Full Text of SB2588 96th General Assembly
SB2588 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2588
Introduced 1/21/2010, by Sen. Bill Brady SYNOPSIS AS INTRODUCED: |
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730 ILCS 5/3-3-2 |
from Ch. 38, par. 1003-3-2 |
730 ILCS 5/3-8-2 |
from Ch. 38, par. 1003-8-2 |
730 ILCS 5/3-8-4 |
from Ch. 38, par. 1003-8-4 |
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Amends the Unified Code of Corrections. Provides that the
Prisoner Review Board shall hear by at least 3 members, and, through a panel of at least 3
members, decide classification of committed persons and transfers of committed persons to another institution or facility. Effective immediately.
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A BILL FOR
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SB2588 |
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LRB096 17870 RLC 33876 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Sections 3-3-2, 3-8-2, and 3-8-4 as follows:
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| (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
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| Sec. 3-3-2. Powers and Duties.
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| (a) The Parole and Pardon Board is abolished and the term | 9 |
| "Parole and
Pardon Board" as used in any law of Illinois, shall | 10 |
| read "Prisoner Review
Board." After the effective date of this | 11 |
| amendatory Act of 1977, the
Prisoner Review Board shall provide | 12 |
| by rule for the orderly transition of
all files, records, and | 13 |
| documents of the Parole and Pardon Board and for
such other | 14 |
| steps as may be necessary to effect an orderly transition and | 15 |
| shall:
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| (1) hear by at least one member and through a panel of | 17 |
| at least 3 members
decide, cases of prisoners
who were | 18 |
| sentenced under the law in effect prior to the effective
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| date of this amendatory Act of 1977, and who are eligible | 20 |
| for parole;
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| (2) hear by at least one member and through a panel of | 22 |
| at least 3 members decide, the conditions of
parole and the | 23 |
| time of discharge from parole, impose sanctions for
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LRB096 17870 RLC 33876 b |
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| violations of parole, and revoke
parole for those sentenced | 2 |
| under the law in effect prior to this amendatory
Act of | 3 |
| 1977; provided that the decision to parole and the | 4 |
| conditions of
parole for all prisoners who were sentenced | 5 |
| for first degree murder or who
received a minimum sentence | 6 |
| of 20 years or more under the law in effect
prior to | 7 |
| February 1, 1978 shall be determined by a majority vote of | 8 |
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Prisoner Review Board;
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| (3) hear by at least one member and through a panel of | 10 |
| at least 3 members decide, the conditions
of mandatory | 11 |
| supervised release and the time of discharge from mandatory
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| supervised release, impose sanctions for violations of | 13 |
| mandatory
supervised release, and revoke mandatory | 14 |
| supervised release for those
sentenced under the law in | 15 |
| effect after the effective date of this
amendatory Act of | 16 |
| 1977;
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| (3.5) hear by at least one member and through a panel | 18 |
| of at least 3 members decide, the conditions of mandatory | 19 |
| supervised release and the time of discharge from mandatory | 20 |
| supervised release, to impose sanctions for violations of | 21 |
| mandatory supervised release and revoke mandatory | 22 |
| supervised release for those serving extended supervised | 23 |
| release terms pursuant to paragraph (4) of subsection (d) | 24 |
| of Section 5-8-1;
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| (4) hear by at least 1 member and through a panel of at | 26 |
| least 3
members,
decide cases brought by the Department of |
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LRB096 17870 RLC 33876 b |
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| Corrections against a prisoner in
the custody of the | 2 |
| Department for alleged violation of Department rules
with | 3 |
| respect to good conduct credits pursuant to Section 3-6-3 | 4 |
| of this Code
in which the Department seeks to revoke good | 5 |
| conduct credits, if the amount
of time at issue exceeds 30 | 6 |
| days or when, during any 12 month period, the
cumulative | 7 |
| amount of credit revoked exceeds 30 days except where the
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| infraction is committed or discovered within 60 days of | 9 |
| scheduled release.
In such cases, the Department of | 10 |
| Corrections may revoke up to 30 days of
good conduct | 11 |
| credit. The Board may subsequently approve the revocation | 12 |
| of
additional good conduct credit, if the Department seeks | 13 |
| to revoke good
conduct credit in excess of thirty days. | 14 |
| However, the Board shall not be
empowered to review the | 15 |
| Department's decision with respect to the loss of
30 days | 16 |
| of good conduct credit for any prisoner or to increase any | 17 |
| penalty
beyond the length requested by the Department;
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| (5) hear by at least one member and through a panel of | 19 |
| at least 3
members decide, the
release dates for certain | 20 |
| prisoners sentenced under the law in existence
prior to the | 21 |
| effective date of this amendatory Act of 1977, in
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| accordance with Section 3-3-2.1 of this Code;
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| (6) hear by at least one member and through a panel of | 24 |
| at least 3 members
decide, all requests for pardon, | 25 |
| reprieve or commutation, and make confidential
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| recommendations to the Governor;
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| (7) comply with the requirements of the Open Parole | 2 |
| Hearings Act;
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| (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 good conduct | 9 |
| credit, and if the prisoner has not
accumulated 180 days of | 10 |
| good conduct credit at the time of the dismissal, then
all | 11 |
| good conduct credit accumulated by the prisoner shall be | 12 |
| revoked;
and
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| (9) hear by at least 3 members, and, through a panel of | 14 |
| at least 3
members, decide whether to grant certificates of | 15 |
| relief from
disabilities or certificates of good conduct as | 16 |
| provided in Article 5.5 of
Chapter V ; and .
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| (10) hear by at least 3 members, and, through a panel | 18 |
| of at least 3
members, decide classification of committed | 19 |
| persons under Section 3-8-2 and transfers of committed | 20 |
| persons to another institution or facility under Section | 21 |
| 3-8-4. | 22 |
| (a-5) The Prisoner Review Board, with the cooperation of | 23 |
| and in
coordination with the Department of Corrections and the | 24 |
| Department of Central
Management Services, shall implement a | 25 |
| pilot project in 3 correctional
institutions providing for the | 26 |
| conduct of hearings under paragraphs (1) and
(4)
of subsection |
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| (a) of this Section through interactive video conferences.
The
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| project shall be implemented within 6 months after the | 3 |
| effective date of this
amendatory Act of 1996. Within 6 months | 4 |
| after the implementation of the pilot
project, the Prisoner | 5 |
| Review Board, with the cooperation of and in coordination
with | 6 |
| the Department of Corrections and the Department of Central | 7 |
| Management
Services, shall report to the Governor and the | 8 |
| General Assembly regarding the
use, costs, effectiveness, and | 9 |
| future viability of interactive video
conferences for Prisoner | 10 |
| Review Board hearings.
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| (b) Upon recommendation of the Department the Board may | 12 |
| restore good
conduct credit previously revoked.
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| (c) The Board shall cooperate with the Department in | 14 |
| promoting an
effective system of parole and mandatory | 15 |
| supervised release.
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| (d) The Board shall promulgate rules for the conduct of its | 17 |
| work,
and the Chairman shall file a copy of such rules and any | 18 |
| amendments
thereto with the Director and with the Secretary of | 19 |
| State.
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| (e) The Board shall keep records of all of its official | 21 |
| actions and
shall make them accessible in accordance with law | 22 |
| and the rules of the
Board.
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| (f) The Board or one who has allegedly violated the | 24 |
| conditions of
his parole or mandatory supervised release may | 25 |
| require by subpoena the
attendance and testimony of witnesses | 26 |
| and the production of documentary
evidence relating to any |
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| matter under investigation or hearing. The
Chairman of the | 2 |
| Board may sign subpoenas which shall be served by any
agent or | 3 |
| public official authorized by the Chairman of the Board, or by
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| any person lawfully authorized to serve a subpoena under the | 5 |
| laws of the
State of Illinois. The attendance of witnesses, and | 6 |
| the production of
documentary evidence, may be required from | 7 |
| any place in the State to a
hearing location in the State | 8 |
| before the Chairman of the Board or his
designated agent or | 9 |
| agents or any duly constituted Committee or
Subcommittee of the | 10 |
| Board. Witnesses so summoned shall be paid the same
fees and | 11 |
| mileage that are paid witnesses in the circuit courts of the
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| State, and witnesses whose depositions are taken and the | 13 |
| persons taking
those depositions are each entitled to the same | 14 |
| fees as are paid for
like services in actions in the circuit | 15 |
| courts of the State. Fees and
mileage shall be vouchered for | 16 |
| payment when the witness is discharged
from further attendance.
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| In case of disobedience to a subpoena, the Board may | 18 |
| petition any
circuit court of the State for an order requiring | 19 |
| the attendance and
testimony of witnesses or the production of | 20 |
| documentary evidence or
both. A copy of such petition shall be | 21 |
| served by personal service or by
registered or certified mail | 22 |
| upon the person who has failed to obey the
subpoena, and such | 23 |
| person shall be advised in writing that a hearing
upon the | 24 |
| petition will be requested in a court room to be designated in
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| such notice before the judge hearing motions or extraordinary | 26 |
| remedies
at a specified time, on a specified date, not less |
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| than 10 nor more than
15 days after the deposit of the copy of | 2 |
| the written notice and petition
in the U.S. mails addressed to | 3 |
| the person at his last known address or
after the personal | 4 |
| service of the copy of the notice and petition upon
such | 5 |
| person. The court upon the filing of such a petition, may order | 6 |
| the
person refusing to obey the subpoena to appear at an | 7 |
| investigation or
hearing, or to there produce documentary | 8 |
| evidence, if so ordered, or to
give evidence relative to the | 9 |
| subject matter of that investigation or
hearing. Any failure to | 10 |
| obey such order of the circuit court may be
punished by that | 11 |
| court as a contempt of court.
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| Each member of the Board and any hearing officer designated | 13 |
| by the
Board shall have the power to administer oaths and to | 14 |
| take the testimony
of persons under oath.
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| (g) Except under subsection (a) of this Section, a majority | 16 |
| of the
members then appointed to the Prisoner Review Board | 17 |
| shall constitute a
quorum for the transaction of all business | 18 |
| of the Board.
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| (h) The Prisoner Review Board shall annually transmit to | 20 |
| the
Director a detailed report of its work for the preceding | 21 |
| calendar year.
The annual report shall also be transmitted to | 22 |
| the Governor for
submission to the Legislature.
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| (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
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| (730 ILCS 5/3-8-2) (from Ch. 38, par. 1003-8-2)
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| Sec. 3-8-2. Social Evaluation; physical examination; |
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LRB096 17870 RLC 33876 b |
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| HIV/AIDS. | 2 |
| (a) A social evaluation shall be made of a
committed | 3 |
| person's medical, psychological, educational and vocational | 4 |
| condition
and history, including the use of alcohol and other | 5 |
| drugs, the
circumstances of his offense, and such other | 6 |
| information as the Department
may determine. The committed | 7 |
| person shall be assigned to an institution or
facility in so | 8 |
| far as practicable in accordance with the social evaluation.
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| The Prisoner Review Board shall hear by at least 3 members, | 10 |
| and, through a panel of at least 3
members, approve the | 11 |
| assignment to the institution or facility. Recommendations | 12 |
| shall be made for medical, dental, psychiatric,
psychological | 13 |
| and social service treatment.
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| (b) A record of the social evaluation shall be entered in | 15 |
| the committed
person's master record file and shall be | 16 |
| forwarded to the institution or
facility to which the person is | 17 |
| assigned.
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| (c) Upon admission to a correctional institution each | 19 |
| committed person
shall be given a physical examination. If he | 20 |
| is suspected of having a
communicable disease that in the | 21 |
| judgment of the Department medical
personnel requires medical | 22 |
| isolation, the committed person shall remain in
medical | 23 |
| isolation until it is no longer deemed medically necessary. | 24 |
| (d) Upon arrival at an inmate's final destination, the | 25 |
| Department must provide the committed person with appropriate | 26 |
| written information and counseling concerning HIV and AIDS. The |
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LRB096 17870 RLC 33876 b |
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| Department shall develop the written materials in consultation | 2 |
| with the Department of Public Health. At the same time, the | 3 |
| Department also must offer the
committed person the option of | 4 |
| being tested, with no copayment, for infection with human | 5 |
| immunodeficiency virus (HIV). The Department shall require | 6 |
| each committed person to sign a form stating that the committed | 7 |
| person has been informed of his or her rights with respect to | 8 |
| the testing required to be offered under this subsection (d) | 9 |
| and providing the committed person with an opportunity to | 10 |
| indicate either that he or she wants to be tested or that he or | 11 |
| she does not want to be tested. The Department, in consultation | 12 |
| with the Department of Public Health, shall prescribe the | 13 |
| contents of the form. The
testing provided under this | 14 |
| subsection (d) shall consist of an enzyme-linked
immunosorbent | 15 |
| assay (ELISA) test or any other test approved by
the Department | 16 |
| of Public Health. If the test result is positive,
the Western | 17 |
| Blot Assay or more reliable confirmatory test shall be
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| administered. Implementation of this subsection (d) is subject | 19 |
| to appropriation.
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| (Source: P.A. 94-629, eff. 1-1-06.)
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| (730 ILCS 5/3-8-4) (from Ch. 38, par. 1003-8-4)
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| Sec. 3-8-4. Intradivisional Transfers.
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| (a) After the initial assignments under Sections 3-8-2 and | 24 |
| 3-8-3, all
transfers of committed persons to another | 25 |
| institution or facility shall be
reviewed and approved by the |
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LRB096 17870 RLC 33876 b |
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| Prisoner Review Board and a person or persons designated by the | 2 |
| Director. A
record of each transfer and the reasons therefor | 3 |
| shall be included in the
person's master record file.
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| (b) Transfers to facilities for psychiatric treatment and | 5 |
| care within
the Department shall be made only after prior | 6 |
| psychiatric examination and
certification to the Director that | 7 |
| such transfer is required. Persons in
facilities for | 8 |
| psychiatric treatment and care within the Department shall
be | 9 |
| reexamined at least every 6 months. Persons found to no longer | 10 |
| require
psychiatric treatment and care shall be transferred to | 11 |
| other facilities of
the Department.
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| (Source: P.A. 77-2097.)
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.
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