Full Text of HB2732 098th General Assembly
HB2732 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2732 Introduced 2/21/2013, by Rep. Dennis M. Reboletti SYNOPSIS AS INTRODUCED: |
| 730 ILCS 5/3-2-2 | from Ch. 38, par. 1003-2-2 | 730 ILCS 5/3-3-2 | from Ch. 38, par. 1003-3-2 | 730 ILCS 5/3-3-3 | from Ch. 38, par. 1003-3-3 | 730 ILCS 5/3-3-8 | from Ch. 38, par. 1003-3-8 |
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Amends the Unified Code of Corrections. Provides that the Illinois Department of Corrections (IDOC) shall enter into a Memorandum of Understanding (MOU) with U.S. Immigration and Customs Enforcement (ICE) which authorizes the Secretary of the U.S. Department of Homeland Security to enter into written agreements with a state or any political subdivision of a state to remove an alien in the custody of that state.
Provides that the purpose of the MOU is to set forth terms by which ICE and IDOC will cooperate in a Rapid Removal of Eligible Parolees Accepted for Transfer ("Rapid REPAT") program, which allows for early conditional release for deportation of removable custodial aliens to their home countries. Provides that the Prisoner Review Board shall hear by at least one member and, through a panel of at least 3 members, decide all requests for release of prisoners subject to detainers filed by ICE. Provides that the Memorandum of Understanding (MOU) with U.S. Immigration and Customs Enforcement shall provide that a person may take part in the Rapid REPAT program only if a final order of deportation has been issued against the person, provided that prior to the issuance of the order: (A) the person has been advised of and given a full and fair opportunity to exercise his or her rights under federal immigration law to a hearing before an immigration judge to contest his or her removal from the United States, including but not limited to the right to seek and consult with legal counsel and to be represented by counsel at the hearing, to present evidence in support of any applicable defense to a removal proceeding or claim for relief from removal, and to seek review of an adverse decision by the judge; (B) the person has been informed of available legal referral services and of law firms and not-for-profit organizations that provide free or low-cost legal assistance; and (C) the information has been provided verbally and in writing in English and in the person's native language.
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| | A BILL FOR |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unified Code of Corrections is amended by | 5 | | changing Sections 3-2-2, 3-3-2, 3-3-3, and 3-3-8 as follows:
| 6 | | (730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
| 7 | | Sec. 3-2-2. Powers and Duties of the Department.
| 8 | | (1) In addition to the powers, duties and responsibilities | 9 | | which are
otherwise provided by law, the Department shall have | 10 | | the following powers:
| 11 | | (a) To accept persons committed to it by the courts of | 12 | | this State for
care, custody, treatment and | 13 | | rehabilitation, and to accept federal prisoners and aliens | 14 | | over whom the Office of the Federal Detention Trustee is | 15 | | authorized to exercise the federal detention function for | 16 | | limited purposes and periods of time.
| 17 | | (b) To develop and maintain reception and evaluation | 18 | | units for purposes
of analyzing the custody and | 19 | | rehabilitation needs of persons committed to
it and to | 20 | | assign such persons to institutions and programs under its | 21 | | control
or transfer them to other appropriate agencies. In | 22 | | consultation with the
Department of Alcoholism and | 23 | | Substance Abuse (now the Department of Human
Services), the |
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| 1 | | Department of Corrections
shall develop a master plan for | 2 | | the screening and evaluation of persons
committed to its | 3 | | custody who have alcohol or drug abuse problems, and for
| 4 | | making appropriate treatment available to such persons; | 5 | | the Department
shall report to the General Assembly on such | 6 | | plan not later than April 1,
1987. The maintenance and | 7 | | implementation of such plan shall be contingent
upon the | 8 | | availability of funds.
| 9 | | (b-1) To create and implement, on January 1, 2002, a | 10 | | pilot
program to
establish the effectiveness of | 11 | | pupillometer technology (the measurement of the
pupil's
| 12 | | reaction to light) as an alternative to a urine test for | 13 | | purposes of screening
and evaluating
persons committed to | 14 | | its custody who have alcohol or drug problems. The
pilot | 15 | | program shall require the pupillometer technology to be | 16 | | used in at
least one Department of
Corrections facility. | 17 | | The Director may expand the pilot program to include an
| 18 | | additional facility or
facilities as he or she deems | 19 | | appropriate.
A minimum of 4,000 tests shall be included in | 20 | | the pilot program.
The
Department must report to the
| 21 | | General Assembly on the
effectiveness of the program by | 22 | | January 1, 2003.
| 23 | | (b-5) To develop, in consultation with the Department | 24 | | of State Police, a
program for tracking and evaluating each | 25 | | inmate from commitment through release
for recording his or | 26 | | her gang affiliations, activities, or ranks.
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| 1 | | (c) To maintain and administer all State correctional | 2 | | institutions and
facilities under its control and to | 3 | | establish new ones as needed. Pursuant
to its power to | 4 | | establish new institutions and facilities, the Department
| 5 | | may, with the written approval of the Governor, authorize | 6 | | the Department of
Central Management Services to enter into | 7 | | an agreement of the type
described in subsection (d) of | 8 | | Section 405-300 of the
Department
of Central Management | 9 | | Services Law (20 ILCS 405/405-300). The Department shall
| 10 | | designate those institutions which
shall constitute the | 11 | | State Penitentiary System.
| 12 | | Pursuant to its power to establish new institutions and | 13 | | facilities, the
Department may authorize the Department of | 14 | | Central Management Services to
accept bids from counties | 15 | | and municipalities for the construction,
remodeling or | 16 | | conversion of a structure to be leased to the Department of
| 17 | | Corrections for the purposes of its serving as a | 18 | | correctional institution
or facility. Such construction, | 19 | | remodeling or conversion may be financed
with revenue bonds | 20 | | issued pursuant to the Industrial Building Revenue Bond
Act | 21 | | by the municipality or county. The lease specified in a bid | 22 | | shall be
for a term of not less than the time needed to | 23 | | retire any revenue bonds
used to finance the project, but | 24 | | not to exceed 40 years. The lease may
grant to the State | 25 | | the option to purchase the structure outright.
| 26 | | Upon receipt of the bids, the Department may certify |
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| 1 | | one or more of the
bids and shall submit any such bids to | 2 | | the General Assembly for approval.
Upon approval of a bid | 3 | | by a constitutional majority of both houses of the
General | 4 | | Assembly, pursuant to joint resolution, the Department of | 5 | | Central
Management Services may enter into an agreement | 6 | | with the county or
municipality pursuant to such bid.
| 7 | | (c-5) To build and maintain regional juvenile | 8 | | detention centers and to
charge a per diem to the counties | 9 | | as established by the Department to defray
the costs of | 10 | | housing each minor in a center. In this subsection (c-5),
| 11 | | "juvenile
detention center" means a facility to house | 12 | | minors during pendency of trial who
have been transferred | 13 | | from proceedings under the Juvenile Court Act of 1987 to
| 14 | | prosecutions under the criminal laws of this State in | 15 | | accordance with Section
5-805 of the Juvenile Court Act of | 16 | | 1987, whether the transfer was by operation
of
law or | 17 | | permissive under that Section. The Department shall | 18 | | designate the
counties to be served by each regional | 19 | | juvenile detention center.
| 20 | | (d) To develop and maintain programs of control, | 21 | | rehabilitation and
employment of committed persons within | 22 | | its institutions.
| 23 | | (d-5) To provide a pre-release job preparation program | 24 | | for inmates at Illinois adult correctional centers.
| 25 | | (e) To establish a system of supervision and guidance | 26 | | of committed persons
in the community.
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| 1 | | (f) To establish in cooperation with the Department of | 2 | | Transportation
to supply a sufficient number of prisoners | 3 | | for use by the Department of
Transportation to clean up the | 4 | | trash and garbage along State, county,
township, or | 5 | | municipal highways as designated by the Department of
| 6 | | Transportation. The Department of Corrections, at the | 7 | | request of the
Department of Transportation, shall furnish | 8 | | such prisoners at least
annually for a period to be agreed | 9 | | upon between the Director of
Corrections and the Director | 10 | | of Transportation. The prisoners used on this
program shall | 11 | | be selected by the Director of Corrections on whatever | 12 | | basis
he deems proper in consideration of their term, | 13 | | behavior and earned eligibility
to participate in such | 14 | | program - where they will be outside of the prison
facility | 15 | | but still in the custody of the Department of Corrections. | 16 | | Prisoners
convicted of first degree murder, or a Class X | 17 | | felony, or armed violence, or
aggravated kidnapping, or | 18 | | criminal sexual assault, aggravated criminal sexual
abuse | 19 | | or a subsequent conviction for criminal sexual abuse, or | 20 | | forcible
detention, or arson, or a prisoner adjudged a | 21 | | Habitual Criminal shall not be
eligible for selection to | 22 | | participate in such program. The prisoners shall
remain as | 23 | | prisoners in the custody of the Department of Corrections | 24 | | and such
Department shall furnish whatever security is | 25 | | necessary. The Department of
Transportation shall furnish | 26 | | trucks and equipment for the highway cleanup
program and |
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| 1 | | personnel to supervise and direct the program. Neither the
| 2 | | Department of Corrections nor the Department of | 3 | | Transportation shall replace
any regular employee with a | 4 | | prisoner.
| 5 | | (g) To maintain records of persons committed to it and | 6 | | to establish
programs of research, statistics and | 7 | | planning.
| 8 | | (h) To investigate the grievances of any person | 9 | | committed to the
Department, to inquire into any alleged | 10 | | misconduct by employees
or committed persons, and to | 11 | | investigate the assets
of committed persons to implement | 12 | | Section 3-7-6 of this Code; and for
these purposes it may | 13 | | issue subpoenas and compel the attendance of witnesses
and | 14 | | the production of writings and papers, and may examine | 15 | | under oath any
witnesses who may appear before it; to also | 16 | | investigate alleged violations
of a parolee's or | 17 | | releasee's conditions of parole or release; and for this
| 18 | | purpose it may issue subpoenas and compel the attendance of | 19 | | witnesses and
the production of documents only if there is | 20 | | reason to believe that such
procedures would provide | 21 | | evidence that such violations have occurred.
| 22 | | If any person fails to obey a subpoena issued under | 23 | | this subsection,
the Director may apply to any circuit | 24 | | court to secure compliance with the
subpoena. The failure | 25 | | to comply with the order of the court issued in
response | 26 | | thereto shall be punishable as contempt of court.
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| 1 | | (i) To appoint and remove the chief administrative | 2 | | officers, and
administer
programs of training and | 3 | | development of personnel of the Department. Personnel
| 4 | | assigned by the Department to be responsible for the
| 5 | | custody and control of committed persons or to investigate | 6 | | the alleged
misconduct of committed persons or employees or | 7 | | alleged violations of a
parolee's or releasee's conditions | 8 | | of parole shall be conservators of the peace
for those | 9 | | purposes, and shall have the full power of peace officers | 10 | | outside
of the facilities of the Department in the | 11 | | protection, arrest, retaking
and reconfining of committed | 12 | | persons or where the exercise of such power
is necessary to | 13 | | the investigation of such misconduct or violations.
| 14 | | (j) To cooperate with other departments and agencies | 15 | | and with local
communities for the development of standards | 16 | | and programs for better
correctional services in this | 17 | | State.
| 18 | | (k) To administer all moneys and properties of the | 19 | | Department.
| 20 | | (l) To report annually to the Governor on the committed
| 21 | | persons, institutions and programs of the Department.
| 22 | | (l-5) (Blank).
| 23 | | (m) To make all rules and regulations and exercise all | 24 | | powers and duties
vested by law in the Department.
| 25 | | (n) To establish rules and regulations for | 26 | | administering a system of
sentence credits, established in |
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| 1 | | accordance with Section 3-6-3, subject
to review by the | 2 | | Prisoner Review Board.
| 3 | | (o) To administer the distribution of funds
from the | 4 | | State Treasury to reimburse counties where State penal
| 5 | | institutions are located for the payment of assistant | 6 | | state's attorneys'
salaries under Section 4-2001 of the | 7 | | Counties Code.
| 8 | | (p) To exchange information with the Department of | 9 | | Human Services and the
Department of Healthcare and Family | 10 | | Services
for the purpose of verifying living arrangements | 11 | | and for other purposes
directly connected with the | 12 | | administration of this Code and the Illinois
Public Aid | 13 | | Code.
| 14 | | (q) To establish a diversion program.
| 15 | | The program shall provide a structured environment for | 16 | | selected
technical parole or mandatory supervised release | 17 | | violators and committed
persons who have violated the rules | 18 | | governing their conduct while in work
release. This program | 19 | | shall not apply to those persons who have committed
a new | 20 | | offense while serving on parole or mandatory supervised | 21 | | release or
while committed to work release.
| 22 | | Elements of the program shall include, but shall not be | 23 | | limited to, the
following:
| 24 | | (1) The staff of a diversion facility shall provide | 25 | | supervision in
accordance with required objectives set | 26 | | by the facility.
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| 1 | | (2) Participants shall be required to maintain | 2 | | employment.
| 3 | | (3) Each participant shall pay for room and board | 4 | | at the facility on a
sliding-scale basis according to | 5 | | the participant's income.
| 6 | | (4) Each participant shall:
| 7 | | (A) provide restitution to victims in | 8 | | accordance with any court order;
| 9 | | (B) provide financial support to his | 10 | | dependents; and
| 11 | | (C) make appropriate payments toward any other | 12 | | court-ordered
obligations.
| 13 | | (5) Each participant shall complete community | 14 | | service in addition to
employment.
| 15 | | (6) Participants shall take part in such | 16 | | counseling, educational and
other programs as the | 17 | | Department may deem appropriate.
| 18 | | (7) Participants shall submit to drug and alcohol | 19 | | screening.
| 20 | | (8) The Department shall promulgate rules | 21 | | governing the administration
of the program.
| 22 | | (r) To enter into intergovernmental cooperation | 23 | | agreements under which
persons in the custody of the | 24 | | Department may participate in a county impact
| 25 | | incarceration program established under Section 3-6038 or | 26 | | 3-15003.5 of the
Counties Code.
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| 1 | | (r-5) (Blank).
| 2 | | (r-10) To systematically and routinely identify with | 3 | | respect to each
streetgang active within the correctional | 4 | | system: (1) each active gang; (2)
every existing inter-gang | 5 | | affiliation or alliance; and (3) the current leaders
in | 6 | | each gang. The Department shall promptly segregate leaders | 7 | | from inmates who
belong to their gangs and allied gangs. | 8 | | "Segregate" means no physical contact
and, to the extent | 9 | | possible under the conditions and space available at the
| 10 | | correctional facility, prohibition of visual and sound | 11 | | communication. For the
purposes of this paragraph (r-10), | 12 | | "leaders" means persons who:
| 13 | | (i) are members of a criminal streetgang;
| 14 | | (ii) with respect to other individuals within the | 15 | | streetgang, occupy a
position of organizer, | 16 | | supervisor, or other position of management or
| 17 | | leadership; and
| 18 | | (iii) are actively and personally engaged in | 19 | | directing, ordering,
authorizing, or requesting | 20 | | commission of criminal acts by others, which are
| 21 | | punishable as a felony, in furtherance of streetgang | 22 | | related activity both
within and outside of the | 23 | | Department of Corrections.
| 24 | | "Streetgang", "gang", and "streetgang related" have the | 25 | | meanings ascribed to
them in Section 10 of the Illinois | 26 | | Streetgang Terrorism Omnibus Prevention
Act.
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| 1 | | (s) To operate a super-maximum security institution, | 2 | | in order to
manage and
supervise inmates who are disruptive | 3 | | or dangerous and provide for the safety
and security of the | 4 | | staff and the other inmates.
| 5 | | (t) To monitor any unprivileged conversation or any | 6 | | unprivileged
communication, whether in person or by mail, | 7 | | telephone, or other means,
between an inmate who, before | 8 | | commitment to the Department, was a member of an
organized | 9 | | gang and any other person without the need to show cause or | 10 | | satisfy
any other requirement of law before beginning the | 11 | | monitoring, except as
constitutionally required. The | 12 | | monitoring may be by video, voice, or other
method of | 13 | | recording or by any other means. As used in this | 14 | | subdivision (1)(t),
"organized gang" has the meaning | 15 | | ascribed to it in Section 10 of the Illinois
Streetgang | 16 | | Terrorism Omnibus Prevention Act.
| 17 | | As used in this subdivision (1)(t), "unprivileged | 18 | | conversation" or
"unprivileged communication" means a | 19 | | conversation or communication that is not
protected by any | 20 | | privilege recognized by law or by decision, rule, or order | 21 | | of
the Illinois Supreme Court.
| 22 | | (u) To establish a Women's and Children's Pre-release | 23 | | Community
Supervision
Program for the purpose of providing | 24 | | housing and services to eligible female
inmates, as | 25 | | determined by the Department, and their newborn and young
| 26 | | children.
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| 1 | | (u-5) To issue an order, whenever a person committed to | 2 | | the Department absconds or absents himself or herself, | 3 | | without authority to do so, from any facility or program to | 4 | | which he or she is assigned. The order shall be certified | 5 | | by the Director, the Supervisor of the Apprehension Unit, | 6 | | or any person duly designated by the Director, with the | 7 | | seal of the Department affixed. The order shall be directed | 8 | | to all sheriffs, coroners, and police officers, or to any | 9 | | particular person named in the order. Any order issued | 10 | | pursuant to this subdivision (1) (u-5) shall be sufficient | 11 | | warrant for the officer or person named in the order to | 12 | | arrest and deliver the committed person to the proper | 13 | | correctional officials and shall be executed the same as | 14 | | criminal process.
| 15 | | (v) To do all other acts necessary to carry out the | 16 | | provisions
of this Chapter.
| 17 | | (2) The Department of Corrections shall by January 1, 1998, | 18 | | consider
building and operating a correctional facility within | 19 | | 100 miles of a county of
over 2,000,000 inhabitants, especially | 20 | | a facility designed to house juvenile
participants in the | 21 | | impact incarceration program.
| 22 | | (3) When the Department lets bids for contracts for medical
| 23 | | services to be provided to persons committed to Department | 24 | | facilities by
a health maintenance organization, medical | 25 | | service corporation, or other
health care provider, the bid may | 26 | | only be let to a health care provider
that has obtained an |
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| 1 | | irrevocable letter of credit or performance bond
issued by a | 2 | | company whose bonds have an investment grade or higher rating | 3 | | by a bond rating
organization.
| 4 | | (4) When the Department lets bids for
contracts for food or | 5 | | commissary services to be provided to
Department facilities, | 6 | | the bid may only be let to a food or commissary
services | 7 | | provider that has obtained an irrevocable letter of
credit or | 8 | | performance bond issued by a company whose bonds have an | 9 | | investment grade or higher rating by a bond rating | 10 | | organization.
| 11 | | (5) The Illinois Department of Corrections (IDOC) shall | 12 | | enter into a Memorandum of Understanding (MOU) with U.S. | 13 | | Immigration and Customs Enforcement (ICE), pursuant to Section | 14 | | 241(a) of the Immigration and Nationality Act, codified at 8 | 15 | | U.S.C. Section 1231(a), as amended by the Homeland Security Act | 16 | | of 2002, Public Law No. 107-296 as codified at 8 U.S.C. | 17 | | Sections 131-134 which authorizes the Secretary of the | 18 | | Department of Homeland Security to enter into written | 19 | | agreements with a state or any political subdivision of a state | 20 | | to remove certain non-United States citizens in the custody of | 21 | | that state. The purpose of the MOU is to set forth terms by | 22 | | which ICE and IDOC will cooperate in a Rapid Removal of | 23 | | Eligible Parolees Accepted for Transfer ("Rapid REPAT") | 24 | | program, which allows for early conditional release for | 25 | | deportation of the noncitizens to their home countries. The MOU | 26 | | shall provide that a person may take part in this program only |
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| 1 | | if a final order of deportation has been issued against the | 2 | | person, provided that prior to the issuance of the order: | 3 | | (A) the person has been advised of and given a full and | 4 | | fair opportunity to exercise his or her rights under | 5 | | federal immigration law to a hearing before an immigration | 6 | | judge to contest his or her removal from the United States, | 7 | | including but not limited to the right to seek and consult | 8 | | with legal counsel and to be represented by counsel at the | 9 | | hearing, to present evidence in support of any applicable | 10 | | defense to a removal proceeding or claim for relief from | 11 | | removal, and to seek review of an adverse decision by the | 12 | | judge; | 13 | | (B) the person has been informed of available legal | 14 | | referral services and of law firms and not-for-profit | 15 | | organizations that provide free or low-cost legal | 16 | | assistance; and | 17 | | (C) the information described in subparagraphs (A) and | 18 | | (B) has been provided verbally and in writing in English | 19 | | and in the person's native language. | 20 | | (Source: P.A. 96-1265, eff. 7-26-10; 97-697, eff. 6-22-12; | 21 | | 97-800, eff. 7-13-12; 97-802, eff. 7-13-12; revised 7-23-12.)
| 22 | | (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
| 23 | | Sec. 3-3-2. Powers and Duties.
| 24 | | (a) The Parole and Pardon Board is abolished and the term | 25 | | "Parole and
Pardon Board" as used in any law of Illinois, shall |
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| 1 | | read "Prisoner Review
Board." After the effective date of this | 2 | | amendatory Act of 1977, the
Prisoner Review Board shall provide | 3 | | by rule for the orderly transition of
all files, records, and | 4 | | documents of the Parole and Pardon Board and for
such other | 5 | | steps as may be necessary to effect an orderly transition and | 6 | | shall:
| 7 | | (1) hear by at least one member and through a panel of | 8 | | at least 3 members
decide, cases of prisoners
who were | 9 | | sentenced under the law in effect prior to the effective
| 10 | | date of this amendatory Act of 1977, and who are eligible | 11 | | for parole;
| 12 | | (2) hear by at least one member and through a panel of | 13 | | at least 3 members decide, the conditions of
parole and the | 14 | | time of discharge from parole, impose sanctions for
| 15 | | violations of parole, and revoke
parole for those sentenced | 16 | | under the law in effect prior to this amendatory
Act of | 17 | | 1977; provided that the decision to parole and the | 18 | | conditions of
parole for all prisoners who were sentenced | 19 | | for first degree murder or who
received a minimum sentence | 20 | | of 20 years or more under the law in effect
prior to | 21 | | February 1, 1978 shall be determined by a majority vote of | 22 | | the
Prisoner Review Board. One representative supporting | 23 | | parole and one representative opposing parole will be | 24 | | allowed to speak. Their comments shall be limited to making | 25 | | corrections and filling in omissions to the Board's | 26 | | presentation and discussion;
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| 1 | | (3) hear by at least one member and through a panel of | 2 | | at least 3 members decide, the conditions
of mandatory | 3 | | supervised release and the time of discharge from mandatory
| 4 | | supervised release, impose sanctions for violations of | 5 | | mandatory
supervised release, and revoke mandatory | 6 | | supervised release for those
sentenced under the law in | 7 | | effect after the effective date of this
amendatory Act of | 8 | | 1977;
| 9 | | (3.5) hear by at least one member and through a panel | 10 | | of at least 3 members decide, the conditions of mandatory | 11 | | supervised release and the time of discharge from mandatory | 12 | | supervised release, to impose sanctions for violations of | 13 | | mandatory supervised release and revoke mandatory | 14 | | supervised release for those serving extended supervised | 15 | | release terms pursuant to paragraph (4) of subsection (d) | 16 | | of Section 5-8-1;
| 17 | | (4) hear by at least one member and through a panel of | 18 | | at least 3
members,
decide cases brought by the Department | 19 | | of Corrections against a prisoner in
the custody of the | 20 | | Department for alleged violation of Department rules
with | 21 | | respect to sentence credits under Section 3-6-3 of this | 22 | | Code
in which the Department seeks to revoke sentence | 23 | | credits, if the amount
of time at issue exceeds 30 days or | 24 | | when, during any 12 month period, the
cumulative amount of | 25 | | credit revoked exceeds 30 days except where the
infraction | 26 | | is committed or discovered within 60 days of scheduled |
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| 1 | | release.
In such cases, the Department of Corrections may | 2 | | revoke up to 30 days of
sentence credit. The Board may | 3 | | subsequently approve the revocation of
additional sentence | 4 | | credit, if the Department seeks to revoke sentence credit | 5 | | in excess of thirty days. However, the Board shall not be
| 6 | | empowered to review the Department's decision with respect | 7 | | to the loss of
30 days of sentence credit for any prisoner | 8 | | or to increase any penalty
beyond the length requested by | 9 | | the Department;
| 10 | | (5) hear by at least one member and through a panel of | 11 | | at least 3
members decide, the
release dates for certain | 12 | | prisoners sentenced under the law in existence
prior to the | 13 | | effective date of this amendatory Act of 1977, in
| 14 | | accordance with Section 3-3-2.1 of this Code;
| 15 | | (6) hear by at least one member and through a panel of | 16 | | at least 3 members
decide, all requests for pardon, | 17 | | reprieve or commutation, and make confidential
| 18 | | recommendations to the Governor;
| 19 | | (7) comply with the requirements of the Open Parole | 20 | | Hearings Act;
| 21 | | (8) hear by at least one member and, through a panel of | 22 | | at least 3
members, decide cases brought by the Department | 23 | | of Corrections against a
prisoner in the custody of the | 24 | | Department for court dismissal of a frivolous
lawsuit | 25 | | pursuant to Section 3-6-3(d) of this Code in which the | 26 | | Department seeks
to revoke up to 180 days of sentence |
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| 1 | | credit, and if the prisoner has not
accumulated 180 days of | 2 | | sentence credit at the time of the dismissal, then
all | 3 | | sentence credit accumulated by the prisoner shall be | 4 | | revoked;
| 5 | | (9) hear by at least 3 members, and, through a panel of | 6 | | at least 3
members, decide whether to grant certificates of | 7 | | relief from
disabilities or certificates of good conduct as | 8 | | provided in Article 5.5 of
Chapter V; and | 9 | | (10) upon a petition by a person who has been convicted | 10 | | of a Class 3 or Class 4 felony and who meets the | 11 | | requirements of this paragraph, hear by at least 3 members | 12 | | and, with the unanimous vote of a panel of 3 members, issue | 13 | | a certificate of eligibility for sealing recommending that | 14 | | the court order the sealing of all official
records of the | 15 | | arresting authority, the circuit court clerk, and the | 16 | | Department of State Police concerning the arrest and | 17 | | conviction for the Class 3 or 4 felony. A person may not | 18 | | apply to the Board for a certificate of eligibility for | 19 | | sealing: | 20 | | (A) until 5 years have elapsed since the expiration | 21 | | of his or her sentence; | 22 | | (B) until 5 years have elapsed since any arrests or | 23 | | detentions by a law enforcement officer for an alleged | 24 | | violation of law, other than a petty offense, traffic | 25 | | offense, conservation offense, or local ordinance | 26 | | offense; |
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| 1 | | (C) if convicted of a violation of the Cannabis | 2 | | Control Act, Illinois Controlled Substances Act, the | 3 | | Methamphetamine Control and Community Protection Act, | 4 | | the Methamphetamine Precursor Control Act, or the | 5 | | Methamphetamine Precursor Tracking Act unless the | 6 | | petitioner has completed a drug abuse program for the | 7 | | offense on which sealing is sought and provides proof | 8 | | that he or she has completed the program successfully; | 9 | | (D) if convicted of: | 10 | | (i) a sex offense described in Article 11 or | 11 | | Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of | 12 | | the Criminal Code of 1961 or the Criminal Code of | 13 | | 2012; | 14 | | (ii) aggravated assault; | 15 | | (iii) aggravated battery; | 16 | | (iv) domestic battery; | 17 | | (v) aggravated domestic battery; | 18 | | (vi) violation of an order of protection; | 19 | | (vii) an offense under the Criminal Code of | 20 | | 1961 or the Criminal Code of 2012 involving a | 21 | | firearm; | 22 | | (viii) driving while under the influence of | 23 | | alcohol, other drug or drugs, intoxicating | 24 | | compound or compounds or any combination thereof; | 25 | | (ix) aggravated driving while under the | 26 | | influence of alcohol, other drug or drugs, |
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| 1 | | intoxicating compound or compounds or any | 2 | | combination thereof; or | 3 | | (x) any crime defined as a crime of violence | 4 | | under Section 2 of the Crime Victims Compensation | 5 | | Act. | 6 | | If a person has applied to the Board for a certificate of | 7 | | eligibility for sealing and the Board denies the certificate, | 8 | | the person must wait at least 4 years before filing again or | 9 | | filing for pardon from the Governor unless the Chairman of the | 10 | | Prisoner Review Board grants a waiver. | 11 | | The decision to issue or refrain from issuing a certificate | 12 | | of eligibility for sealing shall be at the Board's sole | 13 | | discretion, and shall not give rise to any cause of action | 14 | | against either the Board or its members. | 15 | | The Board may only authorize the sealing of Class 3 and 4 | 16 | | felony convictions of the petitioner from one information or | 17 | | indictment under this paragraph (10). A petitioner may only | 18 | | receive one certificate of eligibility for sealing under this | 19 | | provision for life ; and .
| 20 | | (11) hear by at least one member and, through a panel | 21 | | of at least 3 members, decide all requests for early | 22 | | conditional release under the Rapid REPAT program | 23 | | described in subsection (5) of Section 3-2-2 of this Code. | 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 the | 5 | | effective date of this
amendatory Act of 1996. Within 6 months | 6 | | after the implementation of the pilot
project, the Prisoner | 7 | | Review Board, with the cooperation of and in coordination
with | 8 | | the Department of Corrections and the Department of Central | 9 | | Management
Services, shall report to the Governor and the | 10 | | General Assembly regarding the
use, costs, effectiveness, and | 11 | | future viability of interactive video
conferences for Prisoner | 12 | | 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 its | 19 | | work,
and the Chairman shall file a copy of such rules and any | 20 | | amendments
thereto with the Director and with the Secretary of | 21 | | 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 parole or mandatory supervised release may |
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| 1 | | require by subpoena the
attendance and testimony of witnesses | 2 | | and the production of documentary
evidence relating to any | 3 | | matter under investigation or hearing. The
Chairman of the | 4 | | Board may sign subpoenas which shall be served by any
agent or | 5 | | public official authorized by the Chairman of the Board, or by
| 6 | | any person lawfully authorized to serve a subpoena under the | 7 | | laws of the
State of Illinois. The attendance of witnesses, and | 8 | | the production of
documentary evidence, may be required from | 9 | | any place in the State to a
hearing location in the State | 10 | | before the Chairman of the Board or his
designated agent or | 11 | | agents or any duly constituted Committee or
Subcommittee of the | 12 | | Board. Witnesses so summoned shall be paid the same
fees and | 13 | | mileage that are paid witnesses in the circuit courts of the
| 14 | | State, and witnesses whose depositions are taken and the | 15 | | persons taking
those depositions are each entitled to the same | 16 | | fees as are paid for
like services in actions in the circuit | 17 | | courts of the State. Fees and
mileage shall be vouchered for | 18 | | payment when the witness is discharged
from further attendance.
| 19 | | In case of disobedience to a subpoena, the Board may | 20 | | petition any
circuit court of the State for an order requiring | 21 | | the attendance and
testimony of witnesses or the production of | 22 | | documentary evidence or
both. A copy of such petition shall be | 23 | | served by personal service or by
registered or certified mail | 24 | | upon the person who has failed to obey the
subpoena, and such | 25 | | person shall be advised in writing that a hearing
upon the | 26 | | petition will be requested in a court room to be designated in
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| 1 | | such notice before the judge hearing motions or extraordinary | 2 | | remedies
at a specified time, on a specified date, not less | 3 | | than 10 nor more than
15 days after the deposit of the copy of | 4 | | the written notice and petition
in the U.S. mails addressed to | 5 | | the person at his last known address or
after the personal | 6 | | service of the copy of the notice and petition upon
such | 7 | | person. The court upon the filing of such a petition, may order | 8 | | the
person refusing to obey the subpoena to appear at an | 9 | | investigation or
hearing, or to there produce documentary | 10 | | evidence, if so ordered, or to
give evidence relative to the | 11 | | subject matter of that investigation or
hearing. Any failure to | 12 | | obey such order of the circuit court may be
punished by that | 13 | | court as a contempt of court.
| 14 | | Each member of the Board and any hearing officer designated | 15 | | by the
Board shall have the power to administer oaths and to | 16 | | take the testimony
of persons under oath.
| 17 | | (g) Except under subsection (a) of this Section, a majority | 18 | | of the
members then appointed to the Prisoner Review Board | 19 | | shall constitute a
quorum for the transaction of all business | 20 | | of the Board.
| 21 | | (h) The Prisoner Review Board shall annually transmit to | 22 | | the
Director a detailed report of its work for the preceding | 23 | | calendar year.
The annual report shall also be transmitted to | 24 | | the Governor for
submission to the Legislature.
| 25 | | (Source: P.A. 96-875, eff. 1-22-10; 97-697, eff. 6-22-12; | 26 | | 97-1120, eff. 1-1-13; 97-1150, eff. 1-25-13.)
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| 1 | | (730 ILCS 5/3-3-3) (from Ch. 38, par. 1003-3-3)
| 2 | | Sec. 3-3-3. Eligibility for Parole or Release.
| 3 | | (a) Except for those offenders who accept the fixed release
| 4 | | date established by the Prisoner Review Board under Section
| 5 | | 3-3-2.1, every person serving a term of imprisonment under
the | 6 | | law in effect prior to the effective date of this
amendatory | 7 | | Act of 1977 shall be eligible for parole when
he has served:
| 8 | | (1) the minimum term of an indeterminate sentence less
| 9 | | time credit for good behavior, or 20 years less time credit
| 10 | | for good behavior, whichever is less; or
| 11 | | (2) 20 years of a life sentence less time credit for | 12 | | good behavior; or
| 13 | | (3) 20 years or one-third of a determinate sentence,
| 14 | | whichever is less, less time credit for good behavior.
| 15 | | (b) No person sentenced under this amendatory Act of 1977 | 16 | | or who accepts
a release date under Section 3-3-2.1 shall be | 17 | | eligible for parole.
| 18 | | (c) Except for those sentenced to a term of natural
life | 19 | | imprisonment, every person sentenced to imprisonment
under | 20 | | this amendatory Act of 1977 or given a release date
under | 21 | | Section 3-3-2.1 of this Act shall serve the full term
of a | 22 | | determinate sentence less time credit for good behavior
and | 23 | | shall then be released under the mandatory supervised
release | 24 | | provisions of paragraph (d) of Section 5-8-1 of this Code.
| 25 | | (d) No person serving a term of natural life imprisonment |
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| 1 | | may be paroled
or released except through executive clemency.
| 2 | | (e) Every person committed to the Department of Juvenile | 3 | | Justice under Section
5-10 of the Juvenile Court Act or Section | 4 | | 5-750 of the Juvenile
Court Act
of 1987 or Section 5-8-6 of | 5 | | this Code and confined in the State correctional
institutions | 6 | | or facilities if such juvenile has not been
tried as an adult | 7 | | shall be eligible for parole without
regard to the length of | 8 | | time the person has been confined
or whether the person has | 9 | | served any minimum term imposed.
However, if a juvenile has | 10 | | been tried as an adult he shall
only be eligible for parole or | 11 | | mandatory supervised release
as an adult under this Section.
| 12 | | (f) Notwithstanding any other provision of law, any person | 13 | | in the custody of IDOC who is not a citizen of the United | 14 | | States who meets the following criteria may be released by the | 15 | | Prisoner Review Board to the custody of the United States | 16 | | Department of Homeland Security, Immigration and Customs | 17 | | Enforcement under the Rapid REPAT program described in | 18 | | subsection (5) of Section 3-2-2 of this Code: | 19 | | (1) the person has requested the release voluntarily, | 20 | | but only after: | 21 | | (A) IDOC has identified the person as potentially | 22 | | eligible for the Rapid REPAT program based on the | 23 | | person having fulfilled the requirements in paragraphs | 24 | | (2), (3), and (4) of this subsection (f); | 25 | | (B) subsequent to the identification described in | 26 | | subparagraph (A) of this paragraph (1), IDOC has fully |
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| 1 | | informed the person, both verbally and in writing in | 2 | | English and in the person's native language, about the | 3 | | Rapid REPAT program, including the program | 4 | | requirements for transfer to Immigration and Customs | 5 | | Enforcement and removal from the United States and the | 6 | | consequences of returning to the United States | 7 | | illegally subsequent to removal; and | 8 | | (C) IDOC has provided the person with a written | 9 | | list of names and phone numbers of legal resources with | 10 | | which the person may seek legal consultation, | 11 | | including legal referral services, law firms, and | 12 | | not-for-profit organizations that provide free or | 13 | | low-cost legal assistance; | 14 | | (2) a final order of deportation has been issued | 15 | | against the person, provided that prior to the issuance of | 16 | | the order, the person has been provided the information | 17 | | described in the last sentence of subsection (5) of Section | 18 | | 3-2-2 of this Code, and provided further that Immigration | 19 | | and Customs Enforcement has notified IDOC that the person | 20 | | has exhausted or voluntarily waived in writing any further | 21 | | rights to seek review of the order; | 22 | | (3) the person has less than one year remaining on his | 23 | | or her sentence of incarceration with the Department of | 24 | | Corrections; and | 25 | | (4) the person is not serving a sentence for a forcible | 26 | | felony, as defined in the Criminal Code of 2012; for any |
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| 1 | | offense "directed against the person", as identified in | 2 | | Part B of Title III of the Criminal Code of 2012; for any | 3 | | offense "affecting governmental functions", as identified | 4 | | in Part E of Title III of the Criminal Code of 2012; for | 5 | | any "aggravated" offense, as identified in Part F of Title | 6 | | III of the Criminal Code of 2012; or for an offense falling | 7 | | into a Class of felony other than Class 3 or 4, as set out | 8 | | in the Criminal Code of 2012 and the Unified Code of | 9 | | Corrections. | 10 | | The Board may condition the early conditional release of a | 11 | | person under this paragraph on receipt of assurance from | 12 | | Immigration and Customs Enforcement that the order of | 13 | | deportation will be executed promptly and that a person | 14 | | released hereunder will not be released from the custody of | 15 | | Immigration and Customs Enforcement, unless the release is a | 16 | | result of deportation, without notice to the Board and an | 17 | | opportunity for issuance of a parole violation warrant for the | 18 | | retaking of the person. | 19 | | If a person released under this subsection returns | 20 | | illegally to the United States, on notification from any | 21 | | federal, state, or local law enforcement authority that the | 22 | | person is in custody, the Board shall revoke his or her early | 23 | | conditional release. Thereafter, the person shall not be | 24 | | eligible for release without first having served the full | 25 | | remainder of his or her term of incarceration. In that event, | 26 | | though, the time spent in the custody of Immigration and |
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| 1 | | Customs Enforcement shall be credited against the remainder of | 2 | | the term of incarceration. | 3 | | (Source: P.A. 94-696, eff. 6-1-06 .)
| 4 | | (730 ILCS 5/3-3-8) (from Ch. 38, par. 1003-3-8)
| 5 | | Sec. 3-3-8. Length of parole and mandatory supervised
| 6 | | release; discharge.) | 7 | | (a) The length of parole
for a person sentenced under the | 8 | | law in effect prior to
the effective date of this amendatory | 9 | | Act of 1977 and the
length of mandatory supervised release for | 10 | | those sentenced
under the law in effect on and after such | 11 | | effective date
shall be as set out in Section 5-8-1 unless | 12 | | sooner terminated
under paragraph (b) of this Section. The | 13 | | parole period
of a juvenile committed to the Department under | 14 | | the Juvenile
Court Act or the Juvenile Court Act of 1987 shall | 15 | | extend until he is 21
years of age unless sooner terminated | 16 | | under paragraph (b) of this Section.
| 17 | | (b) The Prisoner Review Board may enter an order
releasing | 18 | | and discharging one from parole or mandatory
supervised | 19 | | release, and his commitment to the Department,
when it | 20 | | determines that he is likely to remain at liberty
without | 21 | | committing another offense.
| 22 | | (b-1) Provided that the subject is in compliance with the | 23 | | terms and conditions of his or her parole or mandatory | 24 | | supervised release, the Prisoner Review Board may reduce the | 25 | | period of a parolee or releasee's parole or mandatory |
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| 1 | | supervised release by 90 days upon the parolee or releasee | 2 | | receiving a high school diploma or upon passage of the high | 3 | | school level Test of General Educational Development during the | 4 | | period of his or her parole or mandatory supervised release. | 5 | | This reduction in the period of a subject's term of parole or | 6 | | mandatory supervised release shall be available only to | 7 | | subjects who have not previously earned a high school diploma | 8 | | or who have not previously passed the high school level Test of | 9 | | General Educational Development. | 10 | | (b-2) The Prisoner Review Board may enter an order granting | 11 | | early conditional release under the Rapid REPAT program | 12 | | described in subsection (5) of Section 3-2-2 of this Code in | 13 | | accordance with subsection (f) of Section 3-3-3 of this Code. | 14 | | (c) The order of discharge shall become effective upon | 15 | | entry of the
order of the Board. The Board shall notify the | 16 | | clerk of the committing
court of the order. Upon receipt of | 17 | | such copy, the clerk shall make an
entry on the record judgment | 18 | | that the sentence or commitment has been
satisfied pursuant to | 19 | | the order.
| 20 | | (d) Rights of the person discharged under this
Section | 21 | | shall be restored under Section 5-5-5. This Section is subject | 22 | | to
Section 5-750 of the Juvenile Court Act of 1987.
| 23 | | (Source: P.A. 97-531, eff. 1-1-12.)
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