Full Text of SB1275 102nd General Assembly
SB1275sam001 102ND GENERAL ASSEMBLY | Sen. Steve McClure Filed: 4/15/2021
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| 1 | | AMENDMENT TO SENATE BILL 1275
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1275 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 3-3-1 as follows:
| 6 | | (730 ILCS 5/3-3-1) (from Ch. 38, par. 1003-3-1)
| 7 | | Sec. 3-3-1. Establishment and appointment of Prisoner | 8 | | Review Board.
| 9 | | (a) There shall be a Prisoner Review Board independent of | 10 | | the Department
which shall be:
| 11 | | (1) the paroling authority for persons sentenced under | 12 | | the
law in effect prior to the effective date of this | 13 | | amendatory
Act of 1977;
| 14 | | (1.2) the paroling authority for persons eligible for | 15 | | parole review under Section 5-4.5-115; | 16 | | (1.5) (blank); |
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| 1 | | (2) the board of review for cases involving the | 2 | | revocation
of sentence credits or a suspension or | 3 | | reduction in the
rate of accumulating the credit;
| 4 | | (3) the board of review and recommendation for the | 5 | | exercise
of executive clemency by the Governor;
| 6 | | (4) the authority for establishing release dates for
| 7 | | certain prisoners sentenced under the law in existence | 8 | | prior
to the effective date of this amendatory Act of | 9 | | 1977, in
accordance with Section 3-3-2.1 of this Code;
| 10 | | (5) the authority for setting conditions for parole | 11 | | and
mandatory supervised release under Section 5-8-1(a) of | 12 | | this
Code, and determining whether a violation of those | 13 | | conditions
warrant revocation of parole or mandatory | 14 | | supervised release
or the imposition of other sanctions; | 15 | | and | 16 | | (6) the authority for determining whether a violation | 17 | | of aftercare release conditions warrant revocation of | 18 | | aftercare release.
| 19 | | (b) The Board shall consist of 15 persons appointed by
the | 20 | | Governor by and with the advice and consent of the Senate.
One | 21 | | member of the Board shall be designated by the Governor
to be | 22 | | Chairman and shall serve as Chairman at the pleasure of
the | 23 | | Governor. The members of the Board shall have had at
least 5 | 24 | | years of actual experience in the fields of penology,
| 25 | | corrections work, law enforcement, sociology, law, education,
| 26 | | social work, medicine, psychology, other behavioral sciences,
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| 1 | | or a combination thereof. At least 6 members so appointed
must | 2 | | have at least 3 years experience in the field of
juvenile | 3 | | matters. No more than 8 Board members may be members
of the | 4 | | same political party. A person may not serve as a member of the | 5 | | Prisoner Review Board who has been convicted of a felony under | 6 | | the laws of this State, another state, or of the United States.
| 7 | | Each member of the Board shall serve on a full-time basis
| 8 | | and shall not hold any other salaried public office, whether | 9 | | elective or
appointive, nor any other office or position of | 10 | | profit, nor engage in any
other business, employment, or | 11 | | vocation. The Chairman of the Board shall
receive $35,000 a | 12 | | year, or an amount set by the Compensation Review Board,
| 13 | | whichever is greater, and each other member $30,000, or an | 14 | | amount set by the
Compensation Review Board, whichever is | 15 | | greater.
| 16 | | (c) Notwithstanding any other provision of this Section,
| 17 | | the term of each member of the Board
who was appointed by the | 18 | | Governor and is in office on June 30, 2003 shall
terminate at | 19 | | the close of business on that date or when all of the successor
| 20 | | members to be appointed pursuant to this amendatory Act of the | 21 | | 93rd General
Assembly have been appointed by the Governor, | 22 | | whichever occurs later. As soon
as possible, the Governor | 23 | | shall appoint persons to fill the vacancies created
by this | 24 | | amendatory Act.
| 25 | | Of the initial members appointed under this amendatory Act | 26 | | of the 93rd
General Assembly, the Governor shall appoint 5 |
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| 1 | | members whose terms shall expire
on the third Monday
in | 2 | | January 2005, 5 members whose terms shall expire on the
third | 3 | | Monday in January 2007, and 5 members whose terms
shall expire | 4 | | on the third Monday in January 2009. Their respective | 5 | | successors
shall be appointed for terms of 6 years from the | 6 | | third Monday
in January of the year of appointment. Each | 7 | | member shall
serve until his or her successor is appointed and | 8 | | qualified.
| 9 | | Any member may be removed by the Governor for | 10 | | incompetence, neglect of duty,
malfeasance or inability to | 11 | | serve.
| 12 | | (d) The Chairman of the Board shall be its chief executive | 13 | | and
administrative officer. The Board may have an Executive | 14 | | Director; if so,
the Executive Director shall be appointed by | 15 | | the Governor with the advice and
consent of the Senate. The | 16 | | salary and duties of the Executive Director shall
be fixed by | 17 | | the Board.
| 18 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)".
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