 | | when
the peace officer, fireman, or emergency | 17 | | management worker was killed in the course of | 18 | | performing his
official duties, or to prevent the | 19 | | peace officer or fireman from
performing his | 20 | | official duties, or in retaliation for the peace | 21 | | officer,
fireman, or emergency management worker | 22 | | from performing his official duties, and the | 23 | | defendant knew or should
have known that the | 24 | | murdered individual was a peace officer, fireman, | 25 | | or emergency management worker, or
| 26 | | (iv) is found guilty of murdering an employee |
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| 1 | | of an institution or
facility of the Department of | 2 | | Corrections, or any similar local
correctional | 3 | | agency, when the employee was killed in the course | 4 | | of
performing his official duties, or to prevent | 5 | | the employee from performing
his official duties, | 6 | | or in retaliation for the employee performing his
| 7 | | official duties, or
| 8 | | (v) is found guilty of murdering an emergency | 9 | | medical
technician - ambulance, emergency medical | 10 | | technician - intermediate, emergency
medical | 11 | | technician - paramedic, ambulance driver or other | 12 | | medical assistance or
first aid person while | 13 | | employed by a municipality or other governmental | 14 | | unit
when the person was killed in the course of | 15 | | performing official duties or
to prevent the | 16 | | person from performing official duties or in | 17 | | retaliation
for performing official duties and the | 18 | | defendant knew or should have known
that the | 19 | | murdered individual was an emergency medical | 20 | | technician - ambulance,
emergency medical | 21 | | technician - intermediate, emergency medical
| 22 | | technician - paramedic, ambulance driver, or other | 23 | | medical
assistant or first aid personnel, or
| 24 | | (vi) (blank), or is a person who, at the time | 25 | | of the commission of the murder,
had not attained | 26 | | the age of 17, and is found guilty of murdering a |
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| 1 | | person under
12 years of age and the murder is | 2 | | committed during the course of aggravated
criminal | 3 | | sexual assault, criminal sexual assault, or | 4 | | aggravated kidnaping,
or
| 5 | | (vii) is found guilty of first degree murder | 6 | | and the murder was
committed by reason of any | 7 | | person's activity as a community policing | 8 | | volunteer
or to prevent any person from engaging in | 9 | | activity as a community policing
volunteer. For | 10 | | the purpose of this Section, "community policing | 11 | | volunteer"
has the meaning ascribed to it in | 12 | | Section 2-3.5 of the Criminal Code of 2012.
| 13 | | For purposes of clause (v), "emergency medical | 14 | | technician - ambulance",
"emergency medical technician - | 15 | | intermediate", "emergency medical technician -
| 16 | | paramedic", have the meanings ascribed to them in the | 17 | | Emergency Medical
Services (EMS) Systems Act.
| 18 | | (c-5) if the defendant had not attained the age of | 19 | | 18 at the time of the commission of the murder, but is | 20 | | found guilty of first degree murder and any of the | 21 | | factors listed in subsection (c) of this Section are | 22 | | present, the court shall sentence the defendant to a | 23 | | term of imprisonment of not less than 60 years and not | 24 | | more than 100 years, or to a term of natural life | 25 | | imprisonment.
| 26 | | (d) (i) if the person committed the offense while |
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| 1 | | armed with a
firearm, 15 years shall be added to | 2 | | the term of imprisonment imposed by the
court;
| 3 | | (ii) if, during the commission of the offense, | 4 | | the person
personally discharged a firearm, 20 | 5 | | years shall be added to the term of
imprisonment | 6 | | imposed by the court;
| 7 | | (iii) if, during the commission of the | 8 | | offense, the person
personally discharged a | 9 | | firearm that proximately caused great bodily harm,
| 10 | | permanent disability, permanent disfigurement, or | 11 | | death to another person, 25
years or up to a term | 12 | | of natural life shall be added to the term of
| 13 | | imprisonment imposed by the court.
| 14 | | (2) (blank);
| 15 | | (2.5) for a person convicted under the circumstances | 16 | | described in subdivision (b)(1)(B) of Section 11-1.20 or
| 17 | | paragraph (3) of subsection (b) of Section 12-13, | 18 | | subdivision (d)(2) of Section 11-1.30 or paragraph (2) of | 19 | | subsection
(d) of Section 12-14, subdivision (b)(1.2) of | 20 | | Section 11-1.40 or paragraph (1.2) of subsection (b) of
| 21 | | Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or | 22 | | paragraph (2) of subsection (b) of Section 12-14.1
of the | 23 | | Criminal Code of 1961 or the Criminal Code of 2012, the | 24 | | sentence shall be a term of natural life
imprisonment.
| 25 | | (b) (Blank).
| 26 | | (c) (Blank).
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| 1 | | (d) Subject to
earlier termination under Section 3-3-8, the | 2 | | parole or mandatory
supervised release term shall be written as | 3 | | part of the sentencing order and shall be as follows:
| 4 | | (1) for first degree murder or a Class X felony except | 5 | | for the offenses of predatory criminal sexual assault of a | 6 | | child, aggravated criminal sexual assault, and criminal | 7 | | sexual assault if committed on or after the effective date | 8 | | of this amendatory Act of the 94th General Assembly and | 9 | | except for the offense of aggravated child pornography | 10 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with | 11 | | sentencing under subsection (c-5) of Section 11-20.1 of the | 12 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 13 | | committed on or after January 1, 2009, 3 years;
| 14 | | (2) for a Class 1 felony or a Class 2 felony except for | 15 | | the offense of criminal sexual assault if committed on or | 16 | | after the effective date of this amendatory Act of the 94th | 17 | | General Assembly and except for the offenses of manufacture | 18 | | and dissemination of child pornography under clauses | 19 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 20 | | of 1961 or the Criminal Code of 2012, if committed on or | 21 | | after January 1, 2009, 2 years;
| 22 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 23 | | (4) for defendants who commit the offense of predatory | 24 | | criminal sexual assault of a child, aggravated criminal | 25 | | sexual assault, or criminal sexual assault, on or after the | 26 | | effective date of this amendatory Act of the 94th General |
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| 1 | | Assembly, or who commit the offense of aggravated child | 2 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 3 | | with sentencing under subsection (c-5) of Section 11-20.1 | 4 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 5 | | manufacture of child pornography, or dissemination of | 6 | | child pornography after January 1, 2009, the term of | 7 | | mandatory supervised release shall range from a minimum of | 8 | | 3 years to a maximum of the natural life of the defendant;
| 9 | | (5) if the victim is under 18 years of age, for a | 10 | | second or subsequent
offense of aggravated criminal sexual | 11 | | abuse or felony criminal sexual abuse,
4 years, at least | 12 | | the first 2 years of which the defendant shall serve in an
| 13 | | electronic home detention program under Article 8A of | 14 | | Chapter V of this Code;
| 15 | | (6) for a felony domestic battery, aggravated domestic | 16 | | battery, stalking, aggravated stalking, and a felony | 17 | | violation of an order of protection, 4 years. | 18 | | (e) (Blank).
| 19 | | (f) (Blank).
| 20 | | (Source: P.A. 96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; | 21 | | 96-1200, eff. 7-22-10; 96-1475, eff. 1-1-11; 96-1551, eff. | 22 | | 7-1-11; 97-333, eff. 8-12-11; 97-531, eff. 1-1-12; 97-1109, | 23 | | eff. 1-1-13; 97-1150, eff. 1-25-13.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.".
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