Full Text of HB3378 103rd General Assembly
HB3378ham001 103RD GENERAL ASSEMBLY | Rep. Justin Slaughter Filed: 3/20/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3378
| 2 | | AMENDMENT NO. ______. Amend House Bill 3378 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-8 and 3-3-9 as follows:
| 6 | | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| 7 | | Sec. 3-3-8. Length of parole and mandatory supervised
| 8 | | release; discharge. | 9 | | (a) The length of parole
for a person sentenced under the | 10 | | law in effect prior to
the effective date of this amendatory | 11 | | Act of 1977 and the
length of mandatory supervised release for | 12 | | those sentenced
under the law in effect on and after such | 13 | | effective date
shall be as set out in Section 5-8-1 unless | 14 | | sooner terminated
under paragraph (b) of this Section.
| 15 | | (a-1) A person who is serving a term of mandatory | 16 | | supervised release shall receive one day of additional |
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| 1 | | supervision credit for each day of his or her supervision | 2 | | term. Each day of supervision credit shall reduce by one day | 3 | | the person's period of mandatory supervised release. | 4 | | (b) The Prisoner Review Board may enter an order
releasing | 5 | | and discharging one from parole or mandatory
supervised | 6 | | release, and his or her commitment to the Department,
when it | 7 | | determines that he or she is likely to remain at liberty
| 8 | | without committing another offense.
| 9 | | (b-1) Provided that the subject is in compliance with the | 10 | | terms and conditions of his or her parole or mandatory | 11 | | supervised release, the Prisoner Review Board may reduce the | 12 | | period of a parolee or releasee's parole or mandatory | 13 | | supervised release by 90 days upon the parolee or releasee | 14 | | receiving a high school diploma or upon passage of high school | 15 | | equivalency testing during the period of his or her parole or | 16 | | mandatory supervised release. This reduction in the period of | 17 | | a subject's term of parole or mandatory supervised release | 18 | | shall be available only to subjects who have not previously | 19 | | earned a high school diploma or who have not previously passed | 20 | | high school equivalency testing. | 21 | | (b-2) The Prisoner Review Board may release a low-risk and | 22 | | need subject person from mandatory supervised release as | 23 | | determined by an appropriate evidence-based risk and need | 24 | | assessment. | 25 | | (c) The order of discharge shall become effective upon | 26 | | entry of the
order of the Board. The Board shall notify the |
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| 1 | | clerk of the committing
court of the order. Upon receipt of | 2 | | such copy, the clerk shall make an
entry on the record judgment | 3 | | that the sentence or commitment has been
satisfied pursuant to | 4 | | the order.
| 5 | | (d) Rights of the person discharged under this
Section | 6 | | shall be restored under Section 5-5-5.
| 7 | | (Source: P.A. 99-268, eff. 1-1-16; 99-628, eff. 1-1-17; 100-3, | 8 | | eff. 1-1-18 .)"; and
| 9 | | (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
| 10 | | Sec. 3-3-9. Violations; changes of conditions; preliminary
| 11 | | hearing; revocation of parole or mandatory supervised release;
| 12 | | revocation hearing. | 13 | | (a) If prior to expiration or termination of the term of
| 14 | | parole or mandatory supervised release, a person violates a
| 15 | | condition set by the Prisoner Review Board or a condition of | 16 | | parole or
mandatory supervised release under paragraph (1) of | 17 | | subsection (a) of Section 3-3-7 of this Code or for a fourth or | 18 | | subsequent violation of any of paragraphs (2) through (21) of | 19 | | subsection (a) of Section 3-3-7 resulting in revocation of | 20 | | parole or mandatory supervised release, the Board may revoke | 21 | | the parole or mandatory supervised release term and reconfine | 22 | | the person for a term computed in the following manner. Each | 23 | | subsequent violation must have been committed after the | 24 | | completion of the revocation process for the preceding | 25 | | violation. In such cases to govern that
term,
the Board may:
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| 1 | | (1) continue the existing term, with or without | 2 | | modifying or
enlarging the conditions; or
| 3 | | (1.5) for those released as a result of youthful | 4 | | offender parole as set forth in Section 5-4.5-115 of this | 5 | | Code, order that the inmate be subsequently rereleased to | 6 | | serve a specified mandatory supervised release term not to | 7 | | exceed the full term permitted under the provisions of | 8 | | Section 5-4.5-115 and subsection (d) of Section 5-8-1 of | 9 | | this Code and may modify or enlarge the conditions of the | 10 | | release as the Board deems proper; or | 11 | | (2) parole or release the person to a half-way house; | 12 | | or
| 13 | | (3) revoke the parole or mandatory supervised release | 14 | | and
reconfine the person for a term computed in the | 15 | | following
manner:
| 16 | | (i) (A) For those sentenced under the law in | 17 | | effect prior to
this amendatory Act of 1977, the | 18 | | recommitment shall be for any
portion of the imposed | 19 | | maximum term of imprisonment or confinement
which had | 20 | | not been served at the time of parole and the parole
| 21 | | term, less the time elapsed between the parole of the | 22 | | person and
the commission of the violation for which | 23 | | parole was revoked;
| 24 | | (B) Except as set forth in paragraphs (C) and (D), | 25 | | for
those subject to mandatory supervised release | 26 | | under
paragraph (d) of Section 5-8-1 of this Code, the |
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| 1 | | recommitment
shall be for the total mandatory | 2 | | supervised release term, less
the time elapsed between | 3 | | the release of the person and the
commission of the | 4 | | violation for which mandatory supervised
release is | 5 | | revoked. The Board may also order that a prisoner
| 6 | | serve up to one year of the sentence imposed by the | 7 | | court which
was not served due to the accumulation of | 8 | | sentence credit;
| 9 | | (C) For those subject to sex offender supervision | 10 | | under clause (d)(4) of Section 5-8-1 of this Code, the | 11 | | reconfinement period for violations of clauses (a)(3) | 12 | | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | 13 | | years from the date of reconfinement;
| 14 | | (D) For those released as a result of youthful | 15 | | offender parole as set forth in Section 5-4.5-115 of | 16 | | this Code, the reconfinement period shall be for the | 17 | | total mandatory supervised release term, less the time | 18 | | elapsed between the release of the person and the | 19 | | commission of the violation for which mandatory | 20 | | supervised release is revoked. The Board may also | 21 | | order that a prisoner serve up to one year of the | 22 | | mandatory supervised release term previously earned. | 23 | | The Board may also order that the inmate be | 24 | | subsequently rereleased to serve a specified mandatory | 25 | | supervised release term not to exceed the full term | 26 | | permitted under the provisions of Section 5-4.5-115 |
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| 1 | | and subsection (d) of Section 5-8-1 of this Code and | 2 | | may modify or enlarge the conditions of the release as | 3 | | the Board deems proper; | 4 | |
(ii) the person shall be given credit against the | 5 | | term of
reimprisonment or reconfinement for time spent | 6 | | in custody
since he or she was paroled or released | 7 | | which has not been credited
against another sentence | 8 | | or period of confinement;
| 9 | |
(iii) (blank);
| 10 | |
(iv) this Section is subject to the release under
| 11 | | supervision and the reparole and rerelease provisions | 12 | | of Section
3-3-10.
| 13 | | (b) The Board may revoke parole or mandatory supervised
| 14 | | release for violation of a condition for the duration of the
| 15 | | term and for any further period which is reasonably necessary
| 16 | | for the adjudication of matters arising before its expiration.
| 17 | | The issuance of a warrant of arrest for an alleged violation
of | 18 | | the conditions of parole or mandatory supervised release
shall | 19 | | toll the running of the term until the final determination of | 20 | | the
charge. When
parole or mandatory supervised release is not | 21 | | revoked
that period shall be credited to the term, unless a | 22 | | community-based sanction is imposed as an alternative to | 23 | | revocation and reincarceration, including a diversion | 24 | | established by the Illinois Department of Corrections Parole | 25 | | Services Unit prior to the holding of a preliminary parole | 26 | | revocation hearing. Parolees who are diverted to a |
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| 1 | | community-based sanction shall serve the entire term of parole | 2 | | or mandatory supervised release, if otherwise appropriate.
| 3 | | (b-5) (Blank). The Board shall revoke parole or mandatory | 4 | | supervised release for violation of the conditions prescribed | 5 | | in paragraph (7.6) of subsection (a) of Section 3-3-7. | 6 | | (c) A person charged with violating a condition of parole | 7 | | or
mandatory supervised release shall have a preliminary | 8 | | hearing
before a hearing officer designated by the Board to | 9 | | determine
if there is cause to hold the person for a revocation | 10 | | hearing.
However, no preliminary hearing need be held when | 11 | | revocation is based
upon new criminal charges and a court | 12 | | finds probable cause on the new
criminal charges or when the | 13 | | revocation
is based upon a new criminal conviction and a | 14 | | certified copy of
that conviction is available.
| 15 | | (d) Parole or mandatory supervised release shall not be
| 16 | | revoked without written notice to the offender setting forth
| 17 | | the violation of parole or mandatory supervised release | 18 | | charged
against him or her.
| 19 | | (e) A hearing on revocation shall be conducted before at
| 20 | | least one member of the Prisoner Review Board. The Board may
| 21 | | meet and order its actions in panels of 3 or more members.
The | 22 | | action of a majority of the panel shall be the action of
the | 23 | | Board. A record
of the hearing shall be made. At the hearing | 24 | | the offender shall
be permitted to:
| 25 | | (1) appear and answer the charge; and
| 26 | | (2) bring witnesses on his or her behalf.
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| 1 | | (f) The Board shall either revoke parole or mandatory
| 2 | | supervised release or order the person's term continued with
| 3 | | or without modification or enlargement of the conditions.
| 4 | | (g) Parole or mandatory supervised release shall not be
| 5 | | revoked for failure to make payments under the conditions of
| 6 | | parole or release unless the Board determines that such | 7 | | failure is
due to the offender's willful refusal to pay.
| 8 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .)".
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