Full Text of SB1766 98th General Assembly
SB1766 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1766 Introduced 2/15/2013, by Sen. Kwame Raoul SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-3-2 | from Ch. 38, par. 1003-3-2 |
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Amends the Unified Code of Corrections. Makes a technical change in a Section concerning the powers and duties of the Prisoner Review Board.
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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 Section 3-3-2 as follows:
| 6 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 7 | | Sec. 3-3-2. Powers and Duties.
| 8 | | (a) The Parole and Pardon Board is abolished and the term | 9 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 10 | | read "Prisoner Review
Board." After the effective date of this | 11 | | amendatory Act of 1977, the
Prisoner Review Board shall provide | 12 | | by rule for the orderly transition of
all files, records, and | 13 | | documents of the Parole and Pardon Board and for
such other | 14 | | steps as may be necessary to effect an orderly transition and | 15 | | shall:
| 16 | | (1) hear by at least one member and through a panel of | 17 | | at least 3 members
decide, cases of prisoners
who were | 18 | | sentenced under the law in effect prior to the effective
| 19 | | date of this amendatory Act of 1977, and who are eligible | 20 | | for parole;
| 21 | | (2) hear by at least one member and through a panel of | 22 | | at least 3 members decide, the conditions of
parole and the | 23 | | time of discharge from parole, impose sanctions for
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| 1 | | violations of parole, and revoke
parole for those sentenced | 2 | | under the law in effect prior to this amendatory
Act of | 3 | | 1977; provided that the decision to parole and the | 4 | | conditions of
parole for all prisoners who were sentenced | 5 | | for first degree murder or who
received a minimum sentence | 6 | | of 20 years or more under the law in effect
prior to | 7 | | February 1, 1978 shall be determined by a majority vote of | 8 | | the
Prisoner Review Board. One representative supporting | 9 | | parole and one representative opposing parole will be | 10 | | allowed to speak. Their comments shall be limited to making | 11 | | corrections and filling in omissions to the Board's | 12 | | presentation and discussion;
| 13 | | (3) hear by at least one member and through a panel of | 14 | | at least 3 members decide, the conditions
of mandatory | 15 | | supervised release and the time of discharge from mandatory
| 16 | | supervised release, impose sanctions for violations of | 17 | | mandatory
supervised release, and revoke mandatory | 18 | | supervised release for those
sentenced under the law in | 19 | | effect after the effective date of this
amendatory Act of | 20 | | 1977;
| 21 | | (3.5) hear by at least one member and through a panel | 22 | | of at least 3 members decide, the conditions of mandatory | 23 | | supervised release and the time of discharge from mandatory | 24 | | supervised release, to impose sanctions for violations of | 25 | | mandatory supervised release and revoke mandatory | 26 | | supervised release for those serving extended supervised |
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| 1 | | release terms pursuant to paragraph (4) of subsection (d) | 2 | | of Section 5-8-1;
| 3 | | (4) hear by at least one 1 member and through a panel | 4 | | of at least 3
members,
decide cases brought by the | 5 | | Department of Corrections against a prisoner in
the custody | 6 | | of the Department for alleged violation of Department rules
| 7 | | with respect to sentence credits under Section 3-6-3 of | 8 | | this Code
in which the Department seeks to revoke sentence | 9 | | credits, if the amount
of time at issue exceeds 30 days or | 10 | | when, during any 12 month period, the
cumulative amount of | 11 | | credit revoked exceeds 30 days except where the
infraction | 12 | | is committed or discovered within 60 days of scheduled | 13 | | release.
In such cases, the Department of Corrections may | 14 | | revoke up to 30 days of
sentence credit. The Board may | 15 | | subsequently approve the revocation of
additional sentence | 16 | | credit, if the Department seeks to revoke sentence credit | 17 | | in excess of thirty days. However, the Board shall not be
| 18 | | empowered to review the Department's decision with respect | 19 | | to the loss of
30 days of sentence credit for any prisoner | 20 | | or to increase any penalty
beyond the length requested by | 21 | | the Department;
| 22 | | (5) hear by at least one member and through a panel of | 23 | | at least 3
members decide, the
release dates for certain | 24 | | prisoners sentenced under the law in existence
prior to the | 25 | | effective date of this amendatory Act of 1977, in
| 26 | | accordance with Section 3-3-2.1 of this Code;
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| 1 | | (6) hear by at least one member and through a panel of | 2 | | at least 3 members
decide, all requests for pardon, | 3 | | reprieve or commutation, and make confidential
| 4 | | recommendations to the Governor;
| 5 | | (7) comply with the requirements of the Open Parole | 6 | | Hearings Act;
| 7 | | (8) hear by at least one member and, through a panel of | 8 | | at least 3
members, decide cases brought by the Department | 9 | | of Corrections against a
prisoner in the custody of the | 10 | | Department for court dismissal of a frivolous
lawsuit | 11 | | pursuant to Section 3-6-3(d) of this Code in which the | 12 | | Department seeks
to revoke up to 180 days of sentence | 13 | | credit, and if the prisoner has not
accumulated 180 days of | 14 | | sentence credit at the time of the dismissal, then
all | 15 | | sentence credit accumulated by the prisoner shall be | 16 | | revoked;
| 17 | | (9) hear by at least 3 members, and, through a panel of | 18 | | at least 3
members, decide whether to grant certificates of | 19 | | relief from
disabilities or certificates of good conduct as | 20 | | provided in Article 5.5 of
Chapter V; and | 21 | | (10) upon a petition by a person who has been convicted | 22 | | of a Class 3 or Class 4 felony and who meets the | 23 | | requirements of this paragraph, hear by at least 3 members | 24 | | and, with the unanimous vote of a panel of 3 members, issue | 25 | | a certificate of eligibility for sealing recommending that | 26 | | the court order the sealing of all official
records of the |
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| 1 | | arresting authority, the circuit court clerk, and the | 2 | | Department of State Police concerning the arrest and | 3 | | conviction for the Class 3 or 4 felony. A person may not | 4 | | apply to the Board for a certificate of eligibility for | 5 | | sealing: | 6 | | (A) until 5 years have elapsed since the expiration | 7 | | of his or her sentence; | 8 | | (B) until 5 years have elapsed since any arrests or | 9 | | detentions by a law enforcement officer for an alleged | 10 | | violation of law, other than a petty offense, traffic | 11 | | offense, conservation offense, or local ordinance | 12 | | offense; | 13 | | (C) if convicted of a violation of the Cannabis | 14 | | Control Act, Illinois Controlled Substances Act, the | 15 | | Methamphetamine Control and Community Protection Act, | 16 | | the Methamphetamine Precursor Control Act, or the | 17 | | Methamphetamine Precursor Tracking Act unless the | 18 | | petitioner has completed a drug abuse program for the | 19 | | offense on which sealing is sought and provides proof | 20 | | that he or she has completed the program successfully; | 21 | | (D) if convicted of: | 22 | | (i) a sex offense described in Article 11 or | 23 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 24 | | the Criminal Code of 1961; | 25 | | (ii) aggravated assault; | 26 | | (iii) aggravated battery; |
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| 1 | | (iv) domestic battery; | 2 | | (v) aggravated domestic battery; | 3 | | (vi) violation of an order of protection; | 4 | | (vii) an offense under the Criminal Code of | 5 | | 1961 involving a firearm; | 6 | | (viii) driving while under the influence of | 7 | | alcohol, other drug or drugs, intoxicating | 8 | | compound or compounds or any combination thereof; | 9 | | (ix) aggravated driving while under the | 10 | | influence of alcohol, other drug or drugs, | 11 | | intoxicating compound or compounds or any | 12 | | combination thereof; or | 13 | | (x) any crime defined as a crime of violence | 14 | | under Section 2 of the Crime Victims Compensation | 15 | | Act. | 16 | | If a person has applied to the Board for a certificate of | 17 | | eligibility for sealing and the Board denies the certificate, | 18 | | the person must wait at least 4 years before filing again or | 19 | | filing for pardon from the Governor unless the Chairman of the | 20 | | Prisoner Review Board grants a waiver. | 21 | | The decision to issue or refrain from issuing a certificate | 22 | | of eligibility for sealing shall be at the Board's sole | 23 | | discretion, and shall not give rise to any cause of action | 24 | | against either the Board or its members. | 25 | | The Board may only authorize the sealing of Class 3 and 4 | 26 | | felony convictions of the petitioner from one information or |
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| 1 | | indictment under this paragraph (10). A petitioner may only | 2 | | receive one certificate of eligibility for sealing under this | 3 | | provision for life.
| 4 | | (a-5) The Prisoner Review Board, with the cooperation of | 5 | | and in
coordination with the Department of Corrections and the | 6 | | Department of Central
Management Services, shall implement a | 7 | | pilot project in 3 correctional
institutions providing for the | 8 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 9 | | (a) of this Section through interactive video conferences.
The
| 10 | | project shall be implemented within 6 months after the | 11 | | effective date of this
amendatory Act of 1996. Within 6 months | 12 | | after the implementation of the pilot
project, the Prisoner | 13 | | Review Board, with the cooperation of and in coordination
with | 14 | | the Department of Corrections and the Department of Central | 15 | | Management
Services, shall report to the Governor and the | 16 | | General Assembly regarding the
use, costs, effectiveness, and | 17 | | future viability of interactive video
conferences for Prisoner | 18 | | Review Board hearings.
| 19 | | (b) Upon recommendation of the Department the Board may | 20 | | restore sentence credit previously revoked.
| 21 | | (c) The Board shall cooperate with the Department in | 22 | | promoting an
effective system of parole and mandatory | 23 | | supervised release.
| 24 | | (d) The Board shall promulgate rules for the conduct of its | 25 | | work,
and the Chairman shall file a copy of such rules and any | 26 | | amendments
thereto with the Director and with the Secretary of |
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| 1 | | State.
| 2 | | (e) The Board shall keep records of all of its official | 3 | | actions and
shall make them accessible in accordance with law | 4 | | and the rules of the
Board.
| 5 | | (f) The Board or one who has allegedly violated the | 6 | | conditions of
his parole or mandatory supervised release may | 7 | | require by subpoena the
attendance and testimony of witnesses | 8 | | and the production of documentary
evidence relating to any | 9 | | matter under investigation or hearing. The
Chairman of the | 10 | | Board may sign subpoenas which shall be served by any
agent or | 11 | | public official authorized by the Chairman of the Board, or by
| 12 | | any person lawfully authorized to serve a subpoena under the | 13 | | laws of the
State of Illinois. The attendance of witnesses, and | 14 | | the production of
documentary evidence, may be required from | 15 | | any place in the State to a
hearing location in the State | 16 | | before the Chairman of the Board or his
designated agent or | 17 | | agents or any duly constituted Committee or
Subcommittee of the | 18 | | Board. Witnesses so summoned shall be paid the same
fees and | 19 | | mileage that are paid witnesses in the circuit courts of the
| 20 | | State, and witnesses whose depositions are taken and the | 21 | | persons taking
those depositions are each entitled to the same | 22 | | fees as are paid for
like services in actions in the circuit | 23 | | courts of the State. Fees and
mileage shall be vouchered for | 24 | | payment when the witness is discharged
from further attendance.
| 25 | | In case of disobedience to a subpoena, the Board may | 26 | | petition any
circuit court of the State for an order requiring |
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| 1 | | the attendance and
testimony of witnesses or the production of | 2 | | documentary evidence or
both. A copy of such petition shall be | 3 | | served by personal service or by
registered or certified mail | 4 | | upon the person who has failed to obey the
subpoena, and such | 5 | | person shall be advised in writing that a hearing
upon the | 6 | | petition will be requested in a court room to be designated in
| 7 | | such notice before the judge hearing motions or extraordinary | 8 | | remedies
at a specified time, on a specified date, not less | 9 | | than 10 nor more than
15 days after the deposit of the copy of | 10 | | the written notice and petition
in the U.S. mails addressed to | 11 | | the person at his last known address or
after the personal | 12 | | service of the copy of the notice and petition upon
such | 13 | | person. The court upon the filing of such a petition, may order | 14 | | the
person refusing to obey the subpoena to appear at an | 15 | | investigation or
hearing, or to there produce documentary | 16 | | evidence, if so ordered, or to
give evidence relative to the | 17 | | subject matter of that investigation or
hearing. Any failure to | 18 | | obey such order of the circuit court may be
punished by that | 19 | | court as a contempt of court.
| 20 | | Each member of the Board and any hearing officer designated | 21 | | by the
Board shall have the power to administer oaths and to | 22 | | take the testimony
of persons under oath.
| 23 | | (g) Except under subsection (a) of this Section, a majority | 24 | | of the
members then appointed to the Prisoner Review Board | 25 | | shall constitute a
quorum for the transaction of all business | 26 | | of the Board.
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| 1 | | (h) The Prisoner Review Board shall annually transmit to | 2 | | the
Director a detailed report of its work for the preceding | 3 | | calendar year.
The annual report shall also be transmitted to | 4 | | the Governor for
submission to the Legislature.
| 5 | | (Source: P.A. 96-875, eff. 1-22-10; 97-697, eff. 6-22-12; | 6 | | 97-1120, eff. 1-1-13; revised 9-20-12.)
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