Full Text of HB0917 101st General Assembly
HB0917ham001 101ST GENERAL ASSEMBLY | Rep. Jehan Gordon-Booth Filed: 3/22/2019
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| 1 | | AMENDMENT TO HOUSE BILL 917
| 2 | | AMENDMENT NO. ______. Amend House Bill 917 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. This Act may be referred to as the Kayla Fannon | 5 | | Law. | 6 | | Section 5. The Unified Code of Corrections is amended by | 7 | | changing Sections 3-3-2 and 3-14-2 as follows:
| 8 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 9 | | Sec. 3-3-2. Powers and duties.
| 10 | | (a) The Parole and Pardon Board is abolished and the term | 11 | | "Parole and
Pardon Board" as used in any law of Illinois, shall | 12 | | read "Prisoner Review
Board." After the effective date of this | 13 | | amendatory Act of 1977, the
Prisoner Review Board shall provide | 14 | | by rule for the orderly transition of
all files, records, and | 15 | | documents of the Parole and Pardon Board and for
such other |
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| 1 | | steps as may be necessary to effect an orderly transition and | 2 | | shall:
| 3 | | (1) hear by at least one member and through a panel of | 4 | | at least 3 members
decide, cases of prisoners
who were | 5 | | sentenced under the law in effect prior to the effective
| 6 | | date of this amendatory Act of 1977, and who are eligible | 7 | | for parole;
| 8 | | (2) hear by at least one member and through a panel of | 9 | | at least 3 members decide, the conditions of
parole and the | 10 | | time of discharge from parole, impose sanctions for
| 11 | | violations of parole, and revoke
parole for those sentenced | 12 | | under the law in effect prior to this amendatory
Act of | 13 | | 1977; provided that the decision to parole and the | 14 | | conditions of
parole for all prisoners who were sentenced | 15 | | for first degree murder or who
received a minimum sentence | 16 | | of 20 years or more under the law in effect
prior to | 17 | | February 1, 1978 shall be determined by a majority vote of | 18 | | the
Prisoner Review Board. One representative supporting | 19 | | parole and one representative opposing parole will be | 20 | | allowed to speak. Their comments shall be limited to making | 21 | | corrections and filling in omissions to the Board's | 22 | | presentation and discussion;
| 23 | | (3) hear by at least one member and through a panel of | 24 | | at least 3 members decide, the conditions
of mandatory | 25 | | supervised release and the time of discharge from mandatory
| 26 | | supervised release, impose sanctions for violations of |
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| 1 | | mandatory
supervised release, and revoke mandatory | 2 | | supervised release for those
sentenced under the law in | 3 | | effect after the effective date of this
amendatory Act of | 4 | | 1977;
| 5 | | (3.5) hear by at least one member and through a panel | 6 | | of at least 3 members decide, the conditions of mandatory | 7 | | supervised release and the time of discharge from mandatory | 8 | | supervised release, to impose sanctions for violations of | 9 | | mandatory supervised release and revoke mandatory | 10 | | supervised release for those serving extended supervised | 11 | | release terms pursuant to paragraph (4) of subsection (d) | 12 | | of Section 5-8-1;
| 13 | | (3.6) hear by at least one member and through a panel | 14 | | of at least 3 members decide whether to revoke aftercare | 15 | | release for those committed to the Department of Juvenile | 16 | | Justice under the Juvenile Court Act of 1987; | 17 | | (4) hear by at least one member and through a panel of | 18 | | at least 3
members,
decide cases brought by the Department | 19 | | of Corrections against a prisoner in
the custody of the | 20 | | Department for alleged violation of Department rules
with | 21 | | respect to sentence credits under Section 3-6-3 of this | 22 | | Code
in which the Department seeks to revoke sentence | 23 | | credits, if the amount
of time at issue exceeds 30 days or | 24 | | when, during any 12 month period, the
cumulative amount of | 25 | | credit revoked exceeds 30 days except where the
infraction | 26 | | is committed or discovered within 60 days of scheduled |
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| 1 | | release.
In such cases, the Department of Corrections may | 2 | | revoke up to 30 days of
sentence credit. The Board may | 3 | | subsequently approve the revocation of
additional sentence | 4 | | credit, if the Department seeks to revoke sentence credit | 5 | | in excess of thirty days. However, the Board shall not be
| 6 | | empowered to review the Department's decision with respect | 7 | | to the loss of
30 days of sentence credit for any prisoner | 8 | | or to increase any penalty
beyond the length requested by | 9 | | the Department;
| 10 | | (5) hear by at least one member and through a panel of | 11 | | at least 3
members decide, the
release dates for certain | 12 | | prisoners sentenced under the law in existence
prior to the | 13 | | effective date of this amendatory Act of 1977, in
| 14 | | accordance with Section 3-3-2.1 of this Code;
| 15 | | (6) hear by at least one member and through a panel of | 16 | | at least 3 members
decide, all requests for pardon, | 17 | | reprieve or commutation, and make confidential
| 18 | | recommendations to the Governor;
| 19 | | (7) comply with the requirements of the Open Parole | 20 | | Hearings Act;
| 21 | | (8) hear by at least one member and, through a panel of | 22 | | at least 3
members, decide cases brought by the Department | 23 | | of Corrections against a
prisoner in the custody of the | 24 | | Department for court dismissal of a frivolous
lawsuit | 25 | | pursuant to Section 3-6-3(d) of this Code in which the | 26 | | Department seeks
to revoke up to 180 days of sentence |
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| 1 | | credit, and if the prisoner has not
accumulated 180 days of | 2 | | sentence credit at the time of the dismissal, then
all | 3 | | sentence credit accumulated by the prisoner shall be | 4 | | revoked;
| 5 | | (9) hear by at least 3 members, and, through a panel of | 6 | | at least 3
members, decide whether to grant certificates of | 7 | | relief from
disabilities or certificates of good conduct as | 8 | | provided in Article 5.5 of
Chapter V; | 9 | | (10) upon a petition by a person who has been convicted | 10 | | of a Class 3 or Class 4 felony and who meets the | 11 | | requirements of this paragraph, hear by at least 3 members | 12 | | and, with the unanimous vote of a panel of 3 members, issue | 13 | | a certificate of eligibility for sealing recommending that | 14 | | the court order the sealing of all official
records of the | 15 | | arresting authority, the circuit court clerk, and the | 16 | | Department of State Police concerning the arrest and | 17 | | conviction for the Class 3 or 4 felony. A person may not | 18 | | apply to the Board for a certificate of eligibility for | 19 | | sealing: | 20 | | (A) until 5 years have elapsed since the expiration | 21 | | of his or her sentence; | 22 | | (B) until 5 years have elapsed since any arrests or | 23 | | detentions by a law enforcement officer for an alleged | 24 | | violation of law, other than a petty offense, traffic | 25 | | offense, conservation offense, or local ordinance | 26 | | offense; |
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| 1 | | (C) if convicted of a violation of the Cannabis | 2 | | Control Act, Illinois Controlled Substances Act, the | 3 | | Methamphetamine Control and Community Protection Act, | 4 | | the Methamphetamine Precursor Control Act, or the | 5 | | Methamphetamine Precursor Tracking Act unless the | 6 | | petitioner has completed a drug abuse program for the | 7 | | offense on which sealing is sought and provides proof | 8 | | that he or she has completed the program successfully; | 9 | | (D) if convicted of: | 10 | | (i) a sex offense described in Article 11 or | 11 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 12 | | the Criminal Code of 1961 or the Criminal Code of | 13 | | 2012; | 14 | | (ii) aggravated assault; | 15 | | (iii) aggravated battery; | 16 | | (iv) domestic battery; | 17 | | (v) aggravated domestic battery; | 18 | | (vi) violation of an order of protection; | 19 | | (vii) an offense under the Criminal Code of | 20 | | 1961 or the Criminal Code of 2012 involving a | 21 | | firearm; | 22 | | (viii) driving while under the influence of | 23 | | alcohol, other drug or drugs, intoxicating | 24 | | compound or compounds or any combination thereof; | 25 | | (ix) aggravated driving while under the | 26 | | influence of alcohol, other drug or drugs, |
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| 1 | | intoxicating compound or compounds or any | 2 | | combination thereof; or | 3 | | (x) any crime defined as a crime of violence | 4 | | under Section 2 of the Crime Victims Compensation | 5 | | Act. | 6 | | If a person has applied to the Board for a certificate | 7 | | of eligibility for sealing and the Board denies the | 8 | | certificate, the person must wait at least 4 years before | 9 | | filing again or filing for pardon from the Governor unless | 10 | | the Chairman of the Prisoner Review Board grants a waiver. | 11 | | The decision to issue or refrain from issuing a | 12 | | certificate of eligibility for sealing shall be at the | 13 | | Board's sole discretion, and shall not give rise to any | 14 | | cause of action against either the Board or its members. | 15 | | The Board may only authorize the sealing of Class 3 and | 16 | | 4 felony convictions of the petitioner from one information | 17 | | or indictment under this paragraph (10). A petitioner may | 18 | | only receive one certificate of eligibility for sealing | 19 | | under this provision for life; and
| 20 | | (11) upon a petition by a person who after having been | 21 | | convicted of a Class 3 or Class 4 felony thereafter served | 22 | | in the United States Armed Forces or National Guard of this | 23 | | or any other state and had received an honorable discharge | 24 | | from the United States Armed Forces or National Guard or | 25 | | who at the time of filing the petition is enlisted in the | 26 | | United States Armed Forces or National Guard of this or any |
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| 1 | | other state and served one tour of duty and who meets the | 2 | | requirements of this paragraph, hear by at least 3 members | 3 | | and, with the unanimous vote of a panel of 3 members, issue | 4 | | a certificate of eligibility for expungement recommending | 5 | | that the court order the expungement of all official
| 6 | | records of the arresting authority, the circuit court | 7 | | clerk, and the Department of State Police concerning the | 8 | | arrest and conviction for the Class 3 or 4 felony. A person | 9 | | may not apply to the Board for a certificate of eligibility | 10 | | for expungement: | 11 | | (A) if convicted of: | 12 | | (i) a sex offense described in Article 11 or | 13 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 14 | | the Criminal Code of 1961 or Criminal Code of 2012; | 15 | | (ii) an offense under the Criminal Code of 1961 | 16 | | or Criminal Code of 2012 involving a firearm; or | 17 | | (iii) a crime of violence as defined in Section | 18 | | 2 of the Crime Victims Compensation Act; or | 19 | | (B) if the person has not served in the United | 20 | | States Armed Forces or National Guard of this or any | 21 | | other state or has not received an honorable discharge | 22 | | from the United States Armed Forces or National Guard | 23 | | of this or any other state or who at the time of the | 24 | | filing of the petition is serving in the United States | 25 | | Armed Forces or National Guard of this or any other | 26 | | state and has not completed one tour of duty. |
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| 1 | | If a person has applied to the Board for a certificate | 2 | | of eligibility for expungement and the Board denies the | 3 | | certificate, the person must wait at least 4 years before | 4 | | filing again or filing for a pardon with authorization for | 5 | | expungement from the Governor unless the Governor or | 6 | | Chairman of the Prisoner Review Board grants a waiver. | 7 | | (a-5) The Prisoner Review Board, with the cooperation of | 8 | | and in
coordination with the Department of Corrections and the | 9 | | Department of Central
Management Services, shall implement a | 10 | | pilot project in 3 correctional
institutions providing for the | 11 | | conduct of hearings under paragraphs (1) and
(4)
of subsection | 12 | | (a) of this Section through interactive video conferences.
The
| 13 | | project shall be implemented within 6 months after the | 14 | | effective date of this
amendatory Act of 1996. Within 6 months | 15 | | after the implementation of the pilot
project, the Prisoner | 16 | | Review Board, with the cooperation of and in coordination
with | 17 | | the Department of Corrections and the Department of Central | 18 | | Management
Services, shall report to the Governor and the | 19 | | General Assembly regarding the
use, costs, effectiveness, and | 20 | | future viability of interactive video
conferences for Prisoner | 21 | | Review Board hearings.
| 22 | | (b) Upon recommendation of the Department the Board may | 23 | | restore sentence credit previously revoked.
| 24 | | (c) The Board shall cooperate with the Department in | 25 | | promoting an
effective system of parole and mandatory | 26 | | supervised release. The Board shall inform the Department of |
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| 1 | | any person that is subject to the data entry requirements under | 2 | | Section 3-14-2.
| 3 | | (d) The Board shall promulgate rules for the conduct of its | 4 | | work,
and the Chairman shall file a copy of such rules and any | 5 | | amendments
thereto with the Director and with the Secretary of | 6 | | State.
| 7 | | (e) The Board shall keep records of all of its official | 8 | | actions and
shall make them accessible in accordance with law | 9 | | and the rules of the
Board.
| 10 | | (f) The Board or one who has allegedly violated the | 11 | | conditions of
his or her parole, aftercare release, or | 12 | | mandatory supervised release may require by subpoena the
| 13 | | attendance and testimony of witnesses and the production of | 14 | | documentary
evidence relating to any matter under | 15 | | investigation or hearing. The
Chairman of the Board may sign | 16 | | subpoenas which shall be served by any
agent or public official | 17 | | authorized by the Chairman of the Board, or by
any person | 18 | | lawfully authorized to serve a subpoena under the laws of the
| 19 | | State of Illinois. The attendance of witnesses, and the | 20 | | production of
documentary evidence, may be required from any | 21 | | place in the State to a
hearing location in the State before | 22 | | the Chairman of the Board or his or her
designated agent or | 23 | | agents or any duly constituted Committee or
Subcommittee of the | 24 | | Board. Witnesses so summoned shall be paid the same
fees and | 25 | | mileage that are paid witnesses in the circuit courts of the
| 26 | | State, and witnesses whose depositions are taken and the |
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| 1 | | persons taking
those depositions are each entitled to the same | 2 | | fees as are paid for
like services in actions in the circuit | 3 | | courts of the State. Fees and
mileage shall be vouchered for | 4 | | payment when the witness is discharged
from further attendance.
| 5 | | In case of disobedience to a subpoena, the Board may | 6 | | petition any
circuit court of the State for an order requiring | 7 | | the attendance and
testimony of witnesses or the production of | 8 | | documentary evidence or
both. A copy of such petition shall be | 9 | | served by personal service or by
registered or certified mail | 10 | | upon the person who has failed to obey the
subpoena, and such | 11 | | person shall be advised in writing that a hearing
upon the | 12 | | petition will be requested in a court room to be designated in
| 13 | | such notice before the judge hearing motions or extraordinary | 14 | | remedies
at a specified time, on a specified date, not less | 15 | | than 10 nor more than
15 days after the deposit of the copy of | 16 | | the written notice and petition
in the U.S. mails addressed to | 17 | | the person at his last known address or
after the personal | 18 | | service of the copy of the notice and petition upon
such | 19 | | person. The court upon the filing of such a petition, may order | 20 | | the
person refusing to obey the subpoena to appear at an | 21 | | investigation or
hearing, or to there produce documentary | 22 | | evidence, if so ordered, or to
give evidence relative to the | 23 | | subject matter of that investigation or
hearing. Any failure to | 24 | | obey such order of the circuit court may be
punished by that | 25 | | court as a contempt of court.
| 26 | | Each member of the Board and any hearing officer designated |
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| 1 | | by the
Board shall have the power to administer oaths and to | 2 | | take the testimony
of persons under oath.
| 3 | | (g) Except under subsection (a) of this Section, a majority | 4 | | of the
members then appointed to the Prisoner Review Board | 5 | | shall constitute a
quorum for the transaction of all business | 6 | | of the Board.
| 7 | | (h) The Prisoner Review Board shall annually transmit to | 8 | | the
Director a detailed report of its work for the preceding | 9 | | calendar year.
The annual report shall also be transmitted to | 10 | | the Governor for
submission to the Legislature.
| 11 | | (Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14; | 12 | | 98-756, eff. 7-16-14; 99-628, eff. 1-1-17 .)
| 13 | | (730 ILCS 5/3-14-2) (from Ch. 38, par. 1003-14-2)
| 14 | | Sec. 3-14-2. Supervision on Parole, Mandatory Supervised
| 15 | | Release and Release by Statute.
| 16 | | (a) The Department shall retain custody of all persons | 17 | | placed on
parole or mandatory supervised release or released | 18 | | pursuant to Section
3-3-10 of this Code and shall supervise | 19 | | such persons during
their parole or release period in accord | 20 | | with the conditions set by the
Prisoner Review Board. The | 21 | | Department shall enter into the Law Enforcement Agencies Data | 22 | | System (LEADS) any conditions of parole or mandatory supervised | 23 | | release imposed by the Prisoner Review Board or the Department | 24 | | that relate to a no contact order. Such conditions shall | 25 | | include referral to an
alcohol or drug abuse treatment program, |
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| 1 | | as appropriate, if such person has
previously been identified | 2 | | as having an alcohol or drug abuse problem.
Such conditions may | 3 | | include that the person use an approved electronic
monitoring | 4 | | device subject to Article 8A of Chapter V.
| 5 | | (b) The Department shall assign personnel to assist persons | 6 | | eligible
for parole in preparing a parole plan. Such Department | 7 | | personnel shall
make a report of their efforts and findings to | 8 | | the Prisoner Review
Board prior to its consideration of the | 9 | | case of such eligible person.
| 10 | | (c) A copy of the conditions of his parole or release shall | 11 | | be
signed by the parolee or releasee and given to him and to | 12 | | his
supervising officer who shall report on his progress under | 13 | | the rules and
regulations of the Prisoner Review Board. The | 14 | | supervising officer
shall report violations to the Prisoner | 15 | | Review Board and shall have
the full power of peace officers in | 16 | | the arrest and retaking of any
parolees or releasees or the | 17 | | officer may request the Department to issue
a warrant for the | 18 | | arrest of any parolee or releasee who has allegedly
violated | 19 | | his parole or release conditions. | 20 | | (c-1) The supervising officer shall request the Department | 21 | | to issue a parole violation warrant, and the Department shall | 22 | | issue a parole violation warrant, under the following | 23 | | circumstances: | 24 | | (1) if the parolee or releasee
commits an act that | 25 | | constitutes a felony using a firearm or knife, | 26 | | (2) if applicable, fails to comply with the |
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| 1 | | requirements of the Sex Offender Registration Act, | 2 | | (3) if the parolee or releasee is charged with: | 3 | | (A) a felony offense of domestic battery under | 4 | | Section 12-3.2 of the Criminal Code of 1961 or the | 5 | | Criminal Code of 2012, | 6 | | (B) aggravated domestic battery under Section | 7 | | 12-3.3 of the Criminal Code of 1961 or the Criminal | 8 | | Code of 2012, | 9 | | (C) stalking under Section 12-7.3 of the Criminal | 10 | | Code of 1961 or the Criminal Code of 2012, | 11 | | (D) aggravated stalking under Section 12-7.4 of | 12 | | the Criminal Code of 1961 or the Criminal Code of 2012, | 13 | | (E) violation of an order of protection under | 14 | | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | 15 | | the Criminal Code of 2012, or | 16 | | (F) any offense that would require registration as | 17 | | a sex offender under the Sex Offender Registration Act, | 18 | | or | 19 | | (4) if the parolee or releasee
is on parole or | 20 | | mandatory supervised release for a murder, a Class X felony | 21 | | or a Class 1 felony violation of the Criminal Code of 1961 | 22 | | or the Criminal Code of 2012, or any felony that requires | 23 | | registration as a sex offender under the Sex Offender | 24 | | Registration Act and commits an act that constitutes first | 25 | | degree murder, a Class X felony, a Class 1 felony, a Class | 26 | | 2 felony, or a Class 3 felony. |
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| 1 | | A
sheriff or other peace officer may detain an alleged | 2 | | parole or release
violator until a warrant for his return to | 3 | | the Department can be issued.
The parolee or releasee may be | 4 | | delivered to any secure place until he can
be transported to | 5 | | the Department. The officer or the Department shall file a | 6 | | violation report with notice of charges with the Prisoner | 7 | | Review Board.
| 8 | | (d) The supervising officer shall regularly advise and | 9 | | consult with
the parolee or releasee, assist him in adjusting | 10 | | to community life,
inform him of the restoration of his rights | 11 | | on successful completion of
sentence under Section 5-5-5. If | 12 | | the parolee or releasee has been convicted of a sex offense as | 13 | | defined in the Sex Offender
Management Board Act, the | 14 | | supervising officer shall periodically, but not less than once | 15 | | a month, verify that the parolee or releasee is in compliance | 16 | | with paragraph (7.6) of subsection (a) of Section 3-3-7.
| 17 | | (e) Supervising officers shall receive specialized | 18 | | training in the
special needs of female releasees or parolees | 19 | | including the family
reunification process.
| 20 | | (f) The supervising officer shall keep such records as the
| 21 | | Prisoner Review Board or Department may require. All records | 22 | | shall be
entered in the master file of the individual.
| 23 | | (Source: P.A. 96-282, eff. 1-1-10; 96-1447, eff. 8-20-10; | 24 | | 97-389, eff. 8-15-11; 97-1150, eff. 1-25-13.)
| 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.".
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