Full Text of SB2114 101st General Assembly
SB2114sam001 101ST GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 3/13/2020
| | 10100SB2114sam001 | | LRB101 11222 RLC 70668 a |
|
| 1 | | AMENDMENT TO SENATE BILL 2114
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2114 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Section 3-3-5 and adding Section 3-3-14 as follows:
| 6 | | (730 ILCS 5/3-3-5) (from Ch. 38, par. 1003-3-5)
| 7 | | Sec. 3-3-5. Hearing and determination.
| 8 | | (a) The Prisoner
Review Board shall meet as often as need | 9 | | requires to consider
the cases of persons eligible for parole. | 10 | | Except as otherwise
provided in paragraph (2) of subsection (a) | 11 | | of Section 3-3-2
or Section 3-3-14 of this Act, the Prisoner | 12 | | Review Board may meet and
order its actions in panels of 3 or | 13 | | more members. The action
of a majority of the panel shall be | 14 | | the action of the Board.
| 15 | | (b) If the person under consideration for parole is in the
| 16 | | custody of the Department, at least one member of the Board
|
| | | 10100SB2114sam001 | - 2 - | LRB101 11222 RLC 70668 a |
|
| 1 | | shall interview him or her, and a report of that interview | 2 | | shall be
available for the Board's consideration. However, in | 3 | | the
discretion of the Board, the interview need not be | 4 | | conducted
if a psychiatric examination determines that the | 5 | | person could
not meaningfully contribute to the Board's | 6 | | consideration. The
Board may in its discretion parole a person | 7 | | who is then outside
the jurisdiction on his or her record | 8 | | without an interview. The Board
need not hold a hearing or | 9 | | interview a person who is paroled
under paragraphs (d) or (e) | 10 | | of this Section or released on
Mandatory release under Section | 11 | | 3-3-10.
| 12 | | (c) The Board shall not parole a person eligible for
parole | 13 | | if it determines that:
| 14 | | (1) there is a substantial risk that he or she will not
| 15 | | conform to reasonable conditions of parole or aftercare | 16 | | release; or
| 17 | | (2) his or her release at that time would deprecate the
| 18 | | seriousness of his or her offense or promote disrespect for | 19 | | the law; or
| 20 | | (3) his or her release would have a substantially | 21 | | adverse
effect on institutional discipline.
| 22 | | (d) (Blank).
| 23 | | (e) A person who has served the maximum term of
| 24 | | imprisonment imposed at the time of sentencing less time
credit | 25 | | for good behavior shall be released on parole to
serve a period | 26 | | of parole under Section 5-8-1.
|
| | | 10100SB2114sam001 | - 3 - | LRB101 11222 RLC 70668 a |
|
| 1 | | (f) The Board shall render its decision within a
reasonable | 2 | | time after hearing and shall state the basis
therefor both in | 3 | | the records of the Board and in written
notice to the person on | 4 | | whose application it has acted.
In its decision, the Board | 5 | | shall set the person's time
for parole, or if it denies parole | 6 | | it shall provide for
a rehearing not less frequently than once | 7 | | every
year, except that the Board may,
after denying parole,
| 8 | | schedule a rehearing no later than 5 years from the date of the | 9 | | parole
denial, if the Board finds that it is not reasonable to | 10 | | expect that parole
would be granted at a hearing prior to the | 11 | | scheduled rehearing date. If the
Board shall parole a person, | 12 | | and, if he or she is not released within 90 days from
the | 13 | | effective date of the order granting parole, the matter shall | 14 | | be
returned to the Board for review.
| 15 | | (f-1) If the Board paroles a person who is eligible for | 16 | | commitment as a sexually violent person, the effective date of | 17 | | the Board's order shall be stayed for 90 days for the purpose | 18 | | of evaluation and proceedings under the Sexually Violent | 19 | | Persons Commitment Act. | 20 | | (g) The Board shall maintain a registry of decisions in | 21 | | which parole
has been granted, which shall include the name and | 22 | | case number of the
prisoner, the highest charge for which the | 23 | | prisoner was sentenced, the
length of sentence imposed, the | 24 | | date of the sentence, the date of the
parole, and the basis for | 25 | | the decision of the Board to grant parole and the
vote of the | 26 | | Board on any such decisions. The registry shall be made |
| | | 10100SB2114sam001 | - 4 - | LRB101 11222 RLC 70668 a |
|
| 1 | | available
for public inspection and copying during business | 2 | | hours and shall be a public
record pursuant to the provisions | 3 | | of the Freedom of Information Act.
| 4 | | (h) The Board shall promulgate rules regarding the exercise
| 5 | | of its discretion under this Section.
| 6 | | (Source: P.A. 98-558, eff. 1-1-14; 99-268, eff. 1-1-16; 99-628, | 7 | | eff. 1-1-17 .)
| 8 | | (730 ILCS 5/3-3-14 new) | 9 | | Sec. 3-3-14. Long term imprisonment; petition for parole. | 10 | | (a) A committed person who has attained the age of 60 years | 11 | | and served at least 20 consecutive years of imprisonment or a | 12 | | committed person who has served 30 consecutive years of | 13 | | imprisonment may submit a petition to the Prisoner Review Board | 14 | | seeking parole. | 15 | | (b) The petition shall contain: | 16 | | (1) a statement by the petitioner as to the reasons why | 17 | | the petitioner believes he or she should be paroled, | 18 | | including estimated costs of continuing imprisonment; | 19 | | (2)
documentation of the petitioner's rehabilitation | 20 | | during the period of the petitioner's incarceration, | 21 | | including remorse for his or her criminal behavior, if | 22 | | applicable, and his or her commitment not to recidivate; | 23 | | (3) character references and community support for the | 24 | | petitioner's release; | 25 | | (4) evidence of the petitioner's participation in |
| | | 10100SB2114sam001 | - 5 - | LRB101 11222 RLC 70668 a |
|
| 1 | | educational, vocational, substance abuse, behavior | 2 | | modification programs, life skills courses, re-entry | 3 | | planning, or correctional industry programs and | 4 | | independent efforts at rehabilitation; | 5 | | (5) evidence of the petitioner's employment history in | 6 | | the correctional institution; | 7 | | (6) the petitioner's criminal history; | 8 | | (7) the petitioner's disciplinary history while | 9 | | incarcerated in the correctional institution; and | 10 | | (8) the petitioner's plans for housing upon release | 11 | | from incarceration. | 12 | | If the programs described in paragraph (4) of this | 13 | | subsection (b) or employment opportunities were not available | 14 | | in the correctional institution, the Board shall not penalize | 15 | | the committed person in his or her petition for parole under | 16 | | this Section. | 17 | | (c) Victims' families shall be notified in a timely manner | 18 | | and provided opportunity to participate at the parole
hearing | 19 | | concerning the petitioner's application for parole under this | 20 | | Section in accordance with the Rights of Crime Victims and | 21 | | Witnesses Act, the Open Parole Hearings Act, and this Article. | 22 | | (d) Prisoner Review Board hearings under this Section shall | 23 | | be conducted by a panel of at least 8 members of the Board and a | 24 | | majority vote of the panel is required to grant the petition | 25 | | and release the petitioner on parole. | 26 | | (e) When parole is denied under this Section a written |
| | | 10100SB2114sam001 | - 6 - | LRB101 11222 RLC 70668 a |
|
| 1 | | statement shall be submitted by the Board that shall include | 2 | | when the petitioner is eligible to reapply for parole under | 3 | | this Section; which hearing shall be held no later than 3 years | 4 | | after denial of parole. ".
|
|