Full Text of HB0531 100th General Assembly
HB0531sam001 100TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 5/25/2017
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| 1 | | AMENDMENT TO HOUSE BILL 531
| 2 | | AMENDMENT NO. ______. Amend House Bill 531 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 3-3-1, 3-3-2, 3-3-9, 5-4.5-20, 5-4.5-25, | 6 | | 5-4.5-30, and 5-8-1 and by adding Section 5-4.5-110 as follows:
| 7 | | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
| 8 | | Sec. 3-3-1. Establishment and appointment of Prisoner | 9 | | Review Board.
| 10 | | (a) There shall be a Prisoner Review Board independent of | 11 | | the Department
which shall be:
| 12 | | (1) the paroling authority for persons sentenced under | 13 | | the
law in effect prior to the effective date of this | 14 | | amendatory
Act of 1977;
| 15 | | (1.2) the paroling authority for persons eligible for | 16 | | parole review under Section 5-4.5-110; |
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| 1 | | (1.5) (blank); | 2 | | (2) the board of review for cases involving the | 3 | | revocation
of sentence credits or a suspension or reduction | 4 | | in the
rate of accumulating the credit;
| 5 | | (3) the board of review and recommendation for the | 6 | | exercise
of executive clemency by the Governor;
| 7 | | (4) the authority for establishing release dates for
| 8 | | certain prisoners sentenced under the law in existence | 9 | | prior
to the effective date of this amendatory Act of 1977, | 10 | | in
accordance with Section 3-3-2.1 of this Code;
| 11 | | (5) the authority for setting conditions for parole and
| 12 | | mandatory supervised release under Section 5-8-1(a) of | 13 | | this
Code, and determining whether a violation of those | 14 | | conditions
warrant revocation of parole or mandatory | 15 | | supervised release
or the imposition of other sanctions; | 16 | | and | 17 | | (6) the authority for determining whether a violation | 18 | | of aftercare release conditions warrant revocation of | 19 | | aftercare release.
| 20 | | (b) The Board shall consist of 15 persons appointed by
the | 21 | | Governor by and with the advice and consent of the Senate.
One | 22 | | member of the Board shall be designated by the Governor
to be | 23 | | Chairman and shall serve as Chairman at the pleasure of
the | 24 | | Governor. The members of the Board shall have had at
least 5 | 25 | | years of actual experience in the fields of penology,
| 26 | | corrections work, law enforcement, sociology, law, education,
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| 1 | | social work, medicine, psychology, other behavioral sciences,
| 2 | | or a combination thereof. At least 6 members so appointed
must | 3 | | have had at least 3 years experience in the field of
juvenile | 4 | | matters. No more than 8 Board members may be members
of the | 5 | | same political party.
| 6 | | Each member of the Board shall serve on a full-time basis
| 7 | | and shall not hold any other salaried public office, whether | 8 | | elective or
appointive, nor any other office or position of | 9 | | profit, nor engage in any
other business, employment, or | 10 | | vocation. The Chairman of the Board shall
receive $35,000 a | 11 | | year, or an amount set by the Compensation Review Board,
| 12 | | whichever is greater, and each other member $30,000, or an | 13 | | amount set by the
Compensation Review Board, whichever is | 14 | | greater.
| 15 | | (c) Notwithstanding any other provision of this Section,
| 16 | | the term of each member of the Board
who was appointed by the | 17 | | Governor and is in office on June 30, 2003 shall
terminate at | 18 | | the close of business on that date or when all of the successor
| 19 | | members to be appointed pursuant to this amendatory Act of the | 20 | | 93rd General
Assembly have been appointed by the Governor, | 21 | | whichever occurs later. As soon
as possible, the Governor shall | 22 | | appoint persons to fill the vacancies created
by this | 23 | | amendatory Act.
| 24 | | Of the initial members appointed under this amendatory Act | 25 | | of the 93rd
General Assembly, the Governor shall appoint 5 | 26 | | members whose terms shall expire
on the third Monday
in January |
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| 1 | | 2005, 5 members whose terms shall expire on the
third Monday in | 2 | | January 2007, and 5 members whose terms
shall expire on the | 3 | | third Monday in January 2009. Their respective successors
shall | 4 | | be appointed for terms of 6 years from the third Monday
in | 5 | | January of the year of appointment. Each member shall
serve | 6 | | until his or her successor is appointed and qualified.
| 7 | | Any member may be removed by the Governor for incompetence, | 8 | | neglect of duty,
malfeasance or inability to serve.
| 9 | | (d) The Chairman of the Board shall be its chief executive | 10 | | and
administrative officer. The Board may have an Executive | 11 | | Director; if so,
the Executive Director shall be appointed by | 12 | | the Governor with the advice and
consent of the Senate. The | 13 | | salary and duties of the Executive Director shall
be fixed by | 14 | | the Board.
| 15 | | (Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17 .)
| 16 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 17 | | Sec. 3-3-2. Powers and duties.
| 18 | | (a) The Parole and Pardon Board is abolished and the term | 19 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 20 | | read "Prisoner Review
Board." After the effective date of this | 21 | | amendatory Act of 1977, the
Prisoner Review Board shall provide | 22 | | by rule for the orderly transition of
all files, records, and | 23 | | documents of the Parole and Pardon Board and for
such other | 24 | | steps as may be necessary to effect an orderly transition and | 25 | | 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 whether to revoke aftercare | 13 | | release for those committed to the Department of Juvenile | 14 | | Justice under the Juvenile Court Act of 1987; | 15 | | (4) 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 alleged violation of Department rules
with | 19 | | respect to sentence credits under Section 3-6-3 of this | 20 | | Code
in which the Department seeks to revoke sentence | 21 | | credits, if the amount
of time at issue exceeds 30 days or | 22 | | when, during any 12 month period, the
cumulative amount of | 23 | | credit revoked exceeds 30 days except where the
infraction | 24 | | is committed or discovered within 60 days of scheduled | 25 | | release.
In such cases, the Department of Corrections may | 26 | | revoke up to 30 days of
sentence credit. The Board may |
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| 1 | | subsequently approve the revocation of
additional sentence | 2 | | credit, if the Department seeks to revoke sentence credit | 3 | | in excess of thirty days. However, the Board shall not be
| 4 | | empowered to review the Department's decision with respect | 5 | | to the loss of
30 days of sentence credit for any prisoner | 6 | | or to increase any penalty
beyond the length requested by | 7 | | the Department;
| 8 | | (5) hear by at least one member and through a panel of | 9 | | at least 3
members decide, the
release dates for certain | 10 | | prisoners sentenced under the law in existence
prior to the | 11 | | effective date of this amendatory Act of 1977, in
| 12 | | accordance with Section 3-3-2.1 of this Code;
| 13 | | (6) hear by at least one member and through a panel of | 14 | | at least 3 members
decide, all requests for pardon, | 15 | | reprieve or commutation, and make confidential
| 16 | | recommendations to the Governor;
| 17 | | (6.5) hear, by at least one member who is qualified in | 18 | | the field of juvenile matters and through a panel of at | 19 | | least 3 members, 2 of whom are qualified in the field of | 20 | | juvenile matters, decide parole review cases in accordance | 21 | | with Section 5-4.5-110 of this Code and make release | 22 | | determinations of persons under the age of 21 at the time | 23 | | of the commission of an offense or offenses, other than | 24 | | those persons serving sentences for first degree murder or | 25 | | aggravated criminal sexual assault; | 26 | | (6.6) hear by at least a quorum of
the Prisoner Review |
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| 1 | | Board and decide by a majority of members present at the | 2 | | hearing, in accordance with Section 5-4.5-110 of this
Code, | 3 | | release determinations of persons under the age of 21 at | 4 | | the
time of the commission of an offense or offenses of | 5 | | those persons serving
sentences for first degree murder or | 6 | | aggravated criminal sexual assault; | 7 | | (7) comply with the requirements of the Open Parole | 8 | | Hearings Act;
| 9 | | (8) hear by at least one member and, through a panel of | 10 | | at least 3
members, decide cases brought by the Department | 11 | | of Corrections against a
prisoner in the custody of the | 12 | | Department for court dismissal of a frivolous
lawsuit | 13 | | pursuant to Section 3-6-3(d) of this Code in which the | 14 | | Department seeks
to revoke up to 180 days of sentence | 15 | | credit, and if the prisoner has not
accumulated 180 days of | 16 | | sentence credit at the time of the dismissal, then
all | 17 | | sentence credit accumulated by the prisoner shall be | 18 | | revoked;
| 19 | | (9) hear by at least 3 members, and, through a panel of | 20 | | at least 3
members, decide whether to grant certificates of | 21 | | relief from
disabilities or certificates of good conduct as | 22 | | provided in Article 5.5 of
Chapter V; | 23 | | (10) upon a petition by a person who has been convicted | 24 | | of a Class 3 or Class 4 felony and who meets the | 25 | | requirements of this paragraph, hear by at least 3 members | 26 | | and, with the unanimous vote of a panel of 3 members, issue |
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| 1 | | a certificate of eligibility for sealing recommending that | 2 | | the court order the sealing of all official
records of the | 3 | | arresting authority, the circuit court clerk, and the | 4 | | Department of State Police concerning the arrest and | 5 | | conviction for the Class 3 or 4 felony. A person may not | 6 | | apply to the Board for a certificate of eligibility for | 7 | | sealing: | 8 | | (A) until 5 years have elapsed since the expiration | 9 | | of his or her sentence; | 10 | | (B) until 5 years have elapsed since any arrests or | 11 | | detentions by a law enforcement officer for an alleged | 12 | | violation of law, other than a petty offense, traffic | 13 | | offense, conservation offense, or local ordinance | 14 | | offense; | 15 | | (C) if convicted of a violation of the Cannabis | 16 | | Control Act, Illinois Controlled Substances Act, the | 17 | | Methamphetamine Control and Community Protection Act, | 18 | | the Methamphetamine Precursor Control Act, or the | 19 | | Methamphetamine Precursor Tracking Act unless the | 20 | | petitioner has completed a drug abuse program for the | 21 | | offense on which sealing is sought and provides proof | 22 | | that he or she has completed the program successfully; | 23 | | (D) if convicted of: | 24 | | (i) a sex offense described in Article 11 or | 25 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 26 | | the Criminal Code of 1961 or the Criminal Code of |
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| 1 | | 2012; | 2 | | (ii) aggravated assault; | 3 | | (iii) aggravated battery; | 4 | | (iv) domestic battery; | 5 | | (v) aggravated domestic battery; | 6 | | (vi) violation of an order of protection; | 7 | | (vii) an offense under the Criminal Code of | 8 | | 1961 or the Criminal Code of 2012 involving a | 9 | | firearm; | 10 | | (viii) driving while under the influence of | 11 | | alcohol, other drug or drugs, intoxicating | 12 | | compound or compounds or any combination thereof; | 13 | | (ix) aggravated driving while under the | 14 | | influence of alcohol, other drug or drugs, | 15 | | intoxicating compound or compounds or any | 16 | | combination thereof; or | 17 | | (x) any crime defined as a crime of violence | 18 | | under Section 2 of the Crime Victims Compensation | 19 | | Act. | 20 | | If a person has applied to the Board for a certificate | 21 | | of eligibility for sealing and the Board denies the | 22 | | certificate, the person must wait at least 4 years before | 23 | | filing again or filing for pardon from the Governor unless | 24 | | the Chairman of the Prisoner Review Board grants a waiver. | 25 | | The decision to issue or refrain from issuing a | 26 | | certificate of eligibility for sealing shall be at the |
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| 1 | | Board's sole discretion, and shall not give rise to any | 2 | | cause of action against either the Board or its members. | 3 | | The Board may only authorize the sealing of Class 3 and | 4 | | 4 felony convictions of the petitioner from one information | 5 | | or indictment under this paragraph (10). A petitioner may | 6 | | only receive one certificate of eligibility for sealing | 7 | | under this provision for life; and
| 8 | | (11) upon a petition by a person who after having been | 9 | | convicted of a Class 3 or Class 4 felony thereafter served | 10 | | in the United States Armed Forces or National Guard of this | 11 | | or any other state and had received an honorable discharge | 12 | | from the United States Armed Forces or National Guard or | 13 | | who at the time of filing the petition is enlisted in the | 14 | | United States Armed Forces or National Guard of this or any | 15 | | other state and served one tour of duty and who meets the | 16 | | requirements of this paragraph, hear by at least 3 members | 17 | | and, with the unanimous vote of a panel of 3 members, issue | 18 | | a certificate of eligibility for expungement recommending | 19 | | that the court order the expungement of all official
| 20 | | records of the arresting authority, the circuit court | 21 | | clerk, and the Department of State Police concerning the | 22 | | arrest and conviction for the Class 3 or 4 felony. A person | 23 | | may not apply to the Board for a certificate of eligibility | 24 | | for expungement: | 25 | | (A) if convicted of: | 26 | | (i) a sex offense described in Article 11 or |
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| 1 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 2 | | the Criminal Code of 1961 or Criminal Code of 2012; | 3 | | (ii) an offense under the Criminal Code of 1961 | 4 | | or Criminal Code of 2012 involving a firearm; or | 5 | | (iii) a crime of violence as defined in Section | 6 | | 2 of the Crime Victims Compensation Act; or | 7 | | (B) if the person has not served in the United | 8 | | States Armed Forces or National Guard of this or any | 9 | | other state or has not received an honorable discharge | 10 | | from the United States Armed Forces or National Guard | 11 | | of this or any other state or who at the time of the | 12 | | filing of the petition is serving in the United States | 13 | | Armed Forces or National Guard of this or any other | 14 | | state and has not completed one tour of duty. | 15 | | If a person has applied to the Board for a certificate | 16 | | of eligibility for expungement and the Board denies the | 17 | | certificate, the person must wait at least 4 years before | 18 | | filing again or filing for a pardon with authorization for | 19 | | expungement from the Governor unless the Governor or | 20 | | Chairman of the Prisoner Review Board grants a waiver. | 21 | | (a-5) The Prisoner Review Board, with the cooperation of | 22 | | and in
coordination with the Department of Corrections and the | 23 | | Department of Central
Management Services, shall implement a | 24 | | pilot project in 3 correctional
institutions providing for the | 25 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 26 | | (a) of this Section through interactive video conferences.
The
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| 1 | | project shall be implemented within 6 months after the | 2 | | effective date of this
amendatory Act of 1996. Within 6 months | 3 | | after the implementation of the pilot
project, the Prisoner | 4 | | Review Board, with the cooperation of and in coordination
with | 5 | | the Department of Corrections and the Department of Central | 6 | | Management
Services, shall report to the Governor and the | 7 | | General Assembly regarding the
use, costs, effectiveness, and | 8 | | future viability of interactive video
conferences for Prisoner | 9 | | Review Board hearings.
| 10 | | (b) Upon recommendation of the Department the Board may | 11 | | restore sentence credit previously revoked.
| 12 | | (c) The Board shall cooperate with the Department in | 13 | | promoting an
effective system of parole and mandatory | 14 | | supervised release.
| 15 | | (d) The Board shall promulgate rules for the conduct of its | 16 | | work,
and the Chairman shall file a copy of such rules and any | 17 | | amendments
thereto with the Director and with the Secretary of | 18 | | State.
| 19 | | (e) The Board shall keep records of all of its official | 20 | | actions and
shall make them accessible in accordance with law | 21 | | and the rules of the
Board.
| 22 | | (f) The Board or one who has allegedly violated the | 23 | | conditions of
his or her parole, aftercare release, or | 24 | | mandatory supervised release may require by subpoena the
| 25 | | attendance and testimony of witnesses and the production of | 26 | | documentary
evidence relating to any matter under |
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| 1 | | investigation or hearing. The
Chairman of the Board may sign | 2 | | subpoenas which shall be served by any
agent or public official | 3 | | authorized by the Chairman of the Board, or by
any person | 4 | | lawfully authorized to serve a subpoena under the laws of the
| 5 | | State of Illinois. The attendance of witnesses, and the | 6 | | production of
documentary evidence, may be required from any | 7 | | place in the State to a
hearing location in the State before | 8 | | the Chairman of the Board or his or her
designated agent or | 9 | | agents or any duly constituted Committee or
Subcommittee of the | 10 | | Board. Witnesses so summoned shall be paid the same
fees and | 11 | | mileage that are paid witnesses in the circuit courts of the
| 12 | | State, and witnesses whose depositions are taken and the | 13 | | persons taking
those depositions are each entitled to the same | 14 | | fees as are paid for
like services in actions in the circuit | 15 | | courts of the State. Fees and
mileage shall be vouchered for | 16 | | payment when the witness is discharged
from further attendance.
| 17 | | In case of disobedience to a subpoena, the Board may | 18 | | petition any
circuit court of the State for an order requiring | 19 | | the attendance and
testimony of witnesses or the production of | 20 | | documentary evidence or
both. A copy of such petition shall be | 21 | | served by personal service or by
registered or certified mail | 22 | | upon the person who has failed to obey the
subpoena, and such | 23 | | person shall be advised in writing that a hearing
upon the | 24 | | petition will be requested in a court room to be designated in
| 25 | | such notice before the judge hearing motions or extraordinary | 26 | | remedies
at a specified time, on a specified date, not less |
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| 1 | | than 10 nor more than
15 days after the deposit of the copy of | 2 | | the written notice and petition
in the U.S. mails addressed to | 3 | | the person at his last known address or
after the personal | 4 | | service of the copy of the notice and petition upon
such | 5 | | person. The court upon the filing of such a petition, may order | 6 | | the
person refusing to obey the subpoena to appear at an | 7 | | investigation or
hearing, or to there produce documentary | 8 | | evidence, if so ordered, or to
give evidence relative to the | 9 | | subject matter of that investigation or
hearing. Any failure to | 10 | | obey such order of the circuit court may be
punished by that | 11 | | court as a contempt of court.
| 12 | | Each member of the Board and any hearing officer designated | 13 | | by the
Board shall have the power to administer oaths and to | 14 | | take the testimony
of persons under oath.
| 15 | | (g) Except under subsection (a) of this Section, a majority | 16 | | of the
members then appointed to the Prisoner Review Board | 17 | | shall constitute a
quorum for the transaction of all business | 18 | | of the Board.
| 19 | | (h) The Prisoner Review Board shall annually transmit to | 20 | | the
Director a detailed report of its work for the preceding | 21 | | calendar year.
The annual report shall also be transmitted to | 22 | | the Governor for
submission to the Legislature.
| 23 | | (Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14; | 24 | | 98-756, eff. 7-16-14; 99-628, eff. 1-1-17 .)
| 25 | | (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
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| 1 | | Sec. 3-3-9. Violations; changes of conditions; preliminary
| 2 | | hearing; revocation of parole or mandatory supervised release;
| 3 | | revocation hearing. | 4 | | (a) If prior to expiration or termination of the term of
| 5 | | parole or mandatory supervised release, a person violates a
| 6 | | condition set by the Prisoner Review Board or a condition of | 7 | | parole or
mandatory supervised release under Section 3-3-7 of | 8 | | this Code to govern that
term,
the Board may:
| 9 | | (1) continue the existing term, with or without | 10 | | modifying or
enlarging the conditions; or
| 11 | | (1.5) for those released as a result of youthful | 12 | | offender parole as set forth in Section 5-4.5-110 of this | 13 | | Code, order that the inmate be subsequently rereleased to | 14 | | serve a specified mandatory supervised release term not to | 15 | | exceed the full term permitted under the provisions of | 16 | | 5-4.5-110 and subsection (d) of Section 5-8-1 of this Code | 17 | | and may modify or enlarge the conditions of the release as | 18 | | the Board deems proper; or | 19 | | (2) parole or release the person to a half-way house; | 20 | | or
| 21 | | (3) revoke the parole or mandatory supervised release | 22 | | and
reconfine the person for a term computed in the | 23 | | following
manner:
| 24 | | (i) (A) For those sentenced under the law in effect | 25 | | prior to
this amendatory Act of 1977, the recommitment | 26 | | shall be for any
portion of the imposed maximum term of |
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| 1 | | imprisonment or confinement
which had not been served | 2 | | at the time of parole and the parole
term, less the | 3 | | time elapsed between the parole of the person and
the | 4 | | commission of the violation for which parole was | 5 | | revoked;
| 6 | | (B) Except as set forth in paragraphs paragraph (C) | 7 | | and (D) , for
those subject to mandatory supervised | 8 | | release under
paragraph (d) of Section 5-8-1 of this | 9 | | Code, the recommitment
shall be for the total mandatory | 10 | | supervised release term, less
the time elapsed between | 11 | | the release of the person and the
commission of the | 12 | | violation for which mandatory supervised
release is | 13 | | revoked. The Board may also order that a prisoner
serve | 14 | | up to one year of the sentence imposed by the court | 15 | | which
was not served due to the accumulation of | 16 | | sentence credit;
| 17 | | (C) For those subject to sex offender supervision | 18 | | under clause (d)(4) of Section 5-8-1 of this Code, the | 19 | | reconfinement period for violations of clauses (a)(3) | 20 | | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | 21 | | years from the date of reconfinement;
| 22 | | (D) For those released as a result of youthful | 23 | | offender parole as set forth in Section 5-4.5-110 of | 24 | | this Code, the reconfinement period shall be for the | 25 | | total mandatory supervised release term, less the time | 26 | | elapsed between the release of the person and the |
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| 1 | | commission of the violation for which mandatory | 2 | | supervised release is revoked. The Board may also order | 3 | | that a prisoner serve up to one year of the mandatory | 4 | | supervised release term previously earned. The Board | 5 | | may also order that the inmate be subsequently | 6 | | rereleased to serve a specified mandatory supervised | 7 | | release term not to exceed the full term permitted | 8 | | under the provisions of 5-4.5-110 and subsection (d) of | 9 | | Section 5-8-1 of this Code and may modify or enlarge | 10 | | the conditions of the release as the Board deems | 11 | | proper; | 12 | |
(ii) the person shall be given credit against the | 13 | | term of
reimprisonment or reconfinement for time spent | 14 | | in custody
since he or she was paroled or released | 15 | | which has not been credited
against another sentence or | 16 | | period of confinement;
| 17 | |
(iii) (blank);
| 18 | |
(iv) this Section is subject to the release under
| 19 | | supervision and the reparole and rerelease provisions | 20 | | of Section
3-3-10.
| 21 | | (b) The Board may revoke parole or mandatory supervised
| 22 | | release for violation of a condition for the duration of the
| 23 | | term and for any further period which is reasonably necessary
| 24 | | for the adjudication of matters arising before its expiration.
| 25 | | The issuance of a warrant of arrest for an alleged violation
of | 26 | | the conditions of parole or mandatory supervised release
shall |
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| 1 | | toll the running of the term until the final determination of | 2 | | the
charge. When
parole or mandatory supervised release is not | 3 | | revoked
that period shall be credited to the term, unless a | 4 | | community-based sanction is imposed as an alternative to | 5 | | revocation and reincarceration, including a diversion | 6 | | established by the Illinois Department of Corrections Parole | 7 | | Services Unit prior to the holding of a preliminary parole | 8 | | revocation hearing. Parolees who are diverted to a | 9 | | community-based sanction shall serve the entire term of parole | 10 | | or mandatory supervised release, if otherwise appropriate.
| 11 | | (b-5) The Board shall revoke parole or mandatory supervised | 12 | | release for violation of the conditions prescribed in paragraph | 13 | | (7.6) of subsection (a) of Section 3-3-7. | 14 | | (c) A person charged with violating a condition of parole | 15 | | or
mandatory supervised release shall have a preliminary | 16 | | hearing
before a hearing officer designated by the Board to | 17 | | determine
if there is cause to hold the person for a revocation | 18 | | hearing.
However, no preliminary hearing need be held when | 19 | | revocation is based
upon new criminal charges and a court finds | 20 | | probable cause on the new
criminal charges or when the | 21 | | revocation
is based upon a new criminal conviction and a | 22 | | certified copy of
that conviction is available.
| 23 | | (d) Parole or mandatory supervised release shall not be
| 24 | | revoked without written notice to the offender setting forth
| 25 | | the violation of parole or mandatory supervised release charged
| 26 | | against him or her.
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| 1 | | (e) A hearing on revocation shall be conducted before at
| 2 | | least one member of the Prisoner Review Board. The Board may
| 3 | | meet and order its actions in panels of 3 or more members.
The | 4 | | action of a majority of the panel shall be the action of
the | 5 | | Board. A record
of the hearing shall be made. At the hearing | 6 | | the offender shall
be permitted to:
| 7 | | (1) appear and answer the charge; and
| 8 | | (2) bring witnesses on his or her behalf.
| 9 | | (f) The Board shall either revoke parole or mandatory
| 10 | | supervised release or order the person's term continued with
or | 11 | | without modification or enlargement of the conditions.
| 12 | | (g) Parole or mandatory supervised release shall not be
| 13 | | revoked for failure to make payments under the conditions of
| 14 | | parole or release unless the Board determines that such failure | 15 | | is
due to the offender's willful refusal to pay.
| 16 | | (Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14; | 17 | | 99-628, eff. 1-1-17 .)
| 18 | | (730 ILCS 5/5-4.5-20) | 19 | | Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first | 20 | | degree murder: | 21 | | (a) TERM. The defendant shall be sentenced to imprisonment | 22 | | or, if appropriate, death under Section 9-1 of the Criminal | 23 | | Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1). | 24 | | Imprisonment shall be for a determinate term , subject to | 25 | | Section 5-4.5-110 of this Code, of (1) not less than 20 years |
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| 1 | | and not more than 60 years; (2) not less than 60 years and not | 2 | | more than 100 years when an extended term is imposed under | 3 | | Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as | 4 | | provided in Section 5-8-1 (730 ILCS 5/5-8-1).
| 5 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 6 | | shall not be imposed.
| 7 | | (c) IMPACT INCARCERATION. The impact incarceration program | 8 | | or the county impact incarceration program is not an authorized | 9 | | disposition.
| 10 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 11 | | probation or conditional discharge shall not be imposed.
| 12 | | (e) FINE. Fines may be imposed as provided in Section | 13 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 14 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 15 | | concerning restitution.
| 16 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 17 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 18 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 19 | | (h) DRUG COURT. Drug court is not an authorized | 20 | | disposition.
| 21 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 22 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 23 | | detention prior to judgment.
| 24 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 25 | | for rules and regulations for sentence credit.
| 26 | | (k) ELECTRONIC HOME DETENTION. Electronic home detention |
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| 1 | | is not an authorized disposition, except in limited | 2 | | circumstances as provided in Section 5-8A-3 (730 ILCS | 3 | | 5/5-8A-3).
| 4 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 5 | | provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or | 6 | | mandatory supervised release term shall be 3 years upon release | 7 | | from imprisonment.
| 8 | | (Source: P.A. 97-697, eff. 6-22-12; 97-1150, eff. 1-25-13.) | 9 | | (730 ILCS 5/5-4.5-25) | 10 | | Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X | 11 | | felony: | 12 | | (a) TERM. The sentence of imprisonment shall be a | 13 | | determinate sentence , subject to Section 5-4.5-110 of this | 14 | | Code, of not less than 6 years and not more than 30 years. The | 15 | | sentence of imprisonment for an extended term Class X felony, | 16 | | as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to | 17 | | Section 5-4.5-110 of this Code, shall be not less than 30 years | 18 | | and not more than 60 years.
| 19 | | (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment | 20 | | shall not be imposed.
| 21 | | (c) IMPACT INCARCERATION. The impact incarceration program | 22 | | or the county impact incarceration program is not an authorized | 23 | | disposition.
| 24 | | (d) PROBATION; CONDITIONAL DISCHARGE. A period of | 25 | | probation or conditional discharge shall not be imposed.
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| 1 | | (e) FINE. Fines may be imposed as provided in Section | 2 | | 5-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
| 3 | | (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6) | 4 | | concerning restitution.
| 5 | | (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall | 6 | | be concurrent or consecutive as provided in Section 5-8-4 (730 | 7 | | ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
| 8 | | (h) DRUG COURT. See Section 20 of the Drug Court Treatment | 9 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 10 | | program.
| 11 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 12 | | ILCS 5/5-4.5-100) concerning no credit for time spent in home | 13 | | detention prior to judgment.
| 14 | | (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3) | 15 | | for rules and regulations for sentence credit.
| 16 | | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | 17 | | 5/5-8A-3) concerning eligibility for electronic home | 18 | | detention.
| 19 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 20 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 21 | | 5/5-8-1), the parole or mandatory supervised release term shall | 22 | | be 3 years upon release from imprisonment.
| 23 | | (Source: P.A. 97-697, eff. 6-22-12.) | 24 | | (730 ILCS 5/5-4.5-30) | 25 | | Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1 |
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| 1 | | felony: | 2 | | (a) TERM. The sentence of imprisonment, other than for | 3 | | second degree murder, shall be a determinate sentence of not | 4 | | less than 4 years and not more than 15 years , subject to | 5 | | Section 5-4.5-110 of this Code . The sentence of imprisonment | 6 | | for second degree murder shall be a determinate sentence of not | 7 | | less than 4 years and not more than 20 years , subject to | 8 | | Section 5-4.5-110 of this Code . The sentence of imprisonment | 9 | | for an extended term Class 1 felony, as provided in Section | 10 | | 5-8-2 (730 ILCS 5/5-8-2), subject to Section 5-4.5-110 of this | 11 | | Code, shall be a term not less than 15 years and not more than | 12 | | 30 years.
| 13 | | (b) PERIODIC IMPRISONMENT. A sentence of periodic | 14 | | imprisonment shall be for a definite term of from 3 to 4 years, | 15 | | except as otherwise provided in Section 5-5-3 or 5-7-1 (730 | 16 | | ILCS 5/5-5-3 or 5/5-7-1).
| 17 | | (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2 | 18 | | (730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for | 19 | | the impact incarceration program or the county impact | 20 | | incarceration program.
| 21 | | (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided | 22 | | in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the | 23 | | period of probation or conditional discharge shall not exceed 4 | 24 | | years. The court shall specify the conditions of probation or | 25 | | conditional discharge as set forth in Section 5-6-3 (730 ILCS | 26 | | 5/5-6-3). In no case shall an offender be eligible for a |
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| 1 | | disposition of probation or conditional discharge for a Class 1 | 2 | | felony committed while he or she was serving a term of | 3 | | probation or conditional discharge for a felony.
| 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. See Section 20 of the Drug Court Treatment | 12 | | Act (730 ILCS 166/20) concerning eligibility for a drug court | 13 | | program.
| 14 | | (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730 | 15 | | ILCS 5/5-4.5-100) concerning credit for time spent in home | 16 | | detention prior to judgment.
| 17 | | (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730 | 18 | | ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act | 19 | | (730 ILCS 130/) for rules and regulations for sentence credit.
| 20 | | (k) ELECTRONIC HOME DETENTION. See Section 5-8A-3 (730 ILCS | 21 | | 5/5-8A-3) concerning eligibility for electronic home | 22 | | detention.
| 23 | | (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as | 24 | | provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or | 25 | | 5/5-8-1), the parole or mandatory supervised release term shall | 26 | | be 2 years upon release from imprisonment.
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| 1 | | (Source: P.A. 97-697, eff. 6-22-12.) | 2 | | (730 ILCS 5/5-4.5-110 new) | 3 | | Sec. 5-4.5-110. Parole review of persons under the age of | 4 | | 21 at the time of the commission of an offense. | 5 | | (a) For purposes of this Section, "victim" means a victim | 6 | | of a violent crime as defined in subsection (a) of Section 3 of | 7 | | the Rights of Crime Victims and Witnesses Act including a | 8 | | witness as defined in subsection (b) of Section 3 of the Rights | 9 | | of Crime Victims and Witnesses Act; any person legally related | 10 | | to the victim by blood, marriage, adoption, or guardianship; | 11 | | any friend of the victim; or any concerned citizen. | 12 | | (b) A person under 21 years of age at the time of the | 13 | | commission of an offense or offenses, other than first degree | 14 | | murder, and who is not serving a sentence for first degree | 15 | | murder and who is sentenced on or after the effective date of | 16 | | this amendatory Act of the 100th General Assembly shall be | 17 | | eligible for parole review by the Prisoner Review Board after | 18 | | serving 10 years or more of his or her sentence or sentences, | 19 | | except for those serving a sentence or sentences for: (1) | 20 | | aggravated criminal sexual assault who shall be eligible for | 21 | | parole review by the Prisoner Review Board after serving 20 | 22 | | years or more of his or her sentence or sentences or (2) | 23 | | predatory criminal sexual assault of a child who shall not be | 24 | | eligible for parole review by the Prisoner Review Board under | 25 | | this Section. A person under 21 years of age at the time of the |
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| 1 | | commission of first degree murder who is sentenced on or after | 2 | | the effective date of this amendatory Act of the 100th General | 3 | | Assembly shall be eligible for parole review by the Prisoner | 4 | | Review Board after serving
20 years or more of his or her | 5 | | sentence or sentences, except for those subject to a term of | 6 | | natural life imprisonment under Section 5-8-1 of this Code or | 7 | | any person subject to sentencing under subsection (c) of | 8 | | Section 5-4.5-105 of this Code. | 9 | | (c) Three years prior to becoming eligible for parole | 10 | | review, the eligible person may file his or her petition for | 11 | | parole review with the Prisoner Review Board.
The petition | 12 | | shall include a copy of the order of commitment and sentence to | 13 | | the Department of Corrections for the offense or offenses for | 14 | | which review is sought. Within 30 days of receipt of this | 15 | | petition, the Prisoner Review Board shall determine whether the | 16 | | petition is appropriately filed, and if so, shall set a date | 17 | | for parole review 3 years from receipt of the petition and | 18 | | notify the Department of Corrections within 10 business days. | 19 | | If the Prisoner Review Board determines that the petition is | 20 | | not appropriately filed, it shall notify the petitioner in | 21 | | writing, including a basis for its determination. | 22 | | (d) Within 6 months of the Prisoner Review Board's | 23 | | determination that the petition was appropriately filed, a | 24 | | representative from the Department of Corrections shall meet | 25 | | with the eligible person and
provide the inmate information | 26 | | about the parole hearing process and personalized |
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| 1 | | recommendations for the inmate regarding his or her work | 2 | | assignments, rehabilitative programs, and institutional | 3 | | behavior. Following this meeting, the eligible person has 7 | 4 | | calendar days to file a written request to the representative | 5 | | from the Department of Corrections who met with the eligible | 6 | | person of any additional programs and services which the | 7 | | eligible person believes should be made available to prepare | 8 | | the eligible person for return to the community. | 9 | | (e) One year prior to the person being eligible for parole, | 10 | | counsel shall be appointed by the Prisoner Review Board upon a | 11 | | finding of indigency. The eligible person may waive appointed | 12 | | counsel or retain his or her own counsel at his or her own | 13 | | expense. | 14 | | (f) Nine months prior to the hearing, the Prisoner Review | 15 | | Board shall provide the eligible person, and his or her | 16 | | counsel, any written documents or materials it will be | 17 | | considering in making its decision unless the written documents | 18 | | or materials are specifically found to: (1) include information | 19 | | which, if disclosed, would damage the therapeutic relationship | 20 | | between the inmate and a mental health professional; (2) | 21 | | subject any person to the actual risk of physical harm; (3) | 22 | | threaten the safety or security of the Department or an | 23 | | institution. In accordance with Section 35 of the Open Parole | 24 | | Hearings Act, victim impact statements either oral, written, | 25 | | video-taped, tape recorded or made by other electronic means | 26 | | shall not be considered public documents under the provisions |
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| 1 | | of the Freedom of Information Act. The inmate or his or her | 2 | | attorney shall not be given a copy of the statement, but shall | 3 | | be informed of the existence of a victim impact statement and | 4 | | the position taken by the victim on the inmate's request for | 5 | | parole. This shall not be construed to permit disclosure to an | 6 | | inmate of any information which might result in the risk of | 7 | | threats or physical harm to a victim. The Prisoner Review Board | 8 | | shall have an ongoing duty to provide the eligible person, and | 9 | | his or her counsel, with any further documents or materials | 10 | | that come into its possession prior to the hearing subject to | 11 | | the limitations contained in this subsection. | 12 | | (g) Not less than 12 months prior to the hearing, the | 13 | | Prisoner Review Board shall provide notification to the State's | 14 | | Attorney of the county from which the person was committed and | 15 | | written notification to the victim or family of the victim of | 16 | | the scheduled hearing place, date, and approximate time. The | 17 | | written notification shall contain: (1) information about
| 18 | | their right to be present, appear in person at the parole | 19 | | hearing, and their right to
make an oral statement and submit | 20 | | information in writing, by videotape, tape
recording, or other | 21 | | electronic means; (2) a toll-free number to call for further
| 22 | | information about the parole review process; and (3) | 23 | | information regarding
available resources, including | 24 | | trauma-informed therapy, they may access. If the Board does not | 25 | | have knowledge of the current address of the victim or family | 26 | | of the victim, it shall notify the State's Attorney of the |
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| 1 | | county of commitment and request assistance in locating the | 2 | | victim or family of the victim. Those victims or family of the | 3 | | victims who advise the Board in writing that they no longer | 4 | | wish to be notified shall not receive future notices. A victim | 5 | | shall have the right to submit information by videotape, tape | 6 | | recording, or other electronic means. The victim may submit | 7 | | this material prior to or at the parole hearing. The victim | 8 | | also has the right to be heard at the parole hearing. | 9 | | (h) The hearing conducted by the Prisoner Review Board | 10 | | shall be governed by Sections 15 and 20, subsection (f) of | 11 | | Section 5, subsection (a) of Section 10, subsection (d) of | 12 | | Section 25, and subsections (a), (b), and (e) of Section 35 of | 13 | | the Open Parole Hearings Act and Part 1610 of Title 20 of the | 14 | | Illinois Administrative Code. The eligible person has a right | 15 | | to be present at the Prisoner Review Board hearing, unless the | 16 | | Prisoner Review Board determines the eligible person's | 17 | | presence is unduly burdensome when conducting a hearing under | 18 | | paragraph (6.6) of subsection (a) of Section 3-3-2 of this | 19 | | Code. If a psychological evaluation is submitted for the | 20 | | Prisoner Review Board's consideration, it shall be prepared by | 21 | | a person who has expertise in adolescent brain development and | 22 | | behavior, and shall take into consideration the diminished | 23 | | culpability of youthful offenders, the hallmark features of | 24 | | youth, and any subsequent growth and increased maturity of the | 25 | | person. At the hearing, the eligible person shall have the | 26 | | right to make a statement on his or her own behalf. |
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| 1 | | (i) Only upon motion for good cause shall the date for the | 2 | | Prisoner Review Board hearing, as set by subsection (b) of this | 3 | | Section, be changed. No less than 15 days prior to the hearing, | 4 | | the Prisoner Review Board shall notify the victim or victim | 5 | | representative, the attorney, and the eligible person of the | 6 | | exact date and time of the hearing. All hearings shall be open | 7 | | to the public. | 8 | | (j) The Prisoner Review Board shall not parole the eligible | 9 | | person if it determines that: | 10 | | (1) there is a substantial risk that the eligible | 11 | | person will not conform to reasonable conditions of parole | 12 | | or aftercare release; or | 13 | | (2) the eligible person's release at that time would | 14 | | deprecate the seriousness of his or her offense or promote | 15 | | disrespect for the law; or | 16 | | (3) the eligible person's release would have a | 17 | | substantially adverse effect on institutional discipline. | 18 | | In considering the factors affecting the release | 19 | | determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner | 20 | | Review Board panel shall consider the diminished culpability of | 21 | | youthful offenders, the hallmark features of youth, and any | 22 | | subsequent growth and maturity of the youthful offender during | 23 | | incarceration. | 24 | | (k) Unless denied parole under subsection (j) of this | 25 | | Section and subject to the provisions of Section 3-3-9 of this | 26 | | Code: (1) the eligible person serving a sentence for any |
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| 1 | | non-first degree murder offense or offenses, shall be released | 2 | | on parole which shall operate to discharge any remaining term | 3 | | of years sentence imposed upon him or her, notwithstanding any | 4 | | required mandatory supervised release period the eligible | 5 | | person is required to serve; and (2) the eligible person | 6 | | serving a sentence for any first degree murder offense, shall | 7 | | be released on mandatory supervised release for a period of 10 | 8 | | years subject to Section 3-3-8, which shall operate to | 9 | | discharge any remaining term of years sentence imposed upon him | 10 | | or her, however in no event shall the eligible person serve a | 11 | | period of mandatory supervised release greater than the | 12 | | aggregate of the discharged underlying sentence and the | 13 | | mandatory supervised release period as sent forth in Section | 14 | | 5-4.5-20. | 15 | | (l) If the Prisoner Review Board denies parole after | 16 | | conducting the hearing under
subsection (j) of this Section, it | 17 | | shall issue a written decision which states the
rationale for | 18 | | denial, including the primary factors considered. This | 19 | | decision shall
be provided to the eligible person and his or | 20 | | her counsel within 30 days. | 21 | | (m) A person denied parole under subsection (j) of this | 22 | | Section, who is not
serving a sentence for either first degree | 23 | | murder or aggravated criminal sexual
assault, shall be eligible | 24 | | for a second parole review by the Prisoner Review Board
5 years | 25 | | after the written decision under subsection (l) of this | 26 | | Section; a person
denied parole under subsection (j) of this |
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| 1 | | Section, who is serving a sentence or
sentences for first | 2 | | degree murder or aggravated criminal sexual assault shall be
| 3 | | eligible for a second and final parole review by the Prisoner | 4 | | Review Board 10
years after the written decision under | 5 | | subsection (k) of this Section. The
procedures for a second | 6 | | parole review shall be governed by subsections (c)
through (k) | 7 | | of this Section. | 8 | | (n) A person denied parole under subsection (m) of this | 9 | | Section, who is not
serving a sentence for either first degree | 10 | | murder or aggravated criminal sexual
assault, shall be eligible | 11 | | for a third and final parole review by the Prisoner Review
| 12 | | Board 5 years after the written decision under subsection (l) | 13 | | of this Section. The
procedures for the third and final parole | 14 | | review shall be governed by subsections
(c) through (k) of this | 15 | | Section. | 16 | | (o) Notwithstanding anything else to the contrary in this | 17 | | Section, nothing in this Section shall be construed to delay | 18 | | parole or mandatory supervised release consideration for | 19 | | petitioners who are or will be eligible for release earlier | 20 | | than this Section provides. Nothing in this Section shall be | 21 | | construed as a limit, substitution, or bar on a person's right | 22 | | to sentencing relief, or any other manner of relief, obtained | 23 | | by order of a court in proceedings other than as provided in | 24 | | this Section.
| 25 | | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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| 1 | | Sec. 5-8-1. Natural life imprisonment; enhancements for | 2 | | use of a firearm; mandatory supervised release terms.
| 3 | | (a) Except as otherwise provided in the statute defining | 4 | | the offense or in Article 4.5 of Chapter V, a
sentence of | 5 | | imprisonment for a felony shall be a determinate sentence set | 6 | | by
the court under this Section, subject to Section 5-4.5-110 | 7 | | of this Code, according to the following limitations:
| 8 | | (1) for first degree murder,
| 9 | | (a) (blank),
| 10 | | (b) if a trier of fact finds beyond a reasonable
| 11 | | doubt that the murder was accompanied by exceptionally
| 12 | | brutal or heinous behavior indicative of wanton | 13 | | cruelty or, except as set forth
in subsection (a)(1)(c) | 14 | | of this Section, that any of the aggravating factors
| 15 | | listed in subsection (b) or (b-5) of Section 9-1 of the | 16 | | Criminal Code of 1961 or the Criminal Code of 2012 are
| 17 | | present, the court may sentence the defendant, subject | 18 | | to Section 5-4.5-105, to a term of natural life
| 19 | | imprisonment, or
| 20 | | (c) the court shall sentence the defendant to a | 21 | | term of natural life
imprisonment if the defendant, at | 22 | | the time of the commission of the murder, had attained | 23 | | the age of 18, and
| 24 | | (i) has previously been convicted of first | 25 | | degree murder under
any state or federal law, or
| 26 | | (ii) is found guilty of murdering more
than one |
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| 1 | | victim, or
| 2 | | (iii) is found guilty of murdering a peace | 3 | | officer, fireman, or emergency management worker | 4 | | when
the peace officer, fireman, or emergency | 5 | | management worker was killed in the course of | 6 | | performing his
official duties, or to prevent the | 7 | | peace officer or fireman from
performing his | 8 | | official duties, or in retaliation for the peace | 9 | | officer,
fireman, or emergency management worker | 10 | | from performing his official duties, and the | 11 | | defendant knew or should
have known that the | 12 | | murdered individual was a peace officer, fireman, | 13 | | or emergency management worker, or
| 14 | | (iv) is found guilty of murdering an employee | 15 | | of an institution or
facility of the Department of | 16 | | Corrections, or any similar local
correctional | 17 | | agency, when the employee was killed in the course | 18 | | of
performing his official duties, or to prevent | 19 | | the employee from performing
his official duties, | 20 | | or in retaliation for the employee performing his
| 21 | | official duties, or
| 22 | | (v) is found guilty of murdering an emergency | 23 | | medical
technician - ambulance, emergency medical | 24 | | technician - intermediate, emergency
medical | 25 | | technician - paramedic, ambulance driver or other | 26 | | medical assistance or
first aid person while |
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| 1 | | employed by a municipality or other governmental | 2 | | unit
when the person was killed in the course of | 3 | | performing official duties or
to prevent the | 4 | | person from performing official duties or in | 5 | | retaliation
for performing official duties and the | 6 | | defendant knew or should have known
that the | 7 | | murdered individual was an emergency medical | 8 | | technician - ambulance,
emergency medical | 9 | | technician - intermediate, emergency medical
| 10 | | technician - paramedic, ambulance driver, or other | 11 | | medical
assistant or first aid personnel, or
| 12 | | (vi) (blank), or
| 13 | | (vii) is found guilty of first degree murder | 14 | | and the murder was
committed by reason of any | 15 | | person's activity as a community policing | 16 | | volunteer
or to prevent any person from engaging in | 17 | | activity as a community policing
volunteer. For | 18 | | the purpose of this Section, "community policing | 19 | | volunteer"
has the meaning ascribed to it in | 20 | | Section 2-3.5 of the Criminal Code of 2012.
| 21 | | For purposes of clause (v), "emergency medical | 22 | | technician - ambulance",
"emergency medical technician - | 23 | | intermediate", "emergency medical technician -
| 24 | | paramedic", have the meanings ascribed to them in the | 25 | | Emergency Medical
Services (EMS) Systems Act.
| 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 who has attained the age of 18 years
| 16 | | at the time of the commission of the offense and
who is | 17 | | convicted under the circumstances described in subdivision | 18 | | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection | 19 | | (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | 20 | | or paragraph (2) of subsection
(d) of Section 12-14, | 21 | | subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | 22 | | of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | 23 | | Section 11-1.40 or paragraph (2) of subsection (b) of | 24 | | Section 12-14.1
of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012, the sentence shall be a term of | 26 | | natural life
imprisonment.
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| 1 | | (b) (Blank).
| 2 | | (c) (Blank).
| 3 | | (d) Subject to
earlier termination under Section 3-3-8, the | 4 | | parole or mandatory
supervised release term shall be written as | 5 | | part of the sentencing order and shall be as follows:
| 6 | | (1) for first degree murder or a Class X felony except | 7 | | for the offenses of predatory criminal sexual assault of a | 8 | | child, aggravated criminal sexual assault, and criminal | 9 | | sexual assault if committed on or after the effective date | 10 | | of this amendatory Act of the 94th General Assembly and | 11 | | except for the offense of aggravated child pornography | 12 | | under Section 11-20.1B, 11-20.3, or 11-20.1 with | 13 | | sentencing under subsection (c-5) of Section 11-20.1 of the | 14 | | Criminal Code of 1961 or the Criminal Code of 2012, if | 15 | | committed on or after January 1, 2009, 3 years;
| 16 | | (2) for a Class 1 felony or a Class 2 felony except for | 17 | | the offense of criminal sexual assault if committed on or | 18 | | after the effective date of this amendatory Act of the 94th | 19 | | General Assembly and except for the offenses of manufacture | 20 | | and dissemination of child pornography under clauses | 21 | | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 22 | | of 1961 or the Criminal Code of 2012, if committed on or | 23 | | after January 1, 2009, 2 years;
| 24 | | (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 25 | | (4) for defendants who commit the offense of predatory | 26 | | criminal sexual assault of a child, aggravated criminal |
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| 1 | | sexual assault, or criminal sexual assault, on or after the | 2 | | effective date of this amendatory Act of the 94th General | 3 | | Assembly, or who commit the offense of aggravated child | 4 | | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | 5 | | with sentencing under subsection (c-5) of Section 11-20.1 | 6 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 7 | | manufacture of child pornography, or dissemination of | 8 | | child pornography after January 1, 2009, the term of | 9 | | mandatory supervised release shall range from a minimum of | 10 | | 3 years to a maximum of the natural life of the defendant;
| 11 | | (5) if the victim is under 18 years of age, for a | 12 | | second or subsequent
offense of aggravated criminal sexual | 13 | | abuse or felony criminal sexual abuse,
4 years, at least | 14 | | the first 2 years of which the defendant shall serve in an
| 15 | | electronic home detention program under Article 8A of | 16 | | Chapter V of this Code;
| 17 | | (6) for a felony domestic battery, aggravated domestic | 18 | | battery, stalking, aggravated stalking, and a felony | 19 | | violation of an order of protection, 4 years. | 20 | | (e) (Blank).
| 21 | | (f) (Blank).
| 22 | | (Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17 .)".
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