Illinois General Assembly - Full Text of HB2399
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Full Text of HB2399  102nd General Assembly


Rep. Carol Ammons

Filed: 4/15/2021





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2    AMENDMENT NO. ______. Amend House Bill 2399 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Preamble. In recognition of the historical
5harms of systemic racism and overly punitive sentencing, as
6well as concerns to address mass incarceration and safely
7reduce the prison population, this Act is needed to ensure
8that persons are not serving excessive sentences with no
9public benefit. By utilizing and extending existing review
10mechanisms, this Act will reduce unnecessary incarceration,
11reduce costs of incarceration, provide incentive to people
12with long sentences to prepare for productive lives, make
13prisons safer for incarcerated persons and prison staff, and
14help bring the State in compliance with Section 11 of Article I
15of the Illinois Constitution, which mandates that all
16penalties aim to restore incarcerated people to useful



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1    Section 5. The Unified Code of Corrections is amended by
2changing Sections 3-3-3 and 3-5-1 and by adding Section
33-3-3.1 as follows:
4    (730 ILCS 5/3-3-3)  (from Ch. 38, par. 1003-3-3)
5    Sec. 3-3-3. Eligibility for parole or release.
6    (a) Except as otherwise provided in Section 3-3-3.1 and
7except Except for those offenders who accept the fixed release
8date established by the Prisoner Review Board under Section
93-3-2.1, every person serving a term of imprisonment under the
10law in effect prior to the effective date of this amendatory
11Act of 1977 shall be eligible for parole when he or she has
13        (1) the minimum term of an indeterminate sentence less
14    time credit for good behavior, or 20 years less time
15    credit for good behavior, whichever is less; or
16        (2) 20 years of a life sentence less time credit for
17    good behavior; or
18        (3) 20 years or one-third of a determinate sentence,
19    whichever is less, less time credit for good behavior.
20    (b) Except as otherwise provided in Section 3-3-3.1, no No
21person sentenced under this amendatory Act of 1977 or who
22accepts a release date under Section 3-3-2.1 shall be eligible
23for parole.
24    (c) Except as otherwise provided in Section 3-3-3.1, and



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1except Except for those sentenced to a term of natural life
2imprisonment, every person sentenced to imprisonment under
3this amendatory Act of 1977 or given a release date under
4Section 3-3-2.1 of this Act shall serve the full term of a
5determinate sentence less time credit for good behavior and
6shall then be released under the mandatory supervised release
7provisions of paragraph (d) of Section 5-8-1 of this Code.
8    (d) (Blank). No person serving a term of natural life
9imprisonment may be paroled or released except through
10executive clemency.
11    (e) Every person committed to the Department of Juvenile
12Justice under the Juvenile Court Act of 1987 and confined in
13the State correctional institutions or facilities if such
14juvenile has not been tried as an adult shall be eligible for
15aftercare release under Section 3-2.5-85 of this Code.
16However, if a juvenile has been tried as an adult he or she
17shall only be eligible for parole or mandatory supervised
18release as an adult under this Section.
19(Source: P.A. 98-558, eff. 1-1-14; 99-628, eff. 1-1-17.)
20    (730 ILCS 5/3-3-3.1 new)
21    Sec. 3-3-3.1. Earned discretionary reentry; earned
22discretionary reentry hearings; sentences of 20 years or
23longer; life imprisonment; reentry.
24    (a) Notwithstanding to the contrary, any provision of this
25Code, Article 122 of the Code of Criminal Procedure of 1963, or



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1Article X or Section 2-1401 of the Code of Civil Procedure, a
2person serving terms of imprisonment, including terms of
3natural life, in a Department of Corrections institution or
4facility is eligible for earned discretionary reentry under
5this Article if he or she has served a term of imprisonment of
6at least 20 years. Petitions for earned discretionary reentry
7shall be administered by the Prisoner Review Board.
8    (b) The Prisoner Review Board shall contact persons
9eligible for earned discretionary reentry and conduct hearings
10to determine whether they shall obtain earned discretionary
11reentry as provided by this Article and the Open Parole
12Hearings Act unless otherwise specified in this Section.
13    (c) For a period of 3 years following the effective date of
14this amendatory Act of the 102nd General Assembly, candidates
15must be 50 years of age or older and must have been
16incarcerated for at least 20 years. After 3 years, this age
17limitation shall not apply.
18    (d) Victims and victims' families shall be notified in a
19timely manner and provided an opportunity to participate in
20the hearing in accordance with the Rights of Crime Victims and
21Witnesses Act, the Open Parole Hearings Act, and this Article.
22    (e) In determining whether a candidate should obtain
23earned discretionary reentry, the Prisoner Review Board shall
24consider the following factors:
25        (1) a statement, oral or written, by the candidate as
26    to the reasons why he or she should obtain earned



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1    discretionary reentry;
2        (2) any of evidence of the candidate's rehabilitation
3    during the period of his or her incarceration, including
4    remorse for any criminal acts, if applicable;
5        (3) any evidence of the likelihood that the candidate
6    will not recidivate;
7        (4) any character references, letters of support from
8    family or community members, or references by staff,
9    volunteers, or incarcerated persons in the Department of
10    Corrections;
11        (5) any evidence of the candidate's participation in
12    educational, vocational, substance abuse, behavior
13    modification, life skills, or reentry planning programs;
14        (6) the candidate's disciplinary record while
15    incarcerated;
16        (7) the candidate's employment history while
17    incarcerated;
18        (8) the candidate's criminal history; and
19        (9) the candidate's parole plan, including plans for
20    housing, employment, and community support upon release
21    from incarceration; and
22    (f) If the programs or employment opportunities described
23in this Section were not available to this candidate, the
24Board shall not penalize the candidate for failure to
25participate in them; nor shall the board penalize a candidate
26for choosing not to work for the Department of Corrections;



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1nor shall the Board penalize a candidate for maintaining his
2or her claim of innocence.
3    (g) Hearings under this Section shall be conducted by a
4panel of at least 3 members of the Board. A majority vote of
5the members present and voting at the hearing is required to
6grant the petition and release the candidate.
7    (h) If earned discretionary reentry is denied under this
8Section, the Board shall provide a written statement to the
9candidate that shall include the reasons for the denial, what
10the candidate must accomplish to attain earned discretionary
11reentry in the future; and when the candidate is eligible to
12reapply for earned discretionary reentry, which shall be no
13later than 2 years after the denial. The candidate may seek a
14continuance of up to 2 additional years.
15    (i) An incarcerated person described in this Section may
16not be barred from any programming because his or her maximum
17out date is not in the near future.
18    (j) Every incarcerated person described in this Section
19may bring legal counsel or an advocate of his or her choice to
20the earned discretionary reentry hearing.
21    (k) Every incarcerated person described in this Section
22may attend and testify at his or her earned discretionary
23reentry hearing in person or by video-conference or may have
24counsel or an advocate read a statement.
25    (l) Every incarcerated person described in this Section
26shall be provided full and complete access to his or her master



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1record file, with the exception of the names of verified
2confidential informants, at least 60 days prior to any earned
3discretionary reentry hearing. The incarcerated person has a
4right to challenge any false, misleading, or otherwise
5inaccurate information contained therein. The Department of
6Corrections shall establish an expedited process for
7incarcerated persons to challenge such false, misleading, or
8otherwise inaccurate information so that it can be removed
9prior to any earned discretionary reentry hearing. Every
10incarcerated person described in this section may have counsel
11assist them in challenging inaccurate information.
12    (m) If any incarcerated person is released on earned
13discretionary reentry, his or her sentence shall be considered
14complete after the term of mandatory supervised release.
15    (n) This Section applies retroactively to every person
16currently serving a term of imprisonment in a Department of
17Corrections institution or facility, which is necessary in
18order to serve the important objectives listed in the
19preamble, including that of restoring incarcerated individuals
20to useful citizenship, as required by Section 11 of Article 1
21of the Illinois Constitution.
22    (o) Nothing in this Section guarantees release. It only
23provides the opportunity for the incarcerated person to
24demonstrate his or her readiness to obtain earned
25discretionary reentry.



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1    (730 ILCS 5/3-5-1)  (from Ch. 38, par. 1003-5-1)
2    Sec. 3-5-1. Master Record File.
3    (a) The Department of Corrections and the Department of
4Juvenile Justice shall maintain a master record file on each
5person committed to it, which shall contain the following
7        (1) all information from the committing court;
8        (1.5) ethnic and racial background data collected in
9    accordance with Section 4.5 of the Criminal Identification
10    Act;
11        (2) reception summary;
12        (3) evaluation and assignment reports and
13    recommendations;
14        (4) reports as to program assignment and progress;
15        (5) reports of disciplinary infractions and
16    disposition, including tickets and Administrative Review
17    Board action;
18        (6) any parole or aftercare release plan;
19        (7) any parole or aftercare release reports;
20        (8) the date and circumstances of final discharge;
21        (9) criminal history;
22        (10) current and past gang affiliations and ranks;
23        (11) information regarding associations and family
24    relationships;
25        (12) any grievances filed and responses to those
26    grievances; and



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1        (13) other information that the respective Department
2    determines is relevant to the secure confinement and
3    rehabilitation of the committed person.
4    (b) Except as otherwise provided in Section 3-3-3.1, all
5All files shall be confidential and access shall be limited to
6authorized personnel of the respective Department. Personnel
7of other correctional, welfare or law enforcement agencies may
8have access to files under rules and regulations of the
9respective Department. The respective Department shall keep a
10record of all outside personnel who have access to files, the
11files reviewed, any file material copied, and the purpose of
12access. If the respective Department or the Prisoner Review
13Board makes a determination under this Code which affects the
14length of the period of confinement or commitment, the
15committed person and his counsel shall be advised of factual
16information relied upon by the respective Department or Board
17to make the determination, provided that the Department or
18Board shall not be required to advise a person committed to the
19Department of Juvenile Justice any such information which in
20the opinion of the Department of Juvenile Justice or Board
21would be detrimental to his treatment or rehabilitation.
22    (c) The master file shall be maintained at a place
23convenient to its use by personnel of the respective
24Department in charge of the person. When custody of a person is
25transferred from the Department to another department or
26agency, a summary of the file shall be forwarded to the



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1receiving agency with such other information required by law
2or requested by the agency under rules and regulations of the
3respective Department.
4    (d) The master file of a person no longer in the custody of
5the respective Department shall be placed on inactive status
6and its use shall be restricted subject to rules and
7regulations of the Department.
8    (e) All public agencies may make available to the
9respective Department on request any factual data not
10otherwise privileged as a matter of law in their possession in
11respect to individuals committed to the respective Department.
12(Source: P.A. 97-696, eff. 6-22-12; 98-528, eff. 1-1-15;
1398-558, eff. 1-1-14; 98-756, eff. 7-16-14.)
14    Section 97. Severability. The provisions of this Act are
15severable under Section 1.31 of the Statute on Statutes.
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".