Full Text of HB5037 103rd General Assembly
HB5037ham002 103RD GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 4/1/2024 | | 10300HB5037ham002 | | LRB103 37909 RLC 71635 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5037
| 2 | | AMENDMENT NO. ______. Amend House Bill 5037 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 3-3-1 and 3-3-4 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 | | (6) the authority for determining whether a violation | 16 | | of aftercare release conditions warrant revocation of | 17 | | aftercare release; and | 18 | | (7) the authority to release medically infirm or | 19 | | disabled prisoners under Section 3-3-14. | 20 | | (b) The Board shall consist of 15 persons appointed by the | 21 | | Governor by and with the advice and consent of the Senate. One | 22 | | member of the Board shall be designated by the Governor to be | 23 | | Chairman and shall serve as Chairman at the pleasure of the | 24 | | Governor. The members of the Board shall have had at least 5 | 25 | | years of actual experience in the fields of penology, | 26 | | corrections work, law enforcement, sociology, law, education, |
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| 1 | | social work, medicine, psychology, other behavioral sciences, | 2 | | or a combination thereof. At least 6 members so appointed must | 3 | | have at least 3 years experience in the field of juvenile | 4 | | matters. No more than 8 Board members may be members of the | 5 | | same political party. | 6 | | Within one year of the effective date of this amendatory | 7 | | Act of the 103rd General Assembly or within one year of the | 8 | | start of the member's term, a member of the Prisoner Review | 9 | | Board shall complete a 40-hour training series, to be provided | 10 | | by the entity administrating the Illinois Domestic Violence | 11 | | Hotline. This training shall be tailored specifically to the | 12 | | members of the Prisoner Review Board and shall cover topics | 13 | | including, but not limited to, safety planning, criminalized | 14 | | survivors, substantiation of gender-based violence, and the | 15 | | dynamics of gender-based violence. | 16 | | Each member of the Board shall serve on a full-time basis | 17 | | and shall not hold any other salaried public office, whether | 18 | | elective or appointive, nor any other office or position of | 19 | | profit, nor engage in any other business, employment, or | 20 | | vocation. The Chairman of the Board shall receive $35,000 a | 21 | | year, or an amount set by the Compensation Review Board, | 22 | | whichever is greater, and each other member $30,000, or an | 23 | | amount set by the Compensation Review Board, whichever is | 24 | | greater. | 25 | | (c) Notwithstanding any other provision of this Section, | 26 | | the term of each member of the Board who was appointed by the |
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| 1 | | Governor and is in office on June 30, 2003 shall terminate at | 2 | | the close of business on that date or when all of the successor | 3 | | members to be appointed pursuant to this amendatory Act of the | 4 | | 93rd General Assembly have been appointed by the Governor, | 5 | | whichever occurs later. As soon as possible, the Governor | 6 | | shall appoint persons to fill the vacancies created by this | 7 | | amendatory Act. | 8 | | Of the initial members appointed under this amendatory Act | 9 | | of the 93rd General Assembly, the Governor shall appoint 5 | 10 | | members whose terms shall expire on the third Monday in | 11 | | January 2005, 5 members whose terms shall expire on the third | 12 | | Monday in January 2007, and 5 members whose terms shall expire | 13 | | on the third Monday in January 2009. Their respective | 14 | | successors shall be appointed for terms of 6 years from the | 15 | | third Monday in January of the year of appointment. Each | 16 | | member shall serve until his or her successor is appointed and | 17 | | qualified. | 18 | | Any member may be removed by the Governor for | 19 | | incompetence, neglect of duty, malfeasance or inability to | 20 | | serve. | 21 | | (d) The Chairman of the Board shall be its chief executive | 22 | | and administrative officer. The Board may have an Executive | 23 | | Director; if so, the Executive Director shall be appointed by | 24 | | the Governor with the advice and consent of the Senate. The | 25 | | salary and duties of the Executive Director shall be fixed by | 26 | | the Board. |
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| 1 | | (Source: P.A. 101-288, eff. 1-1-20; 102-494, eff. 1-1-22 .) | 2 | | (730 ILCS 5/3-3-4) (from Ch. 38, par. 1003-3-4) | 3 | | Sec. 3-3-4. Preparation for parole hearing. | 4 | | (a) The Prisoner Review Board shall consider the parole of | 5 | | each eligible person committed to the Department of | 6 | | Corrections at least 30 days prior to the date he or she shall | 7 | | first become eligible for parole. | 8 | | (b) A person eligible for parole shall, no less than 15 | 9 | | days in advance of his or her parole interview, prepare a | 10 | | parole plan in accordance with the rules of the Prisoner | 11 | | Review Board. The person shall be assisted in preparing his or | 12 | | her parole plan by personnel of the Department of Corrections, | 13 | | and may, for this purpose, be released on furlough under | 14 | | Article 11. The Department shall also provide assistance in | 15 | | obtaining information and records helpful to the individual | 16 | | for his or her parole hearing. If the person eligible for | 17 | | parole has a petition or any written submissions prepared on | 18 | | his or her behalf by an attorney or other representative, the | 19 | | attorney or representative for the person eligible for parole | 20 | | must serve by certified mail the State's Attorney of the | 21 | | county where he or she was prosecuted with the petition or any | 22 | | written submissions 15 days after his or her parole interview. | 23 | | The State's Attorney shall provide the attorney for the person | 24 | | eligible for parole with a copy of his or her letter in | 25 | | opposition to parole via certified mail within 5 business days |
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| 1 | | of the en banc hearing. | 2 | | (c) Any member of the Board shall have access at all | 3 | | reasonable times to any committed person and to his or her | 4 | | master record file within the Department, and the Department | 5 | | shall furnish such a report to the Board concerning the | 6 | | conduct and character of any such person prior to his or her | 7 | | parole interview. | 8 | | (d) In making its determination of parole, the Board shall | 9 | | consider: | 10 | | (1) (blank); | 11 | | (2) the report under Section 3-8-2 or 3-10-2; | 12 | | (3) a report by the Department and any report by the | 13 | | chief administrative officer of the institution or | 14 | | facility; | 15 | | (4) a parole progress report; | 16 | | (5) a medical and psychological report, if requested | 17 | | by the Board; | 18 | | (6) material in writing, or on film, video tape or | 19 | | other electronic means in the form of a recording | 20 | | submitted by the person whose parole is being considered; | 21 | | (7) material in writing, or on film, video tape or | 22 | | other electronic means in the form of a recording or | 23 | | testimony submitted by the State's Attorney and the victim | 24 | | or a concerned citizen pursuant to the Rights of Crime | 25 | | Victims and Witnesses Act; and | 26 | | (8) the person's eligibility for commitment under the |
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| 1 | | Sexually Violent Persons Commitment Act ; and . | 2 | | (9) any prior or current orders of protection, civil | 3 | | no contact orders, or stalking no contact orders against | 4 | | the person or any pending petition for an order of | 5 | | protection, civil no contact order, or stalking no contact | 6 | | order against the person. | 7 | | (e) The prosecuting State's Attorney's office shall | 8 | | receive from the Board reasonable written notice not less than | 9 | | 30 days prior to the parole interview and may submit relevant | 10 | | information by oral argument or testimony of victims and | 11 | | concerned citizens, or both, in writing, or on film, video | 12 | | tape or other electronic means or in the form of a recording to | 13 | | the Board for its consideration. Upon written request of the | 14 | | State's Attorney's office, the Prisoner Review Board shall | 15 | | hear protests to parole, except in counties of 1,500,000 or | 16 | | more inhabitants where there shall be standing objections to | 17 | | all such petitions. If a State's Attorney who represents a | 18 | | county of less than 1,500,000 inhabitants requests a protest | 19 | | hearing, the inmate's counsel or other representative shall | 20 | | also receive notice of such request. This hearing shall take | 21 | | place the month following the inmate's parole interview. If | 22 | | the inmate's parole interview is rescheduled then the Prisoner | 23 | | Review Board shall promptly notify the State's Attorney of the | 24 | | new date. The person eligible for parole shall be heard at the | 25 | | next scheduled en banc hearing date. If the case is to be | 26 | | continued, the State's Attorney's office and the attorney or |
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| 1 | | representative for the person eligible for parole will be | 2 | | notified of any continuance within 5 business days. The | 3 | | State's Attorney may waive the written notice. | 4 | | (f) The victim of the violent crime for which the prisoner | 5 | | has been sentenced shall receive notice of a parole hearing as | 6 | | provided in paragraph (4) of subsection (d) of Section 4.5 of | 7 | | the Rights of Crime Victims and Witnesses Act. | 8 | | (g) Any recording considered under the provisions of | 9 | | subsection (d)(6), (d)(7) or (e) of this Section shall be in | 10 | | the form designated by the Board. Such recording shall be both | 11 | | visual and aural. Every voice on the recording and person | 12 | | present shall be identified and the recording shall contain | 13 | | either a visual or aural statement of the person submitting | 14 | | such recording, the date of the recording and the name of the | 15 | | person whose parole eligibility is being considered. Such | 16 | | recordings shall be retained by the Board and shall be deemed | 17 | | to be submitted at any subsequent parole hearing if the victim | 18 | | or State's Attorney submits in writing a declaration clearly | 19 | | identifying such recording as representing the present | 20 | | position of the victim or State's Attorney regarding the | 21 | | issues to be considered at the parole hearing. | 22 | | (h) The Board shall not release any material to the | 23 | | inmate, the inmate's attorney, any third party, or any other | 24 | | person containing any information from a victim who has | 25 | | written objections, testified at any hearing, or submitted | 26 | | audio or visual objections to the inmate's parole, unless |
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| 1 | | provided with a waiver from that victim. Victim statements | 2 | | provided to the Board shall be confidential and privileged, | 3 | | including any statements received prior to the effective date | 4 | | of this amendatory Act of the 101st General Assembly, except | 5 | | if the statement was an oral statement made by the victim at a | 6 | | hearing open to the public. The Board shall not release the | 7 | | names or addresses of any person on its victim registry to any | 8 | | other person except the victim, a law enforcement agency, or | 9 | | other victim notification system. | 10 | | (Source: P.A. 101-288, eff. 1-1-20 .)". |
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