Full Text of HB4852 103rd General Assembly
HB4852ham001 103RD GENERAL ASSEMBLY | Rep. Tony M. McCombie Filed: 4/2/2024 | | 10300HB4852ham001 | | LRB103 35873 RLC 71647 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4852
| 2 | | AMENDMENT NO. ______. Amend House Bill 4852 on page 1, by | 3 | | inserting immediately below line 3 the following: | 4 | | "Section 3. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-3-2, 3-3-9, and 3-14-1 and by adding | 6 | | Section 3-3-1.1 as follows: | 7 | | (730 ILCS 5/3-3-1.1 new) | 8 | | Sec. 3-3-1.1. Mission of the Prisoner Review Board. The | 9 | | mission of the Prisoner Review Board is to protect the rights | 10 | | of victims of crime, their families, and the citizens of | 11 | | Illinois by ensuring that the rule of law is upheld and justice | 12 | | is carried out. The Board has the responsibility to consider | 13 | | the statements of the victims, their family members, and | 14 | | public safety officials when an inmate's situation is being | 15 | | reviewed by the Board. The Board has the ability to impose | 16 | | release conditions for incarcerated individuals who are |
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| 1 | | exiting penal facilities, revoke and restore good conduct | 2 | | credits from inmates, and conduct hearings to determine | 3 | | whether parolees have violated conditions of parole. The | 4 | | Board, in its determinations, shall award significant weight | 5 | | to the statements and positions of victims and their family | 6 | | members in recommending parole. The Board also has the power | 7 | | to make recommendations to the Governor relative to clemency | 8 | | petitions for those convicted of violating Illinois laws. | 9 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2) | 10 | | Sec. 3-3-2. Powers and duties. | 11 | | (a) The Parole and Pardon Board is abolished and the term | 12 | | "Parole and Pardon Board" as used in any law of Illinois, shall | 13 | | read "Prisoner Review Board." After February 1, 1978 (the | 14 | | effective date of Public Act 81-1099), the Prisoner Review | 15 | | Board shall provide by rule for the orderly transition of all | 16 | | files, records, and documents of the Parole and Pardon Board | 17 | | and for such other steps as may be necessary to effect an | 18 | | orderly transition and shall: | 19 | | (1) hear by at least one member and through a panel of | 20 | | at least 3 members decide, cases of prisoners who were | 21 | | sentenced under the law in effect prior to February 1, | 22 | | 1978 (the effective date of Public Act 81-1099), and who | 23 | | are eligible for parole; | 24 | | (2) hear by at least one member and through a panel of | 25 | | at least 3 members decide, the conditions of parole and |
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| 1 | | the time of discharge from parole, impose sanctions for | 2 | | violations of parole, and revoke parole for those | 3 | | sentenced under the law in effect prior to February 1, | 4 | | 1978 (the effective date of Public Act 81-1099); provided | 5 | | that the decision to parole and the conditions of parole | 6 | | for all prisoners who were sentenced for first degree | 7 | | murder or who received a minimum sentence of 20 years or | 8 | | more under the law in effect prior to February 1, 1978 | 9 | | shall be determined by a majority vote of the Prisoner | 10 | | Review Board. One representative supporting parole and one | 11 | | representative opposing parole will be allowed to speak. | 12 | | Their comments shall be limited to making corrections and | 13 | | filling in omissions to the Board's presentation and | 14 | | discussion; | 15 | | (3) hear by at least 3 members one member and through a | 16 | | panel of at least 6 3 members decide, the conditions of | 17 | | mandatory supervised release and the time of discharge | 18 | | from mandatory supervised release, impose sanctions for | 19 | | violations of mandatory supervised release, and revoke | 20 | | mandatory supervised release for those sentenced under the | 21 | | law in effect after February 1, 1978 (the effective date | 22 | | of Public Act 81-1099); | 23 | | (3.5) hear by at least 3 members one member and | 24 | | through a panel of at least 6 3 members decide, the | 25 | | conditions of mandatory supervised release and the time of | 26 | | discharge from mandatory supervised release, to impose |
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| 1 | | sanctions for violations of mandatory supervised release | 2 | | and revoke mandatory supervised release for those serving | 3 | | extended supervised release terms pursuant to paragraph | 4 | | (4) of subsection (d) of Section 5-8-1; | 5 | | (3.6) hear by at least one member and through a panel | 6 | | of at least 3 members decide whether to revoke aftercare | 7 | | release for those committed to the Department of Juvenile | 8 | | Justice under the Juvenile Court Act of 1987; | 9 | | (4) hear by at least one member and through a panel of | 10 | | at least 3 members, decide cases brought by the Department | 11 | | of Corrections against a prisoner in the custody of the | 12 | | Department for alleged violation of Department rules with | 13 | | respect to sentence credits under Section 3-6-3 of this | 14 | | Code in which the Department seeks to revoke sentence | 15 | | credits, if the amount of time at issue exceeds 30 days or | 16 | | when, during any 12-month period, the cumulative amount of | 17 | | credit revoked exceeds 30 days except where the infraction | 18 | | is committed or discovered within 60 days of scheduled | 19 | | release. In such cases, the Department of Corrections may | 20 | | revoke up to 30 days of sentence credit. The Board may | 21 | | subsequently approve the revocation of additional sentence | 22 | | credit, if the Department seeks to revoke sentence credit | 23 | | in excess of 30 days. However, the Board shall not be | 24 | | empowered to review the Department's decision with respect | 25 | | to the loss of 30 days of sentence credit for any prisoner | 26 | | or to increase any penalty beyond the length requested by |
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| 1 | | the Department; | 2 | | (5) hear by at least one member and through a panel of | 3 | | at least 3 members decide, the release dates for certain | 4 | | prisoners sentenced under the law in existence prior to | 5 | | February 1, 1978 (the effective date of Public Act | 6 | | 81-1099), in accordance with Section 3-3-2.1 of this Code; | 7 | | (6) hear by at least one member and through a panel of | 8 | | at least 3 members decide, all requests for pardon, | 9 | | reprieve or commutation, and make confidential | 10 | | recommendations to the Governor; | 11 | | (6.5) hear by at least one member who is qualified in | 12 | | the field of juvenile matters and through a panel of at | 13 | | least 3 members, 2 of whom are qualified in the field of | 14 | | juvenile matters, decide parole review cases in accordance | 15 | | with Section 5-4.5-115 of this Code and make release | 16 | | determinations of persons under the age of 21 at the time | 17 | | of the commission of an offense or offenses, other than | 18 | | those persons serving sentences for first degree murder or | 19 | | aggravated criminal sexual assault; | 20 | | (6.6) hear by at least a quorum of the Prisoner Review | 21 | | Board and decide by a majority of members present at the | 22 | | hearing, in accordance with Section 5-4.5-115 of this | 23 | | Code, release determinations of persons under the age of | 24 | | 21 at the time of the commission of an offense or offenses | 25 | | of those persons serving sentences for first degree murder | 26 | | or aggravated criminal sexual assault; |
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| 1 | | (7) comply with the requirements of the Open Parole | 2 | | Hearings Act; | 3 | | (8) hear by at least one member and, through a panel of | 4 | | at least 3 members, decide cases brought by the Department | 5 | | of Corrections against a prisoner in the custody of the | 6 | | Department for court dismissal of a frivolous lawsuit | 7 | | pursuant to Section 3-6-3(d) of this Code in which the | 8 | | Department seeks to revoke up to 180 days of sentence | 9 | | credit, and if the prisoner has not accumulated 180 days | 10 | | of sentence credit at the time of the dismissal, then all | 11 | | sentence credit accumulated by the prisoner shall be | 12 | | revoked; | 13 | | (9) hear by at least 3 members, and, through a panel of | 14 | | at least 3 members, decide whether to grant certificates | 15 | | of relief from disabilities or certificates of good | 16 | | conduct as provided in Article 5.5 of Chapter V; | 17 | | (10) upon a petition by a person who has been | 18 | | convicted of a Class 3 or Class 4 felony and who meets the | 19 | | requirements of this paragraph, hear by at least 3 members | 20 | | and, with the unanimous vote of a panel of 3 members, issue | 21 | | a certificate of eligibility for sealing recommending that | 22 | | the court order the sealing of all official records of the | 23 | | arresting authority, the circuit court clerk, and the | 24 | | Illinois State Police concerning the arrest and conviction | 25 | | for the Class 3 or 4 felony. A person may not apply to the | 26 | | Board for a certificate of eligibility for sealing: |
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| 1 | | (A) until 5 years have elapsed since the | 2 | | expiration of his or her sentence; | 3 | | (B) until 5 years have elapsed since any arrests | 4 | | or detentions by a law enforcement officer for an | 5 | | alleged violation of law, other than a petty offense, | 6 | | traffic offense, conservation offense, or local | 7 | | ordinance offense; | 8 | | (C) if convicted of a violation of the Cannabis | 9 | | Control Act, Illinois Controlled Substances Act, the | 10 | | Methamphetamine Control and Community Protection Act, | 11 | | the Methamphetamine Precursor Control Act, or the | 12 | | Methamphetamine Precursor Tracking Act unless the | 13 | | petitioner has completed a drug abuse program for the | 14 | | offense on which sealing is sought and provides proof | 15 | | that he or she has completed the program successfully; | 16 | | (D) if convicted of: | 17 | | (i) a sex offense described in Article 11 or | 18 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 19 | | the Criminal Code of 1961 or the Criminal Code of | 20 | | 2012; | 21 | | (ii) aggravated assault; | 22 | | (iii) aggravated battery; | 23 | | (iv) domestic battery; | 24 | | (v) aggravated domestic battery; | 25 | | (vi) violation of an order of protection; | 26 | | (vii) an offense under the Criminal Code of |
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| 1 | | 1961 or the Criminal Code of 2012 involving a | 2 | | firearm; | 3 | | (viii) driving while under the influence of | 4 | | alcohol, other drug or drugs, intoxicating | 5 | | compound or compounds, or any combination thereof; | 6 | | (ix) aggravated driving while under the | 7 | | influence of alcohol, other drug or drugs, | 8 | | intoxicating compound or compounds, or any | 9 | | combination thereof; or | 10 | | (x) any crime defined as a crime of violence | 11 | | under Section 2 of the Crime Victims Compensation | 12 | | Act. | 13 | | If a person has applied to the Board for a certificate | 14 | | of eligibility for sealing and the Board denies the | 15 | | certificate, the person must wait at least 4 years before | 16 | | filing again or filing for pardon from the Governor unless | 17 | | the Chairman of the Prisoner Review Board grants a waiver. | 18 | | The decision to issue or refrain from issuing a | 19 | | certificate of eligibility for sealing shall be at the | 20 | | Board's sole discretion, and shall not give rise to any | 21 | | cause of action against either the Board or its members. | 22 | | The Board may only authorize the sealing of Class 3 | 23 | | and 4 felony convictions of the petitioner from one | 24 | | information or indictment under this paragraph (10). A | 25 | | petitioner may only receive one certificate of eligibility | 26 | | for sealing under this provision for life; and |
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| 1 | | (11) upon a petition by a person who after having been | 2 | | convicted of a Class 3 or Class 4 felony thereafter served | 3 | | in the United States Armed Forces or National Guard of | 4 | | this or any other state and had received an honorable | 5 | | discharge from the United States Armed Forces or National | 6 | | Guard or who at the time of filing the petition is enlisted | 7 | | in the United States Armed Forces or National Guard of | 8 | | this or any other state and served one tour of duty and who | 9 | | meets the requirements of this paragraph, hear by at least | 10 | | 3 members and, with the unanimous vote of a panel of 3 | 11 | | members, issue a certificate of eligibility for | 12 | | expungement recommending that the court order the | 13 | | expungement of all official records of the arresting | 14 | | authority, the circuit court clerk, and the Illinois State | 15 | | Police concerning the arrest and conviction for the Class | 16 | | 3 or 4 felony. A person may not apply to the Board for a | 17 | | certificate of eligibility for expungement: | 18 | | (A) if convicted of: | 19 | | (i) a sex offense described in Article 11 or | 20 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 21 | | the Criminal Code of 1961 or Criminal Code of | 22 | | 2012; | 23 | | (ii) an offense under the Criminal Code of | 24 | | 1961 or Criminal Code of 2012 involving a firearm; | 25 | | or | 26 | | (iii) a crime of violence as defined in |
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| 1 | | Section 2 of the Crime Victims Compensation Act; | 2 | | or | 3 | | (B) if the person has not served in the United | 4 | | States Armed Forces or National Guard of this or any | 5 | | other state or has not received an honorable discharge | 6 | | from the United States Armed Forces or National Guard | 7 | | of this or any other state or who at the time of the | 8 | | filing of the petition is serving in the United States | 9 | | Armed Forces or National Guard of this or any other | 10 | | state and has not completed one tour of duty. | 11 | | If a person has applied to the Board for a certificate | 12 | | of eligibility for expungement and the Board denies the | 13 | | certificate, the person must wait at least 4 years before | 14 | | filing again or filing for a pardon with authorization for | 15 | | expungement from the Governor unless the Governor or | 16 | | Chairman of the Prisoner Review Board grants a waiver ; | 17 | | and . | 18 | | (12) notify the victim in the underlying case of the | 19 | | offender's release on mandatory supervised release at | 20 | | least 30 days prior to release and allow the victim to | 21 | | provide a victim's statement to the Board. The victim's | 22 | | statement shall be considered when determining the | 23 | | conditions of the offender's mandatory supervised release. | 24 | | (a-5) The Prisoner Review Board, with the cooperation of | 25 | | and in coordination with the Department of Corrections and the | 26 | | Department of Central Management Services, shall implement a |
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| 1 | | pilot project in 3 correctional institutions providing for the | 2 | | conduct of hearings under paragraphs (1) and (4) of subsection | 3 | | (a) of this Section through interactive video conferences. The | 4 | | project shall be implemented within 6 months after January 1, | 5 | | 1997 (the effective date of Public Act 89-490). Within 6 | 6 | | months after the implementation of the pilot project, the | 7 | | Prisoner Review Board, with the cooperation of and in | 8 | | coordination with the Department of Corrections and the | 9 | | Department of Central Management Services, shall report to the | 10 | | Governor and the General Assembly regarding the use, costs, | 11 | | effectiveness, and future viability of interactive video | 12 | | conferences for Prisoner Review Board hearings. | 13 | | (b) Upon recommendation of the Department the Board may | 14 | | restore sentence credit previously revoked. | 15 | | (c) The Board shall cooperate with the Department in | 16 | | promoting an effective system of parole and mandatory | 17 | | supervised release. | 18 | | (d) The Board shall promulgate rules for the conduct of | 19 | | its work, and the Chairman shall file a copy of such rules and | 20 | | any amendments thereto with the Director and with the | 21 | | Secretary of State. | 22 | | (e) The Board shall keep records of all of its official | 23 | | actions and shall make them accessible in accordance with law | 24 | | and the rules of the Board. | 25 | | (f) The Board or one who has allegedly violated the | 26 | | conditions of his or her parole, aftercare release, or |
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| 1 | | mandatory supervised release may require by subpoena the | 2 | | attendance and testimony of witnesses and the production of | 3 | | documentary evidence relating to any matter under | 4 | | investigation or hearing. The Chairman of the Board may sign | 5 | | subpoenas which shall be served by any agent or public | 6 | | official authorized by the Chairman of the Board, or by any | 7 | | person lawfully authorized to serve a subpoena under the laws | 8 | | of the State of Illinois. The attendance of witnesses, and the | 9 | | production of documentary evidence, may be required from any | 10 | | place in the State to a hearing location in the State before | 11 | | the Chairman of the Board or his or her designated agent or | 12 | | agents or any duly constituted Committee or Subcommittee of | 13 | | the Board. Witnesses so summoned shall be paid the same fees | 14 | | and mileage that are paid witnesses in the circuit courts of | 15 | | the State, and witnesses whose depositions are taken and the | 16 | | persons taking those depositions are each entitled to the same | 17 | | fees as are paid for like services in actions in the circuit | 18 | | courts of the State. Fees and mileage shall be vouchered for | 19 | | payment when the witness is discharged from further | 20 | | attendance. | 21 | | In case of disobedience to a subpoena, the Board may | 22 | | petition any circuit court of the State for an order requiring | 23 | | the attendance and testimony of witnesses or the production of | 24 | | documentary evidence or both. A copy of such petition shall be | 25 | | served by personal service or by registered or certified mail | 26 | | upon the person who has failed to obey the subpoena, and such |
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| 1 | | person shall be advised in writing that a hearing upon the | 2 | | petition will be requested in a court room to be designated in | 3 | | such notice before the judge hearing motions or extraordinary | 4 | | remedies at a specified time, on a specified date, not less | 5 | | than 10 nor more than 15 days after the deposit of the copy of | 6 | | the written notice and petition in the U.S. mail addressed to | 7 | | the person at his or her last known address or after the | 8 | | personal service of the copy of the notice and petition upon | 9 | | such person. The court upon the filing of such a petition, may | 10 | | order the person refusing to obey the subpoena to appear at an | 11 | | investigation or hearing, or to there produce documentary | 12 | | evidence, if so ordered, or to give evidence relative to the | 13 | | subject matter of that investigation or hearing. Any failure | 14 | | to obey such order of the circuit court may be punished by that | 15 | | court as a contempt of court. | 16 | | Each member of the Board and any hearing officer | 17 | | designated by the Board shall have the power to administer | 18 | | oaths and to take the testimony of persons under oath. | 19 | | (g) Except under subsection (a) of this Section, a | 20 | | majority of the members then appointed to the Prisoner Review | 21 | | Board shall constitute a quorum for the transaction of all | 22 | | business of the Board. | 23 | | (h) The Prisoner Review Board shall annually transmit to | 24 | | the Director a detailed report of its work for the preceding | 25 | | calendar year. The annual report shall also be transmitted to | 26 | | the Governor for submission to the Legislature. |
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| 1 | | (Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21; | 2 | | 102-558, eff. 8-20-21.) | 3 | | (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9) | 4 | | Sec. 3-3-9. Violations; changes of conditions; preliminary | 5 | | hearing; revocation of parole or mandatory supervised release; | 6 | | revocation hearing. | 7 | | (a) If prior to expiration or termination of the term of | 8 | | parole or mandatory supervised release, a person violates a | 9 | | condition set by the Prisoner Review Board or a condition of | 10 | | parole or mandatory supervised release under Section 3-3-7 of | 11 | | this Code to govern that term, the Board may: | 12 | | (1) continue the existing term, with or without | 13 | | modifying or enlarging the conditions; or | 14 | | (1.5) for those released as a result of youthful | 15 | | offender parole as set forth in Section 5-4.5-115 of this | 16 | | Code, order that the inmate be subsequently rereleased to | 17 | | serve a specified mandatory supervised release term not to | 18 | | exceed the full term permitted under the provisions of | 19 | | Section 5-4.5-115 and subsection (d) of Section 5-8-1 of | 20 | | this Code and may modify or enlarge the conditions of the | 21 | | release as the Board deems proper; or | 22 | | (2) parole or release the person to a half-way house; | 23 | | or | 24 | | (3) revoke the parole or mandatory supervised release | 25 | | and reconfine the person for a term computed in the |
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| 1 | | following manner: | 2 | | (i) (A) For those sentenced under the law in | 3 | | effect prior to this amendatory Act of 1977, the | 4 | | recommitment shall be for any portion of the imposed | 5 | | maximum term of imprisonment or confinement which had | 6 | | not been served at the time of parole and the parole | 7 | | term, less the time elapsed between the parole of the | 8 | | person and the commission of the violation for which | 9 | | parole was revoked; | 10 | | (B) Except as set forth in paragraphs (C) and (D), | 11 | | for those subject to mandatory supervised release | 12 | | under paragraph (d) of Section 5-8-1 of this Code, the | 13 | | recommitment shall be for the total mandatory | 14 | | supervised release term, less the time elapsed between | 15 | | the release of the person and the commission of the | 16 | | violation for which mandatory supervised release is | 17 | | revoked. The Board may also order that a prisoner | 18 | | serve up to one year of the sentence imposed by the | 19 | | court which was not served due to the accumulation of | 20 | | sentence credit; | 21 | | (C) For those subject to sex offender supervision | 22 | | under clause (d)(4) of Section 5-8-1 of this Code, the | 23 | | reconfinement period for violations of clauses (a)(3) | 24 | | through (b-1)(15) of Section 3-3-7 shall not exceed 2 | 25 | | years from the date of reconfinement; | 26 | | (D) For those released as a result of youthful |
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| 1 | | offender parole as set forth in Section 5-4.5-115 of | 2 | | this Code, the reconfinement period shall be for the | 3 | | total mandatory supervised release term, less the time | 4 | | elapsed between the release of the person and the | 5 | | commission of the violation for which mandatory | 6 | | supervised release is revoked. The Board may also | 7 | | order that a prisoner serve up to one year of the | 8 | | mandatory supervised release term previously earned. | 9 | | The Board may also order that the inmate be | 10 | | subsequently rereleased to serve a specified mandatory | 11 | | supervised release term not to exceed the full term | 12 | | permitted under the provisions of Section 5-4.5-115 | 13 | | and subsection (d) of Section 5-8-1 of this Code and | 14 | | may modify or enlarge the conditions of the release as | 15 | | the Board deems proper; | 16 | | (ii) the person shall be given credit against the | 17 | | term of reimprisonment or reconfinement for time spent | 18 | | in custody since he or she was paroled or released | 19 | | which has not been credited against another sentence | 20 | | or period of confinement; | 21 | | (iii) (blank); | 22 | | (iv) this Section is subject to the release under | 23 | | supervision and the reparole and rerelease provisions | 24 | | of Section 3-3-10. | 25 | | (b) The Board may revoke parole or mandatory supervised | 26 | | release for violation of a condition for the duration of the |
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| 1 | | term and for any further period which is reasonably necessary | 2 | | for the adjudication of matters arising before its expiration. | 3 | | The issuance of a warrant of arrest for an alleged violation of | 4 | | the conditions of parole or mandatory supervised release shall | 5 | | toll the running of the term until the final determination of | 6 | | the charge. When parole or mandatory supervised release is not | 7 | | revoked that period shall be credited to the term, unless a | 8 | | community-based sanction is imposed as an alternative to | 9 | | revocation and reincarceration, including a diversion | 10 | | established by the Illinois Department of Corrections Parole | 11 | | Services Unit prior to the holding of a preliminary parole | 12 | | revocation hearing. Parolees who are diverted to a | 13 | | community-based sanction shall serve the entire term of parole | 14 | | or mandatory supervised release, if otherwise appropriate. | 15 | | (b-5) The Board shall revoke parole or mandatory | 16 | | supervised release for violation of the conditions prescribed | 17 | | in paragraph (7.6) of subsection (a) of Section 3-3-7. | 18 | | (c) A person charged with violating a condition of parole | 19 | | or mandatory supervised release shall have a preliminary | 20 | | hearing before a hearing officer designated by the Board to | 21 | | determine if there is cause to hold the person for a revocation | 22 | | hearing. However, no preliminary hearing need be held when | 23 | | revocation is based upon new criminal charges and a court | 24 | | finds probable cause on the new criminal charges or when the | 25 | | revocation is based upon a new criminal conviction and a | 26 | | certified copy of that conviction is available. |
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| 1 | | (d) Parole or mandatory supervised release shall not be | 2 | | revoked without written notice to the offender setting forth | 3 | | the violation of parole or mandatory supervised release | 4 | | charged against him or her. | 5 | | (e) A hearing on revocation shall be conducted before at | 6 | | least 3 members one member of the Prisoner Review Board. The | 7 | | Board shall may meet and order its actions in panels of 6 3 or | 8 | | more members. The action of a majority of the panel shall be | 9 | | the action of the Board. A record of the hearing shall be made. | 10 | | The victim of the underlying offense shall be notified of the | 11 | | hearing prior to the hearing and be afforded the opportunity | 12 | | to provide a statement. The victim's statement shall be | 13 | | considered by the Board. At the hearing the offender shall be | 14 | | permitted to: | 15 | | (1) appear and answer the charge; and | 16 | | (2) bring witnesses on his or her behalf. | 17 | | (f) The Board shall either revoke parole or mandatory | 18 | | supervised release or order the person's term continued with | 19 | | or without modification or enlargement of the conditions. The | 20 | | victim of the underlying offense shall be notified of the | 21 | | Board's decision. | 22 | | (g) Parole or mandatory supervised release shall not be | 23 | | revoked for failure to make payments under the conditions of | 24 | | parole or release unless the Board determines that such | 25 | | failure is due to the offender's willful refusal to pay. | 26 | | (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20 .) |
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| 1 | | (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1) | 2 | | Sec. 3-14-1. Release from the institution. | 3 | | (a) Upon release of a person on parole, mandatory release, | 4 | | final discharge, or pardon, the Department shall return all | 5 | | property held for him, provide him with suitable clothing and | 6 | | procure necessary transportation for him to his designated | 7 | | place of residence and employment. It may provide such person | 8 | | with a grant of money for travel and expenses which may be paid | 9 | | in installments. The amount of the money grant shall be | 10 | | determined by the Department. | 11 | | (a-1) The Department shall, before a wrongfully imprisoned | 12 | | person, as defined in Section 3-1-2 of this Code, is | 13 | | discharged from the Department, provide him or her with any | 14 | | documents necessary after discharge. | 15 | | (a-2) The Department of Corrections may establish and | 16 | | maintain, in any institution it administers, revolving funds | 17 | | to be known as "Travel and Allowances Revolving Funds". These | 18 | | revolving funds shall be used for advancing travel and expense | 19 | | allowances to committed, paroled, and discharged prisoners. | 20 | | The moneys paid into such revolving funds shall be from | 21 | | appropriations to the Department for Committed, Paroled, and | 22 | | Discharged Prisoners. | 23 | | (a-3) Upon release of a person who is eligible to vote on | 24 | | parole, mandatory release, final discharge, or pardon, the | 25 | | Department shall provide the person with a form that informs |
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| 1 | | him or her that his or her voting rights have been restored and | 2 | | a voter registration application. The Department shall have | 3 | | available voter registration applications in the languages | 4 | | provided by the Illinois State Board of Elections. The form | 5 | | that informs the person that his or her rights have been | 6 | | restored shall include the following information: | 7 | | (1) All voting rights are restored upon release from | 8 | | the Department's custody. | 9 | | (2) A person who is eligible to vote must register in | 10 | | order to be able to vote. | 11 | | The Department of Corrections shall confirm that the | 12 | | person received the voter registration application and has | 13 | | been informed that his or her voting rights have been | 14 | | restored. | 15 | | (a-4) Prior to release of a person on parole, mandatory | 16 | | supervised release, final discharge, or pardon, the Department | 17 | | shall screen every person for Medicaid eligibility. Officials | 18 | | of the correctional institution or facility where the | 19 | | committed person is assigned shall assist an eligible person | 20 | | to complete a Medicaid application to ensure that the person | 21 | | begins receiving benefits as soon as possible after his or her | 22 | | release. The application must include the eligible person's | 23 | | address associated with his or her residence upon release from | 24 | | the facility. If the residence is temporary, the eligible | 25 | | person must notify the Department of Human Services of his or | 26 | | her change in address upon transition to permanent housing. |
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| 1 | | (b) (Blank). | 2 | | (c) Except as otherwise provided in this Code, the | 3 | | Department shall establish procedures to provide written | 4 | | notification of any release of any person who has been | 5 | | convicted of a felony to the State's Attorney and sheriff of | 6 | | the county from which the offender was committed, and the | 7 | | State's Attorney and sheriff of the county into which the | 8 | | offender is to be paroled or released. Except as otherwise | 9 | | provided in this Code, the Department shall establish | 10 | | procedures to provide written notification to the proper law | 11 | | enforcement agency for any municipality of any release of any | 12 | | person who has been convicted of a felony if the arrest of the | 13 | | offender or the commission of the offense took place in the | 14 | | municipality, if the offender is to be paroled or released | 15 | | into the municipality, or if the offender resided in the | 16 | | municipality at the time of the commission of the offense. If a | 17 | | person convicted of a felony who is in the custody of the | 18 | | Department of Corrections or on parole or mandatory supervised | 19 | | release informs the Department that he or she has resided, | 20 | | resides, or will reside at an address that is a housing | 21 | | facility owned, managed, operated, or leased by a public | 22 | | housing agency, the Department must send written notification | 23 | | of that information to the public housing agency that owns, | 24 | | manages, operates, or leases the housing facility. The written | 25 | | notification shall, when possible, be given at least 14 days | 26 | | before release of the person from custody, or as soon |
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| 1 | | thereafter as possible. The written notification shall be | 2 | | provided electronically if the State's Attorney, sheriff, | 3 | | proper law enforcement agency, or public housing agency has | 4 | | provided the Department with an accurate and up to date email | 5 | | address. | 6 | | (c-1) (Blank). | 7 | | (c-2) The Department shall establish procedures to provide | 8 | | notice to the Illinois State Police of the release or | 9 | | discharge of persons convicted of violations of the | 10 | | Methamphetamine Control and Community Protection Act or a | 11 | | violation of the Methamphetamine Precursor Control Act. The | 12 | | Illinois State Police shall make this information available to | 13 | | local, State, or federal law enforcement agencies upon | 14 | | request. | 15 | | (c-5) If a person on parole or mandatory supervised | 16 | | release becomes a resident of a facility licensed or regulated | 17 | | by the Department of Public Health, the Illinois Department of | 18 | | Public Aid, or the Illinois Department of Human Services, the | 19 | | Department of Corrections shall provide copies of the | 20 | | following information to the appropriate licensing or | 21 | | regulating Department and the licensed or regulated facility | 22 | | where the person becomes a resident: | 23 | | (1) The mittimus and any pre-sentence investigation | 24 | | reports. | 25 | | (2) The social evaluation prepared pursuant to Section | 26 | | 3-8-2. |
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| 1 | | (3) Any pre-release evaluation conducted pursuant to | 2 | | subsection (j) of Section 3-6-2. | 3 | | (4) Reports of disciplinary infractions and | 4 | | dispositions. | 5 | | (5) Any parole plan, including orders issued by the | 6 | | Prisoner Review Board, and any violation reports and | 7 | | dispositions. | 8 | | (6) The name and contact information for the assigned | 9 | | parole agent and parole supervisor. | 10 | | This information shall be provided within 3 days of the | 11 | | person becoming a resident of the facility. | 12 | | (c-10) If a person on parole or mandatory supervised | 13 | | release becomes a resident of a facility licensed or regulated | 14 | | by the Department of Public Health, the Illinois Department of | 15 | | Public Aid, or the Illinois Department of Human Services, the | 16 | | Department of Corrections shall provide written notification | 17 | | of such residence to the following: | 18 | | (1) The Prisoner Review Board. | 19 | | (2) The chief of police and sheriff in the | 20 | | municipality and county in which the licensed facility is | 21 | | located. | 22 | | The notification shall be provided within 3 days of the | 23 | | person becoming a resident of the facility. | 24 | | (d) Upon the release of a committed person on parole, | 25 | | mandatory supervised release, final discharge, or pardon, the | 26 | | Department shall provide such person with information |
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| 1 | | concerning programs and services of the Illinois Department of | 2 | | Public Health to ascertain whether such person has been | 3 | | exposed to the human immunodeficiency virus (HIV) or any | 4 | | identified causative agent of Acquired Immunodeficiency | 5 | | Syndrome (AIDS). | 6 | | (e) Upon the release of a committed person on parole, | 7 | | mandatory supervised release, final discharge, pardon, or who | 8 | | has been wrongfully imprisoned, the Department shall verify | 9 | | the released person's full name, date of birth, and social | 10 | | security number. If verification is made by the Department by | 11 | | obtaining a certified copy of the released person's birth | 12 | | certificate and the released person's social security card or | 13 | | other documents authorized by the Secretary, the Department | 14 | | shall provide the birth certificate and social security card | 15 | | or other documents authorized by the Secretary to the released | 16 | | person. If verification by the Department is done by means | 17 | | other than obtaining a certified copy of the released person's | 18 | | birth certificate and the released person's social security | 19 | | card or other documents authorized by the Secretary, the | 20 | | Department shall complete a verification form, prescribed by | 21 | | the Secretary of State, and shall provide that verification | 22 | | form to the released person. | 23 | | (f) Forty-five days prior to the scheduled discharge of a | 24 | | person committed to the custody of the Department of | 25 | | Corrections, the Department shall give the person: | 26 | | (1) who is otherwise uninsured an opportunity to apply |
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| 1 | | for health care coverage including medical assistance | 2 | | under Article V of the Illinois Public Aid Code in | 3 | | accordance with subsection (b) of Section 1-8.5 of the | 4 | | Illinois Public Aid Code, and the Department of | 5 | | Corrections shall provide assistance with completion of | 6 | | the application for health care coverage including medical | 7 | | assistance; | 8 | | (2) information about obtaining a standard Illinois | 9 | | Identification Card or a limited-term Illinois | 10 | | Identification Card under Section 4 of the Illinois | 11 | | Identification Card Act if the person has not been issued | 12 | | an Illinois Identification Card under subsection (a-20) of | 13 | | Section 4 of the Illinois Identification Card Act; | 14 | | (3) information about voter registration and may | 15 | | distribute information prepared by the State Board of | 16 | | Elections. The Department of Corrections may enter into an | 17 | | interagency contract with the State Board of Elections to | 18 | | participate in the automatic voter registration program | 19 | | and be a designated automatic voter registration agency | 20 | | under Section 1A-16.2 of the Election Code; | 21 | | (4) information about job listings upon discharge from | 22 | | the correctional institution or facility; | 23 | | (5) information about available housing upon discharge | 24 | | from the correctional institution or facility; | 25 | | (6) a directory of elected State officials and of | 26 | | officials elected in the county and municipality, if any, |
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| 1 | | in which the committed person intends to reside upon | 2 | | discharge from the correctional institution or facility; | 3 | | and | 4 | | (7) any other information that the Department of | 5 | | Corrections deems necessary to provide the committed | 6 | | person in order for the committed person to reenter the | 7 | | community and avoid recidivism. | 8 | | (g) Sixty days before the scheduled discharge of a person | 9 | | committed to the custody of the Department or upon receipt of | 10 | | the person's certified birth certificate and social security | 11 | | card as set forth in subsection (d) of Section 3-8-1 of this | 12 | | Act, whichever occurs later, the Department shall transmit an | 13 | | application for an Identification Card to the Secretary of | 14 | | State, in accordance with subsection (a-20) of Section 4 of | 15 | | the Illinois Identification Card Act. | 16 | | (h) Notification of an offender's release must be made for | 17 | | those offenders who are being released after serving a | 18 | | sentence for domestic battery, aggravated domestic battery, or | 19 | | violation of an order of protection or who have previous | 20 | | convictions for domestic battery, aggravated domestic battery, | 21 | | or violation of an order of protection. For those persons | 22 | | being released after serving a sentence for domestic battery, | 23 | | aggravated domestic battery, or violation of an order of | 24 | | protection the Department of Corrections shall notify, in | 25 | | writing, the victim of the offense committed by the offender, | 26 | | the law enforcement agencies and State's Attorneys' offices of |
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| 1 | | the county of conviction and the county where the offender | 2 | | expects to reside not less than 30 days before the offender's | 3 | | release. For those being released who have previous | 4 | | convictions for domestic battery, aggravated domestic battery | 5 | | or violation of an order of protection, the Department shall | 6 | | notify in writing the victim of those previous offenses, if | 7 | | contact information is known, the law enforcement agencies and | 8 | | State's Attorneys' offices of the county of conviction and the | 9 | | county where the offender expects to reside not less than 30 | 10 | | days before the offender's release. | 11 | | The Department may adopt rules to implement this Section. | 12 | | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; | 13 | | 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff. | 14 | | 1-1-24 .)". |
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