HB3584sam001 101ST GENERAL ASSEMBLY

Sen. Scott M. Bennett

Filed: 5/1/2019

 

 


 

 


 
10100HB3584sam001LRB101 08458 RLC 59918 a

1
AMENDMENT TO HOUSE BILL 3584

2    AMENDMENT NO. ______. Amend House Bill 3584 on page 20, by
3replacing line 8 with the following:
4    "(d) Procedures after the imposition of sentence.
5        (1) The Prisoner Review Board shall inform a victim
6    or"; and
 
7on page 22, by replacing lines 4 through 21 with the following:
8    "(4) The victim of the crime for which the prisoner has
9been sentenced has the right to register with the Prisoner
10Review Board's victim registry. Victims registered with the
11Board shall receive reasonable written notice not less than 30
12days prior to the parole hearing or target aftercare release
13date. The victim has the right to submit a victim statement for
14consideration by the Prisoner Review Board or the Department of
15Juvenile Justice in writing, on film, videotape, or other
16electronic means, or in the form of a recording prior to the
17parole hearing or target aftercare release date, or in person

 

 

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1at the parole hearing or aftercare release protest hearing, or
2by calling the toll-free number established in subsection (f)
3of this Section. and may submit, in writing, on film, videotape
4or other electronic means or in the form of a recording prior
5to the parole hearing or target aftercare release date or in
6person at the parole hearing or aftercare release protest
7hearing or if a victim of a violent crime, by calling the
8toll-free number established in subsection (f) of this Section,
9information for consideration by the Prisoner Review Board or
10Department of Juvenile Justice. The victim shall be notified
11within 7 days after the prisoner has been granted parole or
12aftercare release and shall be informed of the right to inspect
13the registry of parole decisions, established under subsection
14(g) of Section 3-3-5 of the Unified Code of Corrections. The
15provisions of this paragraph (4) are subject to the Open Parole
16Hearings Act. Victim statements provided to the Board shall be
17confidential and privileged, including any statements received
18prior to the effective date of this amendatory Act of the 101st
19General Assembly, except if the statement was an oral statement
20made by the victim at a hearing open to the public.
21    (4-1) The crime victim has the right to submit a victim
22statement for consideration by the Prisoner Review Board or the
23Department of Juvenile Justice prior to or at a hearing to
24determine the conditions of mandatory supervised release of a
25person sentenced to a determinate sentence or at a hearing on
26revocation of mandatory supervised release of a person

 

 

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1sentenced to a determinate sentence. A victim statement may be
2submitted in writing, on film, videotape, or other electronic
3means, or in the form of a recording, or orally at a hearing,
4or by calling the toll-free number established in subsection
5(f) of this Section. Victim statements provided to the Board
6shall be confidential and privileged, including any statements
7received prior to the effective date of this amendatory Act of
8the 101st General Assembly, except if the statement was an oral
9statement made by the victim at a hearing open to the public.
10    (4-2) The crime victim has the right to submit a victim
11statement to the Prisoner Review Board for consideration at an
12executive clemency hearing as provided in Section 3-3-13 of the
13Unified Code of Corrections. A victim statement may be
14submitted in writing, on film, videotape, or other electronic
15means, or in the form of a recording prior to a hearing, or
16orally at a hearing, or by calling the toll-free number
17established in subsection (f) of this Section. Victim
18statements provided to the Board shall be confidential and
19privileged, including any statements received prior to the
20effective date of this amendatory Act of the 101st General
21Assembly, except if the statement was an oral statement made by
22the victim at a hearing open to the public."; and
 
23on page 24, by replacing lines 12 through 23 with the
24following:
25    "(f) The Prisoner Review To permit a crime victim of a

 

 

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1violent crime to provide information to the Prisoner Review
2Board or the Department of Juvenile Justice for consideration
3by the Board or Department at a parole hearing or before an
4aftercare release decision of a person who committed the crime
5against the victim in accordance with clause (d)(4) of this
6Section or at a proceeding to determine the conditions of
7mandatory supervised release of a person sentenced to a
8determinate sentence or at a hearing on revocation of mandatory
9supervised release of a person sentenced to a determinate
10sentence, the Board shall establish a toll-free number that may
11be accessed by the crime victim of a violent crime to present a
12victim statement that information to the Board in accordance
13with paragraphs (4), (4-1), and (4-2) of subsection (d)."; and
 
14by replacing line 26 on page 27 through line 7 on page 28 with
15the following:
16    "(b-5) The crime victim has the right to register with the
17Prisoner Review Board's victim registry. The crime victim has
18the right to submit a victim statement to the Board for
19consideration at hearings as provided in Section 4.5. Victim
20statements provided to the Board shall be confidential and
21privileged, including any statements received prior to the
22effective date of this amendatory Act of the 101st General
23Assembly, except if the statement was an oral statement made by
24the victim at a hearing open to the public."; and
 

 

 

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1on page 28, by replacing line 20 with the following:
2"changing Sections 3-3-1, 3-3-2, 3-3-4, 3-3-9, 3-3-13,
35-4.5-20, 5-4.5-25, 5-4.5-30, and 5-8-1 and by renumbering and
4changing Section 5-4.5-10 as added by Public Act 100-1182 as
5follows:
 
6    (730 ILCS 5/3-3-1)  (from Ch. 38, par. 1003-3-1)
7    (Text of Section before amendment by P.A. 100-1182)
8    Sec. 3-3-1. Establishment and appointment of Prisoner
9Review Board.
10    (a) There shall be a Prisoner Review Board independent of
11the 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        (1.5) (blank);
16        (2) the board of review for cases involving the
17    revocation of sentence credits or a suspension or reduction
18    in the rate of accumulating the credit;
19        (3) the board of review and recommendation for the
20    exercise of executive clemency by the Governor;
21        (4) the authority for establishing release dates for
22    certain prisoners sentenced under the law in existence
23    prior to the effective date of this amendatory Act of 1977,
24    in accordance with Section 3-3-2.1 of this Code;
25        (5) the authority for setting conditions for parole and

 

 

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1    mandatory supervised release under Section 5-8-1(a) of
2    this Code, and determining whether a violation of those
3    conditions warrant revocation of parole or mandatory
4    supervised release or the imposition of other sanctions;
5    and
6        (6) the authority for determining whether a violation
7    of aftercare release conditions warrant revocation of
8    aftercare release.
9    (b) The Board shall consist of 15 persons appointed by the
10Governor by and with the advice and consent of the Senate. One
11member of the Board shall be designated by the Governor to be
12Chairman and shall serve as Chairman at the pleasure of the
13Governor. The members of the Board shall have had at least 5
14years of actual experience in the fields of penology,
15corrections work, law enforcement, sociology, law, education,
16social work, medicine, psychology, other behavioral sciences,
17or a combination thereof. At least 6 members so appointed must
18have had at least 3 years experience in the field of juvenile
19matters. No more than 8 Board members may be members of the
20same political party.
21    Each member of the Board shall serve on a full-time basis
22and shall not hold any other salaried public office, whether
23elective or appointive, nor any other office or position of
24profit, nor engage in any other business, employment, or
25vocation. The Chairman of the Board shall receive $35,000 a
26year, or an amount set by the Compensation Review Board,

 

 

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1whichever is greater, and each other member $30,000, or an
2amount set by the Compensation Review Board, whichever is
3greater.
4    (c) Notwithstanding any other provision of this Section,
5the term of each member of the Board who was appointed by the
6Governor and is in office on June 30, 2003 shall terminate at
7the close of business on that date or when all of the successor
8members to be appointed pursuant to this amendatory Act of the
993rd General Assembly have been appointed by the Governor,
10whichever occurs later. As soon as possible, the Governor shall
11appoint persons to fill the vacancies created by this
12amendatory Act.
13    Of the initial members appointed under this amendatory Act
14of the 93rd General Assembly, the Governor shall appoint 5
15members whose terms shall expire on the third Monday in January
162005, 5 members whose terms shall expire on the third Monday in
17January 2007, and 5 members whose terms shall expire on the
18third Monday in January 2009. Their respective successors shall
19be appointed for terms of 6 years from the third Monday in
20January of the year of appointment. Each member shall serve
21until his or her successor is appointed and qualified.
22    Any member may be removed by the Governor for incompetence,
23neglect of duty, malfeasance or inability to serve.
24    (d) The Chairman of the Board shall be its chief executive
25and administrative officer. The Board may have an Executive
26Director; if so, the Executive Director shall be appointed by

 

 

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1the Governor with the advice and consent of the Senate. The
2salary and duties of the Executive Director shall be fixed by
3the Board.
4(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
5    (Text of Section after amendment by P.A. 100-1182)
6    Sec. 3-3-1. Establishment and appointment of Prisoner
7Review Board.
8    (a) There shall be a Prisoner Review Board independent of
9the Department which shall be:
10        (1) the paroling authority for persons sentenced under
11    the law in effect prior to the effective date of this
12    amendatory Act of 1977;
13        (1.2) the paroling authority for persons eligible for
14    parole review under Section 5-4.5-115 5-4.5-110;
15        (1.5) (blank);
16        (2) the board of review for cases involving the
17    revocation of sentence credits or a suspension or reduction
18    in the rate of accumulating the credit;
19        (3) the board of review and recommendation for the
20    exercise of executive clemency by the Governor;
21        (4) the authority for establishing release dates for
22    certain prisoners sentenced under the law in existence
23    prior to the effective date of this amendatory Act of 1977,
24    in accordance with Section 3-3-2.1 of this Code;
25        (5) the authority for setting conditions for parole and

 

 

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1    mandatory supervised release under Section 5-8-1(a) of
2    this Code, and determining whether a violation of those
3    conditions warrant revocation of parole or mandatory
4    supervised release or the imposition of other sanctions;
5    and
6        (6) the authority for determining whether a violation
7    of aftercare release conditions warrant revocation of
8    aftercare release.
9    (b) The Board shall consist of 15 persons appointed by the
10Governor by and with the advice and consent of the Senate. One
11member of the Board shall be designated by the Governor to be
12Chairman and shall serve as Chairman at the pleasure of the
13Governor. The members of the Board shall have had at least 5
14years of actual experience in the fields of penology,
15corrections work, law enforcement, sociology, law, education,
16social work, medicine, psychology, other behavioral sciences,
17or a combination thereof. At least 6 members so appointed must
18have at least 3 years experience in the field of juvenile
19matters. No more than 8 Board members may be members of the
20same political party.
21    Each member of the Board shall serve on a full-time basis
22and shall not hold any other salaried public office, whether
23elective or appointive, nor any other office or position of
24profit, nor engage in any other business, employment, or
25vocation. The Chairman of the Board shall receive $35,000 a
26year, or an amount set by the Compensation Review Board,

 

 

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1whichever is greater, and each other member $30,000, or an
2amount set by the Compensation Review Board, whichever is
3greater.
4    (c) Notwithstanding any other provision of this Section,
5the term of each member of the Board who was appointed by the
6Governor and is in office on June 30, 2003 shall terminate at
7the close of business on that date or when all of the successor
8members to be appointed pursuant to this amendatory Act of the
993rd General Assembly have been appointed by the Governor,
10whichever occurs later. As soon as possible, the Governor shall
11appoint persons to fill the vacancies created by this
12amendatory Act.
13    Of the initial members appointed under this amendatory Act
14of the 93rd General Assembly, the Governor shall appoint 5
15members whose terms shall expire on the third Monday in January
162005, 5 members whose terms shall expire on the third Monday in
17January 2007, and 5 members whose terms shall expire on the
18third Monday in January 2009. Their respective successors shall
19be appointed for terms of 6 years from the third Monday in
20January of the year of appointment. Each member shall serve
21until his or her successor is appointed and qualified.
22    Any member may be removed by the Governor for incompetence,
23neglect of duty, malfeasance or inability to serve.
24    (d) The Chairman of the Board shall be its chief executive
25and administrative officer. The Board may have an Executive
26Director; if so, the Executive Director shall be appointed by

 

 

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1the Governor with the advice and consent of the Senate. The
2salary and duties of the Executive Director shall be fixed by
3the Board.
4(Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19;
5revised 4-3-19.)
 
6    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
7    (Text of Section before amendment by P.A. 100-1182)
8    Sec. 3-3-2. Powers and duties.
9    (a) The Parole and Pardon Board is abolished and the term
10"Parole and Pardon Board" as used in any law of Illinois, shall
11read "Prisoner Review Board." After the effective date of this
12amendatory Act of 1977, the Prisoner Review Board shall provide
13by rule for the orderly transition of all files, records, and
14documents of the Parole and Pardon Board and for such other
15steps as may be necessary to effect an orderly transition and
16shall:
17        (1) hear by at least one member and through a panel of
18    at least 3 members decide, cases of prisoners who were
19    sentenced under the law in effect prior to the effective
20    date of this amendatory Act of 1977, and who are eligible
21    for parole;
22        (2) hear by at least one member and through a panel of
23    at least 3 members decide, the conditions of parole and the
24    time of discharge from parole, impose sanctions for
25    violations of parole, and revoke parole for those sentenced

 

 

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1    under the law in effect prior to this amendatory Act of
2    1977; provided that the decision to parole and the
3    conditions of parole for all prisoners who were sentenced
4    for first degree murder or who received a minimum sentence
5    of 20 years or more under the law in effect prior to
6    February 1, 1978 shall be determined by a majority vote of
7    the Prisoner Review Board. One representative supporting
8    parole and one representative opposing parole will be
9    allowed to speak. Their comments shall be limited to making
10    corrections and filling in omissions to the Board's
11    presentation and discussion;
12        (3) hear by at least one member and through a panel of
13    at least 3 members decide, the conditions of mandatory
14    supervised release and the time of discharge from mandatory
15    supervised release, impose sanctions for violations of
16    mandatory supervised release, and revoke mandatory
17    supervised release for those sentenced under the law in
18    effect after the effective date of this amendatory Act of
19    1977;
20        (3.5) hear by at least one member and through a panel
21    of at least 3 members decide, the conditions of mandatory
22    supervised release and the time of discharge from mandatory
23    supervised release, to impose sanctions for violations of
24    mandatory supervised release and revoke mandatory
25    supervised release for those serving extended supervised
26    release terms pursuant to paragraph (4) of subsection (d)

 

 

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1    of Section 5-8-1;
2        (3.6) hear by at least one member and through a panel
3    of at least 3 members decide whether to revoke aftercare
4    release for those committed to the Department of Juvenile
5    Justice under the Juvenile Court Act of 1987;
6        (4) hear by at least one member and through a panel of
7    at least 3 members, decide cases brought by the Department
8    of Corrections against a prisoner in the custody of the
9    Department for alleged violation of Department rules with
10    respect to sentence credits under Section 3-6-3 of this
11    Code in which the Department seeks to revoke sentence
12    credits, if the amount of time at issue exceeds 30 days or
13    when, during any 12 month period, the cumulative amount of
14    credit revoked exceeds 30 days except where the infraction
15    is committed or discovered within 60 days of scheduled
16    release. In such cases, the Department of Corrections may
17    revoke up to 30 days of sentence credit. The Board may
18    subsequently approve the revocation of additional sentence
19    credit, if the Department seeks to revoke sentence credit
20    in excess of thirty days. However, the Board shall not be
21    empowered to review the Department's decision with respect
22    to the loss of 30 days of sentence credit for any prisoner
23    or to increase any penalty beyond the length requested by
24    the Department;
25        (5) hear by at least one member and through a panel of
26    at least 3 members decide, the release dates for certain

 

 

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1    prisoners sentenced under the law in existence prior to the
2    effective date of this amendatory Act of 1977, in
3    accordance with Section 3-3-2.1 of this Code;
4        (6) hear by at least one member and through a panel of
5    at least 3 members decide, all requests for pardon,
6    reprieve or commutation, and make confidential
7    recommendations to the Governor;
8        (7) comply with the requirements of the Open Parole
9    Hearings Act;
10        (8) hear by at least one member and, through a panel of
11    at least 3 members, decide cases brought by the Department
12    of Corrections against a prisoner in the custody of the
13    Department for court dismissal of a frivolous lawsuit
14    pursuant to Section 3-6-3(d) of this Code in which the
15    Department seeks to revoke up to 180 days of sentence
16    credit, and if the prisoner has not accumulated 180 days of
17    sentence credit at the time of the dismissal, then all
18    sentence credit accumulated by the prisoner shall be
19    revoked;
20        (9) hear by at least 3 members, and, through a panel of
21    at least 3 members, decide whether to grant certificates of
22    relief from disabilities or certificates of good conduct as
23    provided in Article 5.5 of Chapter V;
24        (10) upon a petition by a person who has been convicted
25    of a Class 3 or Class 4 felony and who meets the
26    requirements of this paragraph, hear by at least 3 members

 

 

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1    and, with the unanimous vote of a panel of 3 members, issue
2    a certificate of eligibility for sealing recommending that
3    the court order the sealing of all official records of the
4    arresting authority, the circuit court clerk, and the
5    Department of State Police concerning the arrest and
6    conviction for the Class 3 or 4 felony. A person may not
7    apply to the Board for a certificate of eligibility for
8    sealing:
9            (A) until 5 years have elapsed since the expiration
10        of his or her sentence;
11            (B) until 5 years have elapsed since any arrests or
12        detentions by a law enforcement officer for an alleged
13        violation of law, other than a petty offense, traffic
14        offense, conservation offense, or local ordinance
15        offense;
16            (C) if convicted of a violation of the Cannabis
17        Control Act, Illinois Controlled Substances Act, the
18        Methamphetamine Control and Community Protection Act,
19        the Methamphetamine Precursor Control Act, or the
20        Methamphetamine Precursor Tracking Act unless the
21        petitioner has completed a drug abuse program for the
22        offense on which sealing is sought and provides proof
23        that he or she has completed the program successfully;
24            (D) if convicted of:
25                (i) a sex offense described in Article 11 or
26            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of

 

 

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1            the Criminal Code of 1961 or the Criminal Code of
2            2012;
3                (ii) aggravated assault;
4                (iii) aggravated battery;
5                (iv) domestic battery;
6                (v) aggravated domestic battery;
7                (vi) violation of an order of protection;
8                (vii) an offense under the Criminal Code of
9            1961 or the Criminal Code of 2012 involving a
10            firearm;
11                (viii) driving while under the influence of
12            alcohol, other drug or drugs, intoxicating
13            compound or compounds or any combination thereof;
14                (ix) aggravated driving while under the
15            influence of alcohol, other drug or drugs,
16            intoxicating compound or compounds or any
17            combination thereof; or
18                (x) any crime defined as a crime of violence
19            under Section 2 of the Crime Victims Compensation
20            Act.
21        If a person has applied to the Board for a certificate
22    of eligibility for sealing and the Board denies the
23    certificate, the person must wait at least 4 years before
24    filing again or filing for pardon from the Governor unless
25    the Chairman of the Prisoner Review Board grants a waiver.
26        The decision to issue or refrain from issuing a

 

 

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1    certificate of eligibility for sealing shall be at the
2    Board's sole discretion, and shall not give rise to any
3    cause of action against either the Board or its members.
4        The Board may only authorize the sealing of Class 3 and
5    4 felony convictions of the petitioner from one information
6    or indictment under this paragraph (10). A petitioner may
7    only receive one certificate of eligibility for sealing
8    under this provision for life; and
9        (11) upon a petition by a person who after having been
10    convicted of a Class 3 or Class 4 felony thereafter served
11    in the United States Armed Forces or National Guard of this
12    or any other state and had received an honorable discharge
13    from the United States Armed Forces or National Guard or
14    who at the time of filing the petition is enlisted in the
15    United States Armed Forces or National Guard of this or any
16    other state and served one tour of duty and who meets the
17    requirements of this paragraph, hear by at least 3 members
18    and, with the unanimous vote of a panel of 3 members, issue
19    a certificate of eligibility for expungement recommending
20    that the court order the expungement of all official
21    records of the arresting authority, the circuit court
22    clerk, and the Department of State Police concerning the
23    arrest and conviction for the Class 3 or 4 felony. A person
24    may not apply to the Board for a certificate of eligibility
25    for expungement:
26            (A) if convicted of:

 

 

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1                (i) a sex offense described in Article 11 or
2            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
3            the Criminal Code of 1961 or Criminal Code of 2012;
4                (ii) an offense under the Criminal Code of 1961
5            or Criminal Code of 2012 involving a firearm; or
6                (iii) a crime of violence as defined in Section
7            2 of the Crime Victims Compensation Act; or
8            (B) if the person has not served in the United
9        States Armed Forces or National Guard of this or any
10        other state or has not received an honorable discharge
11        from the United States Armed Forces or National Guard
12        of this or any other state or who at the time of the
13        filing of the petition is serving in the United States
14        Armed Forces or National Guard of this or any other
15        state and has not completed one tour of duty.
16        If a person has applied to the Board for a certificate
17    of eligibility for expungement and the Board denies the
18    certificate, the person must wait at least 4 years before
19    filing again or filing for a pardon with authorization for
20    expungement from the Governor unless the Governor or
21    Chairman of the Prisoner Review Board grants a waiver.
22    (a-5) The Prisoner Review Board, with the cooperation of
23and in coordination with the Department of Corrections and the
24Department of Central Management Services, shall implement a
25pilot project in 3 correctional institutions providing for the
26conduct of hearings under paragraphs (1) and (4) of subsection

 

 

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1(a) of this Section through interactive video conferences. The
2project shall be implemented within 6 months after the
3effective date of this amendatory Act of 1996. Within 6 months
4after the implementation of the pilot project, the Prisoner
5Review Board, with the cooperation of and in coordination with
6the Department of Corrections and the Department of Central
7Management Services, shall report to the Governor and the
8General Assembly regarding the use, costs, effectiveness, and
9future viability of interactive video conferences for Prisoner
10Review Board hearings.
11    (b) Upon recommendation of the Department the Board may
12restore sentence credit previously revoked.
13    (c) The Board shall cooperate with the Department in
14promoting an effective system of parole and mandatory
15supervised release.
16    (d) The Board shall promulgate rules for the conduct of its
17work, and the Chairman shall file a copy of such rules and any
18amendments thereto with the Director and with the Secretary of
19State.
20    (e) The Board shall keep records of all of its official
21actions and shall make them accessible in accordance with law
22and the rules of the Board.
23    (f) The Board or one who has allegedly violated the
24conditions of his or her parole, aftercare release, or
25mandatory supervised release may require by subpoena the
26attendance and testimony of witnesses and the production of

 

 

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1documentary evidence relating to any matter under
2investigation or hearing. The Chairman of the Board may sign
3subpoenas which shall be served by any agent or public official
4authorized by the Chairman of the Board, or by any person
5lawfully authorized to serve a subpoena under the laws of the
6State of Illinois. The attendance of witnesses, and the
7production of documentary evidence, may be required from any
8place in the State to a hearing location in the State before
9the Chairman of the Board or his or her designated agent or
10agents or any duly constituted Committee or Subcommittee of the
11Board. Witnesses so summoned shall be paid the same fees and
12mileage that are paid witnesses in the circuit courts of the
13State, and witnesses whose depositions are taken and the
14persons taking those depositions are each entitled to the same
15fees as are paid for like services in actions in the circuit
16courts of the State. Fees and mileage shall be vouchered for
17payment when the witness is discharged from further attendance.
18    In case of disobedience to a subpoena, the Board may
19petition any circuit court of the State for an order requiring
20the attendance and testimony of witnesses or the production of
21documentary evidence or both. A copy of such petition shall be
22served by personal service or by registered or certified mail
23upon the person who has failed to obey the subpoena, and such
24person shall be advised in writing that a hearing upon the
25petition will be requested in a court room to be designated in
26such notice before the judge hearing motions or extraordinary

 

 

10100HB3584sam001- 21 -LRB101 08458 RLC 59918 a

1remedies at a specified time, on a specified date, not less
2than 10 nor more than 15 days after the deposit of the copy of
3the written notice and petition in the U.S. mails addressed to
4the person at his last known address or after the personal
5service of the copy of the notice and petition upon such
6person. The court upon the filing of such a petition, may order
7the person refusing to obey the subpoena to appear at an
8investigation or hearing, or to there produce documentary
9evidence, if so ordered, or to give evidence relative to the
10subject matter of that investigation or hearing. Any failure to
11obey such order of the circuit court may be punished by that
12court as a contempt of court.
13    Each member of the Board and any hearing officer designated
14by the Board shall have the power to administer oaths and to
15take the testimony of persons under oath.
16    (g) Except under subsection (a) of this Section, a majority
17of the members then appointed to the Prisoner Review Board
18shall constitute a quorum for the transaction of all business
19of the Board.
20    (h) The Prisoner Review Board shall annually transmit to
21the Director a detailed report of its work for the preceding
22calendar year. The annual report shall also be transmitted to
23the Governor for submission to the Legislature.
24(Source: P.A. 98-399, eff. 8-16-13; 98-558, eff. 1-1-14;
2598-756, eff. 7-16-14; 99-628, eff. 1-1-17.)
 

 

 

10100HB3584sam001- 22 -LRB101 08458 RLC 59918 a

1    (Text of Section after amendment by P.A. 100-1182)
2    Sec. 3-3-2. Powers and duties.
3    (a) The Parole and Pardon Board is abolished and the term
4"Parole and Pardon Board" as used in any law of Illinois, shall
5read "Prisoner Review Board." After the effective date of this
6amendatory Act of 1977, the Prisoner Review Board shall provide
7by rule for the orderly transition of all files, records, and
8documents of the Parole and Pardon Board and for such other
9steps as may be necessary to effect an orderly transition and
10shall:
11        (1) hear by at least one member and through a panel of
12    at least 3 members decide, cases of prisoners who were
13    sentenced under the law in effect prior to the effective
14    date of this amendatory Act of 1977, and who are eligible
15    for parole;
16        (2) hear by at least one member and through a panel of
17    at least 3 members decide, the conditions of parole and the
18    time of discharge from parole, impose sanctions for
19    violations of parole, and revoke parole for those sentenced
20    under the law in effect prior to this amendatory Act of
21    1977; provided that the decision to parole and the
22    conditions of parole for all prisoners who were sentenced
23    for first degree murder or who received a minimum sentence
24    of 20 years or more under the law in effect prior to
25    February 1, 1978 shall be determined by a majority vote of
26    the Prisoner Review Board. One representative supporting

 

 

10100HB3584sam001- 23 -LRB101 08458 RLC 59918 a

1    parole and one representative opposing parole will be
2    allowed to speak. Their comments shall be limited to making
3    corrections and filling in omissions to the Board's
4    presentation and discussion;
5        (3) hear by at least one member and through a panel of
6    at least 3 members decide, the conditions of mandatory
7    supervised release and the time of discharge from mandatory
8    supervised release, impose sanctions for violations of
9    mandatory supervised release, and revoke mandatory
10    supervised release for those sentenced under the law in
11    effect after the effective date of this amendatory Act of
12    1977;
13        (3.5) hear by at least one member and through a panel
14    of at least 3 members decide, the conditions of mandatory
15    supervised release and the time of discharge from mandatory
16    supervised release, to impose sanctions for violations of
17    mandatory supervised release and revoke mandatory
18    supervised release for those serving extended supervised
19    release terms pursuant to paragraph (4) of subsection (d)
20    of Section 5-8-1;
21        (3.6) hear by at least one member and through a panel
22    of at least 3 members decide whether to revoke aftercare
23    release for those committed to the Department of Juvenile
24    Justice under the Juvenile Court Act of 1987;
25        (4) hear by at least one member and through a panel of
26    at least 3 members, decide cases brought by the Department

 

 

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1    of Corrections against a prisoner in the custody of the
2    Department for alleged violation of Department rules with
3    respect to sentence credits under Section 3-6-3 of this
4    Code in which the Department seeks to revoke sentence
5    credits, if the amount of time at issue exceeds 30 days or
6    when, during any 12 month period, the cumulative amount of
7    credit revoked exceeds 30 days except where the infraction
8    is committed or discovered within 60 days of scheduled
9    release. In such cases, the Department of Corrections may
10    revoke up to 30 days of sentence credit. The Board may
11    subsequently approve the revocation of additional sentence
12    credit, if the Department seeks to revoke sentence credit
13    in excess of thirty days. However, the Board shall not be
14    empowered to review the Department's decision with respect
15    to the loss of 30 days of sentence credit for any prisoner
16    or to increase any penalty beyond the length requested by
17    the Department;
18        (5) hear by at least one member and through a panel of
19    at least 3 members decide, the release dates for certain
20    prisoners sentenced under the law in existence prior to the
21    effective date of this amendatory Act of 1977, in
22    accordance with Section 3-3-2.1 of this Code;
23        (6) hear by at least one member and through a panel of
24    at least 3 members decide, all requests for pardon,
25    reprieve or commutation, and make confidential
26    recommendations to the Governor;

 

 

10100HB3584sam001- 25 -LRB101 08458 RLC 59918 a

1        (6.5) hear by at least one member who is qualified in
2    the field of juvenile matters and through a panel of at
3    least 3 members, 2 of whom are qualified in the field of
4    juvenile matters, decide parole review cases in accordance
5    with Section 5-4.5-115 5-4.5-110 of this Code and make
6    release determinations of persons under the age of 21 at
7    the time of the commission of an offense or offenses, other
8    than those persons serving sentences for first degree
9    murder or aggravated criminal sexual assault;
10        (6.6) hear by at least a quorum of the Prisoner Review
11    Board and decide by a majority of members present at the
12    hearing, in accordance with Section 5-4.5-115 5-4.5-110 of
13    this Code, release determinations of persons under the age
14    of 21 at the time of the commission of an offense or
15    offenses of those persons serving sentences for first
16    degree murder or aggravated criminal sexual assault;
17        (7) comply with the requirements of the Open Parole
18    Hearings Act;
19        (8) hear by at least one member and, through a panel of
20    at least 3 members, decide cases brought by the Department
21    of Corrections against a prisoner in the custody of the
22    Department for court dismissal of a frivolous lawsuit
23    pursuant to Section 3-6-3(d) of this Code in which the
24    Department seeks to revoke up to 180 days of sentence
25    credit, and if the prisoner has not accumulated 180 days of
26    sentence credit at the time of the dismissal, then all

 

 

10100HB3584sam001- 26 -LRB101 08458 RLC 59918 a

1    sentence credit accumulated by the prisoner shall be
2    revoked;
3        (9) hear by at least 3 members, and, through a panel of
4    at least 3 members, decide whether to grant certificates of
5    relief from disabilities or certificates of good conduct as
6    provided in Article 5.5 of Chapter V;
7        (10) upon a petition by a person who has been convicted
8    of a Class 3 or Class 4 felony and who meets the
9    requirements of this paragraph, hear by at least 3 members
10    and, with the unanimous vote of a panel of 3 members, issue
11    a certificate of eligibility for sealing recommending that
12    the court order the sealing of all official records of the
13    arresting authority, the circuit court clerk, and the
14    Department of State Police concerning the arrest and
15    conviction for the Class 3 or 4 felony. A person may not
16    apply to the Board for a certificate of eligibility for
17    sealing:
18            (A) until 5 years have elapsed since the expiration
19        of his or her sentence;
20            (B) until 5 years have elapsed since any arrests or
21        detentions by a law enforcement officer for an alleged
22        violation of law, other than a petty offense, traffic
23        offense, conservation offense, or local ordinance
24        offense;
25            (C) if convicted of a violation of the Cannabis
26        Control Act, Illinois Controlled Substances Act, the

 

 

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1        Methamphetamine Control and Community Protection Act,
2        the Methamphetamine Precursor Control Act, or the
3        Methamphetamine Precursor Tracking Act unless the
4        petitioner has completed a drug abuse program for the
5        offense on which sealing is sought and provides proof
6        that he or she has completed the program successfully;
7            (D) if convicted of:
8                (i) a sex offense described in Article 11 or
9            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
10            the Criminal Code of 1961 or the Criminal Code of
11            2012;
12                (ii) aggravated assault;
13                (iii) aggravated battery;
14                (iv) domestic battery;
15                (v) aggravated domestic battery;
16                (vi) violation of an order of protection;
17                (vii) an offense under the Criminal Code of
18            1961 or the Criminal Code of 2012 involving a
19            firearm;
20                (viii) driving while under the influence of
21            alcohol, other drug or drugs, intoxicating
22            compound or compounds or any combination thereof;
23                (ix) aggravated driving while under the
24            influence of alcohol, other drug or drugs,
25            intoxicating compound or compounds or any
26            combination thereof; or

 

 

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1                (x) any crime defined as a crime of violence
2            under Section 2 of the Crime Victims Compensation
3            Act.
4        If a person has applied to the Board for a certificate
5    of eligibility for sealing and the Board denies the
6    certificate, the person must wait at least 4 years before
7    filing again or filing for pardon from the Governor unless
8    the Chairman of the Prisoner Review Board grants a waiver.
9        The decision to issue or refrain from issuing a
10    certificate of eligibility for sealing shall be at the
11    Board's sole discretion, and shall not give rise to any
12    cause of action against either the Board or its members.
13        The Board may only authorize the sealing of Class 3 and
14    4 felony convictions of the petitioner from one information
15    or indictment under this paragraph (10). A petitioner may
16    only receive one certificate of eligibility for sealing
17    under this provision for life; and
18        (11) upon a petition by a person who after having been
19    convicted of a Class 3 or Class 4 felony thereafter served
20    in the United States Armed Forces or National Guard of this
21    or any other state and had received an honorable discharge
22    from the United States Armed Forces or National Guard or
23    who at the time of filing the petition is enlisted in the
24    United States Armed Forces or National Guard of this or any
25    other state and served one tour of duty and who meets the
26    requirements of this paragraph, hear by at least 3 members

 

 

10100HB3584sam001- 29 -LRB101 08458 RLC 59918 a

1    and, with the unanimous vote of a panel of 3 members, issue
2    a certificate of eligibility for expungement recommending
3    that the court order the expungement of all official
4    records of the arresting authority, the circuit court
5    clerk, and the Department of State Police concerning the
6    arrest and conviction for the Class 3 or 4 felony. A person
7    may not apply to the Board for a certificate of eligibility
8    for expungement:
9            (A) 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 Criminal Code of 2012;
13                (ii) an offense under the Criminal Code of 1961
14            or Criminal Code of 2012 involving a firearm; or
15                (iii) a crime of violence as defined in Section
16            2 of the Crime Victims Compensation Act; or
17            (B) if the person has not served in the United
18        States Armed Forces or National Guard of this or any
19        other state or has not received an honorable discharge
20        from the United States Armed Forces or National Guard
21        of this or any other state or who at the time of the
22        filing of the petition is serving in the United States
23        Armed Forces or National Guard of this or any other
24        state and has not completed one tour of duty.
25        If a person has applied to the Board for a certificate
26    of eligibility for expungement and the Board denies the

 

 

10100HB3584sam001- 30 -LRB101 08458 RLC 59918 a

1    certificate, the person must wait at least 4 years before
2    filing again or filing for a pardon with authorization for
3    expungement from the Governor unless the Governor or
4    Chairman of the Prisoner Review Board grants a waiver.
5    (a-5) The Prisoner Review Board, with the cooperation of
6and in coordination with the Department of Corrections and the
7Department of Central Management Services, shall implement a
8pilot project in 3 correctional institutions providing for the
9conduct of hearings under paragraphs (1) and (4) of subsection
10(a) of this Section through interactive video conferences. The
11project shall be implemented within 6 months after the
12effective date of this amendatory Act of 1996. Within 6 months
13after the implementation of the pilot project, the Prisoner
14Review Board, with the cooperation of and in coordination with
15the Department of Corrections and the Department of Central
16Management Services, shall report to the Governor and the
17General Assembly regarding the use, costs, effectiveness, and
18future viability of interactive video conferences for Prisoner
19Review Board hearings.
20    (b) Upon recommendation of the Department the Board may
21restore sentence credit previously revoked.
22    (c) The Board shall cooperate with the Department in
23promoting an effective system of parole and mandatory
24supervised release.
25    (d) The Board shall promulgate rules for the conduct of its
26work, and the Chairman shall file a copy of such rules and any

 

 

10100HB3584sam001- 31 -LRB101 08458 RLC 59918 a

1amendments thereto with the Director and with the Secretary of
2State.
3    (e) The Board shall keep records of all of its official
4actions and shall make them accessible in accordance with law
5and the rules of the Board.
6    (f) The Board or one who has allegedly violated the
7conditions of his or her parole, aftercare release, or
8mandatory supervised release may require by subpoena the
9attendance and testimony of witnesses and the production of
10documentary evidence relating to any matter under
11investigation or hearing. The Chairman of the Board may sign
12subpoenas which shall be served by any agent or public official
13authorized by the Chairman of the Board, or by any person
14lawfully authorized to serve a subpoena under the laws of the
15State of Illinois. The attendance of witnesses, and the
16production of documentary evidence, may be required from any
17place in the State to a hearing location in the State before
18the Chairman of the Board or his or her designated agent or
19agents or any duly constituted Committee or Subcommittee of the
20Board. Witnesses so summoned shall be paid the same fees and
21mileage that are paid witnesses in the circuit courts of the
22State, and witnesses whose depositions are taken and the
23persons taking those depositions are each entitled to the same
24fees as are paid for like services in actions in the circuit
25courts of the State. Fees and mileage shall be vouchered for
26payment when the witness is discharged from further attendance.

 

 

10100HB3584sam001- 32 -LRB101 08458 RLC 59918 a

1    In case of disobedience to a subpoena, the Board may
2petition any circuit court of the State for an order requiring
3the attendance and testimony of witnesses or the production of
4documentary evidence or both. A copy of such petition shall be
5served by personal service or by registered or certified mail
6upon the person who has failed to obey the subpoena, and such
7person shall be advised in writing that a hearing upon the
8petition will be requested in a court room to be designated in
9such notice before the judge hearing motions or extraordinary
10remedies at a specified time, on a specified date, not less
11than 10 nor more than 15 days after the deposit of the copy of
12the written notice and petition in the U.S. mails addressed to
13the person at his last known address or after the personal
14service of the copy of the notice and petition upon such
15person. The court upon the filing of such a petition, may order
16the person refusing to obey the subpoena to appear at an
17investigation or hearing, or to there produce documentary
18evidence, if so ordered, or to give evidence relative to the
19subject matter of that investigation or hearing. Any failure to
20obey such order of the circuit court may be punished by that
21court as a contempt of court.
22    Each member of the Board and any hearing officer designated
23by the Board shall have the power to administer oaths and to
24take the testimony of persons under oath.
25    (g) Except under subsection (a) of this Section, a majority
26of the members then appointed to the Prisoner Review Board

 

 

10100HB3584sam001- 33 -LRB101 08458 RLC 59918 a

1shall constitute a quorum for the transaction of all business
2of the Board.
3    (h) The Prisoner Review Board shall annually transmit to
4the Director a detailed report of its work for the preceding
5calendar year. The annual report shall also be transmitted to
6the Governor for submission to the Legislature.
7(Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19;
8revised 4-3-19.)"; and
 
9on page 32, by replacing lines 10 through 23 with the
10following:
11    "(h) The Board shall not release any material to the
12inmate, the inmate's attorney, any third party, or any other
13person containing any information from a the victim or from a
14person related to the victim by blood, adoption, or marriage
15who has written objections, testified at any hearing, or
16submitted audio or visual objections to the inmate's parole,
17unless provided with a waiver from that victim objecting party.
18Victim statements provided to the Board shall be confidential
19and privileged, including any statements received prior to the
20effective date of this amendatory Act of the 101st General
21Assembly, except if the statement was an oral statement made by
22the victim at a hearing open to the public. The Board shall not
23release the names or addresses of any person on its victim
24registry to any other person except the victim, a law
25enforcement agency, or other victim notification system.

 

 

10100HB3584sam001- 34 -LRB101 08458 RLC 59918 a

1(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14;
298-717, eff. 1-1-15; 99-628, eff. 1-1-17.)
 
3    (730 ILCS 5/3-3-9)  (from Ch. 38, par. 1003-3-9)
4    (Text of Section before amendment by P.A. 100-1182)
5    Sec. 3-3-9. Violations; changes of conditions; preliminary
6hearing; revocation of parole or mandatory supervised release;
7revocation hearing.
8    (a) If prior to expiration or termination of the term of
9parole or mandatory supervised release, a person violates a
10condition set by the Prisoner Review Board or a condition of
11parole or mandatory supervised release under Section 3-3-7 of
12this Code to govern that term, the Board may:
13        (1) continue the existing term, with or without
14    modifying or enlarging the conditions; or
15        (2) parole or release the person to a half-way house;
16    or
17        (3) revoke the parole or mandatory supervised release
18    and reconfine the person for a term computed in the
19    following manner:
20            (i) (A) For those sentenced under the law in effect
21        prior to this amendatory Act of 1977, the recommitment
22        shall be for any portion of the imposed maximum term of
23        imprisonment or confinement which had not been served
24        at the time of parole and the parole term, less the
25        time elapsed between the parole of the person and the

 

 

10100HB3584sam001- 35 -LRB101 08458 RLC 59918 a

1        commission of the violation for which parole was
2        revoked;
3            (B) Except as set forth in paragraph (C), for those
4        subject to mandatory supervised release under
5        paragraph (d) of Section 5-8-1 of this Code, the
6        recommitment shall be for the total mandatory
7        supervised release term, less the time elapsed between
8        the release of the person and the commission of the
9        violation for which mandatory supervised release is
10        revoked. The Board may also order that a prisoner serve
11        up to one year of the sentence imposed by the court
12        which was not served due to the accumulation of
13        sentence credit;
14            (C) For those subject to sex offender supervision
15        under clause (d)(4) of Section 5-8-1 of this Code, the
16        reconfinement period for violations of clauses (a)(3)
17        through (b-1)(15) of Section 3-3-7 shall not exceed 2
18        years from the date of reconfinement;
19                 (ii) the person shall be given credit against
20            the term of reimprisonment or reconfinement for
21            time spent in custody since he or she was paroled
22            or released which has not been credited against
23            another sentence or period of confinement;
24                 (iii) (blank);
25                 (iv) this Section is subject to the release
26            under supervision and the reparole and rerelease

 

 

10100HB3584sam001- 36 -LRB101 08458 RLC 59918 a

1            provisions of Section 3-3-10.
2    (b) The Board may revoke parole or mandatory supervised
3release for violation of a condition for the duration of the
4term and for any further period which is reasonably necessary
5for the adjudication of matters arising before its expiration.
6The issuance of a warrant of arrest for an alleged violation of
7the conditions of parole or mandatory supervised release shall
8toll the running of the term until the final determination of
9the charge. When parole or mandatory supervised release is not
10revoked that period shall be credited to the term, unless a
11community-based sanction is imposed as an alternative to
12revocation and reincarceration, including a diversion
13established by the Illinois Department of Corrections Parole
14Services Unit prior to the holding of a preliminary parole
15revocation hearing. Parolees who are diverted to a
16community-based sanction shall serve the entire term of parole
17or mandatory supervised release, if otherwise appropriate.
18    (b-5) The Board shall revoke parole or mandatory supervised
19release for violation of the conditions prescribed in paragraph
20(7.6) of subsection (a) of Section 3-3-7.
21    (c) A person charged with violating a condition of parole
22or mandatory supervised release shall have a preliminary
23hearing before a hearing officer designated by the Board to
24determine if there is cause to hold the person for a revocation
25hearing. However, no preliminary hearing need be held when
26revocation is based upon new criminal charges and a court finds

 

 

10100HB3584sam001- 37 -LRB101 08458 RLC 59918 a

1probable cause on the new criminal charges or when the
2revocation is based upon a new criminal conviction and a
3certified copy of that conviction is available.
4    (d) Parole or mandatory supervised release shall not be
5revoked without written notice to the offender setting forth
6the violation of parole or mandatory supervised release charged
7against him or her.
8    (e) A hearing on revocation shall be conducted before at
9least one member of the Prisoner Review Board. The Board may
10meet and order its actions in panels of 3 or more members. The
11action of a majority of the panel shall be the action of the
12Board. A record of the hearing shall be made. At the hearing
13the offender shall be permitted to:
14        (1) appear and answer the charge; and
15        (2) bring witnesses on his or her behalf.
16    (f) The Board shall either revoke parole or mandatory
17supervised release or order the person's term continued with or
18without modification or enlargement of the conditions.
19    (g) Parole or mandatory supervised release shall not be
20revoked for failure to make payments under the conditions of
21parole or release unless the Board determines that such failure
22is due to the offender's willful refusal to pay.
23(Source: P.A. 98-463, eff. 8-16-13; 98-558, eff. 1-1-14;
2499-628, eff. 1-1-17.)
 
25    (Text of Section after amendment by P.A. 100-1182)

 

 

10100HB3584sam001- 38 -LRB101 08458 RLC 59918 a

1    Sec. 3-3-9. Violations; changes of conditions; preliminary
2hearing; revocation of parole or mandatory supervised release;
3revocation hearing.
4    (a) If prior to expiration or termination of the term of
5parole or mandatory supervised release, a person violates a
6condition set by the Prisoner Review Board or a condition of
7parole or mandatory supervised release under Section 3-3-7 of
8this 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 5-4.5-115 5-4.5-110
13    of this Code, order that the inmate be subsequently
14    rereleased to serve a specified mandatory supervised
15    release term not to exceed the full term permitted under
16    the provisions of Section 5-4.5-115 5-4.5-110 and
17    subsection (d) of Section 5-8-1 of this Code and may modify
18    or enlarge the conditions of the release as the Board deems
19    proper; or
20        (2) parole or release the person to a half-way house;
21    or
22        (3) revoke the parole or mandatory supervised release
23    and reconfine the person for a term computed in the
24    following manner:
25            (i) (A) For those sentenced under the law in effect
26        prior to this amendatory Act of 1977, the recommitment

 

 

10100HB3584sam001- 39 -LRB101 08458 RLC 59918 a

1        shall be for any portion of the imposed maximum term of
2        imprisonment or confinement which had not been served
3        at the time of parole and the parole term, less the
4        time elapsed between the parole of the person and the
5        commission of the violation for which parole was
6        revoked;
7            (B) Except as set forth in paragraphs (C) and (D),
8        for those subject to mandatory supervised release
9        under paragraph (d) of Section 5-8-1 of this Code, the
10        recommitment shall be for the total mandatory
11        supervised release term, less the time elapsed between
12        the release of the person and the commission of the
13        violation for which mandatory supervised release is
14        revoked. The Board may also order that a prisoner serve
15        up to one year of the sentence imposed by the court
16        which was not served due to the accumulation of
17        sentence credit;
18            (C) For those subject to sex offender supervision
19        under clause (d)(4) of Section 5-8-1 of this Code, the
20        reconfinement period for violations of clauses (a)(3)
21        through (b-1)(15) of Section 3-3-7 shall not exceed 2
22        years from the date of reconfinement;
23            (D) For those released as a result of youthful
24        offender parole as set forth in Section 5-4.5-115
25        5-4.5-110 of this Code, the reconfinement period shall
26        be for the total mandatory supervised release term,

 

 

10100HB3584sam001- 40 -LRB101 08458 RLC 59918 a

1        less the time elapsed between the release of the person
2        and the commission of the violation for which mandatory
3        supervised release is revoked. The Board may also order
4        that a prisoner serve up to one year of the mandatory
5        supervised release term previously earned. The Board
6        may also order that the inmate be subsequently
7        rereleased to serve a specified mandatory supervised
8        release term not to exceed the full term permitted
9        under the provisions of Section 5-4.5-115 5-4.5-110
10        and subsection (d) of Section 5-8-1 of this Code and
11        may modify or enlarge the conditions of the release as
12        the Board deems proper;
13             (ii) the person shall be given credit against the
14        term of reimprisonment or reconfinement for time spent
15        in custody since he or she was paroled or released
16        which has not been credited against another sentence or
17        period of confinement;
18             (iii) (blank);
19             (iv) this Section is subject to the release under
20        supervision and the reparole and rerelease provisions
21        of Section 3-3-10.
22    (b) The Board may revoke parole or mandatory supervised
23release for violation of a condition for the duration of the
24term and for any further period which is reasonably necessary
25for the adjudication of matters arising before its expiration.
26The issuance of a warrant of arrest for an alleged violation of

 

 

10100HB3584sam001- 41 -LRB101 08458 RLC 59918 a

1the conditions of parole or mandatory supervised release shall
2toll the running of the term until the final determination of
3the charge. When parole or mandatory supervised release is not
4revoked that period shall be credited to the term, unless a
5community-based sanction is imposed as an alternative to
6revocation and reincarceration, including a diversion
7established by the Illinois Department of Corrections Parole
8Services Unit prior to the holding of a preliminary parole
9revocation hearing. Parolees who are diverted to a
10community-based sanction shall serve the entire term of parole
11or mandatory supervised release, if otherwise appropriate.
12    (b-5) The Board shall revoke parole or mandatory supervised
13release for violation of the conditions prescribed in paragraph
14(7.6) of subsection (a) of Section 3-3-7.
15    (c) A person charged with violating a condition of parole
16or mandatory supervised release shall have a preliminary
17hearing before a hearing officer designated by the Board to
18determine if there is cause to hold the person for a revocation
19hearing. However, no preliminary hearing need be held when
20revocation is based upon new criminal charges and a court finds
21probable cause on the new criminal charges or when the
22revocation is based upon a new criminal conviction and a
23certified copy of that conviction is available.
24    (d) Parole or mandatory supervised release shall not be
25revoked without written notice to the offender setting forth
26the violation of parole or mandatory supervised release charged

 

 

10100HB3584sam001- 42 -LRB101 08458 RLC 59918 a

1against him or her.
2    (e) A hearing on revocation shall be conducted before at
3least one member of the Prisoner Review Board. The Board may
4meet and order its actions in panels of 3 or more members. The
5action of a majority of the panel shall be the action of the
6Board. A record of the hearing shall be made. At the hearing
7the offender shall be permitted to:
8        (1) appear and answer the charge; and
9        (2) bring witnesses on his or her behalf.
10    (f) The Board shall either revoke parole or mandatory
11supervised release or order the person's term continued with or
12without modification or enlargement of the conditions.
13    (g) Parole or mandatory supervised release shall not be
14revoked for failure to make payments under the conditions of
15parole or release unless the Board determines that such failure
16is due to the offender's willful refusal to pay.
17(Source: P.A. 99-628, eff. 1-1-17; 100-1182, eff. 6-1-19;
18revised 4-3-19.)"; and
 
19by replacing line 22 on page 33 through line 8 on page 34 with
20the following:
21    "(b-5) Victims registered with the Board shall receive
22reasonable written notice not less than 30 days prior to the
23executive clemency hearing date. The victim has the right to
24submit a victim statement to the Prisoner Review Board for
25consideration at an executive clemency hearing as provided in

 

 

10100HB3584sam001- 43 -LRB101 08458 RLC 59918 a

1subsection (c) of this Section. Victim statements provided to
2the Board shall be confidential and privileged, including any
3statements received prior to the effective date of this
4amendatory Act of the 101st General Assembly, except if the
5statement was an oral statement made by the victim at a hearing
6open to the public.
7    (c) The Board shall, if requested and upon due notice, give
8a hearing to each application, allowing representation by
9counsel, if desired, after which it shall confidentially advise
10the Governor by a written report of its recommendations which
11shall be determined by majority vote. The written report to the
12Governor shall be confidential and privileged, including any
13reports made prior to the effective date of this amendatory Act
14of the 101st General Assembly. The Board shall meet to consider
15such petitions no less than 4 times each year.
16    Application for executive clemency under this Section may
17not be commenced on behalf of a person who has been sentenced
18to death without the written consent of the defendant, unless
19the defendant, because of a mental or physical condition, is
20incapable of asserting his or her own claim."; and
 
21by replacing line 1 on page 35 through line 7 on page 36 with
22the following:
 
23    "(730 ILCS 5/5-4.5-115)
24    (This Section may contain text from a Public Act with a

 

 

10100HB3584sam001- 44 -LRB101 08458 RLC 59918 a

1delayed effective date)
2    Sec. 5-4.5-115 5-4.5-110. Parole review of persons under
3the age of 21 at the time of the commission of an offense.
4    (a) For purposes of this Section, "victim" means a victim
5of a violent crime as defined in subsection (a) of Section 3 of
6the Rights of Crime Victims and Witnesses Act including a
7witness as defined in subsection (b) of Section 3 of the Rights
8of Crime Victims and Witnesses Act; any person legally related
9to the victim by blood, marriage, adoption, or guardianship;
10any friend of the victim; or any concerned citizen.
11    (b) A person under 21 years of age at the time of the
12commission of an offense or offenses, other than first degree
13murder, and who is not serving a sentence for first degree
14murder and who is sentenced on or after June 1, 2019 (the
15effective date of Public Act 100-1182) this amendatory Act of
16the 100th General Assembly shall be eligible for parole review
17by the Prisoner Review Board after serving 10 years or more of
18his or her sentence or sentences, except for those serving a
19sentence or sentences for: (1) aggravated criminal sexual
20assault who shall be eligible for parole review by the Prisoner
21Review Board after serving 20 years or more of his or her
22sentence or sentences or (2) predatory criminal sexual assault
23of a child who shall not be eligible for parole review by the
24Prisoner Review Board under this Section. A person under 21
25years of age at the time of the commission of first degree
26murder who is sentenced on or after June 1, 2019 (the effective

 

 

10100HB3584sam001- 45 -LRB101 08458 RLC 59918 a

1date of Public Act 100-1182) this amendatory Act of the 100th
2General Assembly shall be eligible for parole review by the
3Prisoner Review Board after serving 20 years or more of his or
4her sentence or sentences, except for those subject to a term
5of natural life imprisonment under Section 5-8-1 of this Code
6or any person subject to sentencing under subsection (c) of
7Section 5-4.5-105 of this Code.
8    (c) Three years prior to becoming eligible for parole
9review, the eligible person may file his or her petition for
10parole review with the Prisoner Review Board. The petition
11shall include a copy of the order of commitment and sentence to
12the Department of Corrections for the offense or offenses for
13which review is sought. Within 30 days of receipt of this
14petition, the Prisoner Review Board shall determine whether the
15petition is appropriately filed, and if so, shall set a date
16for parole review 3 years from receipt of the petition and
17notify the Department of Corrections within 10 business days.
18If the Prisoner Review Board determines that the petition is
19not appropriately filed, it shall notify the petitioner in
20writing, including a basis for its determination.
21    (d) Within 6 months of the Prisoner Review Board's
22determination that the petition was appropriately filed, a
23representative from the Department of Corrections shall meet
24with the eligible person and provide the inmate information
25about the parole hearing process and personalized
26recommendations for the inmate regarding his or her work

 

 

10100HB3584sam001- 46 -LRB101 08458 RLC 59918 a

1assignments, rehabilitative programs, and institutional
2behavior. Following this meeting, the eligible person has 7
3calendar days to file a written request to the representative
4from the Department of Corrections who met with the eligible
5person of any additional programs and services which the
6eligible person believes should be made available to prepare
7the eligible person for return to the community.
8    (e) One year prior to the person being eligible for parole,
9counsel shall be appointed by the Prisoner Review Board upon a
10finding of indigency. The eligible person may waive appointed
11counsel or retain his or her own counsel at his or her own
12expense.
13    (f) Nine months prior to the hearing, the Prisoner Review
14Board shall provide the eligible person, and his or her
15counsel, any written documents or materials it will be
16considering in making its decision unless the written documents
17or materials are specifically found to: (1) include information
18which, if disclosed, would damage the therapeutic relationship
19between the inmate and a mental health professional; (2)
20subject any person to the actual risk of physical harm; (3)
21threaten the safety or security of the Department or an
22institution. In accordance with Section 4.5(d)(4) of the Rights
23of Crime Victims and Witnesses Act and Section 10 35 of the
24Open Parole Hearings Act, victim impact statements provided to
25the Board shall be confidential and privileged, including any
26statements received prior to the effective date of this

 

 

10100HB3584sam001- 47 -LRB101 08458 RLC 59918 a

1amendatory Act of the 101st General Assembly, except if the
2statement was an oral statement made by the victim at a hearing
3open to the public. Victim statements either oral, written,
4video-taped, tape recorded or made by other electronic means
5shall not be considered public documents under the provisions
6of the Freedom of Information Act. The inmate or his or her
7attorney shall not be given a copy of the statement, but shall
8be informed of the existence of a victim impact statement and
9the position taken by the victim on the inmate's request for
10parole. This shall not be construed to permit disclosure to an
11inmate of any information which might result in the risk of
12threats or physical harm to a victim. The Prisoner Review Board
13shall have an ongoing duty to provide the eligible person, and
14his or her counsel, with any further documents or materials
15that come into its possession prior to the hearing subject to
16the limitations contained in this subsection.
17    (g) Not less than 12 months prior to the hearing, the
18Prisoner Review Board shall provide notification to the State's
19Attorney of the county from which the person was committed and
20written notification to the victim or family of the victim of
21the scheduled hearing place, date, and approximate time. The
22written notification shall contain: (1) information about
23their right to be present, appear in person at the parole
24hearing, and their right to make an oral statement and submit
25information in writing, by videotape, tape recording, or other
26electronic means; (2) a toll-free number to call for further

 

 

10100HB3584sam001- 48 -LRB101 08458 RLC 59918 a

1information about the parole review process; and (3)
2information regarding available resources, including
3trauma-informed therapy, they may access. If the Board does not
4have knowledge of the current address of the victim or family
5of the victim, it shall notify the State's Attorney of the
6county of commitment and request assistance in locating the
7victim or family of the victim. Those victims or family of the
8victims who advise the Board in writing that they no longer
9wish to be notified shall not receive future notices. A victim
10shall have the right to submit information by videotape, tape
11recording, or other electronic means. The victim may submit
12this material prior to or at the parole hearing. The victim
13also has the right to be heard at the parole hearing.
14    (h) The hearing conducted by the Prisoner Review Board
15shall be governed by Sections 15 and 20, subsection (f) of
16Section 5, subsections subsection (a), (a-5), (b), (b-5), and
17(c) of Section 10, and subsection (d) of Section 25, and
18subsections (a), (b), and (e) of Section 35 of the Open Parole
19Hearings Act and Part 1610 of Title 20 of the Illinois
20Administrative Code. The eligible person has a right to be
21present at the Prisoner Review Board hearing, unless the
22Prisoner Review Board determines the eligible person's
23presence is unduly burdensome when conducting a hearing under
24paragraph (6.6) of subsection (a) of Section 3-3-2 of this
25Code. If a psychological evaluation is submitted for the
26Prisoner Review Board's consideration, it shall be prepared by

 

 

10100HB3584sam001- 49 -LRB101 08458 RLC 59918 a

1a person who has expertise in adolescent brain development and
2behavior, and shall take into consideration the diminished
3culpability of youthful offenders, the hallmark features of
4youth, and any subsequent growth and increased maturity of the
5person. At the hearing, the eligible person shall have the
6right to make a statement on his or her own behalf.
7    (i) Only upon motion for good cause shall the date for the
8Prisoner Review Board hearing, as set by subsection (b) of this
9Section, be changed. No less than 15 days prior to the hearing,
10the Prisoner Review Board shall notify the victim or victim
11representative, the attorney, and the eligible person of the
12exact date and time of the hearing. All hearings shall be open
13to the public.
14    (j) The Prisoner Review Board shall not parole the eligible
15person if it determines that:
16        (1) there is a substantial risk that the eligible
17    person will not conform to reasonable conditions of parole
18    or aftercare release; or
19        (2) the eligible person's release at that time would
20    deprecate the seriousness of his or her offense or promote
21    disrespect for the law; or
22        (3) the eligible person's release would have a
23    substantially adverse effect on institutional discipline.
24    In considering the factors affecting the release
25determination under 20 Ill. Adm. Code 1610.50(b), the Prisoner
26Review Board panel shall consider the diminished culpability of

 

 

10100HB3584sam001- 50 -LRB101 08458 RLC 59918 a

1youthful offenders, the hallmark features of youth, and any
2subsequent growth and maturity of the youthful offender during
3incarceration.
4    (k) Unless denied parole under subsection (j) of this
5Section and subject to the provisions of Section 3-3-9 of this
6Code: (1) the eligible person serving a sentence for any
7non-first degree murder offense or offenses, shall be released
8on parole which shall operate to discharge any remaining term
9of years sentence imposed upon him or her, notwithstanding any
10required mandatory supervised release period the eligible
11person is required to serve; and (2) the eligible person
12serving a sentence for any first degree murder offense, shall
13be released on mandatory supervised release for a period of 10
14years subject to Section 3-3-8, which shall operate to
15discharge any remaining term of years sentence imposed upon him
16or her, however in no event shall the eligible person serve a
17period of mandatory supervised release greater than the
18aggregate of the discharged underlying sentence and the
19mandatory supervised release period as sent forth in Section
205-4.5-20.
21    (l) If the Prisoner Review Board denies parole after
22conducting the hearing under subsection (j) of this Section, it
23shall issue a written decision which states the rationale for
24denial, including the primary factors considered. This
25decision shall be provided to the eligible person and his or
26her counsel within 30 days.

 

 

10100HB3584sam001- 51 -LRB101 08458 RLC 59918 a

1    (m) A person denied parole under subsection (j) of this
2Section, who is not serving a sentence for either first degree
3murder or aggravated criminal sexual assault, shall be eligible
4for a second parole review by the Prisoner Review Board 5 years
5after the written decision under subsection (l) of this
6Section; a person denied parole under subsection (j) of this
7Section, who is serving a sentence or sentences for first
8degree murder or aggravated criminal sexual assault shall be
9eligible for a second and final parole review by the Prisoner
10Review Board 10 years after the written decision under
11subsection (k) of this Section. The procedures for a second
12parole review shall be governed by subsections (c) through (k)
13of this Section.
14    (n) A person denied parole under subsection (m) of this
15Section, who is not serving a sentence for either first degree
16murder or aggravated criminal sexual assault, shall be eligible
17for a third and final parole review by the Prisoner Review
18Board 5 years after the written decision under subsection (l)
19of this Section. The procedures for the third and final parole
20review shall be governed by subsections (c) through (k) of this
21Section.
22    (o) Notwithstanding anything else to the contrary in this
23Section, nothing in this Section shall be construed to delay
24parole or mandatory supervised release consideration for
25petitioners who are or will be eligible for release earlier
26than this Section provides. Nothing in this Section shall be

 

 

10100HB3584sam001- 52 -LRB101 08458 RLC 59918 a

1construed as a limit, substitution, or bar on a person's right
2to sentencing relief, or any other manner of relief, obtained
3by order of a court in proceedings other than as provided in
4this Section.
5(Source: P.A. 100-1182, eff. 6-1-19; revised 4-2-19.)
 
6    (730 ILCS 5/5-4.5-20)
7    (Text of Section before amendment by P.A. 100-1182)
8    Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
9degree murder:
10    (a) TERM. The defendant shall be sentenced to imprisonment
11or, if appropriate, death under Section 9-1 of the Criminal
12Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
13Imprisonment shall be for a determinate term of (1) not less
14than 20 years and not more than 60 years; (2) not less than 60
15years and not more than 100 years when an extended term is
16imposed under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural
17life as provided in Section 5-8-1 (730 ILCS 5/5-8-1).
18    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
19shall not be imposed.
20    (c) IMPACT INCARCERATION. The impact incarceration program
21or the county impact incarceration program is not an authorized
22disposition.
23    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
24probation or conditional discharge shall not be imposed.
25    (e) FINE. Fines may be imposed as provided in Section

 

 

10100HB3584sam001- 53 -LRB101 08458 RLC 59918 a

15-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
2    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
3concerning restitution.
4    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
5be concurrent or consecutive as provided in Section 5-8-4 (730
6ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
7    (h) DRUG COURT. Drug court is not an authorized
8disposition.
9    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
10ILCS 5/5-4.5-100) concerning no credit for time spent in home
11detention prior to judgment.
12    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
13for rules and regulations for sentence credit.
14    (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
15monitoring and home detention are not authorized dispositions,
16except in limited circumstances as provided in Section 5-8A-3
17(730 ILCS 5/5-8A-3).
18    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
19provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
20mandatory supervised release term shall be 3 years upon release
21from imprisonment.
22(Source: P.A. 100-431, eff. 8-25-17.)
 
23    (Text of Section after amendment by P.A. 100-1182)
24    Sec. 5-4.5-20. FIRST DEGREE MURDER; SENTENCE. For first
25degree murder:

 

 

10100HB3584sam001- 54 -LRB101 08458 RLC 59918 a

1    (a) TERM. The defendant shall be sentenced to imprisonment
2or, if appropriate, death under Section 9-1 of the Criminal
3Code of 1961 or the Criminal Code of 2012 (720 ILCS 5/9-1).
4Imprisonment shall be for a determinate term, subject to
5Section 5-4.5-115 5-4.5-110 of this Code, of (1) not less than
620 years and not more than 60 years; (2) not less than 60 years
7and not more than 100 years when an extended term is imposed
8under Section 5-8-2 (730 ILCS 5/5-8-2); or (3) natural life as
9provided in Section 5-8-1 (730 ILCS 5/5-8-1).
10    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
11shall not be imposed.
12    (c) IMPACT INCARCERATION. The impact incarceration program
13or the county impact incarceration program is not an authorized
14disposition.
15    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
16probation or conditional discharge shall not be imposed.
17    (e) FINE. Fines may be imposed as provided in Section
185-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
19    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
20concerning restitution.
21    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
22be concurrent or consecutive as provided in Section 5-8-4 (730
23ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
24    (h) DRUG COURT. Drug court is not an authorized
25disposition.
26    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730

 

 

10100HB3584sam001- 55 -LRB101 08458 RLC 59918 a

1ILCS 5/5-4.5-100) concerning no credit for time spent in home
2detention prior to judgment.
3    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
4for rules and regulations for sentence credit.
5    (k) ELECTRONIC MONITORING AND HOME DETENTION. Electronic
6monitoring and home detention are not authorized dispositions,
7except in limited circumstances as provided in Section 5-8A-3
8(730 ILCS 5/5-8A-3).
9    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
10provided in Section 3-3-8 (730 ILCS 5/3-3-8), the parole or
11mandatory supervised release term shall be 3 years upon release
12from imprisonment.
13(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
14revised 4-3-19.)
 
15    (730 ILCS 5/5-4.5-25)
16    (Text of Section before amendment by P.A. 100-1182)
17    Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
18felony:
19    (a) TERM. The sentence of imprisonment shall be a
20determinate sentence of not less than 6 years and not more than
2130 years. The sentence of imprisonment for an extended term
22Class X felony, as provided in Section 5-8-2 (730 ILCS
235/5-8-2), shall be not less than 30 years and not more than 60
24years.
25    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment

 

 

10100HB3584sam001- 56 -LRB101 08458 RLC 59918 a

1shall not be imposed.
2    (c) IMPACT INCARCERATION. The impact incarceration program
3or the county impact incarceration program is not an authorized
4disposition.
5    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
6probation or conditional discharge shall not be imposed.
7    (e) FINE. Fines may be imposed as provided in Section
85-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
9    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
10concerning restitution.
11    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
12be concurrent or consecutive as provided in Section 5-8-4 (730
13ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
14    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
15Act (730 ILCS 166/20) concerning eligibility for a drug court
16program.
17    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
18ILCS 5/5-4.5-100) concerning no credit for time spent in home
19detention prior to judgment.
20    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
21for rules and regulations for sentence credit.
22    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
235-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
24electronic monitoring and home detention.
25    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
26provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or

 

 

10100HB3584sam001- 57 -LRB101 08458 RLC 59918 a

15/5-8-1), the parole or mandatory supervised release term shall
2be 3 years upon release from imprisonment.
3(Source: P.A. 100-431, eff. 8-25-17.)
 
4    (Text of Section after amendment by P.A. 100-1182)
5    Sec. 5-4.5-25. CLASS X FELONIES; SENTENCE. For a Class X
6felony:
7    (a) TERM. The sentence of imprisonment shall be a
8determinate sentence, subject to Section 5-4.5-115 5-4.5-110
9of this Code, of not less than 6 years and not more than 30
10years. The sentence of imprisonment for an extended term Class
11X felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2),
12subject to Section 5-4.5-115 5-4.5-110 of this Code, shall be
13not less than 30 years and not more than 60 years.
14    (b) PERIODIC IMPRISONMENT. A term of periodic imprisonment
15shall not be imposed.
16    (c) IMPACT INCARCERATION. The impact incarceration program
17or the county impact incarceration program is not an authorized
18disposition.
19    (d) PROBATION; CONDITIONAL DISCHARGE. A period of
20probation or conditional discharge shall not be imposed.
21    (e) FINE. Fines may be imposed as provided in Section
225-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
23    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
24concerning restitution.
25    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall

 

 

10100HB3584sam001- 58 -LRB101 08458 RLC 59918 a

1be concurrent or consecutive as provided in Section 5-8-4 (730
2ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
3    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
4Act (730 ILCS 166/20) concerning eligibility for a drug court
5program.
6    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
7ILCS 5/5-4.5-100) concerning no credit for time spent in home
8detention prior to judgment.
9    (j) SENTENCE CREDIT. See Section 3-6-3 (730 ILCS 5/3-6-3)
10for rules and regulations for sentence credit.
11    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
125-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
13electronic monitoring and home detention.
14    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
15provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
165/5-8-1), the parole or mandatory supervised release term shall
17be 3 years upon release from imprisonment.
18(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
19revised 4-3-19.)
 
20    (730 ILCS 5/5-4.5-30)
21    (Text of Section before amendment by P.A. 100-1182)
22    Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
23felony:
24    (a) TERM. The sentence of imprisonment, other than for
25second degree murder, shall be a determinate sentence of not

 

 

10100HB3584sam001- 59 -LRB101 08458 RLC 59918 a

1less than 4 years and not more than 15 years. The sentence of
2imprisonment for second degree murder shall be a determinate
3sentence of not less than 4 years and not more than 20 years.
4The sentence of imprisonment for an extended term Class 1
5felony, as provided in Section 5-8-2 (730 ILCS 5/5-8-2), shall
6be a term not less than 15 years and not more than 30 years.
7    (b) PERIODIC IMPRISONMENT. A sentence of periodic
8imprisonment shall be for a definite term of from 3 to 4 years,
9except as otherwise provided in Section 5-5-3 or 5-7-1 (730
10ILCS 5/5-5-3 or 5/5-7-1).
11    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
12(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
13the impact incarceration program or the county impact
14incarceration program.
15    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
16in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
17period of probation or conditional discharge shall not exceed 4
18years. The court shall specify the conditions of probation or
19conditional discharge as set forth in Section 5-6-3 (730 ILCS
205/5-6-3). In no case shall an offender be eligible for a
21disposition of probation or conditional discharge for a Class 1
22felony committed while he or she was serving a term of
23probation or conditional discharge for a felony.
24    (e) FINE. Fines may be imposed as provided in Section
255-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
26    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)

 

 

10100HB3584sam001- 60 -LRB101 08458 RLC 59918 a

1concerning restitution.
2    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
3be concurrent or consecutive as provided in Section 5-8-4 (730
4ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
5    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
6Act (730 ILCS 166/20) concerning eligibility for a drug court
7program.
8    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
9ILCS 5/5-4.5-100) concerning credit for time spent in home
10detention prior to judgment.
11    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
12ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
13(730 ILCS 130/) for rules and regulations for sentence credit.
14    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
155-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
16electronic monitoring and home detention.
17    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
18provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
195/5-8-1), the parole or mandatory supervised release term shall
20be 2 years upon release from imprisonment.
21(Source: P.A. 100-431, eff. 8-25-17.)
 
22    (Text of Section after amendment by P.A. 100-1182)
23    Sec. 5-4.5-30. CLASS 1 FELONIES; SENTENCE. For a Class 1
24felony:
25    (a) TERM. The sentence of imprisonment, other than for

 

 

10100HB3584sam001- 61 -LRB101 08458 RLC 59918 a

1second degree murder, shall be a determinate sentence of not
2less than 4 years and not more than 15 years, subject to
3Section 5-4.5-115 5-4.5-110 of this Code. The sentence of
4imprisonment for second degree murder shall be a determinate
5sentence of not less than 4 years and not more than 20 years,
6subject to Section 5-4.5-115 5-4.5-110 of this Code. The
7sentence of imprisonment for an extended term Class 1 felony,
8as provided in Section 5-8-2 (730 ILCS 5/5-8-2), subject to
9Section 5-4.5-115 5-4.5-110 of this Code, shall be a term not
10less than 15 years and not more than 30 years.
11    (b) PERIODIC IMPRISONMENT. A sentence of periodic
12imprisonment shall be for a definite term of from 3 to 4 years,
13except as otherwise provided in Section 5-5-3 or 5-7-1 (730
14ILCS 5/5-5-3 or 5/5-7-1).
15    (c) IMPACT INCARCERATION. See Sections 5-8-1.1 and 5-8-1.2
16(730 ILCS 5/5-8-1.1 and 5/5-8-1.2) concerning eligibility for
17the impact incarceration program or the county impact
18incarceration program.
19    (d) PROBATION; CONDITIONAL DISCHARGE. Except as provided
20in Section 5-5-3 or 5-6-2 (730 ILCS 5/5-5-3 or 5/5-6-2), the
21period of probation or conditional discharge shall not exceed 4
22years. The court shall specify the conditions of probation or
23conditional discharge as set forth in Section 5-6-3 (730 ILCS
245/5-6-3). In no case shall an offender be eligible for a
25disposition of probation or conditional discharge for a Class 1
26felony committed while he or she was serving a term of

 

 

10100HB3584sam001- 62 -LRB101 08458 RLC 59918 a

1probation or conditional discharge for a felony.
2    (e) FINE. Fines may be imposed as provided in Section
35-4.5-50(b) (730 ILCS 5/5-4.5-50(b)).
4    (f) RESTITUTION. See Section 5-5-6 (730 ILCS 5/5-5-6)
5concerning restitution.
6    (g) CONCURRENT OR CONSECUTIVE SENTENCE. The sentence shall
7be concurrent or consecutive as provided in Section 5-8-4 (730
8ILCS 5/5-8-4) and Section 5-4.5-50 (730 ILCS 5/5-4.5-50).
9    (h) DRUG COURT. See Section 20 of the Drug Court Treatment
10Act (730 ILCS 166/20) concerning eligibility for a drug court
11program.
12    (i) CREDIT FOR HOME DETENTION. See Section 5-4.5-100 (730
13ILCS 5/5-4.5-100) concerning credit for time spent in home
14detention prior to judgment.
15    (j) SENTENCE CREDIT. See Section 3-6-3 of this Code (730
16ILCS 5/3-6-3) or the County Jail Good Behavior Allowance Act
17(730 ILCS 130/) for rules and regulations for sentence credit.
18    (k) ELECTRONIC MONITORING AND HOME DETENTION. See Section
195-8A-3 (730 ILCS 5/5-8A-3) concerning eligibility for
20electronic monitoring and home detention.
21    (l) PAROLE; MANDATORY SUPERVISED RELEASE. Except as
22provided in Section 3-3-8 or 5-8-1 (730 ILCS 5/3-3-8 or
235/5-8-1), the parole or mandatory supervised release term shall
24be 2 years upon release from imprisonment.
25(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19;
26revised 4-3-19.)
 

 

 

10100HB3584sam001- 63 -LRB101 08458 RLC 59918 a

1    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
2    (Text of Section before amendment by P.A. 100-1182)
3    Sec. 5-8-1. Natural life imprisonment; enhancements for
4use of a firearm; mandatory supervised release terms.
5    (a) Except as otherwise provided in the statute defining
6the offense or in Article 4.5 of Chapter V, a sentence of
7imprisonment for a felony shall be a determinate sentence set
8by the court under this Section, according to the following
9limitations:
10        (1) for first degree murder,
11            (a) (blank),
12            (b) if a trier of fact finds beyond a reasonable
13        doubt that the murder was accompanied by exceptionally
14        brutal or heinous behavior indicative of wanton
15        cruelty or, except as set forth in subsection (a)(1)(c)
16        of this Section, that any of the aggravating factors
17        listed in subsection (b) or (b-5) of Section 9-1 of the
18        Criminal Code of 1961 or the Criminal Code of 2012 are
19        present, the court may sentence the defendant, subject
20        to Section 5-4.5-105, to a term of natural life
21        imprisonment, or
22            (c) the court shall sentence the defendant to a
23        term of natural life imprisonment if the defendant, at
24        the time of the commission of the murder, had attained
25        the age of 18, and

 

 

10100HB3584sam001- 64 -LRB101 08458 RLC 59918 a

1                (i) has previously been convicted of first
2            degree murder under any state or federal law, or
3                (ii) is found guilty of murdering more than one
4            victim, or
5                (iii) is found guilty of murdering a peace
6            officer, fireman, or emergency management worker
7            when the peace officer, fireman, or emergency
8            management worker was killed in the course of
9            performing his official duties, or to prevent the
10            peace officer or fireman from performing his
11            official duties, or in retaliation for the peace
12            officer, fireman, or emergency management worker
13            from performing his official duties, and the
14            defendant knew or should have known that the
15            murdered individual was a peace officer, fireman,
16            or emergency management worker, or
17                (iv) is found guilty of murdering an employee
18            of an institution or facility of the Department of
19            Corrections, or any similar local correctional
20            agency, when the employee was killed in the course
21            of performing his official duties, or to prevent
22            the employee from performing his official duties,
23            or in retaliation for the employee performing his
24            official duties, or
25                (v) is found guilty of murdering an emergency
26            medical technician - ambulance, emergency medical

 

 

10100HB3584sam001- 65 -LRB101 08458 RLC 59918 a

1            technician - intermediate, emergency medical
2            technician - paramedic, ambulance driver or other
3            medical assistance or first aid person while
4            employed by a municipality or other governmental
5            unit when the person was killed in the course of
6            performing official duties or to prevent the
7            person from performing official duties or in
8            retaliation for performing official duties and the
9            defendant knew or should have known that the
10            murdered individual was an emergency medical
11            technician - ambulance, emergency medical
12            technician - intermediate, emergency medical
13            technician - paramedic, ambulance driver, or other
14            medical assistant or first aid personnel, or
15                (vi) (blank), or
16                (vii) is found guilty of first degree murder
17            and the murder was committed by reason of any
18            person's activity as a community policing
19            volunteer or to prevent any person from engaging in
20            activity as a community policing volunteer. For
21            the purpose of this Section, "community policing
22            volunteer" has the meaning ascribed to it in
23            Section 2-3.5 of the Criminal Code of 2012.
24            For purposes of clause (v), "emergency medical
25        technician - ambulance", "emergency medical technician -
26         intermediate", "emergency medical technician -

 

 

10100HB3584sam001- 66 -LRB101 08458 RLC 59918 a

1        paramedic", have the meanings ascribed to them in the
2        Emergency Medical Services (EMS) Systems Act.
3            (d) (i) if the person committed the offense while
4            armed with a firearm, 15 years shall be added to
5            the term of imprisonment imposed by the court;
6                (ii) if, during the commission of the offense,
7            the person personally discharged a firearm, 20
8            years shall be added to the term of imprisonment
9            imposed by the court;
10                (iii) if, during the commission of the
11            offense, the person personally discharged a
12            firearm that proximately caused great bodily harm,
13            permanent disability, permanent disfigurement, or
14            death to another person, 25 years or up to a term
15            of natural life shall be added to the term of
16            imprisonment imposed by the court.
17        (2) (blank);
18        (2.5) for a person who has attained the age of 18 years
19    at the time of the commission of the offense and who is
20    convicted under the circumstances described in subdivision
21    (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
22    (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
23    or paragraph (2) of subsection (d) of Section 12-14,
24    subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
25    of subsection (b) of Section 12-14.1, subdivision (b)(2) of
26    Section 11-1.40 or paragraph (2) of subsection (b) of

 

 

10100HB3584sam001- 67 -LRB101 08458 RLC 59918 a

1    Section 12-14.1 of the Criminal Code of 1961 or the
2    Criminal Code of 2012, the sentence shall be a term of
3    natural life imprisonment.
4    (b) (Blank).
5    (c) (Blank).
6    (d) Subject to earlier termination under Section 3-3-8, the
7parole or mandatory supervised release term shall be written as
8part of the sentencing order and shall be as follows:
9        (1) for first degree murder or a Class X felony except
10    for the offenses of predatory criminal sexual assault of a
11    child, aggravated criminal sexual assault, and criminal
12    sexual assault if committed on or after the effective date
13    of this amendatory Act of the 94th General Assembly and
14    except for the offense of aggravated child pornography
15    under Section 11-20.1B, 11-20.3, or 11-20.1 with
16    sentencing under subsection (c-5) of Section 11-20.1 of the
17    Criminal Code of 1961 or the Criminal Code of 2012, if
18    committed on or after January 1, 2009, 3 years;
19        (2) for a Class 1 felony or a Class 2 felony except for
20    the offense of criminal sexual assault if committed on or
21    after the effective date of this amendatory Act of the 94th
22    General Assembly and except for the offenses of manufacture
23    and dissemination of child pornography under clauses
24    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
25    of 1961 or the Criminal Code of 2012, if committed on or
26    after January 1, 2009, 2 years;

 

 

10100HB3584sam001- 68 -LRB101 08458 RLC 59918 a

1        (3) for a Class 3 felony or a Class 4 felony, 1 year;
2        (4) for defendants who commit the offense of predatory
3    criminal sexual assault of a child, aggravated criminal
4    sexual assault, or criminal sexual assault, on or after the
5    effective date of this amendatory Act of the 94th General
6    Assembly, or who commit the offense of aggravated child
7    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
8    with sentencing under subsection (c-5) of Section 11-20.1
9    of the Criminal Code of 1961 or the Criminal Code of 2012,
10    manufacture of child pornography, or dissemination of
11    child pornography after January 1, 2009, the term of
12    mandatory supervised release shall range from a minimum of
13    3 years to a maximum of the natural life of the defendant;
14        (5) if the victim is under 18 years of age, for a
15    second or subsequent offense of aggravated criminal sexual
16    abuse or felony criminal sexual abuse, 4 years, at least
17    the first 2 years of which the defendant shall serve in an
18    electronic monitoring or home detention program under
19    Article 8A of Chapter V of this Code;
20        (6) for a felony domestic battery, aggravated domestic
21    battery, stalking, aggravated stalking, and a felony
22    violation of an order of protection, 4 years.
23    (e) (Blank).
24    (f) (Blank).
25(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431,
26eff. 8-25-17.)
 

 

 

10100HB3584sam001- 69 -LRB101 08458 RLC 59918 a

1    (Text of Section after amendment by P.A. 100-1182)
2    Sec. 5-8-1. Natural life imprisonment; enhancements for
3use of a firearm; mandatory supervised release terms.
4    (a) Except as otherwise provided in the statute defining
5the offense or in Article 4.5 of Chapter V, a sentence of
6imprisonment for a felony shall be a determinate sentence set
7by the court under this Section, subject to Section 5-4.5-115
85-4.5-110 of this Code, according to the following limitations:
9        (1) for first degree murder,
10            (a) (blank),
11            (b) if a trier of fact finds beyond a reasonable
12        doubt that the murder was accompanied by exceptionally
13        brutal or heinous behavior indicative of wanton
14        cruelty or, except as set forth in subsection (a)(1)(c)
15        of this Section, that any of the aggravating factors
16        listed in subsection (b) or (b-5) of Section 9-1 of the
17        Criminal Code of 1961 or the Criminal Code of 2012 are
18        present, the court may sentence the defendant, subject
19        to Section 5-4.5-105, to a term of natural life
20        imprisonment, or
21            (c) the court shall sentence the defendant to a
22        term of natural life imprisonment if the defendant, at
23        the time of the commission of the murder, had attained
24        the age of 18, and
25                (i) has previously been convicted of first

 

 

10100HB3584sam001- 70 -LRB101 08458 RLC 59918 a

1            degree murder under any state or federal law, or
2                (ii) is found guilty of murdering more than one
3            victim, or
4                (iii) is found guilty of murdering a peace
5            officer, fireman, or emergency management worker
6            when the peace officer, fireman, or emergency
7            management worker was killed in the course of
8            performing his official duties, or to prevent the
9            peace officer or fireman from performing his
10            official duties, or in retaliation for the peace
11            officer, fireman, or emergency management worker
12            from performing his official duties, and the
13            defendant knew or should have known that the
14            murdered individual was a peace officer, fireman,
15            or emergency management worker, or
16                (iv) is found guilty of murdering an employee
17            of an institution or facility of the Department of
18            Corrections, or any similar local correctional
19            agency, when the employee was killed in the course
20            of performing his official duties, or to prevent
21            the employee from performing his official duties,
22            or in retaliation for the employee performing his
23            official duties, or
24                (v) is found guilty of murdering an emergency
25            medical technician - ambulance, emergency medical
26            technician - intermediate, emergency medical

 

 

10100HB3584sam001- 71 -LRB101 08458 RLC 59918 a

1            technician - paramedic, ambulance driver or other
2            medical assistance or first aid person while
3            employed by a municipality or other governmental
4            unit when the person was killed in the course of
5            performing official duties or to prevent the
6            person from performing official duties or in
7            retaliation for performing official duties and the
8            defendant knew or should have known that the
9            murdered individual was an emergency medical
10            technician - ambulance, emergency medical
11            technician - intermediate, emergency medical
12            technician - paramedic, ambulance driver, or other
13            medical assistant or first aid personnel, or
14                (vi) (blank), or
15                (vii) is found guilty of first degree murder
16            and the murder was committed by reason of any
17            person's activity as a community policing
18            volunteer or to prevent any person from engaging in
19            activity as a community policing volunteer. For
20            the purpose of this Section, "community policing
21            volunteer" has the meaning ascribed to it in
22            Section 2-3.5 of the Criminal Code of 2012.
23            For purposes of clause (v), "emergency medical
24        technician - ambulance", "emergency medical technician -
25         intermediate", "emergency medical technician -
26        paramedic", have the meanings ascribed to them in the

 

 

10100HB3584sam001- 72 -LRB101 08458 RLC 59918 a

1        Emergency Medical Services (EMS) Systems Act.
2            (d) (i) if the person committed the offense while
3            armed with a firearm, 15 years shall be added to
4            the term of imprisonment imposed by the court;
5                (ii) if, during the commission of the offense,
6            the person personally discharged a firearm, 20
7            years shall be added to the term of imprisonment
8            imposed by the court;
9                (iii) if, during the commission of the
10            offense, the person personally discharged a
11            firearm that proximately caused great bodily harm,
12            permanent disability, permanent disfigurement, or
13            death to another person, 25 years or up to a term
14            of natural life shall be added to the term of
15            imprisonment imposed by the court.
16        (2) (blank);
17        (2.5) for a person who has attained the age of 18 years
18    at the time of the commission of the offense and who is
19    convicted under the circumstances described in subdivision
20    (b)(1)(B) of Section 11-1.20 or paragraph (3) of subsection
21    (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30
22    or paragraph (2) of subsection (d) of Section 12-14,
23    subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2)
24    of subsection (b) of Section 12-14.1, subdivision (b)(2) of
25    Section 11-1.40 or paragraph (2) of subsection (b) of
26    Section 12-14.1 of the Criminal Code of 1961 or the

 

 

10100HB3584sam001- 73 -LRB101 08458 RLC 59918 a

1    Criminal Code of 2012, the sentence shall be a term of
2    natural life imprisonment.
3    (b) (Blank).
4    (c) (Blank).
5    (d) Subject to earlier termination under Section 3-3-8, the
6parole or mandatory supervised release term shall be written as
7part of the sentencing order and shall be as follows:
8        (1) for first degree murder or a Class X felony except
9    for the offenses of predatory criminal sexual assault of a
10    child, aggravated criminal sexual assault, and criminal
11    sexual assault if committed on or after the effective date
12    of this amendatory Act of the 94th General Assembly and
13    except for the offense of aggravated child pornography
14    under Section 11-20.1B, 11-20.3, or 11-20.1 with
15    sentencing under subsection (c-5) of Section 11-20.1 of the
16    Criminal Code of 1961 or the Criminal Code of 2012, if
17    committed on or after January 1, 2009, 3 years;
18        (2) for a Class 1 felony or a Class 2 felony except for
19    the offense of criminal sexual assault if committed on or
20    after the effective date of this amendatory Act of the 94th
21    General Assembly and except for the offenses of manufacture
22    and dissemination of child pornography under clauses
23    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
24    of 1961 or the Criminal Code of 2012, if committed on or
25    after January 1, 2009, 2 years;
26        (3) for a Class 3 felony or a Class 4 felony, 1 year;

 

 

10100HB3584sam001- 74 -LRB101 08458 RLC 59918 a

1        (4) for defendants who commit the offense of predatory
2    criminal sexual assault of a child, aggravated criminal
3    sexual assault, or criminal sexual assault, on or after the
4    effective date of this amendatory Act of the 94th General
5    Assembly, or who commit the offense of aggravated child
6    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
7    with sentencing under subsection (c-5) of Section 11-20.1
8    of the Criminal Code of 1961 or the Criminal Code of 2012,
9    manufacture of child pornography, or dissemination of
10    child pornography after January 1, 2009, the term of
11    mandatory supervised release shall range from a minimum of
12    3 years to a maximum of the natural life of the defendant;
13        (5) if the victim is under 18 years of age, for a
14    second or subsequent offense of aggravated criminal sexual
15    abuse or felony criminal sexual abuse, 4 years, at least
16    the first 2 years of which the defendant shall serve in an
17    electronic monitoring or home detention program under
18    Article 8A of Chapter V of this Code;
19        (6) for a felony domestic battery, aggravated domestic
20    battery, stalking, aggravated stalking, and a felony
21    violation of an order of protection, 4 years.
22    (e) (Blank).
23    (f) (Blank).
24(Source: P.A. 99-69, eff. 1-1-16; 99-875, eff. 1-1-17; 100-431,
25eff. 8-25-17; 100-1182, eff. 6-1-19; revised 4-3-19.)
 

 

 

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1    Section 15. The Open Parole Hearings Act is amended by
2changing Sections 10 and 25 as follows:
 
3    (730 ILCS 105/10)  (from Ch. 38, par. 1660)
4    Sec. 10. Victim Victim's statements.
5    (a) The Board shall receive and consider victim statements.
6    (a-5) Pursuant to paragraph (19) of subsection (b) of
7Section 4.5 of the Rights of Crime Victims and Witnesses Act
8Upon request of the victim, the State's Attorney shall forward
9a copy of any statement presented at the time of trial to the
10Prisoner Review Board to be considered at the time of a parole
11hearing.
12    (b) The victim has the right to submit a victim statement
13for consideration by the Prisoner Review Board in writing, on
14film, videotape, or other electronic means, or in the form of a
15recording prior to the parole hearing, or orally at the parole
16hearing, or by calling the toll-free number established in
17subsection (f) of Section 4.5 of the Rights of Crime Victims
18and Witnesses Act. Victim statements shall not be considered
19public documents under provisions of the Freedom of Information
20Act.
21    (b-5) Other than as provided in subsection (c), the Board
22shall not release any material to the inmate, the inmate's
23attorney, any third party, or any other person that contains
24any information from a victim who has provided a victim
25statement to the Board, unless provided with a waiver from that

 

 

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1victim. The Board shall not release the names or addresses of
2any person on its victim registry to any other person except
3the victim, a law enforcement agency, or other victim
4notification system. Victim statements provided to the Board
5shall be confidential and privileged, including any statements
6received prior to the effective date of this amendatory Act of
7the 101st General Assembly, except if the statement was an oral
8statement made by the victim at a hearing open to the public.
9    (c) The inmate or his or her attorney shall be informed of
10the existence of a victim statement and its contents under
11provisions of Board rules. This shall not be construed to
12permit disclosure to an inmate of any information which might
13result in the risk of threats or physical harm to a victim or
14complaining witness.
15    (d) The inmate shall be given the opportunity to answer a
16victim statement, either orally or in writing.
17    (e) All victim statements, except if the statement was an
18oral statement made by the victim at a hearing open to the
19public, shall be part of the applicant's, releasee's, or
20parolee's parole file. The victim may enter a statement either
21oral, written, on video tape, or other electronic means in the
22form and manner described by the Prisoner Review Board to be
23considered at the time of a parole consideration hearing.
24(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
 
25    (730 ILCS 105/25)  (from Ch. 38, par. 1675)

 

 

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1    Sec. 25. Notification of future parole hearings.
2    (a) The Board shall notify the State's Attorney of the
3committing county of the pending hearing and the victim of all
4forthcoming parole hearings at least 15 days in advance.
5Written notification shall contain:
6        (1) notification of the place of the hearing;
7        (2) the date and approximate time of the hearing;
8        (3) their right to enter a statement, to appear in
9    person, and to submit other information by video tape, tape
10    recording, or other electronic means in the form and manner
11    described by the Board or if a victim of a violent crime as
12    defined in subsection (c) of Section 3 of the Rights of
13    Crime Victims and Witnesses Act, by calling the toll-free
14    number established in subsection (f) of Section 4.5 of the
15    Rights of Crime Victims and Witnesses Act subsection (f) of
16    that Section.
17    Notification to the victims shall be at the last known
18address of the victim. It shall be the responsibility of the
19victim to notify the board of any changes in address and name.
20    (b) However, at any time the victim may request by a
21written certified statement that the Prisoner Review Board stop
22sending notice under this Section.
23    (c) (Blank).
24    (d) No later than 7 days after a parole hearing the Board
25shall send notice of its decision to the State's Attorney and
26victim. If parole is denied, the Board shall within a

 

 

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1reasonable period of time notify the victim of the month and
2year of the next scheduled hearing.
3(Source: P.A. 93-235, eff. 7-22-03.)
 
4    (730 ILCS 105/35 rep.)
5    Section 20. The Open Parole Hearings Act is amended by
6repealing Section 35.
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.".